Terms & Conditions

(YOU OR END USER OR YOUR OR BUYER OR CUSTOMER OR MEMBER) ARE REQUIRED TO READ AND ACCEPT ALL OF THE TERMS AND CONDITIONS LAID DOWN IN THIS TERMS AND CONDITIONS (TERMS AND CONDITIONS OR T&C OR TERMS OR AGREEMENT) CAREFULLY BEFORE USING THE SERVICES OFFERED BY PHONETHICS MOBILE MEDIA (P) LTD. (PHONETHICS or COMPANY), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE DIGITAL MEDIA NETWORK OF PHONETHICS INCLUDING BUT NOT LIMITED TO SMS, USSD, WEBSITE, APPLICATIONS (SUCH AS SHOPLOCAL) AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY PHONETHICS (COLLECTIVELY WITH SHOPLOCAL, THE SERVICE).

The Service enables you to check in, earn points, browse, select and download coupons for offers (Offers) pertaining to different products and services through digital media network.

This T&C is effective upon acceptance and governs the relationship between you and the Company including the Offer pertaining to any products and/or services of the respective merchants (Productsand/or Services). If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Services. If you do not agree to be bound by this T&C, you may not avail the Service in any way.

The Company provides the Services to you subject to the T&C.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE T&C, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE APPLICATION (or any future application operated by the COMPANY, YOU ACCEPT THESE T&C. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH THE COMPANY OR THIRD PARTY VENDORS, WHETHER OR NOT INCLUDED IN THE APPLICATION, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR MERCHANT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.

If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Service. As a condition of usage, the Service requires your permission to send you administrative and promotional communication. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional communication anytime by unsubscribing from the Service. We shall have no responsibility in any manner whatsoever regarding any promotional SMS/MMS/USSD/email/notification sent to you. The offers made in these promotions shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.

By availing the Offer, you intend to procure Products and/or Services you have selected based on standard restrictions pertaining to the use of Shoplocal, Merchant (defined below) specific restrictions, and on the terms and conditions stated below.

You are required to register in order to avail Offer through Services. This is required so we can provide you with easy access to your Coupons.

The Company takes no responsibility for the Products and/or Services that are sold or supplied by third party vendors/merchants. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product and/or service that is supplied by a merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the Service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those Services.

The Company reserves the right to make any changes to the T&C as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you read our T&C from time to time in order that you stay informed as to any such changes. If we make changes to our T&C you continue to use our Services, you are implicitly agreeing to the revised T&C expressed herein.

1. Acceptance of Terms

By registering for and/or using the Service in any manner, you agree to all of the Terms and Conditions contained herein, and all other operating rules, policies and procedures that may be published from time to time on Shoplocal, each of which is incorporated by reference and each of which may be updated by Phonethics/Shoplocal from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through Shoplocal may be subject to additional terms and conditions specified by Phonethics from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on Shoplocal, individual users of the Service and venues that access the Service.

2. Marketing Agent

Phonethics provides Services through Shoplocal, consisting of information services, content and transaction capabilities provided by Phonethics, affiliates of PHONETHICS and other third parties including third party merchants (Merchants).

PHONETHICS is engaged in marketing and promotion of Offers pertaining to various Products and/or Services of the Vendors through Shoplocal to End Users. PHONETHICS is not involved in the sale and purchase of the Products and/or Services listed on Shoplocal. PHONETHICS is only a facilitator or an intermediary acting on behalf of the Merchants for providing Offers to the End Users through Shoplocal.

PHONETHICS works with the Merchants in order to display various information (including any technical information) and content on Shoplocal and Shoplocal/PHONETHICS shall have no liability in the event of any loss suffered by the End User arising out of the information and/or content provided by the Merchant.

The Merchant, not PHONETHICS/Shoplocal, is the seller of the Products and/or Services. Shoplocal merely offers a mobile based platform to enable the Merchants to offer their Products and/or Services to the End Users and to the End Users an opportunity to avail the Offers. The Products and/or Services offered through Shoplocal are the property of the respective Merchants offering them.

All commercial/contractual terms are offered by the Merchants directly. The commercial/ contractual terms include without limitation, warranties related to Products and/or Services including after sales services over which the Merchant has compete control. No warranty or guarantees in respect of the Products and/or Services are provided by Shoplocal.

3. Access

Subject to these Terms of Use, PHONETHICS may offer to provide the Services, as described more fully on Shoplocal, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services PHONETHICS performs for you, any applications or widgets offered by PHONETHICS that you download from Shoplocal or, subject to the terms set out under the “Third party sites and services” section below, from any third party application stores authorized by PHONETHICS, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

4. Registration and Eligibility

As a condition to using the Service, you are required to register with Shoplocal to become a registered member (Member). By becoming a Member, you represent, warrant and covenant that you provide PHONETHICS/Shoplocal with accurate, truthful, and complete registration information (including, but not limited to your mobile number and name you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Shoplocal account.

You shall not:

a) provide any false personal information to Shoplocal (including a false User Name) or create any account for anyone other than yourself without such person’s permission;

b) use a User Name that is the name of another person with the intent to impersonate that person;

c) use a User Name or Shoplocal account that is subject to any rights of a person other than you without appropriate authorization; or

d) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Shoplocal reserves the right to refuse registration of, or cancel membership in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining your confidentiality and access. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Shoplocal at help@Shoplocal.co.in in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not recommended to individuals who are younger than eighteen (18) years old. PHONETHICS may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access Shoplocal or Services in any way.

You agree to notify Shoplocal immediately if you suspect any unauthorized use of your account or access to your account. You are solely responsible for any and all use of your account.

5. Location

You are required to share information pertaining to their location/place or site (Location) as Shoplocal functions principally on the basis of the information pertaining to the Location of the End User. By using the Service you are authorizing Shoplocal to save details of your location and send you communication pertinent to your location from time to time. You can disable some features of your location by accessing Settings from the Shoplocal mobile application.

6. Content and Privacy Policy

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. PHONETHICS/Shoplocal cannot guarantee the authenticity of any Content or data which users may provide about them. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any Location information, check-ins, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by PHONETHICS on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, User Submissions. You hereby agree to share Content/User Submissions with Shoplocal.

7. PHONETHICS Content

The Service contains Content specifically provided by PHONETHICS or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, PHONETHICS grants each user of Shoplocal and/or Service a non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from PHONETHICS, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

8. User Submissions and Privacy Policy

We may use your User Submissions in a number of different ways in connection with Shoplocal, Service and PHONETHICS’s business as PHONETHICS may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on Shoplocal or otherwise through the Service, you hereby do and shall grant PHONETHICS/Shoplocal a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with Shoplocal, the Service and PHONETHICS’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of Shoplocal (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of Shoplocal and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through Shoplocal and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of Shoplocal, Service and Third Party Media. For clarity, the foregoing license grant to PHONETHICS does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with PHONETHICS.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through Shoplocal is the sole responsibility of the person from which such Content originated; that PHONETHICS will not be liable for any errors or omissions in any Content; and that PHONETHICS cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

9. Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to either (a) take any action, or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.

b) you know is false, misleading, untruthful or inaccurate.

c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by PHONETHICS in its sole discretion.

d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

e) other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without PHONETHICS’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

f) contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of PHONETHICS or any third party.

g) impersonates any person or entity, including any employee or representative of PHONETHICS

h) includes anyone’s identification documents or sensitive financial information; or

i) breaches any of the policies andrules incorporated herein.

10. Telecom Regulatory Authority of India (“TRAI”) Regulation

Shoplocal may send SMS to the Customer(s) during the following events and the Customer agrees to the same:

a) Welcome messages upon therespective Customer joining Shoplocal.

b) In the event the Customer(s) seek information regarding the tips, recommendations and appropriate information pertaining to the Products and/or Services offered from various Merchants.

c) in the event of the Customer(s) or Merchant(s) requesting for a password retrieval.

It is hereby clarified that the apart from the manner as mentioned hereinabove, PHONETHICS/Shoplocal may communicate with the End User in accordance with applicable law/TRAI guidelines.

11. Third Party Sites and Services

The Service may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to Shoplocal. When you access third party websites, you do so at your own risk. These other websites are not under PHONETHICS’s control, and you acknowledge that PHONETHICS is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by PHONETHICS or any association with its operators. You further acknowledge and agree that PHONETHICS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, Products and/or Services available on or through any such website or resource.

12. Loyalty Rewards

Pursuant to the use of Shoplocal, certain loyalty reward points (Points) may be offered to you by PHONETHICS and such Points shall be accumulated in your Shoplocal account. The accumulated Points can be redeemed against products and/or services (Loyalty Rewards) offered by PHONETHICS. It is hereby clarified that the Loyalty Rewards shall be provided by PHONETHICS in association with respective merchants/supplier of the product(s) and/or the provider of the relevant services and shall be subject to their terms and conditions. To the fullest extent permissible by law, PHONETHICS disclaims all possible warranties over all benefits forming part of the Loyalty Rewards and PHONETHICS makes no guarantees, nor shall PHONETHICS be responsible, for the quality, compliance or legality of any of the benefits forming part of Loyalty Rewards. PHONETHICS shall not be liable for any kind of damages, injury or loss of any nature whatsoever resulting from any of the benefits forming part of Loyalty Rewards. In no event shall the Points be subject to redemption against cash and/or liable for transfer/exchange/reimbursement. The Points shall not be changed and/or modified after being credited into your Shoplocal account. PHONETHICS may change, delete, deduct or in anyway alter Point at its sole discretion.

