Terms And Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from www.iCrushiFlush.com("Website"). The Website is owned by Living Consumer Products Pvt. Ltd., a company incorporated in India(hereinafter referred to as "We" or "Our" or "Us" or "Company").
The Website may include any service offered by Us through the internet/ mobile application/software/related documentation (collectively referred to as the "Software") which can be downloaded from the Website (Website and Software collectively referred to as the "Service").
If you ("You" or "Your") use the Service, You are required to first carefully readas well as fully understand the following Service related terms and conditions ("Terms") which are applicable when Youview/access/use (collectively "use" or "using") the Service from any computer, computer device or mobile. Please also carefully and fully understand read Our Privacy Policy ("Privacy Policy"), which is incorporated in these Terms by reference.
If, for any reason, You do not agree to these Terms, Privacy Policy and/or other Service guidelines and policies (guidelines and policies collectively referred to as the "OtherPolicies") as communicated to You when You avail the Service or wish to be bound by them, please do not use the Service in any way whatsoever.By using the Service, You have indicated to Us that You acknowledge, understand as well as fully agree, to be bound by these Terms, Privacy Policy and all Other Policies, irrespective whether You register with the Service as a member or not.
-
Acceptance of Terms, etc.
- These Terms is in the form of an electronic and legally binding contract that establishes the terms and conditions Youhave acceptedbefore using the Service. These include Our Privacy Policy andOther Policies as mentioned in these Termsas well as other specific policies and terms and conditions disclosed to You, in case You availany subscription or any additional features, products or services We offer on or through the Service, whether free or otherwise, including but not limited to terms governing features, billing, free trials, discounts and promotions.By using the Service, You hereby unconditionally consent and accept to these Terms, Privacy Policy and such Other Policies. To withdraw such consent, You must immediately cease using the Service and terminate Your account with Us. You are requested to keep a physical copy of these Terms and all other referred policies herein for Your records.
- Every time You use the Service, You confirm Your agreement with these Terms, Privacy Policy and Other Policies.
-
Eligibility.
- The minimum age to use the Service is 18(eighteen) years. By using the Service, You represent and warrant that You are at least 18(eighteen) years of age or not a minor in any other jurisdiction from where you access our Service.
- Using the Service may be prohibited or restricted in certain jurisdictions. If You use the Service from such prohibited/restricted jurisdiction, You are solely responsible and liableand responsible for any compliance/non-compliance with the laws and regulations thereof.
- By using the Service, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
- By using the Service, You represent and warrant that You have never been convicted under the lawof any country, including India, concerning any matter concerning or relating to any sexual offence, pornography, obscenity, defamation and the like. We expressly reserve the right to conduct a background check, criminal or otherwise, at any time and by utilizing available public records, to confirm possibility of any misrepresentationby Youof this Clause 2(d). By agreeing to these Terms, You hereby consent to and authorize such verification.
- Organizations, entities, companies, and/or businesses are not eligible to become members and should not use the Service in any way whatsoever and for any purpose.
- Unless otherwise specified, the Service is offered in India only. We make no representation that the Service will be offered to be appropriate or available for use in other jurisdictions. Those who choose to access the Service from outside India can do so on their own account and We shall not be responsible for any circumstances thereof.
-
Creating an Account.
- In order to use the Service, You must sign in using your Facebook login. If You do not wish to use such sign in, You shall not use the Service. However, if You do so, You authorize Us to access and use certain Facebook account information of Yours, including but not limited to Your public Facebook profile and information about Your Facebook friends You might share in common with other Service users, Your interests and dislikes. For more information regarding the type/nature of information We collect from You and how we use it, please refer our Privacy Policy.
- Your membership and account details You provide to Us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the Service that takes place under Your account.
- By agreeing to these Terms, You grant Us the permission to send electronic communications to You as part of Our offering. This includes but is not limited to sending "emails", newsletters and promotional offers from Us and Our partner websites. Should You no longer wish to receive these electronic communications, You may write to us at contactus@icrushiflush.com.
