TERMS OF SERVICE
The website “www.trickc.com” (“Website”) owned and controlled by TRICKC Digital Marketing LLP (“Company”), a limited liability partnership firm, having its registered address at New Town Action Area-III, New Town, Kolkata-700135, West Bengal, India.
- ABOUT US
Trickc is an online digital marketing platform. We cater to customer’s world over and provide each potential customer with a sample of our work before they sign on with us. On customer satisfaction, we start the project for them for a fee. The Services offered by us include but are not limited to digital marketing, internet marketing, search engine optimization and web development services.
- SERVICES OVERVIEW
The Trickc platform provides customers with a variety of services in the area of digital marketing. Such services include but are not limited to digital marketing services, content marketing services, infographics services, website development services, aged domain selling services, Amazon SEO services, citation and local SEO services, SEO and PPC services and social media marketing services & other digital marketing services.
Further the platform shall sell products in e-commerce site as well in the future.
If You want/need to use Our services on the Website, You must create an account and register yourself on the Website. Users, if they so wish may create an account on our Website. If you create an account, you must provide your email id and choose a secure password. Please ensure that your account and registration details are up to date for communications related to your purchases from the Website.
You are exclusively responsible for the safety and protection of your username and password and any action under your account will be tacitly understood to have been committed by you. In the event you provide us with false/inaccurate details or the Company has reasonable ground to suppose that false and inaccurate information has been furnished, we hold the right to permanently suspend your usage and Website account.
Services on the Site would be available to geographies around the world and India. However, for Users availing the services on the Site outside India, the laws of that particular country/region where the User is located, shall apply.
The Site is accessible only to those above the age of 18 years, excepting those “Incompetent to Contract” under Indian Law. If You are a minor (below 18 years) and wish to use our Website, You can still do so, through Your legal guardian. However, We reserve the right to cancel Your account if we come to know that You are a minor and have registered on the website or are availing any of its Services.
Every transaction created on our Site is safe, secure and protected – data entered by the User when executing a transaction on the Website is encoded (encrypted) to protect the User against inadvertent leak to third parties. The User’s credit and debit card information are not collected, saved by or remembered by the Company in any manner. This data is submitted by the User straight to the pertinent payment portal, which is authorized to handle the information provided and is compliant with the relevant regulations and requirements of various banks, institutions and payment franchises that are associated with it.
- ACCESS & LICENSE
You have no license or sub-license, limited or not, regarding usage of the Site and downloading or changing any section of it, unless you have obtained Company’s written permission.
You are not permitted to use the Website for commercial purpose directly or indirectly; any downloading or replication of data for the enrichment of another party; or any usage of robot, information mining, or similar data collection and extraction tools.
No section of the Site may be repeated, sold, copied and then misused for any purpose without permission or consent of the Company. You may not use entrapping systems to enclose any logo, mark, or other private data (including of the Site or Company without the permission in form of writing of the Company.. You cannot try to gain unapproved entry to any part of the Site, or other system or network attached to the Site through hacking, or other illegal maneuvers.
You completely agree and undertake not to publish, show or share or upload any material which:
a. Is another’s property;
b. is unacceptably detrimental, troubling, nasty, defamatory, obscene, pedophilic or pornographic in any manner, hateful, or ethnically distasteful or illegal in some other manner;
c. Attacks minor rights;
d. Violates IP of others;
e. Breaks any law;
f. Pretending to be another person;
g. Encompasses viruses or other code, file or program designed to intrude, obliterate or limit the functioning of any computer;
h. Threatens the integrity, safety, defense, or sovereign power of our country, relations with other countries, or public stability;
i. Is misrepresentative or false in any fashion.
This may include communicating with you through other parties. The use of this Website is also your consent to receive SMS from Us at any time we deem fit. This consent is for purposes that include and are not limited to clarification calls and marketing and promotional calls. You may opt out from such communication and/or newsletters by unsubscribing on the Website, or by contacting the customer services team and placing a request for unsubscribing by sending an email to “firstname.lastname@example.org“.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, onuses and responsibilities under this document and any of our Company policies. Any communication will be made only in fulfillment of such objects, and no other calls will be made.
- PAYMENTS AND FEES
Some of the Services available on the website require a payment of fees. The Company reserves the right to change its price list, plans and to institute new charges at any time, and the same may or may not be notified to the User.
One or many of the following payment options are available on the Website:
a. Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks
b. Visa & Master Card Debit cards;
c. Bank wire
d. Other payment gateways such as Digital wallets, UPI, PayPal, Moneybooker, PayuMoney and any other payment mechanism that comes into usage in the future.
e. Net banking/Direct Debit payments from select banks in India.
