These Terms of Service (this ‘Agreement’), constitute a legal agreement between Freeskout (LASH Technologies Private Limited) and you. This Agreement governs your use of the Software and Service (as defined below). By visiting the Platform,’ you agree to all Terms and Conditions of this Agreement. If you are entering into this Agreement on behalf of a company or other organization, you hereby warrant and represent that you are authorized to enter into this Agreement on behalf of such company or other organization. If you do not agree to these Terms, you must immediately discontinue usage of the Platform.
Last Updated: 22nd January 2020
The above language is intended for illustration purposes and should not be interpreted to restrict the scope of destinations that Freeskout deems monetizable (e.g. Merchants) nor the forms of monetizing (e.g. Commissions for sales by Customers).
Subject to the terms and conditions of this Agreement, Freeskout grants you a non-exclusive, non-transferable, non-sub-licensable license to use the Software and Service on the Website during the term of this Agreement. You will not and will not permit any third party to (i) reverse engineer, decompile or otherwise attempt to discover the source code of the Software, (ii) interfere with the operation of the Software or Service; or (iii) use the Software or Service in any way other than as expressly set forth herein. Freeskout retains all right, title and interest in and to the Software and Service, all improvements and derivative works thereof, together with all Intellectual Property Rights embodied therein. You will have no rights with respect to the foregoing except for the limited license expressly set forth herein.
You will be solely responsible for all matters related to the content, operation and maintenance of the App, including, but not limited to: (i) creating and posting Merchant descriptions and links on the App and linking to Merchant websites/App; (ii) the accuracy and appropriateness of all materials posted on the Website/App (including, but not limited to, all information regarding Merchants and Merchants’ products and/or services); (iii) ensuring that all materials posted on the Website/App do not infringe or misappropriate any third party intellectual property rights; and (iv) ensuring that all materials posted on the Website are not defamatory or otherwise illegal. You represent, warrant and covenant that you shall comply with applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws, as well as any applicable Merchant terms and conditions and policies, in each case to the extent applicable to your operation of the Website and use of the Service and Software, including, without limitation, those regarding the disclosure of a material relationship inherent in the links on the Website.
You may be able to register an account and subsequently access Freeskout through the login credentials of your account on social/professional media platforms available on the internet (“Networking Platforms”). If you access Freeskout through a Networking Platform you allow us to access, store and make available (if applicable) any information, text, message, tag, and/or other materials that you have put up and made accessible in your Networking Platforms account. Your personally identifiable information may get displayed in your Freeskout profile, that you have put up on the Networking Platforms, subject to the privacy settings are set by you on your Networking Platforms account. Please note: your relationship with a Networking Platforms is governed solely by your agreement with the Networking Platforms alone and we repudiate any liability for personally identifiable information that may be provided to us by a Networking Platforms in violation of the privacy settings that you have set with that Networking Platforms account.
Company collects information / data including, without limitation, e-mail id, address, first name, last name, telephone/mobile number, date of birth, age, gender, ethnic/cultural background, appearance, occupation, preferences, life style information, general geographical location (“User Data”) from Users in order to enable them to create their profiles on the Platform. Apart from this, certain other health related information, including physical and mental disabilities are also collected. The User Data so collected is entered in a program especially devised for matching profiles and to provide matches for Users based on their pre-selected partner preferences criteria. User Data is displayed only after taking prior consent of Users. Company does not collect financial information of Users such as credit card/debit card numbers/bank accounts numbers etc. Company shall not be able to provide access to the Platform and/or create profiles of Users if the requisite User Data is not provided by the Users. User hereby consents to usage of his/her User Data to be displayed to other Users on the Platform.
Company has no obligation to monitor the activities of its Users. However, Company has the right to monitor the Platform electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Platform properly, or to protect itself or its Users. Company also reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or violative of provision of law.
Messages/notifications are sent to Users to inform them of various alerts related to usage of the Platform, over e-mail and Telephonic communication.
You acknowledge and agree that (i) Freeskout uses its sole discretion in determining which Merchants the Website/App will be affiliated with, as well as the number of Merchants (if any) the Website/App will be affiliated with; (ii) Freeskout may (through the Software and with your permission) re-write links on the Website/App from one Merchant to another in order to obtain the best value for you; (iii) Merchants set their Commission structures and may change their Commission structures (generally or solely with respect to you) or terminate their involvement in the Service (generally or solely with respect to you) at any time and Freeskout will have no control over or liability in connection with any Merchant’s decision to do so; and (iv) Merchants may at any time send Freeskout notice requesting that you remove links or references to Merchants’ brands, products, services or trademarks and Freeskout will communicate this notice to you.
