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AGREEMENT/ TERMS OF USE

We refer to these Terms of Use as the “Agreement.” We may update or amend these Terms of Use from time to time by posting such updates or amendments to the Site. Your use of the Site after we post any such updates or amendments will constitute your agreement to those updates or amendments.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE ACCESSING THE SITE OR USING ANY OF THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE/APP OR USE ANY OF THE SERVICES AND SHOULD IMMEDIATELY CEASE SUCH ACCESS AND USE.

The Terms and Conditions of use set forth herein apply to the app & services titled ShopOut which is owned, operated, licensed and controlled by NYSTECH Services Pvt Ltd. This website/app is for the purpose of bringing together shopper & seller on one common platform for information & commerce. As a user and potential customer, we invite you to browse our app. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this app, except download material in temporary storage on one computer/mobile solely for your personal and non-commercial use.

Any unauthorized use of the services and content may violate copyright laws, trade mark laws as well as the laws of privacy and NYSTECH Services Pvt Ltd is not responsible for the same. ‘Unauthorized use’ shall mean and include any usage of the digital content provided on this website not in conformity with the rights granted with respect to the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

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Refund Rules/Policies

Since ShopOut is offering non-tangible services and any commercial transaction is between the shopper & seller with no influence or activity from ShopOut, hence ShopOut will not be liable for any monies exchanged, faulty goods, or refund related liabilities. As a customer you are responsible for understanding this upon purchasing any services at our site. We shall take utmost care in regards to the functionality & uptime of our services but we do not guarantee this. In certain cases we may increase your subscription duration in the event of a outage our situations beyond our control

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Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE/APP AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER NYSTECH Services Pvt Ltd NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SITE OR THE SERVICES; (II) ANY CONTENT CONTAINED ON THE SITES/APP AND/OR THE SERVICES; (III) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (VI) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (VII) ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE OR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL NYSTECH Services Pvt Ltd TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED ONE RUPEE (RS 1.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

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Force majeure

NYSTECH Services Pvt Ltd shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, pandemic or lockdowns, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the hardware, SMS delays, failure of the internet links or government/regulatory action.

Transactions between you and NYSTECH Services Pvt Ltd. shall be governed by and construed in accordance with the laws of India, without regard to any conflicts of laws of other nations. Any litigation regarding this agreement or any transaction between customer and ShopOut or any action at law or in equity arising out of or relating to these agreement or transaction shall be filed only in the Competent Courts of Mumbai alone and the customer hereby agrees, consents and submits to the jurisdiction of such courts for the purpose of litigating any such action.

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ShopOut Privacy Policy

Nystech Services Pvt Lts (known as ShopOut) and/or its affiliates ("ShopOut," the "Company," "we," "us," and "our,") respect your privacy and is committed to protecting it through its compliance with its privacy policies. This policy describes:

• the types of information that ShopOut may collect from you when you access or use its websites, applications and other online services (collectively, referred as "Services"); and

• its practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies only to the information ShopOut collects through its Services, in email, text and other electronic communications sent through or in connection with its Services.

ShopOut” collects several types of information from and about users of our Services, including:

• Your Personal Information("PI") - Personal Information is the information that can be associated with a specific person and could be used to identify that specific person whether from that data, or from the data and other information that we have, or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.

• Information about your internet connection, the equipment you use to access our Services and your usage details.

 

We collect this information:

• directly from you when you provide it to us; and/or

• automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies).

 

Information You Provide to Us

The information we collect on or through our Services may include:

• Your account information: Your full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and website. Your profile picture that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.

• Your preferences: Your preferences and settings such as time zone and language.

• Your content: Information you provide through our Services, including your ordering details and history and other information in your account profile.

• Your searches and other activities: The search terms you have looked up and results you selected.

• Your browsing information: How long you used our Services and which features you used; the ads you clicked on.

• Your communications: Communications between you and other users or merchants through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.

• Your transactional information: If you make purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors. When you submit credit or payment card information, we encrypt the information using industry standard technologies, as further described below under "Payment Card Information." If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses.

How we use the information we collect

• We use the information we collect from and about you for a variety of purposes, including to:

• Process and respond to your queries

• Understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers.

• Administer our Services and diagnose technical problems.

• Send you communications that you have requested or that may be of interest to you by way of emails, or courier, or registered post, or telephone calls, or any other mode of communication..

• Generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.

• Provide you with customer support.

• Provide you with policies about your account.

• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• Notify you about changes to our Services.

• Allow you to participate in interactive features offered through our Services.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent.

We may also use your information to contact you about our own and third-party goods and services that may be of interest to you.

How we share the information we collect

We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following ways:

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General Information Disclosures

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• Service Providers. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails, messages or tele-call to inform you about our products that may be of interest to you, push notifications to your mobile device on our behalf, help us analyze use of our Services, and process and collect payments. Some of our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us. We may share information about you with these vendors only to enable them to perform their services.

• Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.

• Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.

• To enforce or apply our Terms & Conditions and other agreements, including for billing and collection purposes.

 

Information Shared with Brands/Resellers

Information you choose to share with a Brand/Reseller when you make a Purchase and/or pay through our Services may be used by the Brand/Reseller for its own purposes. We do not control the privacy practices of Brand/Resellers. Please contact the Brand/Reseller directly if you want to learn about its privacy practices.

 

Payment Card Information

To use certain of our Services, such as to make purchases at certain Brand/Reseller and to make payments, we may require credit or debit card account information. By submitting your credit or debit card account information through our Services, you expressly consent to the sharing of your information with Brands/Resellers, third-party payment processors, and other third-party service providers (including but not limited to vendors who provide fraud detection services to us and other third parties).

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User Generated Content

All the information provided by the user during/after the registration process, communication while participating in product events or personal appointments, marketing engagement through social media etc will be treated as user generated content.

We expect that all users who have agreed to the terms and policies at the time of registration of ShopOut services agree to comply with the policy & terms laid out in this document. ShopOut reserves the right to update its policies and inform the user about the same. Compliance to policies & terms is must for continued usage of ShopOut’s services

Below are some examples but not limited to these of content violations that might happen

• Content that violates third-party intellectual property rights

• Content that is offensive, obscene or discriminatory

• Content that could cause harm (including damaging computers)

• Content that enables or encourages people to break the law

• Repeatedly reposting the same content

• Reposting content that has already been removed

• Content that includes somebody's personal details or private information, particularly that of third parties

• Content that contains advertising or promotional material

• Posting material under a new account after being suspended or banned from using the site

 

ShopOut makes available following methods for Users to report for any kind of violation or objection to be reported

• Email – support@shopout.live users can email their concerns

• Each event has an option to click on the “report” symbol, it allows them to undertake in app reporting of any objectionable behaviour or content by other users

• Further each event is moderated by ShopOut for deviation from policies and immediate actions to the extent of removal of user from the platform are taken after due warning and procedure.

 

Security: How we protect your information

We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The third party service providers with respect to payment gateway and payment processing are all validated as compliant with the payment card industry standard (generally referred to as PCI compliant service providers).

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your ShopOut account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.

 

Contact Us

If you have any queries relating to the processing/ usage of information provided by you or ShopOut’s Privacy Policy, you may email at support@shopout.live