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TERMS OF USE

These terms of use(“TRICE ToU”) contain provisions that define your limits, legal rights and obligations with respect to your use of, and any participation in: (i) the App (as defined below) for both mobile and handheld devices, including the classified advertisements, forums, email functions and internet links, and(ii) any online transactions between the users of the App who are providing goods and/or services (each, a “Service Provider”) and the users of the App who are obtaining such goods and/or services (each, a “Service User”) through the App (collectively, the “Services”).

The mobile application TRICE (“App”) belongs to Trice Systems Private Limited(“Us”, “We”, “Our”, “TRICE” or “Company” (not case-sensitive), which also includes its affiliates, successors or assigns. Apart from the current TRICE ToU,this App is subject to additional guidelines and rules in respect of the usage of the App,including the TRICE privacy policy.

You acknowledge and accept that the App serves as a mere venue for the online display and exchange of user submitted information between Service Providers and Service Users. Thus, the App gives You access to valuable information free of cost, and by downloading, installing, accessing, updating, upgrading, or otherwise using (Collectively referred as “Interacting”, “Interaction” or “Interact”) the App, You consent to:(1) fully accept and abide with the Trice ToU, (2) use the Services only in the manner and purpose stated in the TRICE ToU, and (3) authorize the transfer of payment for any Services requested through the App.

If You do not agree with all the provisions of the Trice ToUin entirety, do not Interact with the App. By Interacting with the App, You indicate that You accept the Trice ToU and that You agree to abide by them.

Definitions
    Trice ToU Of Services
  1. Registration/Creation of Profile
    • Account Creation and Deletion. In order to use Our App or avail Our Services, You must sign up and create a Profile, which would include Your personal information. You may delete Your Profile at any time, for any reason, by following the instructions provided on the App. However, You must note that We reserve the right to retain Your Account Information in an anonymous form, and any other information provided on an “as-is” basis. In relation to the Account Information, You represent and warrant that: (a) all of the Account Information You submit to Us is truthful and accurate; (b) You will maintain the accuracy of the Account Information that You provide Us with at all times; And (c) You will update any and all changes in the Account Information.
    • User Responsibilities. You are responsible for maintaining the confidentiality of Your Login Credentials and are fully responsible for all activities that occur under Your Profile (e.g., once logged in). You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Profile, or any other breach of security, in relation to Your personal information on the App. Upon such notification from You, We may, at best, assist You to change Your password. Beyond assisting You to change Your password,We cannot offer any other assistance in respect of such unauthorized use. In addition, Wewill not be liable for any loss or damage arising from Your failure to comply with the above requirements.
  2. Access to the App
    • Certain Restrictions. The rights granted toYou in these Trice ToU are subject to the following restrictions: (a) except as otherwise authorized, You shall not license, sell, re-sell, rent, lease, transfer, assign, distribute, exchange, host, or otherwise commercially exploit the App and/or its Services or the personal information of Users available on the App, whether in whole or in part, or any content displayed on the App; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App and/or its Services, or the personal information of other Users, available on the App; (c) You shall not access the App and/or its Services, or the personal information of other Users, available on the App in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the App and/or its Service, or the personal information of other Users, available on the App, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the App shall be subject to these Trice ToU. All copyright and other proprietary notices on the App must be retained on all copies thereof.
  1. Personal Information
    • Risks. Except as otherwise provided in Our Trice ToU or the related rules, if any, We do not accept any risks associated with the use of any of Your Profile or Account Information, including any reliance on its accuracy, completeness or usefulness. You hereby represent and warrant that the Account Information, or any other information, whether personal or sensitive, provided to Us through an email, support forum on the App, etc. (“Other Information”) does not violate Our ‘Acceptable Use Policy’clause below. You may not represent or imply toany person or entity,in any way whatsoever, that the Account Information or Other Information that You provide Us with is sponsored or endorsed by Us in any manner. Because You alone are responsible for Your Account Information and the Other Information that You provide Us with.You may expose Yourself to liability if, for example, the Account Information or Other Information violates the ‘Acceptable Use Policy’ clause. You must note that We are not obligated to create a backup copy of Your Account Information or Other Information that You provide Us with.We will not be held liable or responsible for the deletion of the Account Information or any Other Information that You provide Us with. You are solely responsible for creating and maintaining Your own backup copies of Your Account Information or the Other Information that You provide Us.
    • Acceptable Use Policy. The following Trice ToU constitute our “Acceptable Use Policy”:
      • You agree not to use the App and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or Other Information in any way such: (i) that it violates any third-party right, including any copyright, trademark, patent, design, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that it is hateful, violent, discriminatory, defamatory, racially or ethnically objectionable,unlawful, obscene, sexually suggestive, or pornographic.
      • In addition, You agree not to: (i) display, upload, modify, transmit, publish, or distribute to, or through the App, any computer viruses, worms, or any software codes, files or programs, intended to damage, limit or alter a computer system or data; (ii) manipulate the App to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the App to harvest, collect, gather, or assemble information or data, personal or sensitive regarding any other users or individuals, including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App or the data hosted within the App, or violate the regulations, policies, restrictions or procedures of such networks; (v) attempt to gain unauthorized access to a third party’s informationon the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App and/or it Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App.
    • We reserve the right to review Your Account Information or Other Information from time to time, and to investigate and/or take appropriate action against You if you violate the ‘Acceptable Use Policy’ clause, or any other provision of these Trice ToU, or otherwise create liability for Us or any other person or Entity, in Our sole discretion. Such action may include removing or modifying Your Profile, terminating Your Profile in accordance with the ‘Term and Termination clause’ and/or reporting You to law enforcement authorities.
    • If You provide Us with any feedback or suggestions regarding the App and/or theServices(hereinafter “Feedback”), You hereby assign to Us all rights in such Feedback and agree that We shall have the right to use and fully exploit such Feedback and related information in any manner We deem appropriate. We will treat any Feedback You provide to Us as non-confidential and non-proprietary; therefore, it is in Your interest to not submit to Us any information or ideas that You consider to be confidential or proprietary.
  1. Indemnification

