Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are the legal agreements between a service provider and a person who wants to use that service.
Welcome to Increeks Private Limited ("Increeks", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your use of our website located at https://increeks.com (the "Site") and the services and products provided by us (collectively, the "Service"). By using the Site or Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or Service.
1. User Eligibility and Account Registration
1.1. The Service is intended for use only by individuals who are 18 years of age or older. By accessing or using the Service, you represent and warrant that you are at least 18 years of age.
1.2. To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information as necessary to ensure that it remains accurate, complete, and up-to-date.
1.3. You are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2. Intellectual Property Rights
2.1. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Increeks, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or Service, except as follows:
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Site or Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
2.3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Service in breach of these Terms, your right to use the Site or Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.
2.4. All trademarks, service marks, logos, trade names, and any other proprietary designations of Increeks used herein are trademarks or registered trademarks of Increeks. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
3. Use of the Service
3.1. You agree to use the Service only for lawful purposes and in accordance with these Terms.
3.2. You may not use the Service:
(a) In any way that violates any applicable Indian or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
(d) To impersonate or attempt to impersonate Increeks, an Increeks employee, another user, or any other person or entity.
(e) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Increeks or users of the Service, or expose them to liability.
3.3. Additionally, you agree not to:
(a) Use the Service in any manner that could disable, overburden, damage, or impair the Site or Service or interfere with any other party's use of the Site or Service.
(b) Use any robot, spider, or other automatic device, process, or means to access the Site or Service for any purpose, including monitoring or copying any of the material on the Site or Service.
(c) Use any manual process to monitor or copy any of the material on the Site or Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Site or Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
3.4. We reserve the right to terminate or restrict your access to the Service for any reason, without notice, at any time, in our sole discretion.
4. Data Protection and Privacy
4.1. We are committed to protecting your privacy and the security of your personal information. Our Privacy Policy, available on the Site, sets out the terms on which we process any personal data we collect from you, or that you provide to us.
4.2. By using the Site or Service, you consent to the processing of your personal data as described in our Privacy Policy.
5. Disclaimer of Warranties
5.1. THE SERVICE AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
5.2. INCREEKS MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
5.3. ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT, MATERIAL, OR INFORMATION.
5.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6. Limitation of Liability
6.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INCREEKS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
6.2. INCREEKS SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, STRIKES, OR SHORTAGES OF TRANSPORTATION, FACILITIES, FUEL, ENERGY, LABOR, OR MATERIALS.
6.3. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, INCREEKS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, INCREEKS'S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE PRECEDING TWELVE (12) MONTHS.
7. Indemnification
7.1. You agree to defend, indemnify, and hold harmless Increeks, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
8. Governing Law and Jurisdiction
8.1. These Terms shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law.
8.2. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996.
8.3. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties, failing which by the President of the Indian Council of Arbitration.
8.4. The place of arbitration shall be Hyderabad, India, and the language of the arbitration shall be English.
9. Miscellaneous
9.1. These Terms and the Privacy Policy constitute the entire agreement between you and Increeks with respect to the use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Increeks with respect to the Service.
9.2. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.3. Increeks's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
9.4. You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. Increeks may assign or transfer these Terms, in whole or in part, without restriction.
9.5. These Terms are binding upon and will inure to the benefit of each party's permitted successors and assigns.
9.6. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Increeks as a result of these Terms or your use of the Service.
9.7. The headings and captions in these Terms are for convenience only and do not affect the interpretation of these Terms.
9.8. Any notices or other communications provided by Increeks under these Terms, including those regarding modifications to these Terms, will be given by Increeks: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
9.9. Increeks shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
9.10. The failure of Increeks to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.11. You acknowledge that you have read these Terms, understand them, and agree to be bound by their terms and conditions. You further acknowledge that these Terms represent the complete and exclusive statement of the agreement between you and Increeks and that it supersedes any proposal or prior agreement, oral or written, and any other communication between you and Increeks relating to the subject matter of these Terms.
9.12. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
9.13. These Terms and any action related thereto will be governed by the laws of the Republic of India without regard to its conflict of laws provisions.
9.14. Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a single arbitrator appointed by Increeks in accordance with the rules of the Indian Council of Arbitration. The arbitration shall be held in Hyderabad, Telangana, India and the language of the arbitration shall be English.
9.15. Any claim arising out of or related to these Terms or the Service must be filed within one year after such claim arose, otherwise the claim shall be forever barred.
9.16. These Terms constitute the entire agreement between you and Increeks and supersede all prior understandings, representations, or agreements, whether oral or written, regarding the subject matter of these Terms.
10. Subdomains:
10.1 Increeks may offer subdomains as part of its services, such as [subdomain].increeks.com.
10.2 Users may only use subdomains that are allocated to them by Increeks and may not transfer or sell their subdomains.
10.3 Increeks reserves the right to reclaim any subdomain at any time if it violates these Terms or if it is no longer being actively used.
10.4 Users are solely responsible for the content and activities associated with their subdomains, including compliance with applicable laws and regulations.
10.5 Increeks may suspend or terminate a user's subdomain at any time if it is being used for illegal or malicious purposes or if it violates these Terms.
11. Products and Services:
11.1 Increeks may offer various products and services through its website or other platforms, including software, applications, and other digital content.
11.2 Use of these products and services may be subject to separate terms and conditions, which will be provided to the user at the time of use or purchase.
11.3 Increeks reserves the right to modify, discontinue, or add new products and services at any time without prior notice.
11.4 Any feedback or suggestions provided by users regarding Increeks' products and services may be used by Increeks for any purpose without obligation or compensation to the user.
11.5 Users are solely responsible for the use and security of any account information or login credentials associated with their use of Increeks' products and services.
11.6 Users may not reproduce, distribute, modify, or create derivative works based on any of 11.7 Increeks' products or services without the express written consent of Increeks.
11.8 Increeks may use third-party providers to offer certain products and services, and these providers may have separate terms and conditions that apply to their use.
11.9 Increeks does not guarantee the availability, accuracy, or reliability of any products or services offered through its website or other platforms, and users assume all risks associated with their use.
Thank you for taking the time to read these Terms and Conditions. We hope that you enjoy using our services and we look forward to working with you. If you have any questions or concerns about these Terms, please contact us at help@increeks.com.
CONTACT DEATAILS:
Address: 177 A, Yadamma Nagar colony, Trimalgiri, Secunderabad, Hyderabad, TS 500015 India 🇮🇳
Emails: help@increeks.com / info@increeks.com
Mobile: +91-8217279717
