These Terms of Use (this "Agreement"), which is a legal agreement between you ("You" or "you" or “Your”) and Hashtag Loyalty shall govern your use of and access to the Application (as defined below) and the Website (as defined below). By checking any acceptance boxes, clicking any acceptance buttons, registering through mobile networks with merchants listed on the Website, submitting any text or content or simply by making any use of the Application and/or Website, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to Hashtag Loyalty that (i) You are at least 13 years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agree to the terms set forth herein on your behalf), (ii) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) You have read and understand Hashtag Loyalty's Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy. Hashtag Loyalty may amend this Agreement from time to time, each of which amendments shall be deemed to be effective 2 days after posting the updated Agreement at the Website or within the Application. You should check the Website, the Application and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein.

The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) Hashtag Loyalty will license to You use of certain of Hashtag Loyalty's technology, software and/or services such that You can utilize the Application through your mobile device, and (ii) You can access and/or use the Website (collectively, the "Purpose"). As stipulated elsewhere in this Agreement, Hashtag Loyalty does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.

Hashtag Loyalty hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use Hashtag Loyalty's rewards / loyalty software platform commonly referred to as "Hashtag Loyalty Rewards" (the "Application") as made available through its website located at www.hashtagloyalty.com (the "Website") and/or via mobile application during the Term (as defined below) solely for the Purpose. Hashtag Loyalty may, from time to time, update or modify the Application, release new versions of the Application or create new modules related thereto, each of which may, at Hashtag Loyalty's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.

You acknowledge that Hashtag Loyalty, either on its own account or on behalf of any merchant/third party basis contract, from time to time, may send transactional/promotional messages, SMSs and e-mails to You, for various purposes. You will be entitled to set your communication preferences via the mobile application and Website. You also acknowledge that merchants of Hashtag Loyalty may also send promotional messages/emails to You directly, provided that You are not a part of the ‘Fully Blocked Category’ or ‘Partially Blocked Category’ as defined under the Telecom Commercial Communication Customer Preference Regulations, 2010 (as amended from time to time) and that Hashtag Loyalty is not liable, responsible or answerable for any form of communication, communicated between a merchant of Hashtag Loyalty and You, directly or indirectly. You agree that all claims, queries and complaints arising out of any merchant/third party communication, shall be directly addressed by You to such merchant/third party.

You shall not directly or indirectly copy or reproduce all or any part of the Application or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Application solely for its intended purposes and shall not use the Application for the benefit of any third party except as specifically contemplated under this Agreement. You shall not use the Application to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, "Posted Information"): (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights of others; (c) that is defamatory, obscene or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) that is false, misleading or inaccurate in any way; or (f) in violation of the any acceptable use policy or other policy posted at the Website or within the Application from time to time. You shall not violate or attempt to violate the security of the Application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Application, including, without limitation, any of the software comprising or in any way making up a part of the Application. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend, hold harmless and indemnify Hashtag Loyalty, its subsidiaries, affiliates, vendors, agents and their respective partners, directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of any of Your obligations or representations set forth in this Section 4; or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any third party content/content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.

You shall be solely responsible for: (i) all Posted Information you input into the Application; (ii) ensuring that all Posted Information is appropriate in tone and is accurate; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the Application, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application. You are responsible for maintaining the confidentiality of the username and password of Your account and also for all activities that take place under Your account. You agree to immediately notify Hashtag Loyalty of any unauthorized use of Your password or account or any other breach of security. In no event will Hashtag Loyalty be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of Your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
The Website may allow You to post certain content, data or information of Your own, such as allowing You to rate services, seller, post Your comments and reviews in relation to services on specific pages of the Website, as well as submit any suggestions, comments, questions or other information using the Website (collectively referred to "User Content"). You are solely responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Hashtag Loyalty does not endorse any User Content on the Website and is not responsible or liable for any User Content, and reserves the right to disable access to the User Content on the Website.

Hashtag Loyalty shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Application or Your Hashtag Loyalty account for any reason. Notwithstanding the foregoing, Hashtag Loyalty shall not be required to review or monitor any Posted Information entered into the Application or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.

Hashtag Loyalty does not currently charge its users to access and use the Application, however Hashtag Loyalty may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application and/or for different levels of subscription or account.

