TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name www.trutrtl.com and its mobile application (hereinafter referred to as the “Website”) are owned by Digicart India(DC), a proprietorship firm registered in India and having its registered office at A-169, Ashok Vihar Phase-1,Delhi-110052. DC reserves the right, at its sole discretion, to change, modify, add or remove portions of this Privacy Policy (the “Policy”), at any time without any prior written notice to you. It is your sole responsibility to review this Policy periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. Unless otherwise noted in this Policy, the terms “we” and “us” refer to truTRTL. truTRTL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use (the “Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website alongwith its revisions and updates shall be deemed to mean that you accept and agree to the revisions. You are responsible to ensure that your access to this Website and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material. As long as you comply with these Terms, truTRTL grants you a personal, non-exclusive, non-transferable, limited privilege right to access and use the Website. Your access to use of the Website and the services will be solely at the discretion of DC and truTRTL.

The Terms are published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• i. the Indian Contract Act, 1872,
• ii. the (Indian) Information Technology Act, 2000, and
• iii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

1. Consent

Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all truTRTL’s policies, including but not limited to its Privacy Policy as amended from time to time.

2. Membership Eligibility

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un- discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. truTRTL reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to truTRTL’s notice or if it is discovered that such person is not eligible to use the Website. You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting these Terms, you represent and warrant to Practo that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the services available through the Website, and agree to and abide by these Terms.

3. Account and Registration Obligations

• 3.1. The Website allows only limited and restricted access to the services for unregistered users.
• 3.1. The Website allows only limited and restricted access to the services for unregistered users.
• 3.2. When you register on the Website, you are required to create an account through your Facebook or google account and you can also sign up with us by providing your name, gender, date of birth and email id.
• 3.3. You agree that the Account Information that you provide to us at all times, including during registration will be true, accurate, up-to-date, and complete. You agree that if you provide any information that is untrue, inaccurate, not up- to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if truTRTL has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with these Terms, truTRTL shall have the right to indefinitely suspend or terminate or block access to your Account on the Website and refuse to provide you access to the Website.
• 3.4. You shall not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account.
• 3.5. truTRTL reserves the right to take any and all action, as it deems necessary or reasonable,to maintain the security of the Website and your Account Information.
• 3.6. In no event and under no circumstances shall truTRTL be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, your use of the Account Information or your disclosure of the Account Information to a third party.
• 3.7. You shall not use anyone else’s account at any time for login into the Website.
• 3.8. You understand that once you register as a user on the Website, you agree to receive SMS messages and phone calls from truTRTL on your registered mobile number and you agree to receive emails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by truTRTL.
• 3.9. You agree to, (i) immediately notify truTRTL of any unauthorised use of your Account Information or any other breach of security; and (ii) ensure that you sign out from the Account at the end of each session. truTRTL cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You shall be responsible for the losses incurred by truTRTL or any user or visitor of the Website due to your acts or omissions.

4. Use of the Website

You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

• 4.1. belongs to another person or entity and to which you do not have any right.
• 4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
• 4.3. is misleading in any way.
• 4.4. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
• 4.5. infringes upon or violates DC’s or truTRTL rights, any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.
• 4.6. provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
• 4.7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
• 4.8. engages in commercial activities without truTRTL’s prior written consent such as contests, sweepstakes, barter, advertising etc.
• 4.9. interferes with another user’s use of the Website.
• 4.10. refers to any website or URL that, in truTRTL’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
• 4.11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
• 4.12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

5. Your Reviews

• 5.1. 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 truTRTL using the Website (collectively referred to “User Content”).
• 5.2. 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 truTRTL does not endorse any User Content on the Website and is not responsible or liable for any User Content. truTRTL reserves the right to disable access to the User Content on the Website.
• 5.3. You hereby grant truTRTL 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; and (iii) that such User Content is lawful.
• 5.4. You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

6. Intellectual Property Rights

• 6.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned by DC and truTRTL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is the intellectual property right of DC and truTRTL.
• 6.2. Through your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. truTRTL and DC reserves the right to change or modify the Content from time to time at its sole discretion.
• 6.3. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of DC or respective third parties. You are not permitted to use the Marks without the prior written consent of DC and truTRTL, or the third party that may own the Marks.
• 6.4. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned,DC owns all intellectual property rights to and into the trademark “truTRTL”, and the Website, 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.
• 6.5. 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 written authorization from DC and truTRTL or thirty party owner of such Content as the case may be.

7. Confidentiality

As mentioned under the Privacy Policy, truTRTL shall maintain confidentiality of all confidential information, including your personal information, and shall not disclose it to anyone except as provided in the Privacy Policy, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. truTRTL acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. truTRTL shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

8. Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you do not agree to the Privacy Policy then, please do not use the Website.

9. Non-Disparagement

You shall not make any oral or written statement about the company or its clients, which is intended or reasonably likely to disparage the company, their clients, their associates, affiliates, employees or otherwise degrade the company’s or its client’s reputation or goodwill in the business or any related industry in general and on Website.

10. Links to Third Party Websites

The Website may contain links and interactive functionality interacting with the websites of third parties. truTRTL is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, truTRTL strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information- sharing functions of each such third-party website.

11. Indemnity

You shall indemnify and hold harmless DC and truTRTL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

12. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY truTRTL ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. truTRTL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. truTRTL/DC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. truTRTL/DC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, truTRTL/DC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

13. Limitation of Liability

IN NO EVENT SHALL truTRTL/DC, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT truTRTL/DC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF truTRTL/DC VIS-À-VIS ANY USER OF THE WEBSITE, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF INR 5000/-. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996 alongwith its modifications and amendments thereof.. The venue of arbitration shall be Delhi, India. All arbitration proceedings shall be conducted in English language.

15. Our details:

Write to us on info@truTRTL.com or indicate your consent or withdrawal of your consent to marketing communications, interest-based advertising, cross-app advertising, statistical identification and cross-device targeting by clicking on the “Unsubscribe” link in communications which you receive from us.

16. Grievance Redressal:

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

If you wish to make a complaint regarding any violation of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder