SKRILO TERMS AND CONDITIONS – WEBSITE

This website is the property of Skrilo Limited (“Skrilo”) with a registered address at Floor 4, Willow House, Cricket Square, P.O. Box 2804, Grand Cayman KY-1112, Cayman Islands. Skrilo is the developer of a Mobile Application (“Application”) and related products for use on mobile or media platforms (“Products”). Together, the Application and Products are called “Product.” Skrilo reserves the right to discontinue any aspect of the Skrilo Product at any time.

If you are an individual consumer and potential user of the Product, please view the terms and conditions governing the use of the Product on your mobile device.

If you are a merchant or business seeking to avail Skrilo’s Product to disseminate messages, advertisements, promotions, coupons or information (“Messages” or “Messages”) about your product or services (or those of a third party sponsor who has authorised you to engage Skrilo (a “advertiser” or “client”)) as part of a marketing campaign to be conducted by Skrilo on your behalf (“Service” or “Services”), please read the following terms and conditions governing the use of our Product for your campaign (s):

  1. Your Acceptance:
  2. Unless varied by direct bi-lateral contracts between the parties, acceptance of these terms and conditions constitutes a binding, legal agreement between you ("you", "You" or "your"), a user of the product and service described herein and Skrilo and/or any of its subsidiaries. (“Skrilo”, “we”, “our”, or “us”). These Terms and Conditions and conditions (“Terms and Conditions”) govern the Application and related Products on any mobile or media platforms (“Products”) and the Services requested by you of Skrilo. Together, the Application and Products are called “Product.” BY REQUESTING THE SERVICES AND USING THE SKRILO PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE SKRILO PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these Terms and Conditions, you may not use the Product and should not request Skrilo to provide the Services. Should there be any conflict between these Terms and Conditions and any bi-lateral contractual terms, such contractual term(s) shall govern.
  3. Skrilo Offering:
  4. The Skrilo Product allows an individual user of the Product, without any payment of any kind, to be eligible to be entered into an algorithmic generated free prize draw or draws every time that person clicks on a message from a sponsor. Each clickable action to a sponsor message adds to an entitlement towards the periodic free prize draw (a “Chance” or “Chances”). The individual may also receive (with no payment to Skrilo) merchant or third party coupons (“Coupons”) which can be used in transactions with merchants either online or in stores but away from the Skrilo eco-system. The sponsor messages can be viewed voluntarily at the individual’s discretion and there is no obligation to do so. Skrilo offers equal opportunities for accruing free Chances across its subscriber base. However, the Chances need to be collected within a limited time period (typically 24 hours) from having received a notification of a potential chance before they expire. The Chances accrued by an individual relative to the total chances accrued by all participants in a country in a given period determine the probability of winning a prize in that period.
  5. Skrilo Gateway:
  6. Skrilo shall provide a web based access for you to upload the Messages and or other information about your products or services via this Skrilo website (“Site”). All content uploaded shall be conceived and created by you or your authorised agents (or on behalf of other advertisers or clients of yours from whom you have complete authority to place such Messages) for uploading through Skrilo’s gateway. You agree that any content uploaded shall not contain misleading or false or inappropriate statements or images and shall indemnify Skrilo for any damages or losses as a result of such false, misleading or inappropriate statements or images if so transmitted inadvertently by the Skrilo Product.
  7. Skrilo Access:
    1. Subject to your compliance with these Terms and Conditions, Skrilo hereby grants you permission to use the Service, provided that: (i) the Product is approved for download and use in the country or jurisdiction in which you wish to run your marketing campaign (ii) your use of the Service or Product as permitted is solely for your business use, and you are not permitted to resell or charge others for use of or access to the Service or Product, or in any other manner inconsistent with these Terms and Conditions; (iii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service or Product in any medium without Skrilo's prior written authorisation; (iv) you will not attempt to reverse engineer, alter or modify any part of the Service or Product and (v) you will otherwise comply with these Terms and Conditions and Privacy Policy.
    2. In order to access and use the features of the Product via our Services, you acknowledge and agree that you will have to provide Skrilo with certain information about your business and or company and or client. When providing this information, you must provide accurate and complete information and you must ensure that this information is maintained accurately and completely and that you agree to immediately inform Skrilo of any changes in such information. If you are a new user of the Service, Skrilo shall contact you to seek any additional information necessary to allow Skrilo to open a web based account for you to access our gateway.
    3. Upon opening of an account, Skrilo shall provide you with an unique user login. Multiple user log ins can be set up under one account but under the control of one dedicated administrator within your business or company. Skrilo reserves the right, with sole discretion, to suspend, ban, or terminate any duplicate accounts and your participation in the Skrilo Service or Product if and when we find duplicate accounts which have not been appropriately vetted or logged. [ One account of users has multiple end clients/advertisers?]
