TERMS OF USE

Agreement Between You and Samast Technologies Private Limited

Thank you for visiting www.magicpin.in or the magicpin mobile application (together the “magicpin” ).

magicpin is owned and operated by Samast Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 with its registered office at Plot No.379 & 380, Sector - 29, Near IFFCO Chowk Metro Station, Gurugram, Haryana 122001. These Terms of Use govern you, the User of magicpin, and your conduct, regardless of the means of access. You represent and warrant you possess the capacity and legal right to enter into this Agreement and to use this Website in accordance with the terms and conditions herein. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement only applies to this site and our online activities and does not apply to any of our offline activities. By using the various services available on the magicpin Platform (“Services”), you consent to these terms, magicpin’s Privacy Policy, and any community guidelines and supplemental terms provided to you for the Services that you use (collectively, “Terms”) and magicpin’s efforts to improve every User’s experience on the platform. Please read the Terms carefully, as they form the entire agreement between you and magicpin.

1. Usage of Services
   1. Posting content on the Platform:
      1. you shall be required to log on using your registered mobile number/ username/email address/Facebook account and password
      2. you may upload/post: (i) content that either was created by you entirely or legally belongs to you, or you have a legally valid license which permits you to upload/post the content; or (ii) your reviews, comments, reactions, etc., to specific content on the Platform (the content/information covered under (i) and (ii) above, the “Content”), and if in the event we suffer any loss or damages on account of the Content you have uploaded/posted belonging to another party or such Content violating or infringing the rights of any party, you shall be liable to indemnify us for such loss and damages;
      3. by uploading/posting any Content, and in consideration of you using the Services, you automatically constitute you granting a royalty-free, perpetual, irrevocable, transferrable, worldwide license to magicpin to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, mode of delivery or technology now known or later developed, (b) display online or offline your Content (or part thereof, or any modification, adaptation, translation or derivative works thereof) online and offline and permit others (including without limitation magicpin’s co-brand partners) to do the same, and (c) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services (e.g., for users to re-blog, re-post or download your content). Further, the license you have granted to us as aforesaid shall not lapse notwithstanding that we have not used, distributed, displayed, published, or adapted/modified any of the Content for any duration.
      4. You shall, under no circumstances, upload any Content that:
         1. belongs to another person and to which you do not have any right;
         2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
         3. harm minors in any way;
         4. infringes any patent, trademark, copyright or other proprietary rights;
         5. violates any law for the time being in force;
         6. deceives or misleads the reader/viewer about the origin of any information, or contains any information that is grossly offensive or menacing in nature;
         7. impersonate another person;
         8. contain software viruses or any other computer code, files or programmes that is designed to interrupt, destroy or limit the functionality of any computer resource;
         9. threatens the unity, integrity, defence security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
      5. While magicpin does not make any editorial determination about the Content to be displayed and made accessible on the Platform, if: (i) we receive any notice or communication that any Content or any part of the Content belongs to a party who has not consented to such content being uploaded and accessible on the Platform or that it is violative of the rights of any person who has not consented to such Content being uploaded and accessible on the Platform; or (ii) it comes to our attention that any of the Content violates these Terms, we shall be entitled to remove such content/block public access to such content either temporarily or permanently, subject to the provisions of the Indian Copyright Act, 1957, and the Information Technology Act, 2000, and as we deem fit or in compliance with the orders or directions of the court (if applicable) and we shall have the right, at our discretion, to remove your account, and in either case you shall have no right to make any claims against us for removing or blocking such Content;
      6. you understand that we act as a technological platform providing incidental, transient storage of the content uploaded by you for the purpose of electronic transmission to and access by members of the general public as understood under the Indian Copyright Act, 1957 and as an intermediary as understood under the Indian Information Technology Act, 2000.
      7. you shall be solely responsible for safeguarding your login details including username and password and that we shall have no liability whatsoever.
   2. Authority. You agree that you are permitted to use the Services under applicable law. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.
   3. Age. If you are under the age of majority as per the laws of your country of residence (“Minimum Age”) you may not register for an account. magicpin does not include any age inappropriate. User data is processed by magicpin, through verification and other internal checks, in a manner that both protects any user information as well as advances the best interests of children. Parents/adult guardians are required to monitor/regulate the content being viewed by their wards who have not attained the Minimum Age. Parental control tools available from third party vendors/service providers might be useful in this regard. It shall also be responsibility of parents/adult guardians to ensure that their wards do not view Content that is not appropriate for them.
   4. Member Conduct. You agree not to use the Services to:
      1. obtain or attempt to obtain unauthorized access to the Services or to magicpin’s servers, systems, network, or data;
      2. make available any Content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
      3. violate any applicable laws or regulations;
      4. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
      5. make available any Content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
      6. post Content containing advertisements or other commercial solicitations without our prior written permission;
      7. make available viruses or any other computer code, files, programs or Content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
      8. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
   5. Use of Services. You must follow any guidelines or policies associated with the use of the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose. Without our express written consent, you may not (a) use any automated means to access the Platform or collect any information from the Platform (including without limitation robots, spiders or scripts), or (b) frame the Platform (or any part thereof), place pop-up windows over the Platform (or any part thereof) pages, or otherwise affect the display of part or area of the Platform.
   6. Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
   7. Ownership and Reuse. Subject to these Terms, using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the Content you access. You must not use any branding or logos used in the Services unless magicpin has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed on the Platform or in relation to any Content. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion of the Content or use of, or access to, the Services (including Content, advertisements, APIs, and software).
   8. Support. Unless otherwise expressly stated, magicpin does not promise to provide you with any support for the Services. If magicpin does provide you with support, it is at magicpin's sole discretion and does not mean that we will continue to provide you with support in the future.
   9. Fees. magicpin reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in magicpin’s sole discretion. If magicpin decides to charge fees magicpin’s payment terms will apply and magicpin will provide you with prior notice.
   10. Anti-Abuse Policy. magicpin prohibits sending unsolicited emails or messages using the Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without magicpin’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.
2. Your Account Notices
   1. Account Information. You may need an account to use some Services. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All magicpin accounts are non-transferable, and any rights to them terminate upon the account holder’s death. In order to create an account we may collect and keep possession of personal information such as your name, email address/Facebook user name, username, and your password("Personal Data"). By providing us with the same, you acknowledge and accept that we have your consent for the collection and processing of such Personal Data. Our possession and use of Personal Data shall be in accordance with our Privacy Policy and Terms.
   2. Access to Your Account. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. If you forget your password and otherwise cannot validate your account to magicpin, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
   3. Notices. magicpin may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
3. Procedure for Copyright or Other Intellectual Property Infringement Claims or Claims of Violation of Other Rights
   1. We respect the intellectual property as well as privacy of others, and we expect our users to do the same in respect to their use of and activities on the magicpin platform. While a substantial amount of content on the magicpin platform is user generated over which we do not exercise editorial control, we may, in appropriate circumstances and at our sole discretion subject to applicable law, block access to such content or delete such content, or disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers. While we do not make any editorial determination about the user generated content being posted and displayed and made accessible on the magicpin platform, if: (i) we receive any notice or communication that any content or any part of the content belongs to a party who has not consented to such content being uploaded and accessible on the magicpin platform or that it is violative of the rights of any person who has not consented to such content being uploaded and accessible on the magicpin platform; or (ii) it comes to our attention that any of the content violates any of the terms and conditions applicable to the magicpin platform, we shall be entitled to remove such content/block public access to such content either temporarily or permanently, subject to the provisions of the Indian Copyright Act, 1957, and the Information Technology Act, 2000, and as we deem fit or in compliance with the orders or directions of the court (if applicable) and we shall have the right, at our discretion, to remove the infringer’s account, and in either case none of our users, partners, clients or vendors (including you) shall have no right to make any claims against us for removing or blocking such content;
   2. Reporting Claims of Copyright Infringement If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:
      1. A statement that you have identified material on the Platform that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
      2. A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
      3. The country or countries to which your copyright applies;
      4. A description of the way in which the copyright material has been infringed;
      5. A description of where the material that you claim is infringing is located on our services (including a screen shot and link to the same);
      6. Your address, telephone number, and email address so that we may get in contact with you;
      7. A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
      8. A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
   3. Reporting claims of violation of other personal rights If you believe that any Content on the Platform is violative of your (or that of someone you know and are authorized to act for) privacy or other personal rights please follow the following instructions.
      1. A statement that you have identified material on the Platform that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
      2. A description of the way in which the copyright material has been infringed;
      3. A description of where the material that you claim is infringing is located on our services (including a screen shot);
      4. Your address, telephone number, and email address so that we may get in contact with you;
      5. A statement by you, made under penalty of perjury, that the notice is accurate.
   4. A complaint can be submitted by contacting us at grievance@magicpin.in. Please be sure to include responses to items i-viii of Clause (b) above (if the complaint is regarding copyright infringement) or i-v of Clause (c) above (if the complaint is regarding the violation of other personal rights). If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith. In addition, we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be repeat infringers.
4. Content in the Services and License Grant to magicpin
   1. Content. Our Services display content that is not magicpin’s. This content is the sole responsibility of the entity or person that makes it available. magicpin assumes no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Services. Many of the Services enable you to submit content. You – not magicpin – are entirely responsible for any content that you upload, post, email, transmit, or otherwise make available via the Services. We may remove and refuse to display content that violates the Terms or applicable laws or regulations, but that does not mean that we monitor the Services or review or screen any content. By using or accessing the Services you understand and agree that you may be exposed to offensive, indecent, or objectionable content.
   2. IP Ownership and License Grant. Except as otherwise provided in the specific guidelines for a Service, when you upload, share with or submit content to the Services you retain ownership of any intellectual property rights that you hold in that content and you automatically grant magicpin a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content (in whole or in part, and /or incorporate in any other works) in any manner, mode of delivery, technology or media now known or developed in the future; (b) display your Content (or part thereof, or any modification, adaptations, translations or derivative works thereto) online and offline and permit other (including without limitation magicpin’s co-brand partners) and (c) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services (e.g., for users to re-blog, re-post or download your content). You must have the necessary rights to grant us the license described in this Section 6(b) for any content that you upload, share with or submit to the Services.
5. Modifying and Terminating the Services; Terminating Accounts; Amendment of the Terms of Use
   1. We are constantly innovating, changing and improving the Services. We may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.
   2. You can stop using the Services at any time. You may cancel and delete your account at any time here. However, you continuing to use the app constitutes your consent to us collecting data, mentioned within the terms, and processing the same.
   3. You can withdraw consent to the use and/or processing of your personal data by contacting us at care@magicpin.in and we shall remove the same shortly.
   4. We may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
   5. If your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
   6. We may amend these Terms at any time by informing you of the amended terms via email to your email address. Such amendments will be effective when we email a notice of the amendments to you. Alternatively or additionally, we may display amended terms to you when you access the Platform, in which case such terms shall be effective when they are posted on the Platform.
6. Force Majeure
   1. Without prejudice to any other provision herein, magicpin shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond magicpin’s control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of magicpin’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
7. Our Warranties and Disclaimers
   1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAGICPIN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY “MAGICPIN ENTITIES”) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND MAGICPIN EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
   2. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
8. Limitation of Liability
   1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT MAGICPIN ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. MAGICPIN ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. MAGICPIN ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT MAGICPIN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.
   2. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGICPIN ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES.
9. Community Standards and Guidelines
   1. Our primary objective is to empower people to discover and engage with other people, places and communities in their neighbourhood. We believe that You, as a User, play the most important role in helping us do this every day – this is your platform. Every day, people come to magicpin to share their moments, discover and connect with new friends and earn rewards for spreading more magic, subject to reasonable restrictions.
   2. magicpin is about local, social communities. This is the reason we recommend all users to post, share and recommend content specific to places and experiences in their neighbourhood. The follow guidelines will help everyone build a better community around them:
      1. We recommend you to complete your profile – this will help other users discover, and engage with you based on similar interests.
      2. The User is encouraged to post and share your moments at restaurants, salons, clubs, and other interesting places in your locality, with their stories in caption. Please always add the relevant location in context to the post.
      3. Putting up posts which capture the essence of the place and their experiences will help your fellow users understand the outlet better.
      4. The User is also encouraged to ask questions about different places and experiences and get feedback and reviews from co-users on the platform.
      5. Liking posts randomly (people at their homes, not in proper dresses, hazy pictures, not looking at the camera) is discouraged.
      6. Comments to a post not pertaining to or related to the post, person, place or their review on the experience are also discouraged. Please try and make the comments interesting so that other users also look up to you and want to stay in touch with you.
      7. Posting any misleading links in comments, and content that expresses obscenity, vulgarity, hatred, racism, or gratuitous violence is prohibited, and will face disciplinary action, including but not limited to permanent ban.
   3. General Code of Conduct: magicpin wishes for each User to have a safe and pleasant experience while on our platform. As a user of the magicpin app you should uphold these following codes of conduct inter alia, subject to periodic review and change by magicpin, as this is your app and your community:
      1. You will not threaten, stalk, defame, defraud, degrade, victimize or intimidate an individual or group of individuals for any reason.
      2. You are responsible for any interaction with other users.
      3. You agree that you will not collect any personal information of other magicpin users.
      4. You must not use the service for any illegal purpose.
      5. You must not try to restrict other users from using the app.
      6. You may not reproduce, copy, or redistribute the design or layout of this website or mobile application, individual elements of the website or mobile application design, or our logos without our express written permission.
10. Privacy Policy

    The information we learn from customers helps us personalise and continually improve your shopping experience at magicpin. We use your information to assist in handling a variety of matters including but not related to , communicate with you about vouchers, products, services and promotional offers, update our records and generally maintain your accounts with us, display content and recommend merchandise and services that might be of interest to you. We also use this information to improve our platform, prevent or detect fraud or abuses of our website and enable you to have a grand experience. We use Cookies and Device Data that allow us to connect your activity within the Platform with other information we store about you in your profile or as related to your interactions with the Site. We collect information to provide better services to all our users – from figuring out basic stuff such as which language you speak, to more complex things like which services you find helpful or which services are available in your current location. The information magicpin collects, and how that information is used, depends on how frequently you use our services and how you manage your privacy controls internally within your device. We use the information we collect to customise our services for you, including providing recommendations and personalised content. We will ask for your explicit consent to share any sensitive personal information. Additionally, we will also ask for your consent before using your information for a purpose that isn’t covered in this Privacy Policy.

    1. User Information
       1. The Application obtains the information you provide when you download and register the Application.
       2. When you register with us and use the Application, you generally provide (a) your name, email address, phone number and other registration information; (b) transaction-related information, such as when you make purchases and/or upload a selfie, respond to any offers, or download or use any applications from us; (c) information you provide us when you contact us for help; (d) any other information you enter into our system when using the Application, such as contact information and project management information.
       3. The Application may also collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, circle of the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
       4. We may use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions and also improve your activities on our platform such as posting in our forums, liking posts, sending feedback, and responding to surveys. If you choose to share data about yourself via your profile, chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application. magicpin shall not be liable for any data that you had chosen to disclose yourself in this public space.
       5. We may also use your personal information to improve our services and user experience on the Application, to enforce our legal rights as permitted under law, and otherwise with your consent.
       6. You may restrict our access to such information by terminating your account on magicpin or removing magicpin’s permission to access the same by directly disabling the same on your phone. The User may note that the latter may severely restrict magicpin’s ability to provide a personalised feel to the Platform.
    2. Geo-Location Information
       1. We collect information about your location when you use our services, which helps us in determining the merchants and outlets near you where magicpin vouchers can be used or cashback can be availed. Your location can be determined with varying degrees of accuracy by: (a) GPS; (b) IP address; (c) Sensor data from your device; (d) Information about things near your device, such as Wifi Access Points, cell towers and Bluetooth enabled devices.
       2. We may request access or permission to and track location-based information from your mobile device while you are using the Application, to provide location-based services. We may also collect the precise location of your device when the app is running in the foreground, background, or even if you are not directly using the application depending on your device and its settings. Your device, as well as the magicpin mobile app, provides you with options to control how and when we collect your geolocation. This is only to better the User’s experience on the magicpin Platform.
       3. You may be able to disallow our use of certain location data through your device or browser settings, for example, by disabling “Location” services for the magicpin application in your device privacy settings. By allowing magicpin access to the same the User acknowledges and accepts that magicpin shall be aware of the User’s Geo-Location at any time. If you wish to change our access or permissions, you may do so in your device’s settings.
    3. Contacts Information
       1. Please note that no other contacts information other than the phone numbers and thereto attached names and email addresses will be collected and used from Your address book. Other numbers or information that may be contained in your address book will be filtered away by our safety algorithms and will therefore not be collected by magicpin. Please also note that You can always choose not to share Contacts Information with magicpin.
       2. Friends on magicpin help you discover the coolest things in town. From best food outlets to best picnic spots, your connects keep you up to date with latest trends.
       3. When you turn on phone contacts uploading, information from your phone contacts will be continuously uploaded. This makes it easier to find the people you already know.
    4. Financial Information
       1. Availing the services offered by magicpin can at times involve the collection of sensitive financial information including but not limited to linking with mobile wallets, entering credit/debit card details, password, etc to facilitate payment for the respective service. You acknowledge and accept that linking magicpin with relevant mobile wallet or bank account helps in making the experience better and thereby expressly consent to magicpin’s collection and subsequent processing of such financial data.
       2. The financial information we learn and gather from you is used to link magicpin with your preferred mobile wallet, verify your identity to permit you to undertake transactions (including to facilitate and process payments) in connection with magicpin, communicate with you about any promotional offers, services or updates associated with magicpin, conduct analysis on the users’ spending capability and generally maintain your accounts with us. No information collated while carrying out the above is shared with or sold to a third party by magicpin and is strongly protected. You acknowledge and accept that the above activities that involve magicpin’s use of your financial information is to improve your experience on the magicpin platform and hereby provide magicpin consent for the same.
       3. We work to protect the security of your information during transmission by encrypting all financial information, including passwords, you input in addition to maintaining security of such information. User authentication is handled by magicpin through authentication tokens that is reset on every fresh one time password validation. We reveal only the last four digits of your credit / debit card numbers while making payment. Of course, we transmit the entire credit / debit card number to the appropriate credit / debit card company or the concerned bank for processing of the transaction.
       4. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of such sensitive personal information.
       5. You may disable magicpin’s access to the same remotely on the magicpin Platform or contact us at care@magicpin.in.
    5. Health Information
       1. If while purchasing any healthcare product or services, you upload the invoice of the same or use magicpin voucher(s) or magicpay to purchase the same, magicpin would gain access to information on such invoice(s) which may include your sensitive personal health information.
       2. You hereby expressly consent to magicpin gaining access and storing such information and processing the same in the manner set out in these terms.
       3. magicpin shall have the rights in the above clause (b) unless you expressly withdraw the consent you have given us, by contacting us with such request at care@magicpin.in.
    6. Third Party Access to User Information
       1. We will share your information with third parties only in the ways that are described in this privacy statement.
       2. We may disclose User Provided and Automatically Collected Information unless consent to the same has been specifically withdrawn by the User.
       3. We will not share your contact information at any point without your prior content, but your selfies, comments and other actions specific to our system might be visible to other users and merchants on the platform. However, without your prior consent such users will not have access to your contact information. You, as a User, have the ability, to remove your information from the system and to restrict our access and use of your personal data;
       4. We shall provide all information that is to be provided when required by law, such as to comply with a summons, or similar legal process as well as when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
       5. Our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement and apply data protection measures, at least equal to those set out below in the section “Data Security Measures”.
       6. If in the event that Samast Technologies is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
       7. We also may share data that is not linkable to a particular consumer or device (for example, information that has been aggregated with other records) for general business purposes.
    7. Data Security Measures
       1. magicpin takes security of your data very seriously. We work hard to protect information you provide from loss, misuse, and unauthorised access or disclosure.
       2. We maintain commercially reasonable and standard measures to maintain information security and prevent it from unauthorized access. However, given the nature of communications and information processing technology, magicpin cannot guarantee that any information, during transmission through the internet or while being processed, will be absolutely safe from intrusion by others.
       3. If magicpin becomes aware of any breach of security of your information, We will notify you using the email address that We have. If you do not agree to the terms discussed above, you may exit magicpin or stop using the same. When you access Our App, you acknowledge that you have read and agreed to abide by the terms described above.
    8. Data Retention Policy
       1. We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter.
       2. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate.
       3. If you would like us to delete User Provided Data that you have provided via the Application, please contact us at care@magicpin.in and we will respond in a reasonable time.
       4. The User must note that some or all the User Provided Data may be required in order for the Application to function properly.
    9. Tracking Technologies
       1. We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Application to help customize the Application and improve your experience. When you access the Application, your personal information is not collected using tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies but be aware that such action could affect the availability and functionality of the Application.
       2. The Application may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Application, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Application.
    10. Release of User Information: We release account and other personal information when we believe release is appropriate to comply with applicable law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of merchants, our users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice
    11. Disclosure of Information
        1. to report or collect on payments owed to Sellers, merchants or other business partners;
        2. as necessary to perform contractual obligations towards you with merchant to the extent you have purchased or redeemed a voucher for goods or services offered by a merchant or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or the Sellers on behalf of a merchant;
        3. in case of a merger, acquisition or reorganization with a purchaser of our company or all or substantially all of our assets;
        4. to comply with legal orders and government requests, or as needed to support auditing, compliance;
        5. to combat fraud or criminal activity, and to protect our rights or those of our affiliates, business partners and users, or as part of legal proceedings affecting magicpin;
        6. in response to a legal process, including to law enforcement agencies, regulators, and courts; or
        7. with your consent or as otherwise required or permitted by law.
    12. User Opt-out: The User can choose to stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at care@magicpin.in.
    13. magicpin shall not engage in any use of the Application to knowingly solicit data from or market to children under the age of 13. While it is our constant endeavour to show minors only age-appropriate content through various internal checks, such as age verification at the time of registration, directly or through Facebook, Community Guidelines and others that are updated periodically, if a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at care@magicpin.in. We will delete such information from our files within a reasonable time.
    14. You may at any time review or change the information in your account or terminate your account. If your magicpin user account is terminated or deleted, access to your username, password, and all related information, files, and content associated with your account shall be terminated. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
    15. By using or continuing to use magicpin, you agree to our use of your information (including your personal information and/or your sensitive personal data or information) in accordance with this Privacy Policy, as may be amended from time to time by magicpin in its discretion. You also agree and consent to us collecting, storing, processing, transferring and sharing information (including sensitive personal data or information) related to you with third parties or service providers for the purposes as set out in this Privacy Policy.
    16. You may contact us at care@magicpin.in if you wish to obtain: (a) confirmation on whether your respective Personal Data has been processed or is being processed; (b) brief summary of your respective Personal Data that has been processed or is being processed; and (c) brief summary of the Terms. You may also contact us if you wish any respective information to be corrected or removed or deleted.
11. Direct Payment Facility
    1. The User may, if easier, opt to make direct payment of such purchase price to magicpin for the purchased goods or services (“Direct Payment Facility”). In the event that You make any payment in the above-mentioned manner, magicpin shall be deemed to be the agent of the respective merchant authorised to collect such purchase price from You on behalf of the merchant.
    2. Any and all communication by magicpin or the merchant regarding the Direct Payment Facility, whether to magicpin users, your customers or clients, our respective vendors, employees or agents, governmental authorities or any other person or entity whatsoever shall clearly indicate that magicpin is acting purely as an agent in relation to the Direct Payment Facility
12. Feedback

    You agree that any recommendation, idea, proposal, suggestion, feedback or other input (“Feedback”) you submit to magicpin related to its services, websites, apps, or technology may be used by magicpin without any notice, obligation, restriction, reimbursement or compensation to you and you waive (or agree not to enforce) any and all rights that may now or in future exist (including moral and equivalent rights) in any Feedback.

13. magicpin Loyalty Rewards Programme
    1. To make the magicpin experience more fun and fulfilling we have a discretionary unique reward programme for our loyal users. When you purchase any product or service from any of our participating merchants and you verify the transaction on the magicpin app by uploading your selfie clicked at the merchant outlet and the bill showing the date and the amount, and take such other steps as many be instructed on the app, certain reward points are added to your account.