13. Copyright and Trademarks

PHONETHICS and Shoplocal is a trademark of PHONETHICS Mobile Media Private Limited. Everything located on Shoplocal and/or the Services, is either the exclusive property of PHONETHICS, or property of their respective owners, who may or may not be affiliated with, connected to or sponsored by PHONETHICS. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE APPLICATION OR ANY OF THE MOBILE APP RELATED THERETO WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

Shoplocal contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Shoplocal protected by copyright as a collective work under the applicable copyright laws. PHONETHICS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of PHONETHICS and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on Shoplocal otherwise owned or operated in conjunction with PHONETHICS shall not be deemed to be in the public domain but rather the exclusive property of PHONETHICS, unless such application is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Shoplocal, unless otherwise stated.

End User shall not upload post or otherwise make available on Shoplocal any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. PHONETHICS does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of Shoplocal, End User warrants that the owner of such material has expressly granted PHONETHICS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants PHONETHICS the right to edit, copy, publish and distribute any material made available on Shoplocal by End User. The foregoing provisions of this section apply equally to and are for the benefit of PHONETHICS, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. In the event any transaction or attempted transaction relating to any item, Products and/or Services, which is violation of this Terms of Use or applicable law comes to your knowledge, you shall take steps to inform PHONETHICS of the same.

14. Disclaimer of Warranty; Limitation of Liability

END USER EXPRESSLY AGREES THAT USE OF THE APPLICATION IS AT END USER'S SOLE RISK. NEITHER PHONETHICS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR (II) THE ACCURACY, RELIABILITY, QUALITY, USABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH OR MARKETED THROUGH THE APPLICATION. THE APPLICATIONS ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER/MOBILE VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT PHONETHICS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL PHONETHICS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE APPLICATION OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APPLICATION. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PHONETHICS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

PHONETHICS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE SERVICE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY PHONETHICS. MOREOVER, PHONETHICS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT PHONETHICS DEEMS UNSUITABLE. PHONETHICS AND END USER AGREE THAT PHONETHICS WILL NOT BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR DATA OR SOFTWARE WHICH IS LOST, CORRUPTED, DELETED OR ALTERED. ANY SERVICE RESPONSE TIMES STATED BY PHONETHICS ARE APPROXIMATE ONLY. PHONETHICS SHALL NOT BE LIABLE TO THE END USER FOR A) ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, B) LOSS OF OPPORTUNITY, C) LOSS OF REVENUE, D) LOSS OF PROFIT OR ANTICIPATED PROFIT, E) LOSS OF BUSINESS F) LOSS OF CONTRACTS, G) LOSS OF GOODWILL, H) LOSS ARISING OUT OF BUSINESS INTERRUPTION, I) LOSS ARISING OUT OF OR IN CONNECTION WITH POLLUTION OR CONTAMINATION ALL ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR PERFORMANCE OF PRODUCTS AND/OR SERVICES, EVEN IF PHONETHICS HAS BEEN ADVISED OF THEIR POSSIBILITY.

PHONETHICS TAKES NO RESPONSIBILITY FOR THE OFFERS MADE AVAILABLE THROUGH SHOPLOCAL.

PHONETHICS MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, SAFETY, USABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OF THE OFFERS MADE AVAILABLE THROUGH Shoplocal. SOME OFFERS WHICH MAY BE MADE AVAILABLE THROUGH Shoplocal ARE ACTIVITIES THAT INVOLVE POTENTIAL BODILY HARM (SUCH AS ROCK CLIMBING, ETC), AND FOR THOSE ACTIVITIES, PHONETHICS TAKES NO RESPONSIBILITY AND DOES NOT WARRANTY OR GUARANTEE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, SAFETY, USABILITY, OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OF SUCH SERVICE OR ACTIVITY BEING OFFERED, AND THE END USER TAKES RESPONSIBILITY FOR HIS OR HER OWN ACTIONS IN UTILIZING THE SERVICES. PHONETHICS SHALL NOT BE RESPONSIBLE FOR ANY LOSS/ SICKNESS/ ACCIDENT/ MISHAP/ DEATH ETC RESULTING FROM THE USE OF PRODUCTS AND/OR SERVICES AVAILABLE THROUGH ANY OFFER ON THE APPLICATION.