    4. Once you wish to upload any content, please log in to your account and follow the steps. Any content shall first undergo an internal approval process within Skrilo which shall be done online or can be done directly with Skrilo. Before Skrilo finally approves any content for publishing your account must be with funds to cover the amount and extent of publishing that the Service requires. [The price for such Services are set out in the merchant portal or as to be agreed directly with Skrilo]. Payment can be made to the account details as set out therein including through bank transfer, Paypal, Paytm or credit card.
    5. Skrilo offers you the flexibility to create or re-run as many campaigns and formats as you deem appropriate. The Skrilo gateway empowers you to do so with your unique login. The sponsor message is designed to promote your brand and awareness of your business and your products or services with consumers. It may be wrapped along with options to either create a feedback loop for consideration, sales lead to a customer call, or a coupon offering.
    6. Skrilo agrees to allow you to access the aggregate level data analysis and demographics of the consumers who have engaged in your sponsor campaigns. This information shall be aggregated under one account. The information remains the property of Skrilo and it cannot be disseminated or published outside your business or referenced in any articles or market reports written by you, your employees, officers or any other party without the express written consent of Skrilo.
    7. You will honour all coupons, incentives, promotions, goods or services offered to users of our Product and provide such consumers with the goods, products and/or services that are promised or offered under the terms specified.
    8. You are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of Messages you have placed and termination of your account.
    9. If you are placing Messages on behalf of other advertisers or clients, each advertiser or client must be managed through [your] account. You are responsible for ensuring that each advertiser or client complies with these Terms and Conditions.
    10. We reserve the right to reject, approve or remove any Message for any reason, in our sole discretion, including messages that negatively affect our relationship with our users of the Product or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
    11. Messages must not constitute, facilitate, or promote illegal products, services or activities. Messages or advertisements must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on any particular groups targeted.
    12. Messages must not promote the sale or use of the following:
      1. Illegal, prescription, or recreational drugs;
      2. Tobacco products and related paraphernalia;
      3. Unsafe supplements, as determined by Skrilo in its sole discretion;
      4. Weapons, ammunition, or explosives; or
      5. Adult products or services (except for Messages for family planning and contraception).
    13. Additionally, Messages must not contain any of the following:
      1. Content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
      2. Adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
      3. Content that suggests or implies physical violence or discrimination of any kind or is shocking, sensational or disrespectful.
      4. Deceptive, false, or misleading content, including deceptive claims, offers or business practices.
      5. Content that exploits controversial political or social issues for commercial purposes.
      6. Content that promotes real money gambling online or otherwise.
  8. Self Service Advertising:
  9. The following terms apply to your use of the self-service advertising interfaces and APIs for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content and any order you place through the merchant portal on the Site (“Order”).
    1. When you place an Order, you will tell us the type of Message(s) you want to buy, the amount you want to spend and or the time period at the price set out or as to be directly agreed. If we accept your Order, we will deliver your Messages as inventory becomes available.
    2. In instances where we believe doing so will enhance the effectiveness of your campaign, we may broaden the targeting criteria you specify.
    3. You will pay for your Orders in accordance with our payment terms set out on the Site or in these Terms (or as directly negotiated with you). The amount you owe will be calculated based on our tracking mechanisms of clicks. [You will receive a detailed summary of the spending at the end of your campaign or earlier if so agreed beforehand].
  10. Message Content:
  11. The following terms apply to your use of the self-service advertising interfaces and APIs for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content and any order you place through the merchant portal on the Site (“Order”).
    1. We will determine the size, placement, and positioning of your Message(s). Your Message shall go through an approval process and we shall screen out any prohibited content.
    2. We do not guarantee that the Message will be delivered with the exact same quality as it was created and delivered to us as it shall be delivered relying on third party telecommunication providers.]
    3. [We do not guarantee the activity that your Messages will receive, such as the number of clicks your Messages will get.]
    4. We cannot control how clicks are generated on your Message(s). [We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running the Messages].
    5. You can cancel your Order at any time through our online portal, but it may take up to [24] hours before the Messages stops running. You are responsible for paying for all Messages that run. [Any unused monies shall remain in your account for future use].
    6. Our licence to run your Messages will end when we have completed your Order.
    7. We can use your Message(s) and related content and information for marketing or promotional purposes.
    8. You will not issue any press release or make public statements about your relationship with Skrilo without our prior written permission.
    9. We may reject or remove any Message for any reason.
    10. If you are placing Messages on someone else's behalf, you must have permission to place those Messages, including the following:
      1. You warrant that you have the legal authority to bind the ultimate advertiser or client to these Terms and Conditions;
      2. You agree that if the ultimate advertiser or client you represent violates these Terms and Conditions we may hold you responsible for that violation.
  12. Confidentiality:

    Both parties agree to keep all discussions and terms of this business arrangement confidential.

  13. Payments:

    Unless otherwise agreed you agree to pre pay for the Messages for the duration of the campaign before we run the campaign and to fund your account by payment through paytm, paypal, wire transfer, credit card or other funding mechanism agreed with us. Should any attempt to fund your account by any mechanism fail, you shall be liable for any charges incurred if any. You are liable for payment of any service and value added taxes for the services we provide and you agree to indemnify us for any such non payment. If your account (unless pre agreed otherwise) is underfunded at any point and, in shortfall, you agree to pay such shortfall immediately. In the interim we reserve the right to charge interest at the current market rate plus [2%]

  14. Limited Liability:

    Pursuant to your acceptance of the terms herein (which shall constitute an agreement between us), Skrilo shall be publishing the campaigns inclusive of any value added services described earlier via our Application. Dissemination of your Messages or information may include providing a link to your corporate website, third party website, your own or third party mobile applications and/or the offer to communicate information or delivery of a product or service by your client to the Application user. The client assumes the responsibility of any such follow-on engagement with the Application user unless otherwise specified. You agree that:

    1. You or the client will provide complete and accurate information as may be requested in connection with your marketing campaign and will maintain the accuracy of such information throughout any campaign;
    2. You will honour all coupons, incentives, promotions, goods or services offered to users of our product and provide such consumers with the goods, products and/or services that are promised or offered under the terms specified;
    3. You will not knowingly make false or misleading advertisements or make mis-representations or offer defective products or services;
    4. You accept responsibility of any user complaints and customer service issues that may arise from such coupons, incentives, promotions, goods or services offered or provided;
    5. Skrilo cannot be and will not be in any way liable for any loss or damage or claim arising from your failure to comply with the above requirements or any applicable law or regulation governing your business.
  15. Indemnity:

    You agree to indemnify and hold harmless Skrilo, its’ affiliates and related entities and any of their officers, directors, employees and agents against any losses, damages, costs, expenses, claims, actions (and any related lawyers’ fees and costs) arising from Skrilo providing its’ services hereunder including but not limited to any claim arising out of or relating to the coupons, incentives, promotions, goods or services offered or provided by you to users of Skrilo’s Product.

  16. Automated Systems and Use of Information:

    You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Product in a manner that sends more request messages to the Skrilo servers in a given period of time than a human can reasonably produce in the same period by using a Skrilo application, and you are forbidden from ripping the content unless specifically allowed. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Skrilo clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the Skrilo Site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Product, nor to use the communication systems provided by the Product for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Product.