By using our Software and/or Service, you agree that you will not run any paid advertising, paid clicks (CPC) or click spam on a Cost Per Click (CPC) campaign from any of our merchants.
If we find out or think you are using the Service and/or Software in such a way, we reserve the right to terminate your account and/or withhold commissions that were made due to such clicks.
You will indemnify, defend and hold harmless Freeskout and its officers, directors, shareholders, employees and agents and sub-contractors from and against any and all liabilities, losses, damages and expenses (including reasonable attorneys’ fees and disbursements) resulting from or based upon (i) any claim that the Website infringes or misappropriates any third party intellectual property rights; (ii) your breach of any representations or warranties made by you in this Agreement or of any other obligation of yours set forth in this Agreement, or (iii) any claim by any Customer or other third party arising from your use of the Service or Software, unless due to Freeskout’s negligence or willful misconduct. Freeskout will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in these terms of service; (c) your use of any Content, whether or not such use is authorized by or violates these terms of service, or applicable law; (d) your violation of any term or condition of these Terms of Service; or (e) your or your employees’ negligence or willful misconduct.
Users of the Platform are prohibited from uploading, posting, transmitting, updating or sharing any information that:
Company may, without notice in its sole discretion, and at any time, terminate or restrict a User’s usage or access to the Platform (or any part thereof) and/or take down any content uploaded by a User for any reason, including, without limitation, that Company based on its judgement and perception believes the a User has violated or acted inconsistently with the letter or spirit of these Terms.
The User is solely and exclusively responsible for maintaining confidentiality of the User password and User identification and all activities and transmission performed by the User through his/her user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Company assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / offline. Company uses reasonable care as is necessary to ensure that all or any data / information does not fall in the wrong hands.
THE SOFTWARE AND THE SERVICE ARE PROVIDED ON AN ‘AS IS.’ ‘AS AVAILABLE’ BASIS. FREESKOUT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SOFTWARE, THE SERVICE, THE MERCHANTS ACCESSIBLE THROUGH THE SERVICE, THE OPERATION OF THE SOFTWARE OR THE SERVICE BEING UNINTERRUPTED OR ERROR-FREE, OR OTHERWISE WITH RESPECT TO THIS AGREEMENT. FREESKOUT EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT THAT FREESKOUT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY SUCH WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED BY APPLICABLE LAW.
IN NO EVENT WILL FREESKOUT BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, ANY CUSTOMER) FOR ANY LOST PROFITS OR LOST REVENUE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE SERVICE OR OTHERWISE WITH RESPECT TO THIS AGREEMENT. IN NO EVENT WILL FREESKOUT’S LIABILITY FOR DAMAGES OR ALLEGED DAMAGES UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EXCEED THE COMMISSIONS PAID TO YOU BY FREESKOUT UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.
This Agreement will commence upon its execution and will continue until terminated by either you or FREESKOUT upon at least five (5) business days prior written notice to the other party. In the event of termination of this Agreement for any reason other than your breach of this Agreement, FREESKOUT will pay outstanding Commissions due to you in accordance with the terms of this Agreement. Upon termination of this Agreement for any reason, you will immediately cease use of, and promptly remove from the Website, all instances of the Software and the Service and promptly return to Freeskout, or at Freeskout’s request destroy, any and all copies of the Software, Service or other information relating to the intellectual property of Freeskout in your possession. Sections 1, 4, 7, 8, 9, 10, 11 and 12 will survive termination of this Agreement for any reason.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion will be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect. The paragraph headings herein are provided only for reference and will have no effect on the construction or interpretation of this Agreement. No waiver will be effective unless in writing.
The usage of this Application and any disputes/issues arising out of it shall be subject to the applicable laws in force for the time being in the NCT of Delhi irrespective of conflicting provisions of law and to the exclusive jurisdiction of courts located in New Delhi.
Any dispute relating in any way to the Freeskout Program or Terms of Service will be resolved primarily by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Operating Agreement as a court would. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Company also reserves the right to investigate and take appropriate legal action without limitation at its sole discretion against any User who violates / misuses the online services and terminating the profile/access to the Platform of such violators without prior intimation who utilize the Platform in any manner which brings into disrepute or impairs the interests and functioning of Platform or the Company.
Freeskout reserves the right to update or modify this Agreement at any time and from time to time. When Freeskout makes changes to this Agreement, the ‘last updated’ date at the top of this Agreement will be revised. If there are material changes to this Agreement, we will notify you of any such modifications by posting a message on the Freeskout website. You should periodically review this Agreement. Your continued use of the Software and Service after any changes or revisions to this Agreement will indicate your agreement with the terms of this Agreement. You may not assign this Agreement without the prior written consent of Freeskout. This Agreement contains the entire agreement of the parties concerning the subject matter hereof and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.