This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Spotap.

 

The application Spotap (hereinafter referred to as “Application”) is owned by Impulse Advertising Pvt. Ltd. a company incorporated under the Companies Act, 1956 with its registered office at 5, Sharadkunj,Near Gadkari Rangayatan, Above HDFC Bank, Dr. Moose Rd, Thane (W) – 400602, hereinafter referred to as “ Impulse “.

 

Your use of the Application and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Application including the necessary policies which are incorporated herein by way of reference. If You transact on the Application, You shall be subject to the policies that are applicable to the Application for such transaction. By mere use of the Application, You shall be contracting with Impulse and these terms and conditions including the policies constitute Your binding obligations, with Impulse.

 

For the purpose of these Terms of Use, wherever the context so requires “You”, “User” or “Buyer” shall mean any natural or legal person who has agreed to browse and fetch coupons on the Application. The term “We”, “Us”, “Our” shall mean Impulse. The term “Vendor” shall mean any natural or legal person who has endorsed coupons on the Application and is bound to provide the services promised under the said coupons.

When You use any of the services provided by Us through the Application, including but not limited to, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.

 

ACCESSING, BROWSING OR OTHERWISE USING THE APPLICATION INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our Policies (including but not limited to Our Privacy Policy) as amended from time to time.

MEMBERSHIP ELIGIBILITY:

Use of the Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Application. If you are a minor i.e. under the age of 18 years, you shall not register/transact on or use the Application. As a minor if you wish to use or transact on the Application, such use or transaction may be made by your legal guardian or parents on the Application. We reserve the right to terminate your membership and / or refuse to provide you with access to the Application if it is brought to Our notice or if it is discovered that you are under the age of 18 years.

 

THIRD PARTY INFORMATION:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), includes our content and third party user generated content and We have no control over such third party user generated content as We are also an intermediary for the purposes of this Terms of Use. We are in no way responsible for the authenticity of the content and shall not be held liable in any manner for any falsification of information posted on the Application.

 

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Application or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

 

The content that you post in the form of reviews, suggestions and feedbacks will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.

 

LIMITATION OF LIABILITY AND INDEMNITIES:

You release and indemnify Impulse and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Application and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Impulse cannot take responsibility or control the information provided by other Users which is made available on the Application. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Application.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE APPLICATION, SERVICES OR MATERIALS.

The Application is a platform that Users utilize to meet and interact with the Vendors, endorsing the coupons available on the Application, through the transaction of browsing and fetching coupons. We are not a party to such interaction and take no liability that arises from any such communication. Nothing on the Application constitutes, or is meant to constitute, advice of any kind and is provided solely for information purposes.

As the buyer, you are expected to check the creditworthiness of the Vendor and the genuineness of the Coupons/services offered by them. We are not liable for the same.

As the contract is limited to the Vendor and the buyer and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of coupon due to low stocks, defected goods, and defective nature of goods or incapacity of the Vendor to provide the assured service under the coupon.

As we hold no possession, nor title of the products/ services provided under the coupon at any time, or enter/determine the communication between the buyer and the Vendor or determine its outcome, the contract is purely a bipartite contract between the buyer and the Vendor and We are not responsible for claims arising from such a contract.

 

 

 

 

CHARGES:

Membership/Usage on the Application is free for Users. Impulse reserves the right to change its Fee Policy from time to time. In particular, Impulse may at its sole discretion introduce new services and modify some or all of the existing services offered on the Application. In such an event Impulse reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted under the Terms of Use on the Application and such changes shall automatically become effective immediately after they are posted on the Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Impulse.

 

APPLICABLE LAW:

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.