  17. Third Party Content and Experience:
    1. General: Information provided via rich media uploads from you constitutes third party content on our Product platform or may include links to third party websites that are not owned or controlled by Skrilo. Skrilo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Skrilo will not and cannot censor or edit the content of any third-party site. By using the Product, you expressly acknowledge and agree that Skrilo shall not be responsible for any damages, claims or other liability arising from or related to an individual user of your or any third-party website.
    2. Offensive Content: Skrilo does not support or encourage illegal consumption of alcohol or tobacco, physical violence, pornography, and discrimination of any kind. If you are aware of any offensive or inappropriate content on the Skrilo platform, you are encouraged to report such incidents to Skrilo. The contact information will be available on the Skrilo Site.
  18. Intellectual Property Rights:

    The design of the Skrilo Product along with Skrilo created text, scripts, graphics, interactive features and the like and the trademarks, Product marks and logos contained therein ("Marks"), are owned by or licensed to Skrilo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Product is provided to you AS IS for your information and personal use only. Skrilo reserves all rights not expressly granted in and to the Product. You agree to not engage in the use, copying, or distribution of any of the Product other than expressly permitted herein, including any use, copying, or distribution of services of third parties obtained through the Product for any commercial purposes. [Any intellectual property rights within any Message shall reside with you unless expressly agreed otherwise or the Message has been created by Skrilo on your behalf].

  19. Warranty Disclaimer:

    YOU AGREE THAT YOUR USE OF THE SKRILO PRODUCT VIA OUR SERVICES SHALL BE AT YOUR SOLE RISK. OUR SERVICES OR PRODUCT ARE AVAILABLE TO YOU ON AND "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SKRILO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, RELATED BUT NOT LIMITED TO THE OPERATION AND USE, SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, AND TIMELINESS OF THE PRODUCT. SKRILO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS PRODUCT'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PRODUCT, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCT THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, MESSAGED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKRILO PRODUCT OR SERVICE. SKRILO HAS NO AFFILIATION WITH AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SKRILO PRODUCT OR SERVICE ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SKRILO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY MERCHANTS OR PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SKRILO DOES NOT WARRANT THE MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS; ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF ADVERTISED PRODUCTS OR SERVICES. WE DO NOT SUPPORT FALSE OR MISLEADING ADVERTISEMENTS. WE SHALL TRY TO FILTER OUT INAPPROPRIATE CONTENT BUT WE SHALL NOT BE LIABLE IF YOU ARE OFFENDED BY THE CONTENT, WORDING, MUSIC, IMAGES, INFERENCES OR IMPLICATIONS OF ANY ADVERTISEMENT, VIDEO, COUPON OR OFFER VIEWED THROUGH THIS PRODUCT OR SERVICE.

  20. Limitation of Liability:

    IN NO EVENT SHALL SKRILO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT VIA PROVISION OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCT BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKRILO PRODUCT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS AND CONDITIONS OF PRODUCT OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SKRILO SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN ADDITION, YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL LIABILITY CLAIMS AGAINST SKRILO RELATING IN ANY WAY TO YOUR USE OF THE PRODUCT VIA THE SERVICES, ANY PRIZE WINNINGS OR THE USE OF THIRD PARTY OFFERS SUCH AS COUPONS.

  21. Indemnity:

    You agree to defend, indemnify and hold harmless Skrilo, it's officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Skrilo Product or Services; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Skrilo Product or Services. Some jurisdictions do not allow the disclaimer or limitation of liability, so the above limitation may not apply to you.

  22. Assignment:

    These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skrilo without restriction.

