These Terms of Use (the “Agreement”) is a legal agreement between you and TEAM SHOW MY DEALS AGGREGATOR LLP (“Show My Deals”) respecting your use of the Show My Deals application and services as described herein and on Show My Deals’ website. BY USING THE APPLICATION AND/OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this agreement, please contact us at contact.showmydeals@gmail.com
Show My Deals will provide users with the ability to:
Show My Deals will collect locational data from your computer or supported mobile device to provide Services to you. You may also elect to create a personal account with Show My Deals, in which case further information about you may be collected as set out in our Privacy Policy (https://www.showmydeals.in/privacy). The Services are provided subject to the terms and conditions of this Agreement, the Privacy Policy (https://www.showmydeals.in/privacy) and the fees posted for such Services on Show My Deals’ website (if any), as may be changed from time to time in Show My Deals’ sole discretion.
In order to use the Services, you must:
You specifically agree that Show My Deals may rely on the accuracy of the information provided by you to Show My Deals, and that Show My Deals will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Show My Deals.
Show My Deals reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content, account access, or any promotion offered by Show My Deals. Show My Deals may also impose limits on the Services and/or terminate or restrict your access to parts or all of the Services without notice or liability.
Use of the Services will contain references to third parties, links to third party websites or documents, and incorporates information obtained from third parties, such as Deals and Offers and retail pricing and/or promotional information. ALL SUCH REFERENCES, LINKS AND INFORMATION ARE PROVIDED “AS IS”. As such third party information is not under the control of Show My Deals, Show My Deals is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, timeliness, or legality. Under no circumstance will Show My Deals be liable for any loss or damage caused by your reliance on information, products or services obtained through the Services, contained in any Deals and Offers available through the Services, or contained on a third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website accessed through the Services and/or any other agreements entered into between you and such third party.
You acknowledge and agree that an integral part of the Services entails the collection of information and data respecting your use of the Services to enable Show My Deals to better provide Services to you and to provide aggregate analytic information respecting users using the Services, including the types of products selected by users to be included on lists, to the retailers offering Deals and Offers through the Services. Show My Deals may provide such information and data to third parties, subject to Show My Deals’ Privacy Policy (https://www.showmydeals.in/privacy).
You acknowledge and agree that Show My Deals cannot guarantee data integrity or security, and that it is solely your responsibility to back up any of your information and data (including information and data on lists created by you on the Services) that you create, obtain or use in conjunction with the Services. You acknowledge and agree that Show My Deals will exercise no control over your use of the Services, and that you are solely responsible for complying with the provisions of this Agreement and all applicable laws respecting your use of the Services, including by obtaining all permissions, where applicable, to include data on lists created by you. Notwithstanding the foregoing, Show My Deals reserves the right to review any material stored in files or programs on its servers (including lists), and has the right to edit or remove any material that, in its sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable and/or to report such material to the appropriate authorities. Show My Deals reserves the right to revoke service for any abusive conduct or fraudulent use of the Services and to cease the Services, temporarily or permanently, in the event that your use of the Services or the provision of the Services constitutes, in Show My Deals’ reasonable judgement, a threat to Show My Deals’ or any third party’s computer systems, networks, files, materials or other data.
You agree that:
Without limiting the foregoing, you agree not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.
You agree that any suggestions, bug reports or other communications respecting the functionality of the Services that you transmit to Show My Deals by any means (each, a "Submission"), is considered non-confidential and may be disseminated or used by Show My Deals or any third party without compensation or liability to you for any purpose whatsoever. By providing a Submission to Show My Deals, whether for inclusion on the Services or otherwise, you represent and warrant that you have all necessary permissions to grant the licences herein to Show My Deals.
You hereby grant Show My Deals, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Services, including without limitation, for promoting, improving and developing the Services. This provision does not apply to personal information that is subject to Show My Deals’ Privacy Policy (https://www.showmydeals.in/privacy).
You are solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment, software and services used in conjunction with using the Services (except for Show My Deals’ computer systems and networks), including without limitation your computer(s), mobile device(s) and ISP.
Show My Deals hereby grants you a personal, non-exclusive, revocable, non-transferable licence to use the Software in accordance with the terms of this Agreement, solely for the purposes of using the Services for your own direct benefit.
You shall not:
For the purposes of this provision “copy or reproduce” shall not include copying of statements and instructions of the Software during program execution when used in accordance with and for the purposes described in the user documentation or in the course of making backups of the computer or system on which the Software is installed, in accordance with industry standard business practices.
You hereby represent and warrant that
You agree to pay all applicable fees in connection with the Services selected by you. You authorise Show My Deals to automatically charge you for any and all fees incurred by you for Services. Show My Deals reserves the right to change its price list and to institute new charges at any time upon notice to you, which notice may be provided by means of updates on Show My Deals’ website. Your use of the Services following such changes constitutes your acceptance of any new or increased charges.
Where your credit card or other payment method is rejected for any reason, you will also be responsible for any fees and charges associated with such rejection. The foregoing shall not limit Show My Deals’ ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you shall also be responsible for paying for all reasonable fees and costs incurred by Show My Deals, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
In addition to any other rights and remedies available to Show My Deals, Show My Deals shall be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by law, such interest commencing as of the due date for such payment.