BY USING THE APP AND/OR SERVICES AND/OR THE SUBMITTED CONTENTIN ANY MANNER WHATSOEVER, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO DEFEND AND INDEMNIFY TRICE (INCLUDING, WITHOUT LIMITATION, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIM(S),DEMAND(S), DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR EXPENSES(INCLUDING BUT NOT LIMITED TO, ALL APPLICABLE COSTS AND ADVOCATE FEES) MADE AGAINST US BY ANY THIRD PARTY THAT IS DUE TO, IN RELATION TO, OR ARISING OUT OF: (A) YOUR USE OF THE APP OR THE SERVICES, (B) YOUR VIOLATION OF THESE TRICE TOU AND/OR TRICE PRIVACY POLICY,AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO FULLY INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. ADDITIONALLY, YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. THIS INDEMNITY CLAUSE IS APPLICABLE TO VIOLATIONS DESCRIBED IN OR CONTEMPLATED IN THESE TRICE TOU.

  1. Release

SUBJECT TO APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE US (INCLUDING WITHOUT LIMITATION OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT ARISES OR HAS ARISEN, DIRECTLY  OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE APP AND/OR ITS SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER USERS, OR ANY THIRD-PARTY LINKS & ADVERTISEMENTS). FURTHER, IF YOU HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU FOREVER RELEASE TRICE (INCLUDING, WITHOUT LIMITATION, THE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS), FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE APP AND/OR THE SERVICESAND/OR ANY SUBMITTED CONTENT.

  1. Disclaimer of Warranties
    • YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED BY LAW AND FOR THE SAME, TRICE AND/OR THE TRICE AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS APP, THE SERVICES OFFERED ON OR THROUGH THIS APP, ALL SUBMITTED CONTENT ON, AND IN RELATION TO, THIS APP AND/OR SERVICES. UNLESS OTHERWISE STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DATA, MATERIAL, INFROMATION, SUBMITTED CONTENT AND/OR SERVICES CONTAINED OR PRESENTED ON THIS APP IS PROVIDED TO YOU ON AN “AS-IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TRICE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDERS OR ANY OTHER THIRD PARTY THROUGH THE APP, OR ANY HYPERLINKED SITE, OR OTHER ADVERTISEMENT. TRICE IS, AND WILL NOT BE, A PARTY TO OR IN ANY WAY RESPONSBILE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROVIDERS. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, LEGAL, SAFE, OR FREE OF VIRUSES OR ANY OTHER HARMFUL CODE. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  1. Limitation of Liability
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRICE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS (COLLECTIVELTY, “TRICE AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN DATAARISING FROM, OR RELATING TO, THE TRICE TOU; OR YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR ITS SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO, AND USE OF, THE APP IS AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING THEREFROM. THE FOREGOING LIMILITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. Third-Party Links & Advertisements
    • Third-Party Links & Advertisements. The App may contain links to Third-Party Links & Advertisements. You acknowledge and agree that such Third-Party Links & Advertisements are not under Our control, and therefore We shall not be responsible, in any manner, for any transactions related to Third-Party Links & Advertisements. You must note that We provide access to these Third-Party Links & Advertisements only as a convenience to You, and We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Advertisements, in any manner whatsoever. You shall use all Third-Party Links & Advertisements at Your own risk and should apply a suitable level of caution and discretion in doing so. When You click on any of the Third-Party Links & Advertisements, the applicable third party’s terms and policies apply to You, including the third party’s privacy and data gathering practices. You should independently undertake whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Advertisements.
    • User’s Note. You acknowledge and agree that We will not be responsible for any loss or damage that You may incur as a result of Your Interaction with Our App, or the use of Services, or the manipulation of Account Information and Other Information. If there is a dispute between You and any other User, We are under no obligation to become involved and resolve the dispute for You.
  2. Term and Termination
    • Subject to this ‘Term and Termination clause’, this Trice ToU will remain in full force and effect while You use the App and/or any of its Services, in any way whatsoever.
  1. General
    • Use by Minors: Only individuals who are 18 years of age or older may use the App and avail the services. If you are under 18 years of age and you wish to download, install, access or use the App, your parents or legal guardian (as applicable) must acknowledge and agree to the TRICE ToU and TRICE privacy policy. Should your parents or legal guardian (as applicable) fail to agree to the TRICE ToU and TRICE privacy policy, you shall immediately cease and discontinue any use of the App. TRICE reserves the right to terminate and/or deny access to the platform, if it is brought to TRICE’s notice that you are under the age of 18 years.