-
Term and Termination.
- These Terms will remain in full force and effect while You use the Service or any part thereof, whether as a registered member or not.
- You may terminate Your membership with the Service at any time and for any reason by following the termination or member deletion procedures set out in the Service or upon receipt by Us of Your notice of Service termination by email at contactus@icrushiflush.com.
- We may terminate or suspend, whether temporarily or permanently,Your Service account at any time without notice and for any reason. Further, We may terminate or suspend, whether temporarily or permanently, Your account at any time without notice if We reasonably believe that You have breached these Terms, or for any other reason, with or without cause, in Our sole discretion. After Your Website account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- You acknowledge that We reserve the right to terminate or delete Your account in case it remains 'inactive' for a duration as determined by Us in Our sole discretion. If We terminate or suspend Your membership because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees and for any fees towards any in-app purchases.
-
Non-commercial Use of the Service.
- The Service is strictly available for Your personal and non-commercial use only.
- You are hereby strictly prohibited from and against:
- undertaking any marketing, promotion, advertising or soliciting any other Serviceuser to buy or sell any products or services whether through the Service or not;
- transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Serviceusers or posting the same on the Service or anywhere else;
- contacting any Service user for any purpose not expressly permitted under these Terms; and
- using the details of other Service users for any purpose not expressly permitted under these Terms.
- It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agreed to indemnify Us for the same.
-
Account Security.
- You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your Service log-in (username and password) details as well as for any and all activities that occur under Yourlog-in. You agree to immediately notify Usof any disclosure or unauthorized use of Your log-in or any other breach of securityat contactus@icrushiflush.com and ensure that You log-out from Your Website account at the end of each session.
-
Caution.
- We may check new member profiles strictly for verifying any unsuitable, objectionable or inappropriate content.However, Wemay not be able to verify the identity of any member or the accuracy of their content, nor can We guarantee that We will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any member content as fully true and/or complete.We will not be liable or responsible for any false and misleading content and information given by any member. If You have any concerns over any member content, please write to us on contactus@icrushiflush.com with the details thereof.
- You hereby acknowledge and agree that Youshall ensure that at all times Your interaction with other members of the Service will always be lawful and appropriate and that You alone shall be responsible for all consequences thereof.
- We caution You that there may be risks of dealing with any member acting under a false pretense or with a criminal intent like asking for money transfer, harassment, stalking etc. We have no control as to what happens between members inter se once they decide to meet in person/ transfer money to any member. Should You encounter any such meeting whereby the behaviour of the other member may be deemed inappropriate or harmful in any way to other members of the Service, You are requested to contact us at earliest at contactus@iCrushiFlush.com with full details of such offending member and We may, if deemed appropriate and at Our sole discretion, suspend or delete the offending member's profile.
-
Proprietary Rights.
- You confirm and agree that Weare the owner of the proprietary information made available to You through the Website and hereby retain all proprietary rights in the same, including but not limited to all confidential information.
-
You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any
- confidential or proprietary information, or
- copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Servicewithout first obtaining Our prior written consent.
- Other Service users may upload/publish/post any copyrighted information, which may have copyright protection or not orwhich may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
- By posting information or content to any profile pages or public area of the Service, or making it accessible to Us by linking Your account to any social network accounts (e.g. via Facebook, Twitter etc.), You grant Us unconditionally and in perpetuity, and represent and warrant that Youhave the right to grant to Us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, We may modify, add or vary existing features or programs of the Service or create, add, test or implement new features or programs on the Service in which You may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, Yougrant Us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.
-
User Information.
- For information about the collection and possible use of information and content provided by You, please review Our Privacy Policy.
- You agree that You will not post any of Your personal contact information such as e-mail address/es, personal website address, phone/cell numbers, fax numbers, instant messaging contactdetails or any other contact information identifiable to You on a third party website, or other contact information in the "About Me" section of the Service or in any other communications You may have with other Serviceusers.
- You may, at Your solediscretion, exchange Your contact information after You reach the "anonymous messaging" phase in the Website with the appropriate, shortlisted and approved Service users as Your preferred match.Here "anonymous messaging" would imply any private chat session You may have with any other Service member/s. It is hereby expressly agreed and understood by You that for exchanging any such contact information of Yours with any other Service user, You shall be solely responsible and liable for any and all risks and consequences thereof and You hereby agree to indemnify Us for the same.
-
Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed
- for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like) or for any legal process;
- for enforcing these Terms;
- for protecting or defending Ours, any Service member’s or any third party's rights or property;
- for supporting any fraud/ legal investigation/ verification checks; or
- as the information involves a party who may be a victim of any abuse in any form. Youacknowledge and understand the provisions of this Clause 8(d) and grantUs anunconditional, perpetual right and permission to make such disclosure.
- By using the Service, Youhereby permit Usto use the information You provide Us, including Your experiences to facilitate Us to improve the Service and its functionality as well as for promotional purposes, including the permission to publish Your profile in any of Our partner websites.
-
Prohibited Activities.
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently,Your Service account with Usif You undertake any of the following acts:
- breach these Terms, Privacy Policy or Other Policies;
- abuse, impersonate or defame any Service user or any other person, entity or any religious community;
- use the Service for any commercial use or activity not expressly permitted as per Clause 5 of these Terms;
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently,Your Service account with Usif You undertake any of the following acts:
- breach these Terms, Privacy Policy or Other Policies;
- abuse, impersonate or defame any Service user or any other person, entity or any religious community;
- use the Service for any commercial use or activity not expressly permitted as per Clause 5 of these Terms;
- "stalk" or otherwise harass any Service user or any other person;
- make any statements, whether expressed or implied,and whether privately or publicly, as those endorsed by Us without Our specific prior written consent;
- use the Service in an illegalmanner or commit an illegal act or use the Service not expressly authorized by Us;
- access the Service from a jurisdiction in which it is illegal or unauthorized or barred;
- undertake, ask, solicit or use Serviceusers to conceal the identity, source, or destination of any illegally gained money, services or products;
- use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- collect any personal information, including contact details, of any Serviceusers by electronic or any other means and for any purpose, not expressly permitted under these Terms;
- send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these Terms;
- undertake any unauthorized framing of or linking to the Service or "frame" or "mirror" any part of the Service, without Our prior written authorization;
- interfere with, obstruct, destroy or disrupt the Serviceor the servers or networks connected to the Service, whether partly or fully and whether permanently or temporarily;
- email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Service or of any computer software or hardware or telecommunications equipment connected with the Service;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service(either directly or indirectly through use of any third party software);
- use meta tags or code or programs or other devices, tools or technology containing any reference to Us or the Service(or any trademark, trade name, service mark, logo or slogan of Ours) to direct any person to any other website for any purpose;
- directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service; or
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the Serviceother than solely in connection with Your use of the Servicein accordance with these Terms.
-
Content Posted by You.
- You are solely responsible for any and all content or information that You post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post ") on the Service or transmit to other Service users, including text messages, chat, audio, video (including streaming videos), photographs, images, graphics, or profile text, whether publicly posted or privately transmitted (collectively, "Content ").
- We do not verify the accuracy or truth of any Content You post on or through the Service. We are not the publisher of the Content and only provide You with a technology platform to facilitate You to post such Content. Further, We are merely acting as an ‘intermediary’ as per the Information Technology Act, 2000 and rules (Information Technology (Intermediaries Guidelines) Rules, 2011) made thereunder. We assume no responsibility or liability of any sort for providing a technology platform to Our Service members to facilitate them to post their Content. To protect the integrity of the Service, We reserve the right to exercise editorial control over Your Content, including the right to block any member from accessing the Service, whether temporarily or permanently.