  23. General:
    1. Jurisdiction: Skrilo will prohibit any downloads of the Product in countries where the offering is not permissible by law and thereby only offer the Services if individuals can use the Skrilo Product if and only if the potential to win without any monetary consideration is permitted in that jurisdiction. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
    2. Fraudulent Behaviour: In our sole discretion, Skrilo may forcibly close your account and ban participation if we observe suspicious or fraudulent activity including modification, distribution, reverse engineering, creative derivative works of the Application and Product. You agree to notify us immediately of any unauthorised use of your account, and that we are not liable for any loss that may incur as a result of someone using your password and account. Furthermore, Skrilo may in our sole discretion suspend/ terminate your account. We cannot take responsibility for any actions by any of your employees who have access to your account. You are responsible for any such actions or misuse of the account.
    3. Risks: You as the user assume all risks when using the Services, including but not limited to all the risks associated with any online or offline interactions with other users through the Skrilo Product or Service. You agree to take all necessary precautions when and before meeting any individual or business.
    4. Applicable Law: Any disputes and claims related to these Terms and Conditions and any additional terms and conditions, Product, Site, or Application shall be subject to the laws of England and Wales. You hereby consent to the exclusive jurisdiction and venue of the courts of England and Wales, in all disputes arising out of or related to the use of this Product or the Service.
    5. Arbitration: You agree that any and all disputes related to these Terms and Conditions (and additional terms and conditions) shall be resolved individually, exclusively, and confidentially by a single arbitrator pursuant to the arbitration rules of England. Confidential information shall not be included unless required by the arbiter, in which case all measurable actions shall be taken to prevent disclosure of confidential information. Any arbitration proceedings shall take place within one year of the claim and all administrative costs of the proceedings will be equally shared between the parties. You agree that a proceeding commenced after this date is prohibited. Any reward rendered is final.
    6. Severability: If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
    7. Force majeure: Skrilo shall have no liability if, due to circumstances beyond the control of Skrilo, there is a disruption to its’ business operations as a result of an act of God, flood, fire, earthquake, war, a terrorist act or technology failure and the Product or Service is not available.
    8. Ownership: Copyright law, trademark law and other laws of England and other countries protect our Product and all of its contents. This includes but is not limited to text, photographs, graphics, video and audio material, software, user interface, fonts, Skrilo logos, titles, characters, Product, names, and button icons (collectively Intellectual Property). The Intellectual Property is owned or controlled by Skrilo. Any trademarks, Product marks, product names and company names or logos appearing in any part of our Product that are owned by Skrilo and its’ affiliated parties may not be used without express written permission from Skrilo.
    9. Modifications: We reserve the right to modify the Skrilo Product (and as a consequence the Services) and these Terms and Conditions at any time without prior notice to you. You acknowledge and agree that it is your responsibility to review the Terms and Conditions regularly. Your continued use of the Skrilo Application or Product or Services after such modifications will constitute acknowledgement of the modified Skrilo Product and/or Services and/ or Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions. We also reserve the right to suspend or terminate the Product (and as a consequence the Services) at any time, in our sole discretion, without liability or compensation to you (other than re-imbursement of unused monies in your account).
    10. Special Note to Users: The Skrilo Site and Product shall be hosted in one or more countries such as in India and the United States and are intended for and directed to users in the countries where the Application is legally able to be downloaded as currently listed on the Skrilo Site. If you are a user accessing the Skrilo Site and Product from any other country or region with laws or regulations governing data collection, use, and disclosure, that differ from the laws where the Skrilo Site and Product is lawfully able to be accessed, please be advised that through your continued use of the Skrilo Site and Product, which are governed by English law, the Privacy Policy set out herein, and our Terms and Conditions of Product, you are transferring your information to our servers and you expressly consent to that transfer and consent to be governed by English law for these purposes.

PRIVACY POLICY

Skrilo Limited ("Skrilo") recognises that its’ customers, visitors and users, want to know their privacy rights. Skrilo provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Skrilo Site, Skrilo software and/or the Skrilo Product. If you do not agree to our practices, please do not use the Skrilo Site, Skrilo software, or Skrilo Product.`

This Privacy Policy is incorporated into and is subject to the Skrilo Terms and Conditions. Your use of the Skrilo Site, Skrilo software and the Skrilo Product and any personal information you provide on the Skrilo Site or Skrilo Product remains subject to the Terms and Conditions of this Privacy Policy and our Terms and Conditions.

What Does This Privacy Policy Cover?

This Privacy Policy is part of Skrilo’s Terms and Conditions and covers the treatment of user information, including personally identifying information, obtained by Skrilo, including information obtained when you access the Skrilo’s Site, use the Skrilo Product or any other software provided by Skrilo. This Privacy Policy does not apply to the practices of companies that Skrilo does not own or control, or to individuals whom Skrilo does not employ or manage, including any of the third parties to which Skrilo may disclose user information as set forth in this Privacy Policy.

