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TERMS OF USE

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND TRUDO INDIA PRIVATE LIMITED. (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND TRUDO FOR THE USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the website located at the URL www.trudo,in and mobile application under the name and style "Trudo" (the Website) is between Trudo India Private Limited (hereinafter referred to as "Trudo" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Trudo offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use available at https://trudo.in/terms_condition, the Privacy Policy available at https://trudo.in/privacypolicy, the other policies of the Website available at www.trudo.in under "Policy Info" section or elsewhere on the Website, the Seller Agreement available at sellers.trudo.in (applicable if You are a seller of the products on the Website) and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

If you are accessing the Trudo mobile application or accessing the Services through the Trudo mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

1. THE TERMS

  • • 1.1 These terms and conditions of use ("Terms of Use" or “Terms”) of the website www.trudo.in and instances thereof, including any and all related mobile applications (“Website”) between TRUDO INDIA PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, (“Company” or “Trudo” and its successors and assigns also a “company” under the Companies Act, 2013) and the users of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which the Company offers You access to the Website.
  • • 1.2 These Terms of Use are subject to revision by Trudo at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Trudo last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be your responsibility to check these Terms of Use periodically for changes. Trudo may require you to provide your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website and/or Services, following such changes, will constitute your acceptance of those changes.
  • • If there is any conflict: (i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict; (ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service; (iii) between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict; (iv) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2. GENERAL

  • • 2.1. The Website is an Internet based portal owned and operated by Trudo. Use of the Website is offered to You subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Service (defined below). By (i) using this Website or any facility or service provided via this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms and the Privacy Policy available at the homepage.
  • • 2.2. The Company shall not be required to notify You of any changes made to the Terms. The revised Terms shall be made available on the Website. Your use of the Website is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.trudo.in to view the most current Terms. You can determine when the Terms were last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website will constitute Your acceptance of such changes.

3. SERVICES

  • • 3.1 The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

4. ELIGIBILITY TO USE

  • • 4.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Trudo system by Trudo for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Trudo and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
  • • 4.2 Trudo reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
  • • 4.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

5. USER ACCOUNT, PASSWORD, AND SECURITY

  • • 5.1. The Company may make the Products and/or Services available to You only if You have provided Trudo certain required User information and / or created an account ("Account") through an Trudo ID and password or other log-in ID and password (collectively, the "Account Information"). The sale of Products and/or Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Products and/or Services.
  • • 5.2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Trudo of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. Trudo cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by Trudo or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
  • • 5.3. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
  • • 5.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Trudo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trudo has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

6. PRICING INFORMATION

  • • 6.1. Trudo strives to make available Products and Services at the best possible prices and terms. Information relating to pricing of products, terms of purchase of Products, and availing any Services, through the Website.
  • • 6.2. You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. Trudo expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.

7. USER OBLIGATIONS

  • • 7.1 Subject to compliance with the Agreement(s), Trudo grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • • 7.2. You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
  • • 7.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You will access the Website in accordance with the Terms and particularly Section 8 and 10 below.
  • • 7.4. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Trudo. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • • 7.5 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Trudo using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Trudo does not endorse any User Content on the Website and is not responsible or liable for any User Content. Trudo reserve the right to disable access to the User Content on the Website.
  • • 7.6 You hereby grant Trudo a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
  • • 7.7 You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Trudo is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Trudo is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Trudo neither recommends You to buy or sell any Products on the Website nor does Trudo endorses any such Products and nor does Trudo provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Trudo does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
  • • 7.8 By accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Trudo disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed below
  • • 7.9. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
    • • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
    • • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
    • • Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
    • • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
    • • Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
    • • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Trudo server, or to any of the Product and Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
    • • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Trudo, including any Trudo Account not owned by You, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
    • • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • • Collect or store data about other Users.
    • • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
    • • Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Trudo or other third parties;
    • • Conduct or forward surveys, contests, pyramid schemes or chain letters;
    • • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • • Violate any code of conduct or other guide, which may be applicable to the Website;
    • • Violate any applicable laws or regulations for the time being in force within or outside India;
    • • Violate the Terms including but not limited to any applicable Additional Terms; and
    • • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
  • • 7.10. You agree that You are solely responsible to Trudo and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Trudo or its affiliates or its vendors may suffer) for any such breach.
  • • 7.12 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
  • • 7.13 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  • • 7.14 You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
  • • 7.15 Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Trudo reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Trudo as per certain criteria. Any rewards or benefits provided by Trudo and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Trudo for the purpose of identifying 'Bulk Order', including but not limited to:
  • a. Products ordered for commercial resale and not for self-consumption; b. Multiple orders placed for same product at the same address; c. Bulk quantity of the same product ordered; d. Invalid address given in order details; or e. Any malpractice used to place the order.
  • • 7.16 There may be certain orders that Trudo is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in Trudo's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
  • • 7.17 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
  • • 7.18 In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Trudo for the same, Trudo may inform the seller to provide or facilitate the provision of such services to the buyer. Trudo is not and shall not be obliged to provide any such additional services. Trudo's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

