Please read these User Terms and Conditions ("Terms", "Terms and Conditions") carefully before using our website ICREWED.COM (“our website”) and the services provided by it operated by us. ("us", "we", or "our").
Your access to and use of our website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, account holders and others who access or use our website.
By accepting these Terms to access or use our website and you agree to be bound by these Terms. If you disagree with any part of these Terms then do not access or use our website.
Who can use our website
No one under the age of 18 years is allowed to create an account with our website. So please read all terms carefully.
By using our website, you state that:
You can form a binding contract with us—meaning that if you’re above the age of 18 years and you have reviewed and agreed to these Terms; you are not a person who is barred from using our website and receiving the services under the laws of India and you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations as applicable from time to time.
Creating an account and termination
In order to access and/or use our website, you will need to register and create an account (your "Account"
) on our website. By creating an Account, you represent that you are 18 years or older and are not barred from using our website under the applicable law. When creating an Account, you may be required to provide certain Personal Information (PI
) about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.
When creating an Account, don’t:
- provide any false PI to us (including a false username) or create any Account for anyone other than yourself without such other person’s permission;
- use a username that is the name of another person with the intent to impersonate that person;
- use a username that is subject to rights of another person without appropriate authorization; or
- use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- register more than one account with the purpose of creating a “dummy” account. We shall decide at our sole discretion that the account in question is “dummy” and terminate the account.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through our website that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
We may terminate your access to and use of our website, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by logging into the account on our website and going to profile settings.
Upon any termination, discontinuation or cancellation of your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, intellectual property rights, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
You can link your Account to various webmail, social networking, and other online accounts. You shall only link your own account/s. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through our website. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
The content purchased by you shall be available on your Account and can be accessed on a maximum of up to 3 (three) devices.
Terms of Payment
We offer subscription on a monthly, 6-monthly and yearly (12- month) basis which shall be charged to your debit/ credit card, details of which shall be provided by you during creation of the account. The account shall be "automatically renewed" on expiry of the said period that you have chosen during creation of the account, unless you categorically choose not to renew your account.
You may terminate your account and/ or renewal thereof any desired point of time by deleting your account, however subscription Fees/renewal Fees shall once paid shall be non-refundable. You may change any information in relation to the payment of your account at any point of time or designate a different credit/ debit card or information thereof by updating the same on your account details.
In the event you have opted for a free trial, you hereby authorise us to charge the applicable fees on expiry of the free trial period.
Your access to your account shall be automatically suspended in the event we are unable to process the payment of applicable Fees/ renewal Fees at our sole discretion, without notice. For reactivation of your account, you agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your account.
You hereby agree to notify us of any discrepancies within fifteen (15) days after they first appear on your payment statement, they will be deemed accepted by you and we shall not be liable for any liabilities and claims of loss resulting from any such error or discrepancy.
We may change the fees and charges at any point of time, a notice whereof shall be provided to you in advance by posing on the website, when you shall be deemed to be aware of the same.
For purposes of these Terms: (i) "Content"
means any information including, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through our website; and (ii) "User Content"
means any Content that Account holders (including you) provide to be made available through our website. Content includes without limitation User Content.
We and our licensors exclusively own all right, title and interest in our website and Content, including all associated intellectual property rights. You acknowledge that our website and Content are protected by copyright, trademark, and other laws of India and any foreign countries (as applicable). You agree not to in any way remove, alter, obscure or deal with any copyright, trademark, service mark or other proprietary rights notices incorporated, included and accompanying our website.
We respect the intellectual property laws and expect our users to do the same. We in appropriate circumstances are entitled to, at our sole discretion to terminate the Account of Account holders who infringe the intellectual property rights of the holders in addition to any other remedies available under any applicable law.
The Content is that of the authors and we shall not be held responsible for any issues in such Content. Any complaints regarding such Content sent to us shall be forwarded by us to the concerned author.
Rights in user content granted by you
You are responsible for the User Content that you post on our website, including its legality, reliability, and appropriateness and conformity with the applicable laws. By posting User Content on our website, you grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any form and in any and all media or distribution methods (now known or later developed) on and through our website. We will use this license for the limited purpose of operating, developing, providing, promoting, and improving our website and the services provided by us; researching and developing new ones; and making content submitted on our website available to our business partners for syndication, broadcast, distribution, or publication outside our website. You agree that this license includes the right for us to make such User Content available to other users of our website, who may also use such User Content subject to these Terms.
You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the User Content on or through our website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person and are compliant with the applicable laws.
We don’t have an obligation to monitor your access to or use of our website or to review or edit any Content, but we have the right to do so for the purpose of operating our website, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to our website.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on our website. We are not in any manner responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms or are not in compliance with the applicable laws. You alone though remain responsible for the content you create, post, store, or send through our website and we or the authors shall not be liable for such content in any manner.
Content on our website
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sub-licensable license to access and view the Content solely in connection with your permitted use of our website and solely for your personal and non-commercial purposes.
The Content available through our website has not been verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our website or any Content on our website, relating to the quality, suitability, truth, accuracy or completeness of any content contained on our website. You acknowledge sole responsibility for and assume all risks arising from your use or reliance of any Content.
We shall not be held liable or responsible for any content being offensive, harmful or inaccurate. We cannot monitor all chats and communications between users/ account holders and users/ account holders can be exposed or be subjected to rude or offensive language or references. You agree that we shall not in any circumstances be held liable for any content or derivative loss or damage of any sort incurred or suffered in connection with our website.
Rights & Terms of our website
Subject to your compliance with these Terms, you have the right to access and use our website, for your own personal use. With respect to your use of our website, you shall not in any manner: (i) copy, modify or distribute the contents of our website for any purpose; (ii) create derivative works of the our website; (iii) make the functionality of our website available to multiple users through any means; or (iv) use our website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or the applicable laws. The use of all kinds of “boosters” or effects not obtained from us is forbidden and is not usable as such.
The purchase price paid for registering and opening an account on our website shall be non-refundable.
The service on our website may change from time to time at our sole discretion and/or we may partially or wholly stop or discontinue (permanently or temporarily) providing the such services (or features within the services), without prior notice to you. The services on our website may include advertisements, which may be targeted to the content or information on our website, queries made through our website, or from other information. The types and extent of advertising on our website are also subject to change over time at our sole discretion. In consideration for providing you the services, you agree that we and our third party providers and partners may place advertisements on our website or in connection with the display of content or information on our website.
Link to other websites
Our website may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Our website may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing our website: (i) attempt to access or search our website or download Content from our website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of our website, our computer systems, or the technical delivery systems of our providers; (iii) gather and/or use information, such as other users’ names, real names, email addresses etc available through our website to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use our website for any purpose or in any manner not by permissible these Terms; (v) violate any applicable laws, rules, regulation guidelines etc.; or (vi) encourage, assist or enable any other individual or person to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Subject to the applicable laws, you hereby agree to defend, indemnify keep indemnified and hold us harmless, our parent corporation, 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 our website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claims by a third party for damage in connection with your User Content . This defence and indemnification obligation will survive these Terms and your use of our website.
Our website and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that our website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
Neither us nor any other party involved in creating, producing, or delivering the services of our website or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use our website or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event shall our total liability arising out of or in connection with these terms or from the use of or inability to use our website or content exceed the amounts you have paid to us for use of our website or content. We shall not be held liable for any indirect or inconsequential damages. The limitations of liability set forth above are fundamental elements of the basis of the bargain between us and you.
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time and such revised terms shall be made available to you on our website, such revised terms will have to be agreed upon by you for further use and access of our website.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding our website and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding our website and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: by us (i) via email; or (ii) by posting on our website . For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ours. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at [email protected]