Terms of use

Agreement

This is an agreement between you or the entity that you represent (hereinafter referred to as “you” or “your”) and dutchuncle tech solutions private limited (hereinafter referred as “trademojo” or “company”) governing your use of trademojo application in any platform.

Please read the terms and conditions set out below carefully before using trademojo. By using any service of the trademojo, by any computer equipment or by phone/mobile or by any electronic device you agree to be bound by these terms and conditions.

General

In terms of the information technology act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

Trademojo is owned by ducthuncle tech solutions private limited, having its registered office at b-358a 2nd floor plot no. 1266-1267 new ashok nagar, new delhi, india.

User sign up / registration obligations

You need to register for a user account by providing all the required information in order to access or use the services. If you represent an organization and wish to use the trademojo services, we recommend you to sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. Further, you agree to:

  1. Provide true, accurate, current and complete information about yourself and your business and associated products and services as prompted by the signup process; and
  2. Maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if trademojo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, trademojo may terminate your user account and refuse current or future use of any or all of the services.

Subscription fees and payments

Certain services are available under subscription plans for various durations that carry different prices. After the expiry of subscription period access of such subscribed paid features shall be discontinued automatically unless you renew the subscription fee for the further period at least seven days prior to the renewal date.

From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any service unless you have opted for a paid subscription plan.

Collection of information

Towards the provision of the services and in cases where a user visits or uses the trademojo services, trademojo shall collect the following information from a user (“user information”):

  1. Information given by the user: the user may be required to give us the information (including sensitive personal information) about the user when creating or using an account on a trademojo product, or when corresponding with trademojo by phone, e-mail or otherwise. The information you give us may include without limitation your name, images, address, e-mail id and contact number, details of any identification or address proof, details of any officially valid document, financial information, location details or other information required by trademojo to provide the desired services and protect against any illegal activities. We may also require additional information about a user in compliance of or as required under applicable laws;
  2. Information collected about a user: with regard to a user’s use of any trademojo product, trademojo may automatically collect and analyze technical information such as the ip address, login information, browser details, time zone setting, operating system, and other similar information; or information about a user’s visit such as url information, material or information viewed or searched by the user; page response times, download errors, length of visits to certain pages, page interaction information, methods used to browse away from the page, metadata such as location, date, etc., and details of an email address or phone number used to contact customer service; and
  3. Information we receive from other sources: trademojo may receive information about a user its other products and services used by the user or from third parties such as advertising networks, analytics providers, search information providers. Trademojo may also collect non-personally identifiable information of users.

Data ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. However you have granted trademojo permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the services to you.

 User obligations

-by visiting our website or application and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the terms and conditions as stated in this policy, along with the terms and conditions as stated in our privacy policy.

 -you further agree there is no intention to solicit any engagements from you and neither will trademojo be implied to be propagating any non-compliance via the website, application working, blog posts, comments, push, or non-push notification, etc. 

-you agree that you’re fully aware that trademojo is a cloud computing-based application hence we cannot guarantee 0% downtime or non-processing of application of all the time.

 -we reserve the right to change these terms & conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review these terms & conditions periodically to familiarize yourself with any modifications. Your continued use of this app after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 -in order to avail of our services, you may be required to provide certain information about yourself (such as identification proof, address proof, email, phone number, contact details,etc.). You agree that any information you provide will always be accurate, correct, and up to date.

 -accessing (or attempting to access) any of our resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our resources through any automated, unethical or unconventional means.

 -engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our resources are located or connected, is strictly prohibited.

-by using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 -you represent and warrant to the company that you will not use this site for any purpose that is unlawful, immoral, or prohibited by these terms, conditions, and notices. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this site.

-the content provided is for information purposes alone and does not substitute for specific advice whether investment, legal, taxation or otherwise. Trademojo disclaims all liability for damages caused by the use of the content on the site.

- you agreed upon that we shall not be liable for any kind of losses arises due to arithmetical or mathematical errors occurs in processing of application or reports generated from the application. 

-all the offers and discounts communicated to you over email or telephone or through mobile push notification shall be valid till date as specified with offers. In case offers/discounts validity period not specified then offers & discounts communicated to you shall be valid for the same day on which offer or discount communicated to you. We are not liable to extend the benefits of offers beyond its validity period.

-all responsibility and liability for any damages caused by downloading of any data is disclaimed.

-you agree that in case of any deficiency founds in our committed services trademojo shall be liable only to the extent of the amount paid by you to trademojo. No any other claims shall be entertained.

-you agree that we, including our employees and other representatives, are free to view your all kind of user profile information in to order to improve better experience of the application.

-you are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

-you agree neither trademojo nor any of its employees or consultant shall be liable for any loss, expense or damage incurred due to "any act of" or "any act occurs to" any affiliate vendors, agents or any other 3rd party who are associated with trademojo whether directly or indirectly.

-you agree that you will not use an application or upload, post, share, or otherwise distribute any content on our application which is illegal, threatening, defamatory, abusive, harassing, defame, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, contains any type of unauthorized or unsolicited advertising;

-we have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these terms & conditions, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If your post content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.

-trademojo application is also a facilitates where users may interact with one another for their business transactions. Company is not and cannot be a party to or control in any manner any transaction between two users of the site. 