The Information Skrilo Collects
Skrilo may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

User Provided Information: 
You provide certain Personally Identifiable Information, such as your mobile phone number, any personal details as described in the profile section of the Application, deal preferences, push notification name (if applicable), billing information (if applicable), any account information, location information and mobile device information to Skrilo when choosing to participate in various uses of the Skrilo Product, such as registering as a user, updating your status or requesting status for your contacts. We may log your opt-in and opt-out behaviour to sponsor messages in order to showcase relevant deals, offers, products and services to you from our business partners.

Cookies Information: 
When you visit the Skrilo Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Skrilo may use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Skrilo Site may not function properly if the ability to accept cookies is disabled.

Log File Information: 
When you use the Skrilo Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Skrilo Product, our servers log certain general information that our Application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

The Way Skrilo Uses Information
If you submit Personally Identifiable Information to us through the Skrilo Site, or Skrilo Product, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Skrilo Site and Skrilo Product. In particular, your mobile phone number is essential to your use of the Skrilo Product and will be retained. Skrilo offers you an opportunity to engage with products and services from our sponsors by opting in via features that request for more information, request for a call-back option, or saving of coupons. However, you may opt out of any of these options and simply collect additional chances for viewing the sponsor messages. Your opt-in choice would trigger your name, email id or phone number to be shared with the sponsor, whose product or service you have expressed interest in. This is only enabled when you voluntarily wish to hear back from them. Hence, the "Send Me Info" and "Call Me Back" are options that trigger your acceptance to share the limited data with the business partner to enable your request. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Skrilo Site or Skrilo Product changes or for customer product purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Skrilo Site and Skrilo Product and to create new features, promotions, functionality, services and products by storing, tracking, and analysing user preferences and trends. We may also retain your account information to which any winnings have been transferred to ensure we have a log and history for any regulatory audits. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Skrilo Product or Skrilo Site; (b) provide custom, personalised content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When Skrilo Discloses Information
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent, except as part of a specific product or feature for which you will have the ability to opt-in or opt-out. If, on viewing a sponsor message that you wish to be called by the merchant or business for a further engagement, you understand that we will need to share your name and mobile number to enable this interaction. We may share your Personally Identifiable Information in a limited manner with third party product providers to the extent that it is reasonably necessary to perform, improve or maintain the Skrilo Product to the advantage of all stakeholders. We may share non-personally-identifiable information (such as anonymous user usage data, aggregate data insights, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, products, advertisements, promotions, and/or functionality on the Skrilo Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a government agency, court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Skrilo also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Skrilo believes, in good faith, is appropriate or necessary to enforce our Terms and Conditions, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Skrilo Site or our servers, and to protect the rights, property, or personal safety of Skrilo, our employees and users or others.

Your Choices
You may, of course, decline to submit Personally Identifiable Information through the Skrilo Site or the Skrilo Product, in which case Skrilo may not be able to provide certain products to you. If you do not agree with our Privacy Policy or Terms and Conditions please delete your account, uninstall the Skrilo mobile application and discontinue use of the Skrilo Product; your continued usage of the Skrilo Product will signify your assent to and acceptance of our Privacy Policy and Terms and Conditions. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Skrilo Product. Please contact Skrilo using our contact details available on our website with your comments about this Privacy Policy, your personal information, your consent, or your participation choices to the sponsor messages in the form of rich media.

Our Commitment To Data Security
Skrilo uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Skrilo and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Skrilo Product is not recommended. Once we receive your transmission of information, Skrilo makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Skrilo learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Skrilo may post a notice on the Skrilo Site or through the Skrilo Product if a security breach occurs.

Our Commitment To Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, Skrilo does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Skrilo Site or Skrilo Product from persons under 18 years of age, and no part of the Skrilo Product is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the Skrilo Product or access the Skrilo Site at any time or in any manner. If Skrilo learns that Personally Identifiable Information of persons under 18 years of age has been collected on the Skrilo Site or Skrilo Product, then Skrilo may de-activate the account and/or make the status submissions inaccessible.

In the Event of Merger, Sale, or Bankruptcy
In the event that Skrilo is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Skrilo Site and Skrilo Product constitutes your agreement to this Privacy Policy and any amendments.

Version: This Privacy Policy was last modified 30th October, 2015