This Agreement shall continue in full force until the earlier to occur of (i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Application), or (ii) Hashtag Loyalty electing to terminate Your access to the Application, with or without notice (the "Term"). For purposes of clarity, You are entitled to terminate your Hashtag Loyalty account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application or any other non-public portions of the Website. In addition to the foregoing, in the event that Hashtag Loyalty determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any Hashtag Loyalty policy in effect from time to time or otherwise failed to perform to the standards required of Hashtag Loyalty, Hashtag Loyalty shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Application, in each of the foregoing cases at any time and for any period of time. Hashtag Loyalty shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application, including without limitation any information input into the Application by You. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of this Agreement.

(a) General Ownership. All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and Hashtag Loyalty, You shall be deemed to be the sole owner of all Posted Information entered into the Application or otherwise posted by You; and (ii) Hashtag Loyalty is the sole owner of the name "Hashtag Loyalty" as well as, including but not limited to, the Website, the Application, all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to Hashtag Loyalty regarding the Application or the Website shall, upon submission to Hashtag Loyalty, be owned solely and exclusively by Hashtag Loyalty. In addition, Hashtag Loyalty shall be entitled to post feedback at the Website and within the Application (and/or allow others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Application shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to Hashtag Loyalty. (b) Use of Posted Information. In exchange for Your use of the Website and/or the Application, You hereby grant to Hashtag Loyalty an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post to the Website, submit to Hashtag Loyalty or post through the Application, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, in connection with Hashtag Loyalty performing the services described herein. Finally, You irrevocably waive, and cause to be waived, against Hashtag Loyalty and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. Hashtag Loyalty shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Application, including without limitation adjacent to Your Posted Information.

You agree to treat as confidential all confidential information of Hashtag Loyalty, not to use such confidential information for any purpose other than to the limited extent necessary to use the Application and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Hashtag Loyalty, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice. In addition, during the Term and for a period of one year thereafter, You shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the 1-year period prior to the applicable date, an employee of Hashtag Loyalty to terminate employment with Hashtag Loyalty or to become employed by or enter into contractual relations with any other individual or entity.

(a) No Warranties. Except as explicitly set forth herein, neither Hashtag Loyalty, its affiliates or any of any such party's equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website or the Application will be error-free, (c) as to a minimum level of uptime for the Application or the Website, or (d) as to the results that may be obtained by You by entering into this Agreement and/or using the Application. You agree and acknowledge that the Application and Website are licensed and/or provided hereunder on an "as is" basis. In addition, You hereby agree and acknowledge that: (i) Hashtag Loyalty shall not be responsible for any actions taken by any other party using the Application or reviewing any of Your Posted Information; (ii) Hashtag Loyalty does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) Hashtag Loyalty is not a party to any transaction between you and any store, retailer or business with which Hashtag Loyalty has a business relationship, and as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between You and such third party; (iv) Hashtag Loyalty is not responsible for any other party's compliance with applicable laws, rules or regulations; (v) Hashtag Loyalty's services are administrative in nature and Hashtag Loyalty is not responsible for ensuring that any third party honor any reward, loyalty or other obligations such third party may have towards You; (vi) Hashtag Loyalty shall not, under any set of circumstances, be responsible or liable for an content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party's intellectual property rights; and (vii) the Application and/or Website may not function properly or as intended at times. (b) Unavailability of Website or Application You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Application. While it is Hashtag Loyalty's objective to make the Website and Application accessible at all times, the Website and/or Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website or Application may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Hashtag Loyalty, access to the Website and/or the Application may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Hashtag Loyalty shall not be liable in any way for any delay in responding to an inquiry or question forwarded by You or the effects any delay or unavailability may have on You. YOU AGREE THAT HASHTAG LOYALTY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR APPLICATION AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR APPLICATION.

HASHTAG LOYALTY SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR WEBSITE, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, HASHTAG LOYALTY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED Rs 1000.

Hashtag Loyalty shall not be liable to You for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

The following terms and conditions govern general use of the Website: (a) You agree to abide by all restrictions displayed on the Website and/or within the Application, as and when they are updated from time to time, including, without limitation, the rules in this Section 14. Hashtag Loyalty reserves the right to remove any content You post to the Website or within the Application, block the sending of any inquiry or other content Hashtag Loyalty deems inappropriate in its sole discretion, and may terminate all access to the Website and/or Application at any time in its sole discretion for any or no reason. While Hashtag Loyalty reserves the right to monitor all postings and/or content posted at the Website and/or within the Application, it has no obligation to do so. Permitted Uses. You may use the Website only in good faith for the purposes described herein. You may download and print out portions of the content from the Website for non-commercial purposes provided that You follow the rules in this Agreement. You may not use the Website or Application, or any business listings, contract information or other content, to promote another business or commercial venture. Distribution. Except as expressly permitted under other provisions of this Agreement, You may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website, the content or any information or materials retrieved from either of them, including, without limitation, graphics and logos, in whole or in part, for any purpose. Derivative Works. You may not create compilations or derivative works of the Website or the Application, the Website or Application content or any other materials from the Website or Application. Proprietary Notices. You may not remove, change or obscure and You must retain on all copies of the content You download any copyright notice or other proprietary notice, Privacy Policy, legal disclosures or terms of use contained in the content or on the Website. Infringement. You may not use the Website, Application, the Website and/or Application content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right, proprietary right, or property right of Hashtag Loyalty or any third party. Information Distribution. You may not use the Website and/or Application or any communications service, chat room, message board, blog, forum, newsgroup, or other interactive service that may be available to You on or through the Website or Application to transmit, upload, post, distribute or facilitate distribution of, or otherwise make available any information or content, including text, communications, software, images, sounds, data or other information, that: Other Prohibited Uses. You may not use the Website or Application for any purpose that: Others' Personal Information. You may not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent. Harm to Minors. You may not take any action on the Website or within the Application or use the Website and/or Application content to harm minors in any way. Solicitation. You may not use the Website or Application or any Website or Application content in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations. (b) The Website, the Application and the Website and Application content may contain and/or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website or Application ( "Third Party Content") that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and Hashtag Loyalty assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Hashtag Loyalty has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Hashtag Loyalty expressly states in writing to the contrary, Hashtag Loyalty neither endorses nor adopts as its belief any such statements. Hashtag Loyalty may provide information in articles Hashtag Loyalty posts or links to through the Website only for educational and general informational purposes and not as professional advice. Hashtag Loyalty has made no attempt to verify any information contained in any such articles. (c) As a convenience to You and other Website visitors, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Hashtag Loyalty. When You uses these links, You will leave the Website and Hashtag Loyalty will have no ability to protect Your interests. You visit linked websites at Your own risk and it is Your responsibility to take any protective measures to guard against viruses and other destructive elements. Hashtag Loyalty is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.

Hashtag Loyalty respects the intellectual property of others, and asks You and all users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of India and/or other countries, and the terms of use of those websites, and not the this Agreement, govern Your use of that material. It is Hashtag Loyalty's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Hashtag Loyalty and/or others.
If You believe that Your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Hashtag Loyalty's Agent for Notice with the following information in English (Your "Notice"): In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which Hashtag Loyalty has disabled access, Hashtag Loyalty may forward a copy of a valid Notice including name and email address to such individual or entity. Hashtag Loyalty's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Ground floor,
Sadhana Building,
6 Dayaldas Road,
Vile Parle East,
Mumbai 400057 By phone +919819441643
By email info@hashtagloyalty.com

You and Hashtag Loyalty are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Hashtag Loyalty.

This Agreement shall be governed by and construed in accordance with the law of India, and You hereby submit to the exclusive jurisdiction of Mumbai courts. In the event that any or any part of the terms contained in this Agreement shall be determined by any competent court or authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by applicable law.