- USER OBLIGATIONS
Your use of Our Website is restricted.
a. You shall not replicate or modify, distribute, disseminate, post, publish or create works from Our work, transfer, or sell any information or software obtained from Our website. If a User has our advance authorization, controlled usage may be allowed.
b. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by Us. You acknowledge and agree that by accessing or using the Website or Services, You might be showed content from other users that You may consider distasteful, indecent or otherwise objectionable. We deny any and all responsibilities/liability arising in relation to such offensive content on the Website. Additionally, You have the route of reporting such unpleasant and distasteful content.
c. Where you are given option of publishing or displaying any data/information, You must undertake to ensure that such material is not nasty, offensive, disparaging and in compliance with relevant laws. Further, You undertake not to:
i. Mistreat, annoy, intimidate, disparage, disillusion, degrade or otherwise violate the legal rights of others;
ii. Engage in any action that hinders with the use of the Website, servers, networks or the Services;
iii. Degrade any person or entity, or defame or otherwise misrepresent Your affiliation with a person or entity;
iv. Print, publish, broadcast, any information which is damaging, troublesome, profane, offensive, obscene, pornographic, pedophilic, slanderous, obtrusive of someone else’s privacy, hateful, or racially, ethnically objectionable, relating to or encouraging money laundering, lottery or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening including but not limited to the Indecent Representation of Women (Prohibition) Act, 1986;
v. Publish any material that infringes the intellectual property of other legal entities;
vi. Upload or disseminate files that contain viruses, corrupted files, or any other alike softwares that may damage the operation of the Website or another’s computer;
vii. Take any files published by another user that you know for a fact or should have known, cannot be lawfully spread in such a style;
viii. Enquire, scan or test the susceptibility of the Website or any network connected to the Website, nor breach the security or authentication process on the Website or any network connected to the Website. You cannot inverse lookup, track or try to track any data on users/visitor of the Site, to its origin, or misuse the Site or contents made accessible or presented on the site, other than Your own data, as you provided.
ix. Interject or restrict with the safety of, or otherwise cause harm to, the Website, system reserves, account, passwords, networks or server connected to or accessible through the Website or any affiliated or linked sites;
x. Gather or stock info about other users in relation with the forbidden conduct and actions set forth in this document;
xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to encourage any unlawful action or other action which trespasses the rights of this Website or right of other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside India;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
xv. Undermine the harmony, uprightness, safety, security or sovereign character of India, associations with overseas states, or public stability or cause provocation to the commission of any offence or prevent scrutiny of any offence;
xvi. Print, publish, broadcast information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
xvii. Openly or implicitly, offer/ try to offer, trade/ try and trade any article, the distributing of which is banned or regulated in any way under the provisions of any relevant laws, rules or policies that are in force at present;
xviii. Generates liability for Us or resulting in Us losing any section of services of Our internet service provider (“ISPs”) or other suppliers.
The Company is under no obligation to monitor the materials posted on the Website. We may delete or edit any content that in its sole discretion violates, or allegedly violates, any applicable law in spirit or letter, of these Terms of Service. Despite this right, YOU WILL REMAIN UNIQUELY ANSWERABLE FOR THE SUBSTANCE OF THE THINGS YOU PUT ON THE SITE AND IN YOUR PRIVATE MESSAGING. In no event shall We accept or be answerable for any substance or manner of Content posted or for any damages or claims or losses resulting from the use of substance and/or appearance of Content on the Site. You hereby consent to having all the necessary rights in and to all Content which You have delivered and all data it contains and such Content shall not infringe any proprietary or intellectual property rights of third parties or contain any slanderous, tortuous, or otherwise illegal information.
- COPYRIGHT AND TRADEMARK
The Company, and its providers and licensors specifically reserve any and all intellectual property rights in all manuscript, code, programs, products, technology, imageries, contents which may appear on the Site . Access to or use of the Website does not grant anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Company through legal means. Using the Website or its contents, including copying or storing it in whole or in part is prohibited without the permission of the Company.
You may not change, disseminate or re-post anything on the Website for any purpose. The branding, service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other branding related marks are the property of their respective owners. No trademark or service mark license is allowed in relation with the materials contained on the Website and access and use of the Website does not grant the same. Any reference on the Site to any name, marks, products or service of any third parties or any hypertext link to third party sites or data are provided merely for Your convenience and do not in any mode imply the Company’s backing or commendation of such third party links, the info on the links, its product or service.
The Company shall not be responsible for the content on any other sites and does not endorse any information therein, including content or accuracy of material on such sites. If you decide to access a link of any third party websites, please understand that you are doing so at your own risk.
- DISCLAIMING ANY ASSURANCES AND LIABILITIES
TO THE UTMOST EXTENT PERMITTED BY PERTINENT LAW YOU AGREE THAT:
THE SERVICES AND CONTENTS DELIVERED ON THIS SITE IS ON AN “AS IS” BASIS WITHOUT ANY ASSURANCE, WARRANTIES EITHER EXPRESS, INDIRECT, LEGISLATIVE OR OTHERWISE, INCLUDING THE IMPLICIT ASSURANCES OF ENTITLEMENT, NON-INFRINGEMENT, SALEABILITY OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. FURTHER, WE MAKE NO PROMISE THAT:
a. WHAT YOU REQUIRE FROM US WILL BE MET OR THAT SERVICES PROVIDED BY US WILL BE CONTINUAL, PROTECTED OR ERROR-FREE;
b. INFORMATION AND RESULTS OBTAINED FROM US WILL BE HELPFUL, EXACT OR TRUSTY;
c. ANY FAULTS OR DEFICIENCIES IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE FIXED.