Prohibited content 

The company does not permit a user to host, display, upload, modify, publish any information, transmit, update or share or provide any services or data, information or any illegal/prohibited content. The user hereby represents and warrants that it shall not display, list, upload, modify, publish any information, data or materials and/or transmit or share anything that:

  1. Belongs to another person and to which the user does not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. Harm minors in any way;
  4. Contain fraudulent information or makes fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or illegal/prohibited items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  5. Infringes any patent, trademark, copyright or other proprietary rights of any party;
  6. Violates any law for the time being in force;
  7. Is a part of a scheme to defraud other user(s) of the site or for any other unlawful purpose;
  8. Deceives or misleads the addressee about the origin of such messages;
  9. Communicates any information which is grossly offensive or menacing in nature;
  10. Relates to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secrets or other proprietary right or rights of publicity or privacy, or any other third party rights;
  11. Impersonates another person;
  12. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  13. Contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
  14. Threatens the unity, integrity, defense, security or sovereignty of india, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
  15. Is in contravention of the information technology act, 2000 and any other law for the time being in force;
  16. Opens links directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
  17. Otherwise creates any liability or adverse publicity for the company.

Listing of counterfeits, non-licensed replicas, or unauthorized products is strictly prohibited on the site. Further no products can be advertised on the site without explicit permission from the intellectual property right holder. It is clear inter-alia that all third party intellectual property rights are owned by the third party and not trademojo/its users.

By acceptance of this agreement and these terms & conditions, the user hereby agrees that it has obtained all requisite consents, licenses, approvals, and permissions from all requisite governmental and statutory authorities for the goods and services it shall host on the site.

User’s business & product ratings

Trademojo facilitates to rate and review user’s business, product, and services listing available on trademojo applications. Ratings and reviews posted on trademojo are based on actual responses (positive or negative) that users receive while transacting with various parties including buyers, consumers, etc. 

The following clauses are applicable with respect to ratings and reviews on trademojo:

  1. Do not abuse the trademojo rating system. Abuse of the trademojo rating system includes using the user id/mobile no./email id of another user or the user’s own secondary user ids/mobile no./email ids to raise the users to own trademojo rating or lower the rating of another trademojo users; or the use of threatening, abusive, racially vilifying discriminatory or profane language. If the user's language is in any way offensive, the offended user can initiate legal proceedings against the user and indemnify trademojo.
  2. The company reserves the right to delete any rating without prior notice and/or at its sole discretion upon an investigation into the rating. The rating system promotes freedom of expression on company, however, the company encourages users to rate other users singularly based on their experiences while transacting business or using users’ products and services.
  3. The company reserves the right to suspend and reactivate any user id depending on the bonafide use of the trademojo rating system. The company may also caution users transacting with buyers/sellers who have been suspended. Once a user is suspended, all live business, product, services, and rating of that user will be closed.
  4. If the user feels that an unfair rating has been posted or there is any evidence of any abuse of the rating system, you may right on [email protected]

    The company shall not be held liable under any circumstances for the data or information and/or content posted by a third party on a trademojo application.

Suspension and termination

You understand that we reserve a right to suspend your user account, listed products, services or temporarily disable access to whole or part of any service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account, listed product or service, and deny the services upon reasonable belief that you have violated the terms and to terminate your access to any beta service in case of unexpected technical issues or discontinuation of the beta service. You have the right to terminate your user account if trademojo breaches its obligations under these terms and in such an event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all services, deletion of information in your user accounts such as your email address and password, and deletion of all data in your user account.

Indemnification and limitation of liability

You agree to indemnify, defend and hold harmless this application including but not limited to its parent company/llp, partners, owners, affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arises out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you / us pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to or arising out of, or in connection with, your use of the application, any claim that your material caused damage to a third party, your violation of the terms of use, or your violation of any rights of another, including any intellectual property rights.

In conjunction with the limitation of warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our products and/or services.

In no event shall we, our officers, directors, employees, partners or suppliers be liable to you, the trademojo or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the application, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Guarantee

Unless otherwise expressed, trademojo expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. 

Data provided by us

  1. From time to time, our team may send information through push notification to update you. We are under no obligation to stop such notifications.
  2. We take the utmost care to ensure that the data provided at our application is true and accurate. Sometimes, system errors may creep in and data generated by other users may be inaccurate or false. You agree that we are not responsible for any loss incurred due to such inaccuracy in data.
  3. We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, intellectual property and trademark infringement, breach of laws, etc.
  4. From time to time, our application has external links connected to other applications or websites. We are in no way endorse these applications. We are in no way liable for the information found on those applications. External applications may have their own policies and us in no way are responsible for any loss or damage caused by the same to you. You are advised to use your own discretion in the navigation and use of external sites.

Third-party information

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, "content"), apart from the ones owned by us, is third-party user-generated content and we have no control over such third-party user-generated content.

Other than when provided for, the use of such content and it is reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, application or another medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

The content that you post will become our property and you grant us the worldwide, perpetual, and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide and are not entitled to any payment or other compensation for such use.

Amendments / modifications in terms of use

The company reserves the right to change the terms, conditions, and notices under which the services are offered, including but not limited to the changes associated with the user of the services and changes on account of legal and/or statutory amendments. The user is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to the terms and conditions contained and/or the agreement. All amendments become effective immediately upon our posting to the site.

Dispute resolution

This agreement, the construction, enforcement and the interpretation of its terms and any disputes arising out of it shall be governed by the laws of india and shall be subject to the courts located in delhi, and you hereby submit to the personal jurisdiction of such courts.

Contact us

If you have any questions regarding the agreement, the practices of trademojo or any complaints with the service, you can e-mail us at [email protected]