- You shall not post to Us or to any other Service user (either on or off the Service), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates Ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
-
You represent and warrant that
- all information and Content that You submit upon creation of Your Serviceaccount, including information submitted from Your Facebook account, is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and
- You have the right to post the Content on the Serviceand grant the licenses as agreed in these Terms.
- You understand and agree that Wemay monitor or review any Content You post on the Service. Wemay delete any Content, in whole or in part, that in Oursole judgment violates these Terms or may harm the reputation of the Service or Ours.
-
By posting Content on the Service, You automatically grant Us and toOur affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to
- use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content,
- prepare derivative works of the Content or incorporate the Content into other works, and
- grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of Your Content by Uswill not infringe or violate the rights of any third party.
- You shall not post, upload, modify, display, publish, transmit, update, share or otherwise make available Content that:
- promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual;
- advocates harassment or intimidation of another person;
- relates to or promotes or encourages money laundering, sex trafficking or gambling;
- requests money from, or is intended to otherwise defraud, other users of the Service;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
- ismisleading, offensive,false, misleading, untrue, unlawful, illegal,defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
- belongs to another person and to which You are already aware that the same does not belong to You or that You do not have any right to the same;
- directly or indirectly alludes to child pornography;
- is an illegal or unauthorized copy of another person’s copyrighted work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio, photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone under the age of 18 years;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data You do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
- contains any advertising or commercial messages;
- infringes upon or violates any third party's rights, including any intellectual property rights;
- hinders the Service functionality in any way or interferes or affects other Service users’ use and enjoyment of the Service;
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- violates any law for the time being in force;
We reserve the right, in Our sole discretion, to investigate and take any legal action against anyone who violates this Clause 10(g), including deleting or removing the offending Content from the Serviceand/or terminating or suspending the Service account of such violating members. Whilst We reserve Our right to delete or remove such Content, We do not guarantee that such offensive Content will be removed or deleted. Failure by Us to remove or delete such Content does not waive Our right to remove or delete the same in subsequent or similar cases.
- Your use of the Service, including all Content You post, must comply with all applicable laws and regulations. You agree that Wemay access, preserve and disclose Your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
- comply with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like) or for any legal process;
- protect or defend Ours, or any third party's rights or property;
- enforce these Terms, Privacy Policy and Other Policies;
- in support of any fraud/ legal investigation/ verification checks;
- respond to Your requests for customer service or allow You to use the Servicein the future; or
- safeguard a party who may be a victim of any abuse in any form.
- We assume no responsibility or liability for any deletion of or failure to store any of Your Content.
-
Membership, Subscriptions, Renewals and Cancellations.
- You may register Your profile for free on the Service and have access to most of the Service. Subscription fees may be levied to gain full access to the Service, including but not limited to the ability to send messages. Such paid subscription is entirely voluntary and You may use the Service as a free member.
- Subscription fees are non-transferable.
- If You purchase any Service that We offer for a fee, You authorize Us and Our designated payment processors, gateways and service providers to store Your payment related details and other related information. You also agree to pay the applicable fees for availing such paid subscription as and when they become due plus all applicable taxes. All fees are subject to change without notice.
- Unless expressly stated in these Terms, all fees are non-refundableand there shall not be any refunds or credits for any partially used subscription periods.
- You agree to provide current, accurate and complete billing information and agree to promptly update all such information. You shall promptly notify Usif Your payment is cancelled or if You become aware of a potential breach of security related to Your payment. If You fail to provide any of the foregoing information, You acknowledge that Your current payment may continue to be charged and You shall remain responsible for all such charges.
- If You avail a paid subscription for using any of Our paid Service by credit or debit card (or other payment method with an automatic renewal subscription option) and You do not cancel Your subscription prior to the end of the term, Your subscription will be automatically extended at the end of each term for successive renewal periods of the same duration as the subscription term originally selected by You. If You fail to cancel such subscription before the expiry of the term, You acknowledge that Your current payment will continue to be charged and You shall remain responsible for all such charges.