At Hashtag Loyalty, your privacy is of great importance to us. We understand that you entrust us with certain private information to help us provide various products and services. In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with this Privacy Policy. Rest assured that we will protect your privacy. Under no circumstances will Hashtag Loyalty sell or share any Personal Information and/or SPDI about you to or with any person or organization except (i) as authorized by you, (ii) as described in the relevant portion of Hashtag Loyalty's Website (the "Website"), (iii) in connection with providing various products and/or services to you (the "Services"), (iv) to the extent you make any use of Hashtag Loyalty's mobile software application commonly referred to as "Hashtag Loyalty Rewards" or any other Hashtag Loyalty mobile application (the "Application"), to merchants with which Hashtag Loyalty has a business relationship, (v) as may be required by law or court order, or (vi) as otherwise set forth herein. The Privacy Policy below describes the standards we adhere to in handling information about you and any Personal Information and SPDI you submit through the Website and/or the Application.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE SUBMITTING ANY INFORMATION TO HASHTAG LOYALTY OR THROUGH ANY HASHTAG LOYALTY SOFTWARE OR MOBILE APPLICATION. BY SUBMITTING ANY INFORMATION YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, SIMPLY EXIT THIS PAGE AND/OR THE APPLICATION WITHOUT ACCESSING OR USING ANY OF OUR SERVICES.

Children are not eligible to use our Services and we ask that minors (under the age of 13) do not submit any Personal Information and SPDI to us or use the Services. Hashtag Loyalty does not collect or maintain information from those actually known to be under the age of 13, and no part of Hashtag Loyalty's website, the Application or Services is structured to attract anyone under the age of 13. Other age restrictions may be set forth in Hashtag Loyalty's Terms of Use from time to time.
Important Categories of Information for you to Know:
1. Who we are
2. Information we may collect at the Website or through the Application
3. How your information is used
4. Altering the information you submit through the Website and/or Application

Hashtag Loyalty operates a website located at www.hashtagloyalty.com and the Application through which certain rewards and/or loyalty programs may be administered.

There are several areas on the Website and/or within the Application where you may be asked to enter both personal and non-personal information including, by way of example and without limitation, your name, address, phone number, birthday, Facebook and/or Google usernames, and information regarding your cell phone and/or other mobile device. The information we collect may comprise, among others, Personal Information and SPDI. In addition, when you use the Application Hashtag Loyalty automatically receives and records information on our server logs from your browser or mobile platform, including your IP address and location. Hashtag Loyalty also collects and uses additional information from users such as transaction location, purchase activity, Application open date and time, idle time, and all clicks and/or swipes within the application (together with time and order). Hashtag Loyalty may also collect information posted by users on social media sites for users that have opted to connect to or otherwise link Hashtag Loyalty with social media accounts including Facebook and Google. We treat this data as non-personal information for purposes of providing the Services, except where we are required to treat it as personal information under applicable law. We DO NOT sell or share any Personal Information or SPDI about you to or with any person or organization except (i) as authorized by you, (ii) as set forth in the relevant portion of the Website, Application or within any agreement between us, (iii) in connection with providing various products or Services to you (either directly or through one or more third parties), (iv) as may be required by law or court order, or (vi) as otherwise set forth herein. In particular, and not in limitation of the foregoing, information you enter at the Website and/or Application (i) will be shared with the merchants or third party service providers with which Hashtag Loyalty has entered into a business relationship in order to provide the Services, and (ii) may be shared with various third parties in connection with making available to you certain offers (which offers may be based on or related to your location at the time the offer is made available to you). In addition, Hashtag Loyalty may sell, disclose or otherwise use information gathered on the Website or within the Application to third parties on an aggregated basis. (a) Information we receive from you. To use certain of Hashtag Loyalty's Services and/or to access the Application, you'll need to provide certain Personal Information and/or SPDI which may include, without limitation, your name, address, birthday, phone number, credit card information, Facebook and/or Google user names, e-mail address, information regarding your cell phone or mobile device and other information. (b) Technical information we collect. In order for Hashtag Loyalty to ensure that we are providing the best possible consumer experience on the Website and within the Application, we collect and track certain user information. When you visit the Website, our Web server may send a cookie to your computer. This cookie would be intended to store a limited amount of information about your site visit. The cookie tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc. These cookies, however, do not store any personally identifiable information such as your name, email address or phone number as you browse the site. When you submit a question, we store your cookie identification in our system. This cookie allows our site to recognize you when you return. Hashtag Loyalty may also utilize Web Logs to track aggregate information about how our site and/or the Application is being used. Web Logs track anonymous user information, including the number of visitors to the Website, operating systems, Internet Provider addresses (if publicly available), and browser type. Unlike cookies, Web Logs are maintained only on Hashtag Loyalty servers and do not store or place anything on the user's computer. If you come to the Hashtag Loyalty Website from an online banner ad, an anonymous identification number may be passed to the Website. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns. (c) Other Information we get from your use of the Services. We may collect information about the Services that you use and how you use them. This information includes: Device information We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Location information When you use the Service or access the Application, we may collect and process information about your actual location. We may also use various technologies to determine location, some of which may be made available through third party licensors. (d) Information from surveys. You may have the option of completing an online survey at the Website or within the Application from time to time. Participation in surveys is completely voluntary and it is your choice whether or not you wish to disclose your Personal Information and/or SPDI to us in connection with any such survey. (e) Information from the "Contact Us" section of the Website or Application. You may contact Hashtag Loyalty through the "Contact Us" feature. Participation in this area is completely voluntary and it is your choice whether or not you wish to disclose your Personal Information and/or SPDI to us. (f) Information collected other sections of the Website or Application. Hashtag Loyalty may, from time to time, make various resources available to you at the Website or within the Application. At times we may collect Personal Information and/or SPDI in connection with providing such services.

