Terms of Use

Welcome to the Explocity Site (defined in the paragraphs that follow). By using it, you are agreeing to these Terms of Use (defined in the paragraphs that follow). Please read these Terms and Conditions carefully before using the Service. If you have any questions, write to us here. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, both general users, members of the public, merchants, vendors, businesses, individuals or any entities that are listed in, advertise in or offer promotions, discounts or coupons through our Site and others who access or use the Service. DO NOT USE THE SITE ANY LONGER IF YOU DO NOT AGREE TO THESE TERMS OF USE,AND DO NOT USE ANY SOLMO SERVICE, PARTICIPATE IN ANY PROGRAM OR SUBSCRIBE OR DOWNLOAD OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE. By entering your email, logging into your account, or accepting notifications, you agree to receive personalised and general communications on deals and promotions at any time. You may unsubscribe at any time.

NOTICE OF MODIFICATIONS AND LAST UPDATE

These Terms of Use were last updated on February 10, 2020.

ACCEPTANCE OF TERMS OF USE

Sol Mooney Media (“ SOLMO ” or " we " or “ us ” or “ our ”), a proprietorship based in Bangalore, India, owns and operates the website, www.explocity.com, among other websites, the mobile, wearable device and any other versions and any sites we have now or in the future that reference these Terms of Use (collectively, " Site "). By using the Site and services through the Site, signing up for an account and/or subscribing or completing a purchase on the Site, you agree to these Terms of Use (defined below) and any additional terms applicable. You also agree to our privacy policy, incorporated herein by reference and located at PRIVACY POLICY, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these Terms of Use, and any other terms contained here, or incorporated here by reference, are collectively referred to as the " Terms of Use ". The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

About the Site

The Site is a platform through which businesses, vendors or merchants (“Vendors ” or “Merchants”) sell or offer for free, coupons, promotional codes, giveaways, samples, and offers (“ Coupons ”). In addition, Vendors may sell or offer for free, other products and services including but not limited to vouchers for goods, services, or experiences, travel goods and services, gift vouchers, goods and services directly to you, and various experiences for specific dates and times and enable usage of your Coupon or Voucher at a defined time and date, food, beverage and other products for delivery and takeout, collectively “ Vendor Offerings ” or “Merchant Offering”. Vendors are the sellers and issuers of the Vendor Offerings. They are solely responsible to you for the availability, care, quality, and delivery of the goods and services provided. In addition, the Site may also provide a platform through which you can purchase products from SOLMO (“ Products ”) and participate in other available programs, any or all of which and pricing on the Site may change at any time in SOLMO’s sole discretion, without notice.

Owners

The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to us, our affiliates, Vendors, and other content providers. By using the Site and accepting these Terms of Use: (a) SOLMO grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by SOLMO; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of SOLMO.

Usage

As a condition of your use of the Site, you agree that your use of the Site will at all times comply with these Terms of Use. You agree and confirm that you are of legal age in your country, state, region, county or jurisdiction or residence; you are able to create a binding legal obligation and you are not barred from receiving products or services under laws applicable to you or in your jurisdiction. You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality. You will comply with the spirit of the terms of the respective offers of which you may partake and you will only make purchases on the Site for your own use and enjoyment or as a gift for another person. You confirm that you have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete. You will update account and information you have provided to the Site, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account).>

Access to the Site and Services

While we make all efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. We retain the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason.

Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use at our sole discretion. If we make changes that affect your use of the Site or our services will be evident from the notice of posting in the section titled NOTICE OF MODIFICATIONS AND LAST UPDATE in this document. You agree that posting notice of any changes is adequate notice to you and further agree that your continued use of the Site or our services will constitute acceptance of the Terms of Use as modified. Any and all changes to these Terms of Use will apply prospectively and not retroactively. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes.

Account

You may only create and hold one account on the Site for your personal and/or business use as may be relevant. You agree that you are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that SOLMO shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. We will assume that anyone using the Site or transacting through your account or other accounts to which you may assign responsibility including but not limited to Managers is you. You agree that you are solely responsible for any activity that occurs under your account. You hereby indemnify SOLMO and its affiliates against any action resulting from your use of the Site you will be responsible for the consequences. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. In the event that The Site may permit you to make purchases without an account or without logging in to your account by using the guest checkout feature, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information). You may later claim this account by creating a password for the account. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account at our sole discretion. If your account is cancelled, you may forfeit any pending, current, or future account credits and any other forms of unredeemed value in your account without notice. The provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use. If your conduct does not comply with these Terms of Use, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

Privacy

We take your privacy seriously. Our Privacy Policy is incorporated in and subject to these Terms of Use, and available here.

Terms of Subscription

By downloading coupons or obtaining any Merchant Offering or Product via the Site, you agree to these Terms of Use, and, without limitation, these terms described herein. Coupons are offered by Merchants to consumers throughout the Site, including, without limitation, a portion of the Site dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Any service fee charged or commission retained by SOLMO for making Coupons available from the sale of a Coupon (including the subscription fee enable downloads of Coupons) and otherwise, if applicable, is to compensate SOLMO for marketing, promoting, advertising, and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. SOLMO does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. SOLMO is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon. NO REFUNDS: SOLMO will not under any circumstances refund any part of the subscription fee charged to Users to enable them to download Coupons from the Site. Each Vendor that provides information and/or distributes Coupons hereby fully indemnifies SOLMO against any action and cost resulting from their non-performance relating to a User of the Site or for any other reason whatsoever resulting from Vendor’s action/s.

Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. SOLMO asserts a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of SOLMO or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Other marks on the site not owned by SOLMO may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SOLMO unless otherwise stated, or may be the property of their respective owners. You may not use SOLMO's name, logos, trademarks or brands, or trademarks or brands of others on the Site without SOLMO's express permission.

User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Unsolicited Materials

We do not accept or consider, directly or through any SOLMO employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. SOLMO has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and SOLMO will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

Infringement Digital Millennium Copyright Act (DMCA) Procedures

Please find our DMCA policy with details PRIVACY POLICY. The contact information for SOLMO’s DMCA Agent for notice of claims of copyright infringement is: SOL MOONEY MEDIA 26 Cunningham Road, Bangalore 560052 India, email: Mail Us

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Sol Mooney Media its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limitation of Liability

In no event shall Sol Mooney Media, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IN NO EVENT WILL SOLMO’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY SOLMO THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

Websites of Others

Our Service may contain links to third-party web sites or services that are not owned or controlled by Sol Mooney Media. Sol Mooney Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Sol Mooney Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.

Indemnification/Release

You agree to defend, indemnify, and hold harmless SOLMO, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any User Content submitted or posted by you, violations of these Terms of Use, fraud you commit or your intentional misconduct or gross negligence. You are solely responsible for your interactions with Vendors and other users of the Site. To the extent permitted under applicable laws, you hereby release SOLMO from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Vendor or Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Vendor Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

Force Majeure

SOLMO shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of SOLMO or a Merchant, as applicable.

Assignment

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of SOLMO. Any attempted assignment that does not comply with these Terms of Use shall be null and void. SOLMO may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Special Programs, Privacy Statement, and other terms incorporated by reference, constitute the entire agreement and understanding between you and SOLMO with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and SOLMO with respect to such subject matter.

Governing Law and Jurisdiction

You agree that these Terms shall be governed by and construed in accordance with the laws of Karnataka, India and shall be subject to the jurisdiction of the courts of Karnataka, India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Additional Disclosures

No waiver by either you or SOLMO of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

You are contracting with SOL MOONEY MEDIA Communication should be directed to, Sol Mooney Media 26 CUNNINGHAM ROAD, BANGALORE 560052, INDIA.

The provisions of these Terms of Use apply equally to, and are for the benefit of, SOLMO, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

Valid disclaimer from previous version of this site

1.Our content is for purposes of information and should no way be construed as advice.

2.Advice provided by experts or writers are their personal opinions and not those of Explocity. We advise you to exercise your own discretion in all matters. All warranties expressed or implied in or of any part of this website including without limitation the implied warranties of saleability, usability, applicability for a particular purpose, and non-infringement are disclaimed. Explocity and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

3.The opinions presented by any of the writers on our website are their personal opinions and not ours.

