These terms and conditions govern the relationship executed between Sloshout (including its parent organisation, agents & any other authorised representatives) and the end user of the services offered by the Sloshout application.
DEFINITIONS OF TERMS
The following terms mean the definitions annexed to them herein but shall not mean the same if the context in which they are used is repugnant to the same:
Sloshout: It shall include the application “Sloshout” offered on the Android Play store and the Apple App store, its parent organisation (Shout services) including its partners, its authorised representatives and its agents.
Site: Shall include sloshout.com only.
Services: It includes all kinds of services offered by/through the Sloshout application to the user.
User: It includes the class of people above 18 years of age, who makes use of the services offered through the Sloshout application.
Vendee: It shall mean and include, but shall not be restricted to, restaurants, cafés, clubs, food outlets, street vendors and hospitality providers.
The following are the terms and conditions governed under this covenant
- These terms & conditions constitute a legally binding agreement between the user and sloshout regarding their use of the web site “www.sloshout.com” and the mobile application Sloshout offered by Shout services including but not limited to delivery of content via the Site, application, any mobile or internet connected device or otherwise ("the Services"). By accessing the Site or Service and/or by clicking "I agree", the user agrees to be bound by these Terms.
- The user hereby represents and warrants to Sloshout that he/she is at least eighteen (18) years of age or above and is capable of entering, performing and adhering to these Terms and that the user agrees to be bound by these terms and conditions.
- Sloshout reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.
- Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site and mobile apps (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Sloshout, its parent, affiliates and associates and are protected under applicable Indian laws. The user agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of Sloshout; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
- Sloshout grants the user permission to only access and make personal use of the Site and the application, the user agrees not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on Sloshout's Site / Application / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Application / Service either directly or indirectly, except with the express consent of Sloshout. However, the user may print or download extracts from these pages for his personal / individual, non-commercial use only. The user must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use. Sloshout forbids the user from any attempts to resell or put to commercial use any part of the Site/ application; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site/application or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Application / Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site/ Application, or any data gathering or extraction tools; or any use of meta tags. The user shall not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the site/ application. No part of the Site/ application may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
- Sloshout requires the use of such information including, but not limited to, the user’s email, password and or other information that was used while Signing Up with the sloshout application. Sloshout offers Sign Up process with our own sign up system and other platforms such as Facebook. Sloshout uses Facebook Connect platform as a medium for signing up only. The user data collected by Sloshout shall only be through the above mediums which will be be provided by the intended user through their Facebook profile, subject to the user’s privacy and application settings:
The user grants Sloshout a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the user posts on or in connection with Facebook (IP License).
- Sloshout is about recommending the user restaurants / places around the user and his city and in order to do that we would need to know the users location. Whenever the user opens and interacts with Sloshout application, Sloshout uses the location information from the user’s mobile device or browser (latitude and longitude) to customize the experience around the user’s location (i.e., showing the user recommended places to eat, drink & club). The user’s location information is NEVER shared with others. Sloshout mobile application also allows the user to select a locality of the user’s choice or let the app determine the user’s current location by tapping on the user’s location name on Location Change screen. It allows Sloshout to tell the user where the recommendations are based on the location that is determined by the device or the user’s selection.
- The user represents that he is a responsible adult (18 years or above) and/or otherwise capable of entering into and performing legal agreements, and that the user agrees to be bound by these terms and conditions. While individuals under the age of 18 may utilize the Service, they may do so only with the involvement of a parent or legal guardian, under such person´s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case the user must satisfy his age in order to become a member / utilize the Site or Service.
- The user implies that he shall not indulge in any unlawful/illegal activities in pursuance/ utilization of the services offered by Sloshout and its affiliates. Any illegal activity done in pursuance/ utilisation of the Sloshout services shall not hold Sloshout liable and the user in such case shall indemnify Sloshout with respect to all liabilities arising in connection with the particular transaction/act.
- The user shall be particular about not indulging in the consumption of alcohol if he is below 25 years of age and shall not be privy to any unlawful act which facilitates the consumption/ providing of liquor to any persons below 25 years of age in pursuance/ utilisation of Sloshout services. Any unlawful activity regarding the same shall not hold Sloshout or any of its affiliates liable.
The user is prohibited from undertaking the following activities/acts:
- Belongs to another person and to which the user does not have any right to;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- Impersonate another person
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Any transactions relating to booking of table or reservations of goods or services offered by Sloshout are to be settled inter-se between the parties to such transaction i.e. the user and, including but not limited to the restaurant, café, club, food outlets, street vendors and hospitality providers advertised through the site/application and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Sloshout. Sloshout shall not be liable for any loss that the user may incur, while/after making of the reservation(s).
- Under no circumstances shall Sloshout be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. The user specifically agrees that Sloshout is not responsible for any content sent using and/or included in Sloshout’s site/mobile/service by any third party.
- Sloshout shall not be held liable for the deficiency of any service which the user expects out of the vendee and shall not liable for any information provided in the site/ application which it believes to be true and the expectation of the user is not met with the same.
- Sloshout shall not be liable to the user for the failure to provide service by the vendee to the user.
- Any criminal activity undertaken by the user and/or the vendee in pursuance/utilization of the site/application on/in the premises of the vendee shall not hold Sloshout liable for conspiracy/connivance/collusion/abetment of the same.
- None of the provisions of these User terms and conditions shall be deemed to constitute a partnership or agency between the user and Sloshout and the user shall have no authority to bind Sloshout in any manner, whatsoever.
- Sloshout reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Sloshout. Further, Sloshout can disclose the users name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as Sloshout in its sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
- Any dispute/grievance relating to the use of services of Sloshout need to be bought to the notice of the Sloshout team through the medium of electronic mail at firstname.lastname@example.org.
- These terms and conditions shall be governed by the appropriate judicial/ administrative authorities. The Judicial/administrative authorities located within the territorial jurisdiction of Delhi. Reliance shall be placed upon mediation/arbitration as modes of settlement of disputes.
- The user and Sloshout agree that any cause of action arising out of or related to the Sloshout’s websites or mobile apps, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
- If the user does not agree or is not comfortable with any policy described in these terms and conditions, the user’s only remedy is to discontinue use of Sloshout sites or mobile app. Sloshout reserves the right, to modify this Privacy Statement at any time without prior notice.