    2. You may use the points in your account to purchase vouchers issued by magicpin which you may use at specified locations as indicated at the time you purchase the voucher. Presently magicpin sells vouchers which can be used at merchants such as McDonald's, Pizza Hut, Hard Rock Cafe, BookMyShow, Flipkart, Myntra, etc.
    3. The reward programme is being offered at our discretion and we reserve the right to cancel or discontinue the reward programme and/or change the terms of the programme, without any liability whatsoever to you. You agree that you shall have no rights or claims of whatsoever nature against us in such event.
    4. If you have any questions regarding the rewards programme, write to us at care@magicpin.in.
14. About these Terms
    1. Third Party Beneficiaries and Conflicts. These Terms control the relationship between magicpin and you. They do not create any third party beneficiary rights. If there is a conflict or inconsistency between the terms in this document and the additional terms associated with a particular Service, the additional terms will control solely for that conflict or inconsistency.
    2. Modification of the Terms. We may modify the Terms from time to time to keep in compliance with current law as well any future legislations that aim to protect information and privacy. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should look at the Terms regularly. We will provide notice (in accordance with Section 3(c) above) of material modifications.
    3. Continued Use of the Services. You may stop using the Services at any time, but your continued use of or subscription to a Service after the effective date of any modifications to the Terms means that you agree to the Terms as modified as well as consent to magicpin’s collection and processing of User data.
    4. Waiver and Severability of Terms. The failure of magicpin to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, magicpin and you nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
    5. Assignment by magicpin. magicpin may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring (for example, mergers or liquidations).
15. Indemnification
    1. You agree to defend, indemnify, and hold harmless magicpin and all magicpin Entities from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you on the platform, or any use of the platform in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable laws or rights of a third-party.
    2. You are solely responsible for your interactions with merchants as well as other users on the platform. To the extent permitted under applicable laws, you hereby release magicpin from any and all claims or liability related to any product or service of a merchant, 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 any conduct, speech or User Content, whether online or offline, of any other third-party.
16. Grievance Redressal and Dispute Resolution
    1. magicpin is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any content uploaded on the Site, you may contact our Grievance Officer, at:
       Tarun Kumar
       grievance@magicpin.in
       Plot No. 379- 380, Sector 29, Near IFFCO Chowk Metro Station, Gurugram -122001
    2. If you believe that magicpin has not adhered to this Privacy Policy (as set out under clause 10) you may write to magicpin at the following e-mail address: grievance@magicpin.in. In your email, please describe in as much detail as possible ways in which you believe the Privacy Policy has not been complied with. We will investigate your complaint within reasonable period of time.
    3. We will do our best to resolve any disputes about these Terms of Use. If you wish to bring a legal claim against us, these Terms, as well as all user activity on the magicpin Platform shall be governed by and construed in accordance with the laws of India.
    4. You agree that all claims, differences or disputes arising under or in connection with or in relation hereto the magicpin Platform, the Terms, relating to or in connection with these Terms, or transactions entered into on or through magicpin, or any content uploaded on the magicpin Platform or the relationship between User and magicpin shall be subject to the exclusive jurisdiction of the courts at Delhi and the User hereby accedes to and accepts the jurisdiction of such courts.
17. Cancellation and refund policy:
    1. Cancellation due to reasons not attributable to magicpin, that is, in the event you provide incorrect phone numbers, delivery address, or that you were unresponsive while either of our team or the rider team tried to reach out or, not reachable or unavailable during the delivery of the services offered to you, shall be non-refundable in nature.
    2. There may be cases where magicpin is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to magicpin, Restaurant Partner/Store or Delivery Partner. In such cases, magicpin shall not charge a cancellation charge from you. If the order is canceled after payment has been charged, you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
    3. No replacement / refund / or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission. We will need to verify the details from the store before we proceed with any refund.
    4. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided. In the absence of the proof, magicpin will not consider the request as valid request and refund or replacement will not be provided in such cases.
    5. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.
    6. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.