- We shall not be responsible for not providing You with any prior notification about the renewal of your subscription or lapse of your subscription term.
- You further acknowledge that the amount of the subscription fee may change if the applicable tax rates change.
- To change or cancel Your subscription of the Service, please go to the "Settings" page of Your Service account, click on "Update your Membership" or "Cancel your Membership" and follow the instructions. If You cancel Your membership subscription or Your Service account, Your subscription benefits will continue until the end of Your then current subscription term, but Your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then current subscription term.
- We reserve Our right to amend the subscription pricing, options, renewal terms or Service at any time.
-
Modifications to the Website.
- We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service(or any part thereof) with or without notice. You agree that Weshall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Any access or usage by You of the Service shall imply that You have accepted any new or modified Terms.
- Please re-visit this ‘Terms & Conditions’ link on the Website from time to time to stay abreast of any changes that We may introduce.
- Please contact us on contactus@icrushiflush.com with any questions You may have regarding these Terms.
-
Disclaimer of Warranty.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE HAVE PROVIDED THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" AND "BEST EFFORTS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, DIRECT, INDIRECT STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE RESULT OF THE SERVICE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF CORRECTNESS, VALIDITY, ACCURACY APPRORPRIATENESS, FITNESS, COMPATIBILITY FOR A PARTICULAR PURPOSE OR OUTCOME OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE USE OF THE SERVICE WILL ALWAYS BE SECURED, UNINTERRUPTED, AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR RESULT IN THE DESIRED RESULTS. NOR DO WE REPRESENT OR WARRANT THAT ANY MEMBER MATCHTHAT MAY RESULT IN COMPANIONSHIP OR MARRIAGE IS OF THE HIGHEST COMPATIBILITY AND SHALL NEVER RESULT IN BREAKUP, DIVORCE OR SEPARATION. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE AT ALL TIMES AND THE RESULTS OF THE USE OF THE SERVICE.
- Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US
- From time to time, Wemay offer new features or tools which Our Serviceusers may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shallapply with full force to such features and tools.
- We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the Service.
-
Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THESERVICE, RESULT OF USING THE SERVICEINCLUDING, WITHOUT LIMITATION, DAMAGES FOR RECOMMENDATION OF THE SERVICE, FAILED MARRIAGE ACHIEVED THROUGH THE SERVICE, OUTCOME OF VERIFICATION CHECKS, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LIQUIDATED OR PUNITIVE DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEBE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, LIQUIDATED, PUNITIVE ARISING OUT OF OR RELATING TO RECOMMENDATION OF THE SERVICE, THE CONDUCT OF ANY SERVICE USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THESERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, FINANCIAL LOSS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICEOR AS A RESULT OF USING THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED OR LOGGED-IN ON THE SERVICE UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM OTHER USERS OR FAILED MARRAIGES OR DIVORCE OF WEDDINGS CASUED UNDER THE USE OF THE SERVICE.
-
Indemnification.
You agree to indemnify, defend and hold harmless the Company, Our affiliates, subsidiaries and parent/holding companies, and each of their officers, directors, employees, agents, consultants, partnersites and related third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including but not limited to
- any violation by You of these Terms, or
- any action arising from the content that You publish/post on the Website or using the Service that infringes the intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or
- any content or communication that denigrates, libels or invades the privacy right of any third party. Wereserve the right, at Our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defences in such case.
-
Miscellaneous.
- Entire Agreement: These Terms constitutes the entire agreement between Youand Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.
- Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Service once the revisions have been posted onto the same. You should therefore check the Service from time to time to review the current Terms as applicable to You.
- Survival: Termination or suspension of Your ServiceAccount shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
- Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
- No Assignment: These Terms are personal to You. You cannot assign Your rights or obligations, whether partly or fully, to anyone.
- Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
- Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
-
Grievance Officer.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
-
Contact Us.
Please contact us by email on contactus@icrushiflush.com for any questions or comments regarding these Terms or pertaining to the Service.