We use the information (Personal Information and SPDI) you provide to provide the applicable Services to you, either directly or through third party service providers, as further described above in this Privacy Policy. Hashtag Loyalty may also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data, when shared on an aggregated basis, does not include any of your personal identifying information. Some of our Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these Services to you, it may be necessary for us to share your Personal Information and/or SPDI with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of providing these Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service.
If the Participating Merchant has the Redemption via SMS module activated, the details of the redeemed reward will be confirmed by the text message (SMS) on your registered mobile number. In addition, Hashtag Loyalty may send occasional updates via SMS to your registered mobile number.
In addition to the uses of the information described above, Hashtag Loyalty may, from time to time, collect purchasing information and/or data from other sources. Hashtag Loyalty may collect this information for purposes of performing analytics and conducting consumer research. This information may be used to communicate and provide additional information that may be of interest to you and our merchants.
In addition, Hashtag Loyalty may disclose account or other Personal Information and/or SPDI when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Hashtag Loyalty's rights orproperty, other Website or Application users or anyone else that could be harmed by such activities.

(a) Deleting your information. Regulations may require that we store questions or submissions for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases. (b) Altering Information. Hashtag Loyalty may alter, modify or delete any information you submit to the Website or through the Application if it believes,in its sole discretion, it is necessary or desirable to do so. (c) Request to stop receiving emails from us. Periodically, Hashtag Loyalty may send you emails to alert you to various opportunities or offers available at the Website or within the Application. If you do not wish to receive any of these offers, please send an e-mail to support@hashtagloyalty.com to remove yourself from our mailing list.

Hashtag Loyalty uses extensive and sophisticated secure technology to protect your data (including Personal Information and SPDI) and transmissions between you and Hashtag Loyalty. Transmission between browsers and our web server is implemented using either Secure Sockets Layer (SSL) technology or Hashtag Loyalty's proprietary mobile application that utilizes SSL-encrypted communication. This technology requires an SSL-capable browser. Although Hashtag Loyalty has taken these reasonable and appropriate measures to ensure that your Personal Information and SPDI is delivered and disclosed only in accordance with your instructions, Hashtag Loyalty cannot and does not guarantee that the Personal Information and/or SPDI you provide will not be intercepted by others and decrypted.

If we make a change to our Privacy Policy in the future that will affect how we treat your information, we will post such change at the Website and/or within the Application, and such change will be deemed to be effective 2 days from the date of such posting. In that case, your ability to opt out of the new policy will be determined by applicable laws.

We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the Website or the Application may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.

If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Website or the Application. By using the Website or the Application and voluntarily providing information to us, you consent to our collection and use of the Personal Information (including SPDI) as set forth in this Privacy Policy.

The Website and/or Application may contain links to other websites or applications that are owned and operated by third parties that are not affiliated with us. When you use those links, you leave the Website or Application (as applicable) and we are unable to control how the owners of the websites or applications you link to handle any information they gather about you, including their privacy practices and use of cookies. This Privacy Policy applies only to the Website and Application and does not govern activities on linked websites or applications. We encourage you to review the privacy policy of any other website or application you visit, download or access to understand its owner's practices on how it collects, uses and discloses your information.

In this document Hashtag Loyalty is referred to as "Hashtag", "we" or "us" and End User Customer as "user", "users”, Merchants are referred to as "merchant" or "you". "Points" means the points awarded by merchants.