8. USE OF MATERIALS

  • • 8.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, Trudo hereby grants You a non-exclusive, freely revocable (upon notice from Trudo), non-transferable access to view and print catalogues of Products or any other materials available on the Website, subject to the following conditions:
    • • You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
    • • You shall not modify or alter catalogues of Products or any other materials available on the Website; and
    • • You may not remove any text, copyright or other proprietary notices contained in the catalogues of Products and Services or any other materials available on the Website.
  • • 8.2. The rights granted to You as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and shall not be copied or imitated in whole or in part. The catalogues of Products and Services or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by Trudo.
  • • 8.3. Any software that is available on the Website is the property of Trudo. You shall not use, download or install any software available at the Website, unless otherwise expressly permitted by Trudo.

9. USAGE CONDUCT

  • • 9.1. You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
  • • 9.2. You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
  • • 9.3. Trudo shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to any unauthorized transaction effected from Your Account for any reason whatsoever.

10. INTELLECTUAL PROPERTY RIGHTS

  • • 10.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Trudo and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
  • • 10.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Trudo. You are not permitted to use the Marks without the prior consent of Trudo.
  • • 10.3. Trudo owns all intellectual property rights to the trademark "Trudo" and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • • 10.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Trudo.

11. DISCLAIMER OF WARRANTIES & LIABILITY

  • • YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
  • • 11.1. You shall indemnify, defend and hold harmless Trudo 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 Trudo that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or any Additional Terms applicable to purchase of Products and/or Services, or any violation of the Terms and/or Terms of Offer for Sale or other terms and conditions relating to the use of the Website and the purchase of Products.
  • • 11.2. In no event shall Trudo, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not Trudo has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the Products and/or availing of any Services herein.
  • • 11.3. TRUDO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY PRODUCTS OR SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TRUDO SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, TRUDO SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. TRUDO IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND.
  • • 11.4. NOTWITHSTANDING ANYTHING TO CONTRARY CONTAINED IN THESE TERMS, TERMS OF OFFER FOR SALE OR ELSEWHERE, TRUDO'S ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT OF THE MONEYS PAID BY YOU FOR OR TOWARDS ANY PRODUCT OR SERVICE, IN CONNECTION WITH WHICH THE CLAIM HAS ARISEN, WHICH AMOUNT SHALL BE REFUNDED YOU, IN CASE THE CLAIM IS PROVEN BY AN ORDER OF THE COURT OR ANY COMPETENT AUTHORITY.
  • • 11.5. IN NO EVENT SHALL TRUDO, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT TRUDO HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
  • • 11.6. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. VIOLATION OF THE TERMS OF USE

  • • 12.1. Trudo may, in its sole discretion and without prior notice, terminate Your access to the Website if Trudo determines that You have violated the Terms or Additional Terms or any other duty owed to Trudo. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to Trudo, for which monetary damages is likely to be inadequate, and You consent to Trudo obtaining any injunctive or equitable relief that Trudo deems necessary or appropriate. These remedies are in addition to any other remedies Trudo may have at law or in equity.

13. TERMINATION

  • • 13.1. The Terms will continue to apply until terminated by either You or Trudo as set forth below. If You want to terminate Your agreement with Trudo, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.
  • • 13.2. Trudo may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
    • • 13.2.1. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;
    • • 13.2.2. Trudo is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);
    • • 13.2.3. The sale of Products or provision of the Services to You by Trudo is, in Trudo's opinion, no longer commercially viable;
    • • 13.2.4. Trudo has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You;or
    • • 13.2.5. For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. Trudo may also delete any content or other materials relating to Your use of the Website.
  • • 13.3. Trudo shall not be liable to You or any third party for any such termination.
  • • 13.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

14. GOVERNING LAW

  • • 14.1. The Terms and all transactions entered and the relationship between You and Trudo and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
  • • 14.2. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Aligarh District, India and You hereby accede to and accept the jurisdiction of such courts.

15. REPORT ABUSE

  • • In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report to info@trudo.in

16. PRIVACY POLICY

  • • You confirm that you have read and fully understand the Privacy Policy of Trudo in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

17. NEWSLETTERS AND COMMUNICATIONS

  • • You hereby expressly agree to receive communications and newsletters from Trudo by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Trudo at any time by following the procedure set forth in the newsletters.

18. GENERAL PROVISIONS

  • • 18.1. Notice: All notices from Trudo will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Trudo pursuant to the Terms should be sent to info@trudo.in.
  • • 18.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. Trudo's rights under the Terms of Use are freely transferable by Trudo to any third parties without the requirement of seeking Your consent.
  • • 18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
  • • 18.4. Waiver: Any failure by Trudo to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
  • • 18.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. Trudo shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Trudo is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Trudo for the feedback under any circumstances.
  • • 18.6. Exactness Not Guaranteed: Trudo tries its best to deliver Products and Services exactly the way they are described on the Website. However, the nature and tendency of natural material based products is that each piece of furniture is unique in its own way. Trudo hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.

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