WE SHALL HAVE NO ACCOUNTABILITY REGARDING THE CONTENT ARISING UNDER IP RIGHTS, SLANDER, CONFIDENTIALITY, OBSCENITY OR OTHER LAWS, TO THE UTMOST EXTENT PERMITTED BY LAW. WE ALSO CLEARLY REPUDIATE ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, ALTERATION OR UNAVAILABILITY OF ANY USER CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR DATA TAKEN FROM THE WEBSITE IS DONE ENTIRELY AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY US OR ANY THIRD PARTY.
WE SHALL NOT BE RESPONSIBLE FOR THE COMMENTS MADE BY THIRD PARTIES LIKE SERVICE PROVIDERS ON THE WEBSITE. YOU SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. WE SHALFORL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. IN THE EVENT THERE ARE ADVERTISEMENTS AVAILABLE ON OUR WEBSITE WITH RESPECT TO OTHER THIRD PARTY WEBSITES, THEIR PRODUCTS OR THE SERVICES THEY OFFER, WE CLAIM NO RESPONSIBILITY AND ARE ADVERTISED ON OUR WEBSITE FOR INFORMATION PURPOSES ONLY.
- INDEMNITY AND LIMITED LIABILITIES
AS A USER OF THIS WEBSITE YOU SHALL INDEMNIFY, PROTECT AND HOLD WITHOUT HARM THIS WEBSITE/COMPANY AND ITS AFFILIATE VENDORS, AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS, DEMANDS, DAMAGES, COSTS AND EXPENSES (LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON SHALL BE INCLUDED) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU CONSENT/AGREE TO HOLD US INNOCENT/HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY PROPRIETORY OR INTELLECTUAL PROPERTY RIGHTS.
OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR EXPERTS SHALL NOT BE LIABLE TO YOU IN ANY WAY, OR SHALL THE SERVICE PROVIDER OR ANY THIRD PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES OR MATERIALS AVAILABLE ON IT.
This User Agreement is valid unless and until terminated by either you or the Company. You are entitled to terminate this User Agreement any time, and on termination you must stop any further use of the Website. The Company may end this Contract at any point without providing notice, and hence you may not have access to the Site after that.
Any such termination shall be without any accountability on part of the Company. The Corporation shall be indemnified even after termination and all indemnification rights shall subsist any termination of this User Contract. Termination of the User Agreement shall not impede your obligation to pay for product(s)/service(s) that you already ordered from the Website or affect any obligation/ liability that may have risen under the User Contract before the date of termination.
- DISPUTES AND JURISDICTION
All disputes and other claims will be determined/resolved through a two-step Alternate Dispute Resolution mechanism/method.
a. Mediation. The matter shall first be attempted to be resolved by a mediator who is an impartial/neutral third party and shall be selected at the mutual acceptance of a proposed mediator by both parties. The said person accepted by both the Parties shall be appointed as sole mediator. If the Parties do not reach a compromise/agreement between the 2 suggested mediators, We shall have the right to finally decide who the final mediator is.
b. Arbitration. In the event mediation does not yield a result/outcome suitable or preferred by any one of the parties, arbitration may follow, the award of which shall be binding on both parties. The Arbitration Board shall comprise of three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Kolkata, West Bengal, India. The arbitration process shall happen in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the disagreement is not solved by this two-step Alternate Dispute Resolution method, it shall be taken to the courts at Kolkata, West Bengal, India.
- MISCELLANEOUS PROVISIONS
a. Entire Agreement: The terms and conditions set forth in this Agreement and any additional terms expressly agreed by You shall constitute the entire agreement and understanding of the Parties and shall cancel and supersede any other prior or concurrent discussions, agreements, representations, warranties, and/or other communications between them.
b. Waiver: If the User or Company, fail, at any time to insist upon performance of any section/provision of this Terms, in no manner shall affect that party’s right at a later time to insist upon enforcing the same. Any waiver by any party of any violation/contravention of this Agreement, whether by indirect conduct or other manner, in any one or more cases, shall not be deemed to be, or interpreted as, a supplementary or enduring relinquishment of any other such breach, or a waiver of any other contravention of this Agreement.
c. Severability: If a court or any other competent body concludes any section/provision of this Terms to be illegitimate or not valid, it will not affect other sections – all other provisions shall stay in effect and remain valid. If any illegitimate or untenable provision of this Disclaimer can be considered lawful/enforceable if a segment of it was deleted, then that segment shall be regarded as removed, and the remainder of the provision shall remain as effective.
- CONTACT INFORMATION/DETAILS
If you have any questions about this Agreement, the practices of Our Company, or your experience with Our Services, you can e-mail us at – email@example.com .