These terms apply to your use of the service operated by Hashtag. Hashtag Loyalty will assist the merchant in building and managing the loyalty program and provide a dashboard with different features to manage the merchant’s customer engagement ( “Service”). The merchant will provide rewards via the loyalty program, including any goods and services so awarded by the merchant and is also responsible for all the customer communication sent via its dashboard.The Service may be used to issue loyalty points to customers. These ‘points’ transactions are processed through Hashtag’s database and through software installed at Hashtag’s offices. You have access to your issued points and to offers made by you via the Hashtag website. By registering with and interacting with the Service you are agreeing to these Terms of Use.

Neither Party shall use the Intellectual Property of the other Party in any manner except as permitted hereinafter.
Hashtag Intellectual Property: all the intellectual property rights in or related to , (a) Hashtag mobile application, (b) Hashtag website, (c) Hashtag marketing material, (d) Hashtag services, (e) all trade names, trademarks and logos of Hashtag card, (f) all data collected by Hashtag’s servers shall at all times remain solely under the ownership of Hashtag. Hashtag reserves the right to amend the intellectual property right at any given time without any prior notice. You acknowledge that Hashtag is the sole owner of the Hashtag Intellectual Property, including its name and logo, and is entitled to display, sublicense, modify, change or otherwise use such intellectual property in any way and form or format and any and all communication at its own discretion.
Hashtag hereby grants to you a limited, non-transferable, non-exclusive, non-sub-licensable, revocable license to access and use Hashtag’s hosted Merchant Web Portal for internal business purposes so long as your account with Hashtag remains current and active. If Hashtag provides you with a password to access the Portal, you are solely responsible for protecting the password and for any authorized or unauthorized use made of the password. The Portal, and all source code, copyrights and other intellectual property associated therewith, are and shall remain the sole and exclusive property of Hashtag. You shall refrain from permitting any third party to use your password or otherwise access the Portal. Hashtag shall have the right to terminate the license granted hereby immediately in the event that you have breached any terms or conditions set forth in the Agreement or your Hashtag account is otherwise terminated for any reason.
Except as set out here in above, nothing herein shall be construed as a grant to you of any intellectual property rights, or a license to use such intellectual property rights, of Hashtag.
*The intellectual property rights are also applicable to a Merchant Staff Portal (Web based) that is accessed on any a merchant owned hardware.

You agree to comply with following terms: merchants agree not to decode, decompile, disassemble, recreate, render, reverse engineer or explore any of the Hashtag system, including other intellectual properties. You agree not to use the Hashtag system for any other purpose other than for the purpose it is supplied to you by Hashtag, i.e. as a customer loyalty solution. You agree not to copy any part of Hashtag System offline or online, fully or partially. You agree to follow usability guidelines communicated to you by Hashtag team verbally or in written form during installation of the Hashtag system at your business premises.

(i) Hashtag’s current fees for the Hashtag Programs and its services are set forth in the Merchant Agreement. Hashtag reserves the right to amend the fees payable for the Hashtag Programs at any time upon thirty (30) days’ prior notice to you; provided, however, that such amendment to the fees will not be applicable until the beginning of the next Subscription Period.
(ii) When you provide your payment information to Hashtag, you are providing Hashtag with an authorization to process any and all payments as outlined in this Agreement.
(iii) You will be responsible for any sales, use, value-added or import taxes, customs duties or similar taxes assessed in accordance with applicable law with respect to the provision of the Hashtag.
(vi) Notwithstanding anything herein to the contrary, Hashtag, in its sole discretion, may suspend or terminate the Agreement and corresponding access and right to use all or any portion of the Hashtag Programs, at any time, upon electronic or other notice to you, if you have not paid all amounts due on or before the payment due date, or for any other breaches of the Merchant Agreement, these Terms and Conditions, or any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the Merchant Agreement or these Terms and Conditions, which are incorporated by reference herein. You are responsible for amounts that remain outstanding as of the date of such termination including early cancellation fees. You agree to pay reasonable attorneys’ fees and court costs incurred by Hashtag to collect any unpaid amounts owed by you.