Your personal information will be handled in accordance with Show My Deals’ Privacy Policy (https://www.showmydeals.in/privacy). Notwithstanding the foregoing, Show My Deals reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You acknowledge that the Software is owned by Show My Deals, who retains all right, title, and interest therein, and is protected by Indian and international copyright laws. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trademarks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Software, the Services, or any part thereof. Your only rights to the Software, the Services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Any rights not expressly granted under this Agreement are reserved.
The Software and Services are provided to you "AS IS" without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Show My Deals assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided through the Services or Software.
Under no circumstances will Show My Deals be liable for any loss or damage caused by your reliance on information obtained through use of the Services or the Software. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the Services and Software is solely at your own risk. Show My Deals has no special relationship with or fiduciary duty to you, and you acknowledge that Show My Deals has no control over, and no duty to take any action regarding any acts or omissions taken by you or any advertiser or retailer using the Services, including without limitation:
Show My Deals makes no representations or warranties whatsoever concerning any information obtained through the Services, and Show My Deals will not be responsible or liable for the accuracy, copyright compliance, legality or decency of any material contained in or accessed through the Services. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.
The only type of damages that can be recovered against Show My Deals arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising from Show My Deals’s gross negligence or wilful misconduct. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Software is to uninstall and cease use of such Software.
Except for the limited direct damages specified above, to the maximum extent permitted by law, in no event shall Show My Deals be liable for any damages whatsoever (including, without limitation, indirect, special, incidental, exemplary or consequential or punitive damages) whether or not such damages were foreseen or unforeseen including without limitation the use of or inability to use the software or services, even if Show My Deals has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Show My Deals, its parents, subsidiaries, affiliates, officers, and employees, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of:
Show My Deals reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Show My Deals, at your expense, in asserting any available defences.
You may terminate this Agreement at any time upon notice to Show My Deals. Upon any termination of this Agreement for any reason (whether by you or by Show My Deals), you must cease all use of the Services and Software and destroy and/or permanently delete all copies of the Software in your possession.
Show My Deals reserves the right, in its sole and complete discretion, to revoke your authorization to use the Services at any time with or without cause, for any reason or no reason. Upon termination of your account, your right to use the Services and/or access any materials through the Services will immediately cease. Any fees paid by you are non-refundable. All restrictions contained in this Agreement shall survive the termination of your right to use the Services.
Without limiting other remedies, Show My Deals may limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Services to you if: (a) you breach this Agreement; (b) Show My Deals is unable to verify or authenticate any information you provide; or (c) Show My Deals believes that your actions may cause financial loss or legal liability for you, other users or Show My Deals.
The above-described actions are not Show My Deals’s exclusive remedies and Show My Deals may take any other legal, equitable or technical action it deems appropriate in the circumstances. Show My Deals will not be liable for any damage caused by the termination of this Agreement.
If you have obtained the Software through a third-party application store, such as Google Play Store or App Store (the “Third Party App Store”), you are subject to all terms and conditions imposed by such third parties in relation to your download of the Software and/or use of the Services, as applicable.
Such Third Party App Store may impose additional restrictions or may have additional rights in relation to your use of the Software or Services, such as removal of the Software from your mobile device; it is solely your responsibility to ensure that you are aware of the terms and conditions imposed by the Third Party App Store from which you downloaded the Software and to comply with such terms and conditions.
To the limited extent that this Agreement is less restrictive than the usage rules or terms and conditions for software downloaded from a Third Party App Store or is in direct conflict with the Third Party App Store terms of service or like agreement as they relate to your obligations to the Third Party App Store and Show My Deals, the usage rules of the Third Party App Store shall apply.
Although the Software is being made available to you through Third Party App Stores, you acknowledge that this Agreement is concluded solely between you and Show My Deals, and not with the Third Party App Store. The Third Party App Store shall have no responsibility whatsoever respecting the Services, Software, and the content thereof (including without limitation in relation to the sale, distribution, or use thereof, or the performance or non-performance thereof).
Each Third Party App Store from whom you have downloaded the Software is a third-party beneficiary of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, such Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
You acknowledge that, due to the nature of the Services, information or data uploaded to the Services may be hosted on servers residing in jurisdictions other than India, over which Show My Deals has no direct control. By using the Services, you acknowledge that its information and data may become, during the period that they are hosted on such servers, subject to the laws of the jurisdiction in which those servers reside and/or to the terms of agreements respecting the hosting of data on such servers.
Although Show My Deals has made reasonable efforts to verify that its agreements with such server providers are reasonably protective of your data, you acknowledge that Show My Deals has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. You, therefore, hereby release Show My Deals from all liability for any governmental or third-party action taken in such jurisdictions with respect to such data and/or the servers on which such data resides.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in full force and effect.
It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
If you are residing in a jurisdiction that restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age, and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use Software or Services of this type, you may not enter into this Agreement and you may not download, install or use the Software. By entering into this Agreement, you explicitly state that you have verified in your own jurisdiction if your use of the Software and Services is allowed.
You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by Show My Deals to show your acceptance of this Agreement and/or your agreement to download, install or otherwise access and use the Software), you are entering into a legally binding contract.
You hereby agree to the use of electronic communication to enter into contracts and create other records and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Software.
Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions regarding this Agreement, or if you have any questions, complaints, claims, or other legal concerns relating to Show My Deals or its business, please contact Show My Deals via Email at:
