Terms of use and service

This document is an electronic record generated by a computer system and does not require any physical or digital signatures.

These terms of use (“Terms”) along with the Privacy Policy together constitute a legally binding agreement (this “Agreement”) between You and Ctruh Technologies Private Limited, a private company registered under the (Indian) Companies Act, 2013 (herein referred to as “Company”, “Our”, “We”, “Us”) with respect to Your use of Our Platform and Services.

Please go through these Terms carefully as these Terms read with the Privacy Policy together constitute a binding, legal agreement between Us and You, with respect to Your use of Our Platform and Services.

YOUR APPROVAL

You may accept this Agreement only if:

You are a natural Person, are of the legal age, eligibility and mental capability to form a binding contract.
You are a juristic Person, are lawfully existing and have all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.
You are not legally barred or restricted from accessing the Platform or using the Services or any part of it.

We do not want any Person to access the Services if such Person does not understand, approve of or accept each and every term specified in this Agreement. Hence, You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before approving, accepting and agreeing to be bound by it.
You will be deemed to have accepted these Terms by availing Services available on the Platform, including but not limited to, by

accessing the Platform or any Content thereof;
simply surfing and/ or browsing the Platform;
creating a Registered Account on the Platform.

PROVISION OF SERVICES

Services provided to You are subject to Your acceptance and approval of this Agreement. You are requested not to use and/ or access the Platform, Services and/ or any part thereof if You do not approve of, agree with and accept each and every term of this Agreement.
The purpose of the Platform and Services is to provide a platform where users can design and create 3D Content by using various tools available on the Platform
In order to avail the Services, You must register on the Platform by providing specific information and creating an account (“Registered Account”). You shall ensure that all the information provided by You is always true, accurate, complete and updated.
You agree and acknowledge that provision of Services provided to You is dependent on the information You provide to access such Services. You shall ensure that all such information provided by You is always true, accurate, complete and updated. The authenticity and genuineness of the information/documents made available by You while creating a Registered Account shall be Your sole responsibility. You understand and agree that the Company shall have no liability with respect to authenticity of the information provided by You. Further, You agree and undertake to notify us to update Your information as and when required, in order to maintain its accuracy.
You will solely be responsible for maintaining the privacy and confidentiality of Your access details with respect to Your Registered Account. Any access to or use of Your Registered Account shall be construed as access or use of such Registered Account by You. You are solely responsible for all activities that occur with use of Your Registered Account. If You become aware of any unauthorized use of Your Registered Account, then You must immediately notify Us.
Subject to Applicable Law, We may stop certain provision of Services, permanently or temporarily, or may modify or change the nature of Services and/ or these Terms at Our sole discretion, without any prior notice to You. Your use of Services following any such modification shall constitute Your deemed acceptance of these Terms (or as it may be modified).
We reserve the right to terminate Registered Accounts which appropriate the name, e-mail address, or other personally identifiable information of another individual/organisation or provide incomplete or improper personal details.
The Company shall provide such technical support in relation to the Platform as may be required, in the opinion of the Company, for smooth functioning of the Platform for You to avail Services, including regular updates, bug-removals, data storage facilities and the like.
I agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, I further authorize the Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.

USE OF SERVICES

In order to use the Services, You will be required to access the Platform through the internet in such form and manner as provided by Us. We may update the Platform from time to time in order to ensure a better experience for the Registered Users.
You agree to use the Platform and Services only for such purposes as is permitted by:

this Agreement; and
if You are a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, or in which You are a resident, or from where You access the Services; or
if You are a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where You are registered, where You maintain Your principal office or from where You access the Services.

You confirm and agree that in addition to acceptance of these Terms, Your use of the Services signifies your acceptance of any additional terms and conditions, guidelines, etc. posted, displayed or communicated on the Platform of the Company from time to time, and on any third-party’s website whose link is available on Our Platform. To the fullest extent permissible pursuant to Applicable Law, Your use of the Services is solely at your own risk and the Company does not assume any liability or make any warranties of any kind, express or implied, arising out of, or in connection with or with respect to the Services.
Use of Platform to create 3D Content
Through the use of the Platform, a Registered User can create 3D Content by using existing templates, and other tools available on the Platform. In order to use this feature, You shall be required to create a Registered Account on the Platform. Once You have created a Registered Account, You can use various tools as available on the Platform to create 3D Content.
You agree and acknowledge that while using any of the Services available on the Platform, You shall not upload/create any Content on the Platform which:

is/might be defamatory, obscene, pornographic, vulgar, offensive or against the public policy;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is/might be violent or threatening or promotes violence or actions that are threatening to any Person;
harms minors in any way;
promotes illegal or harmful activities or substances;
violates any guidelines or terms of this Agreement or any applicable Laws

User agrees and understands that while the use of Services are available to Users free of cost now, We reserve the right to amend these Terms and impose a cost on the Services (either wholly or partially) in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, You access paid parts of Services, cost for such paid Services shall become due and payable by You to Us and We shall have a right to recover the cost for provision of such paid Services to You, from You.
Subject to applicable Law, We may stop provision of Services (or any part of Services), permanently or temporarily, to You or to Users generally or may modify or change the nature of Services and/ or these Terms at its sole discretion, without any prior notice to You. Your Use of Services following any such modification shall constitute Your deemed acceptance of this Agreement (or as it may be modified).
You agree and acknowledge that You shall be solely responsible for any and all Content created/shared by You on Our Platform. You understand and agree that We shall not be held liable for any such Content or any outcome of Content created/shared by You on/via the Platform.
Suspension of Services
We may suspend the Services or any part thereof immediately with or without cause or notice (other than any notice required by Applicable Law and not waived herein) if We determine: (a) that You materially breach (or We, in good faith, believe that You have materially breached) any provision of these Terms, or Applicable Laws; (b) there is an unusual and material spike or increase in Your use of the Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services; (c) that Our provision of the Services is prohibited by Applicable Law or regulation; (d) there is any use of the Services by You that in our judgment threatens the security, integrity, or availability of the Services; or (e) that information in Your account is untrue, inaccurate, or incomplete.
If we suspend the Services pursuant to the above clause 3.5.1, We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that You may incur in connection with any such suspension.

RESTRICTIONS ON USE OF SERVICES

You agree that You will not use the Services for any purpose that is illegal, unlawful or prohibited by this Agreement and Applicable Laws. You will not attempt to engage or engage in any activity that may:

reverse engineer, decompile or otherwise extract the source code(s) related to the Platform or Services or any part thereof, unless it is expressly permitted by Us in writing or is required by Applicable Law;
use any robot, spider, retrieval application, or other device to retrieve or index any portion of Platform or Services;
collect information about other Registered Users in any illegal or unlawful manner for any illegal or unlawful purposes;
register on the Platform to create any Registered Account by automated means or under false or fraudulent pretences for using the Services, including creating multiple Registered Accounts under a single Registered Account;
transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform or Services;
use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party's access to and/or enjoyment of Services;
carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Services or any part of Services;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Platform; or
result in provision, insertion and input of any deep links and/ or in any other way hyperlink connection with other third-party websites or platforms on the Platform without the specific written consent of the Company.

You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platform; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platform; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You, or to other Registered Users.
You agree and undertake not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your own affiliation with any Person, including, but not limited to Us, Our officials, employees, agents, partners, affiliates, dealers and/or franchisees.

INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP

The Company exclusively owns and reserves all right, title, and interest in and to the Services, Intellectual Property, Confidential Information, and any data that is derived from Your use of the Services.
Subject to Applicable Law, ownership of all intangible and/or Intellectual Property developed or existing in relation to the Platform shall ab initio rest with Us. You shall have a limited, non-sublicensable, non-perpetual, non-commercial license to use the Platform in order to avail Services.
All third parties owning any intellectual property have a right to take appropriate action against You for any violation, infringement or passing off by You. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You.

CONFIDENTIALITY

You may be given and have access to Confidential Information of the Company or confidential information of other Registered Users of the Platform pursuant to Your use of Services. You will not use any such Confidential Information of the Company or confidential information of Registered Users for Your own corporate purposes or any other purpose (except as contemplated under this Agreement) without a prior written consent of the Person owning such information and shall use Your best efforts to keep confidential and not to disclose to any Person any such Confidential Information of the Company or confidential information of Registered Users, except as mutually agreed or required by Applicable Law.

TERM AND TERMINATION

You are bound by the Agreement from the time You commence using the Services till earlier of:

when You cease access or use to Services in any manner, including deleting Your Registered Account; or
Us terminating this Agreement with respect to You by permanently barring Your access to Services.

We reserve the right to terminate Your access to Services or any part of Services, at any time if:

You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Us, of any part of the Agreement;
a third party with which We offer Services, has terminated its relationship with Us or ceased to offer the related services to Us or to You;
provision of Services or any part of Services is no longer commercially viable or feasible for Us;
We believe that You are a repeat infringer of the terms of this Agreement or You are in violation of Applicable Law; or
We are required to terminate this Agreement by Applicable Law, government order or order of a court with requisite jurisdiction.

Upon termination of this Agreement, all the legal rights, obligations and liabilities that You and We have benefited from, been subject to (or which have accrued over time whilst the Agreement was in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

LIMITATION OF LIABILITY

Use of Services by You is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the Services or the Platform.
Provision of the Platform does not constitute an institution of agency between Us and any of Our Users/Registered Users. Our relationship with each and every Users/Registered User shall be on a principal-to-principal basis only. You are solely responsible for any breach of Your obligations under this Agreement, Applicable Law and the consequences of any such breach.
You shall defend, indemnify and hold Us, and Our officers, directors, employees, representatives, consultants and agents harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Us (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) Your unauthorized, illegal and/ or unlawful access to or use of the Services; (b) Your breach of any rules, regulations and/ or orders under any Applicable Law; and (c) Your breach of any obligation under this Agreement.
The Platform may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not endorse or support such third-party links or the products and/ or services they provide, hence, We shall not be responsible or liable for the content, accuracy or authenticity of such third party links.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) You are lawfully existing under Applicable Laws and have full power and authority to enter into, execute and deliver this Agreement; (b) You have all necessary and valid authorizations required for performance of Your obligations under this Agreement; (c) this Agreement constitutes a legal, valid and binding obligation on You, enforceable against You; (d) You have accepted this Agreement relying on Your own business judgment and You have not been induced by any Person; and (e) execution, delivery and performance of this Agreement by You shall not (i) violate any provision of the territorial and/ or jurisdictional laws applicable to You; (ii) conflict with or result in material breach or violation of any terms, or constitute default under any other agreement by which You are bound; (iii) violate any order, judgment or decree against, or binding upon You; or (iv) violate any law or regulation of India or any other country in which You maintains Your principal office (in case You are a corporate Person) or of which You are a citizen and a resident (in case You are a natural Person).
The Company disclaims all warranties in relation to access to or provision of Platform or Services, whether express or implied, including but not limited to:

Services being constantly available or available at all;
Services being successfully executed in all cases;
Services being always functional without any disruption, delay or error;
Your ability to use the Services, directly or indirectly;
Your satisfaction with the Services;
The accuracy of the data provided in the course of Service;
The security, privacy and protection from loss or corruption of Your data;
That all bugs or errors in relation to Services will be fixed or corrected;
That Platform will be compatible with all devices, all networks and all browsers;
That use of Services is fit for a particular purpose or use, except as provided herein; or
That Services and Contents are accessible in every location.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Karnataka, India.

MISCELLANEOUS

Severability: If any provision of this Agreement is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected. Any act of either Us or You, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.
Waiver: Waiver by Us of any one default of any one Registered User will not waive subsequent defaults of the same or different kind, by the same or different Registered User, and no failure or delay of Us to exercise or enforce any of its rights hereunder shall act as a waiver of those rights.
Assignment: You shall not assign or transfer any of Your rights or liabilities under this Agreement to any other Person, We may freely assign Our rights and benefits (in full or in part) under this Agreement to any Person. You acknowledge that We have a right (but not the obligation) to deliver the Services either ourselves, or, through Our affiliates or any third parties.
Notices: We may post notices within the Platform or send You notices on the registered email address or the telephone numbers shared with Us. You will be deemed to have received such notices (in case of electronic mail and telephone number) 24 (twenty-four) hours after transmission.
Non-compete and Non-solicit: You will not, directly or indirectly, (i) solicit or attempt to solicit, induce or recruit, engage or in any other way encourage Our employees, consultants, Customers, Trainers or other Registered Users to terminate their respective engagements with Us and/ or engage with You and/ or any third party; or (ii) engage in any activity which is same or similar to the Platform or the Services.
Display Association: We shall have a right to display and publicize Our association with Registered Users and the Services We have provided to the Registered Users in Our collateral and branding materials.

DISCLAIMERS

The information, software, products, and services forming parts of the Services have been contributed by various users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and users should consult an appropriate professional for tailored advice, specific to their situation.
We shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive content of third parties. We disclaim any responsibility for any harm resulting from the use of the Platform, or from any downloading of Content posted on the Platform.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF GENUINENESS OF THE CRENDENTIALS OR INFORMATION OF THE USERS ON THE PLATFORM FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE INFORMATION ON THE PLATFORM, SERVICES AND/ OR GOODS AND/ OR SERVICES AND/OR PRODUCTS PROMOTED AND/ OR OFFERED THROUGH THE PLATFORM OR SERVICES.

DEFINITIONS AND INTERPRETATION

All the capitalized terms contained in the Agreement that have not been defined elsewhere, shall mean as follows:

“Applicable Law” or “Law” shall mean any law, regulation, ordinance, statute, rule, judgement, decree, order, resolutions, and policy, etc. past or decreed by the government of India or any sub-division thereof or other concerned statutory authority.
“Confidential Information” shall mean this Agreement, Intellectual Property, any and all information related to any aspect of the Company’s business which is either information not known by actual or potential competitors of the Company or is proprietary information of the Company, whether of a technical nature or otherwise. Confidential Information includes, but is not limited to, confidential material, financial information and forecasts, product plans, marketing plans and strategies, price lists, customer lists and contractual obligations and terms thereof, data, documentation and other information, in whatever form disclosed, relating to the Company or its affiliates. Notwithstanding the foregoing, Confidential Information does not include any information (i) that is or becomes readily available in public records or documents, other than as a result of a disclosure by You, or (ii) which can be shown to have been known by You prior to disclosure by the Company or an affiliate or other Person acting on behalf of the Company, or (iii) which must be disclosed by You under Applicable Laws or regulations or judicial or administrative proceedings.
"Content" shall mean and include the content in the form of 3D content, audio, video, visual, graphic, text content or combination thereof, including messages, information, articles, data, images, videos GIFs, reviews, ratings, comments, queries or any other like material, created/shared/uploaded/communicated by Us or by a Registered User by the use of Platform and Services.
“Intellectual Property” shall mean and include all patents, trademarks, processes, domain names, works of authorship, designs, utility models, copyrights, inventions, ideas, programs, codes, software, algorithms, discoveries, correspondence, trade secrets, databases, know-how, business models, creations or improvements upon, additions or any research effort relating to any of the above, whether registered or unregistered, which are owned, acquired or developed in the course of activities, and any similar rights in any country, whether negotiable or not, also including any applications for any of the foregoing and the right to apply for them in any part of the world.
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law.
“Platform” shall mean the Website and the other platform(s) (whether android or IOS) downloadable from third party service providers, including any updates thereof, as We may provide from time to time.
“Registered User” shall mean and include a User who creates a Registered Account on the Platform.
“Services” shall mean and include services provided by the Company including access to the Platform.
“User” means and includes a person who uses the Platform and Services.
“Website” shall mean https://ctruh.com as provided by Us and as updated from time to time.
“You” or “Your” shall mean any Person, including a Registered User, who accesses or uses the Platform or Services thereof, as provided from time to time.

Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise.
Headings and captions are used for convenience only and not for interpretation of the Agreement.
Any reference to a natural Person shall, include his/ her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.