4.We exercise due diligence over the contents of our web pages and information, but we explicitly state that we are not responsible for any errors, omissions or representations on any of our pages or on any links on any of our pages. Please verify all information on your own before making any decision on any matter. We reserve the right to make any changes without notice.

5.We do not endorse the products, the services or anything from any of our advertisers on our web pages.

6.Sites that are linked from ours are not under our control and we are not responsible for the contents of any linked site or any site that is linked from a site linked by us. We may provide links for your convenience but that is not to be construed as an endorsement by us or by our affiliates.

7.All the information including, but not limited to, trademarks, logos, listings, database, text, graphics, pictures, photographs, design and all textual, audible and visible content are the copyrighted works of Explocity, unless otherwise acknowledged or implied. All rights are reserved. We assert our rights over information that has been collected by dint of our efforts and we view reproduction of our information, as is or by making cosmetic or other changes, as a violation of our copyright.

8.The contents of the site are meant for personal use only and may not be downloaded except for personal convenience. Downloaded content must be acknowledged as the property of Explocity and must not be shared in any manner, electronically, in printed form or otherwise. Information must not be modified, copied, reproduced, republished, represented, uploaded, transmitted, posted, emailed, or distributed in any way without obtaining the permission of Explocity in a verifiable form. No part of the website may be transferred, sold, shared or derivates made for commercial use for the benefit of parties other than Explocity.

9.We disclaim any liability for damages caused by downloading of any data or information.

10.we reserve the right to make changes at any time to content, channels, information or any other content without notice and without assigning any reasons.

11.By posting information, data or sending information such as unsolicited articles or other materials such as writings, pictures, drawings, etc, you are granting to Explocity the right, free of cost and royalty, to use and/or commercially exploit such material without notice at any time in perpetuity and to adapt, translate and to use in such material in any manner on any technology. You further indemnify Explocity against any claim including legal fees and costs for violation of any third party intellectual property or other rights.

12.Explocity reserves the right to delete any postings made on the website without notice and without assigning reason.

13.Explocity reserves the right to begin to charge for accessing any part of the website or any content that is presently being offered free of cost at any time without notice and it must not be construed that the contents of Explocity is free for view in perpetuity.

14.All registrations are subject to our Privacy Policy .

15.Registered users of Explocity must not furnish false or misleading information or information that is defamatory, inflammatory, obscene, unlawful or objectionable in any way to any person. Explocity reserves the right to cancel the registrations of any user at any time without notice or assigning any reason.

16.Users must not use interactive elements of the website to post messages or content which is commercial in nature and no part of the website must be exploited for commercial or personal solicitation

17.Explocity is not responsible for information or content over which it has no control, such as the Personals Page, Classified postings, Bulletin Boards, Chat Rooms, Discussion Groups or any social media platforms. We further assert that we are not liable to check or verify content or pages, which are on our site because of our good intentions of providing members of the public the convenience of directly interacting with one another. However, we will make every effort to remove objectionable content within a reasonable time after if it is brought to out attention in writing in a verifiable form. We assert now that all such content is unauthorised and is being uploaded without the permission of Explocity and without allowing Explocity due process and due diligence.

18.Explocity asserts that persons viewing, downloading, reading or reacting to unauthorised content commercially or in any other way, do so at their own risk and after their own due diligence.

19.Nobody, other than authorised officers of Explocity may alter, delete or modify any of the contents of the site.

20.Users are advised that sending harmful material like viruses, whether malicious or benign, or unsolicited materials that are offensive to anyone are liable for legal action and prosecution.

21.Explocity reserves the right to alter its Terms of Use, Privacy Policy or any other material at any time and such modification can be viewed on our site. Users are advised to keep themselves posted of any changes and Explocity expressly disclaims any obligation to advertise such changes.

22.All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, Karnataka, India and shall be governed by and construed in accordance with the laws of India.

If you have any questions or need your doubts clarified, please write to us at corporate@explocity.com, we will get back to you as soon as we can.