Hashtag reserves the right to terminate the Service and/or your use of the Service at its discretion without notice. Hashtag will refund you for the balance of any amount due minus any debts due by you to Hashtag.
The Agreement will remain in full force specified in the Merchant Agreement. At the end of any Subscription Plan, unless you select a new Subscription Plan, your Subscription Plan will automatically convert to a month–to–month Subscription Plan. This will be ongoing until you select a new Subscription Plan or provide at least thirty (30) days’ written cancelation notice, at which time you may be charged a termination fee. Each party shall have the right to terminate the Agreement upon written notice to the other party: (i) upon the institution of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of debts of the other party that is not otherwise dismissed within sixty (60) days of such institution; (ii) upon the making of an assignment for the benefit of creditors by the other party; or (iii) upon the dissolution of the other party.
Notwithstanding the foregoing, Hashtag may (without notice) terminate the Agreement and/or your access to one or all Hashtag Programs in the event you fail to remain current in all fees due and owing to Hashtag or in the event you breach any of your obligations under the Agreement.

Hashtag makes no representations or warranties, express or implied, regarding the service and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Except as provided in this Agreement, Hashtag shall not be liable to you for any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. In particular, Hashtag accepts no responsibility or liability for claims from customers. Hashtag neither excludes nor limits its liability for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law.
You represent, warrant and covenant to Hashtag that you will take proper care of the Hashtag Kit and/or all equipment provided by Hashtag to you and maintain all such equipment in good working order and in-case of any physical damage you will be responsible for replacement or cost of repair of such equipment, if any damages occur.

Any information that a receiving party knows or has reason to know (either because such information is marked or otherwise identified by the disclosing party orally or in writing as confidential or proprietary, has commercial value, or because it is not generally known in the relevant trade or industry) is "Confidential Information" of the disclosing party and will remain the sole property of the disclosing party. Such Confidential Information includes but is not limited to data, information (including personally identifiable information), ideas, materials, specifications, procedures, schedules, software, technical processes and formulas, source code, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, marketing data and other similar information provided by a party. For avoidance of doubt, Customer Data, generated/obtained by merchants, shall be deemed Confidential Information of Hashtag. Each party agrees that it will not disclose, use, modify, copy, reproduce or otherwise divulge such Confidential Information to any third party without the prior written approval of the disclosing party except that the receiving party shall have the right to disclose such Confidential Information to the extent required by applicable law or to the directors, officers or employees of the receiving party who have a need to know such Confidential Information in order to perform its obligations under the Agreement and to the extent such directors, officers or employees are subject to obligations of confidentiality and non-disclosure that are substantially similar to the obligations set forth in the Agreement. The prohibitions contained in this Section will not apply to information (i) already lawfully known to the receiving party prior to such disclosure by the disclosing party; (ii) independently developed by the receiving party without access to or use of the disclosing party’s Confidential Information; (iii) disclosed in published materials; (iv) generally known to the public; or (v) lawfully obtained from any third party. In addition, a party will not be considered to have breached its obligations under the Agreement to the extent Confidential Information is required to be disclosed by any governmental authority, provided that, to the extent legally practicable, the receiving party advises the disclosing party prior to making such disclosure in order that the disclosing party may object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or take such other action as it considers appropriate to protect the Confidential Information.

This agreement is governed and construed in accordance with the Laws of Union of India. Merchant hereby irrevocably consents to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Hashtag products/sites/services. Use of the Hashtag software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You will defend, indemnify, and hold Hashtag and its affiliates and their respective directors, officers, employees, agents and representatives harmless from and against any third party suit, proceeding, assertion against any damages, judgments, liability, costs and expenses (including without limitation any reasonable attorneys’ fees) incurred arising from your breach of this Agreement, your breach of any applicable laws, your unauthorized use or misuse of the Hashtag Programs or any unauthorized combination of any Hashtag Program with any hardware, software, products, data or other materials not specified or provided by Hashtag.

Hashtag’s aggregate liability for all claims (including claims for indemnification of third party damages) arising out of the Agreement, whether in contract, tort or otherwise, will not exceed the amount of fees paid by you to Hashtag under the Agreement during the twelve (12) months preceding the date on which the claim occurred. To the maximum extent permitted by applicable law, in no event will Hashtag be liable for any loss of business profits, business interruption, loss of data or any special, indirect, exemplary, incidental or consequential damages arising from or in relation to the Agreement or the use of the Services, however caused and regardless of theory of liability. In addition, Hashtag will not be liable for damage (physical or otherwise) incurred by you upon any asset or property from the installation or removal of any Hashtag product or add-on in-store and will not be responsible for replacement or cost of repair if damages occur. This limitation will apply even if such damages were foreseeable and you have been advised or are aware of the possibility of such damages.