ANY TYPOGRAPHICAL, CLERICAL OR OTHER ERROR OR OMISSION IN SALES LITERATURE, QUOTATION, PRICE LIST, ACCEPTANCE OF OFFER, INVOICE OR OTHER DOCUMENTS OR INFORMATION ISSUED BY PHONETHICS SHALL BE SUBJECT TO CORRECTION WITHOUT ANY LIABILITY ON THE PART OF PHONETHICS. SOME MANUFACTURERS' WARRANTIES MAY BECOME VOID IF PHONETHICS OR ANYONE ELSE, OTHER THAN THE MANUFACTURER OR ITS AUTHORIZED REPRESENTATIVE, WORKS ON THE HARDWARE OR SOFTWARE. PHONETHICS DOES NOT TAKE RESPONSIBILITY FOR THIRD PARTY WARRANTIES OR FOR ANY EFFECT THAT Shoplocal SERVICES MAY HAVE ON THOSE WARRANTIES.

15. Monitoring

PHONETHICS shall have the right, but not the obligation, to monitor the content of Shoplocal at all times, including any chat rooms and forums that may hereinafter be included as part of Shoplocal, to determine compliance with this Agreement and any operating rules established by PHONETHICS, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, PHONETHICS shall have the right to remove any material that PHONETHICS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. Indemnification

You shall defend, indemnify, and hold harmless PHONETHICS, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, Shoplocal, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of PHONETHICS). PHONETHICS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PHONETHICS in asserting any available defenses.

17. Termination

PHONETHICS may terminate your access to all or any part of Shoplocal, the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions available on Shoplocal. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitation of liability, indemnity governing law and modification of these terms of use.

18. Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and PHONETHICS agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

PHONETHICS’s headquarters are in Mumbai, Maharashtra. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of, Shoplocal and/or the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using Shoplocal and the Services, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or Shoplocal and/or Services, shall be finally settled by arbitration in Mumbai in accordance with the provision of the Arbitration and Conciliation Act, 1996.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUCTED IN ACCORDANCE WITH THE LAWS OF INDIA WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES AND DISPUTES ARISING IN RELATION HERETO SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF Mumbai.

19. Integration and Severability

This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member. These Terms of Use are the entire agreement between you and PHONETHICS with respect to the Service and use of Shoplocal, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PHONETHICS with respect to Shoplocal and/or the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. The failure of PHONETHICS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect.

20. Non-commercial use by Members

Shoplocal is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by PHONETHICS. Illegal and/or unauthorized use of Shoplocal, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Shoplocal is prohibited.

Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Shoplocal and/or the Service.

21. Illegal Activities

It is agreed by the Users not to use Shoplocal and/or the Service for any kind of illegal activities, like sexual solicitation, financial traps, solicitation of personal info, threatening, obscene or defamatory activities, sexual imagery, stalking, virus, automated scripts which will add friends, write comments onto individual profiles and their content, using others account information, posting copyrighted and pirated material, chain letters, spamming, photos or information of other persons for which you do not have explicit acceptance and etc.

PHONETHICS is committed to its users overall safety and reserves the right to work and cooperate with local authorities to take appropriate action against any user indulging in illegal activities on Shoplocal.

22. Member Disputes

You are solely responsible for your interactions on the Service. PHONETHICS reserves the right, but has no obligation, to monitor disputes between you and other Members.

23. Modification of Terms of Use

PHONETHICS reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on Shoplocal or by sending you notice through the Service or via e-mail. PHONETHICS may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. PHONETHICS may also modify and/or replace any of these Terms of Use, or change, suspend, or discontinue the Service in the event of any unforeseen condition(s) including but not limited to conditions such as change in guidelines/norms of any telecom service provider (applicable to Shoplocal) and pronouncement of and/or amendment in any applicable law, rule, act, regulation, bylaw, or ruling (including any amendment in TRAI (defined below) regulations). It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

24. Miscellaneous

PHONETHICS shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PHONETHICS’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with PHONETHICS’s prior written consent. PHONETHICS may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

25. Language

Where PHONETHICS has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with PHONETHICS.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

26. Contact

You may contact PHONETHICS/Shoplocal at the following address: help@shoplocal.co.in.

I HAVE READ THIS AGREEMENT UNDERSTOOD IT AND AGREE TO BE BOUND BY ALL OF ITS TERMS/PROVISIONS CONTAINED ABOVE.