The following terms shall, in addition to all of the other terms set forth in this Agreement, govern your use of Hashtag’s "Marketing Campaign" platform (the "Marketing Campaign Platform"), which, at a general level, allows you to communicate with Hashtag members.

You shall, as a condition to making any use of the Marketing Campaign Platform, be required to follow these rules: 1. You won’t send Spam! While you are responsible for making yourself of aware of current anti-SPAM and similar regulations that may be in effect from time to time, as a general rule, you should assume that if you send people mass email without their permission, you’re spamming.
2. You won’t violate Hashtag’s Acceptable Use guidelines, established below, as it may be in effect from time to time, which is part of this Agreement. If you violate any of these rules, Hashtag, in addition to any other remedies that Hashtag may have hereunder or otherwise, may suspend or terminate your account.

You represent and warrant that your use of the Marketing Campaign Platform, which includes communication through emails and SMSs will comply with all applicable laws and regulations. You also acknowledge and agree that the promotional messages/emails sent by You directly is only your liability, responsiblilty and that Hashtag is not liable/responsible or answerable for any form of communication, communicated between You and the customer, directly or indirectly. You agree that all claims, queries and complaints arising out of such communication, shall be directly addressed and resolved by you.

You shall refrain from using the Marketing Campaign Platform to send anything offensive, to promote anything illegal, or to harass anyone. Not in limitation of the foregoing, you may not send: 1. Pornography or other sexually explicit Emails
2. Emails offering to sell illegal goods or services
3. Emails that violate Information Technology Act, 2000 or any other applicable laws or regulations

Hashtag works hard to keep its system clean, but Hashtag also counts on its customers to pitch in. As such, you may not: 1. Send Spam (as noted above).
2. Share your password.
3. Use any of the Marketing Campaign Platform to create a competing product.
4. Import or incorporate any of this information into any lists, emails or uploads to our servers: Passwords, security credentials, or sensitive personal information of any kind.
5. Send any messages through the Marketing Campaign Platform that are not appropriate for its intended use.
6. Use an outside unsubscribe process.

Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure event. Hashtag cannot be held liable or guilty for not able to deliver its usual services or business activity during emergency, natural calamity or situation which is beyond control. “Force Majeure” event mean circumstances that the concerned Party cannot influence, foresee or advert and that significantly obstruct the deliverables and services of either of the Parties or make them impossible (temporarily or finally).

Merchants agree that Hashtag has absolute authority to modify or change the terms and conditions of the agreement without Merchant's consent and the modified terms and conditions can be kept in Hashtag’s website and no separate notice is required to be issued to Merchant.
Merchant shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Merchant's use of the Software and the Services.
Merchant and Hashtag are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Each Party shall be responsible for the fulfilment of their respective liability to their vendors or employees and this contract is no way allows the one party’s vendors or employees to raise any claim against the other Party. It is expressly acknowledged and agreed that Hashtag is only providing [loyalty program] services hereunder, and is not issuing, managing, or dealing in the issuance or management of any other goods, services or pre-paid payment instrument. Any registrations and compliance required under applicable law for the issuance and management of pre-paid payment instruments have been/will be obtained by the Merchant, as may be applicable.
Except as explicitly stated otherwise, Hashtag may give Merchants notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Alternatively, Hashtag may issue the notice to the email address Merchants provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Any notice Merchant issues can be given by postal mail to Hashtag Loyalty, Ground Floor, Sadhana Building, 6 Dayaldas Road, Vile Parle (East), Mumbai – 400057.
If any dispute arises between Merchant and Hashtag during Merchant's use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator appointed by Hashtag. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. All expenses with respect to Arbitrator fee and his expenses shall be borne by the Parties equally. All other expenses of Lawyers fees and other expenses shall be borne by the respective parties.
You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.
This Agreement sets forth the entire understanding and agreement between Merchant and Hashtag with respect to the subject matter hereof.