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Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures and it is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of Kreate Platform.

The Website, and the Mobile Application “Kreate” collectively referred to as “Platform” is owned and operated by Crowdpouch Marketing Service Private Limited hereinafter referred to as “Crowdpouch, "Us", "We", "Our”, a company incorporated under Companies Act, 2013.

DEFINITION

For the purpose of this Terms and Conditions, Registered User / Guest User and wherever the context so requires, '"You", "Your" shall mean any natural or legal person who is accessing the Platform, its contents and using the services offered on or through the Platform and has agreed to become a member of the Platform by providing Registration Data (as defined hereinafter) while registering on the Platform as a Registered User / Guest User using the digital systems of the Platform and accepted this electronic version / electronic record of the Terms and Conditions and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become a Registered User or has been identified as Guest User by providing phone number. Further, reference to "We", "Us", "Our" and "Kreate" shall mean Crowdpouch Marketing Services Private Limited and includes its associates, affiliates, subsidiary (ies) and holding.

Services shall mean services provided by Us as an intermediary including services provided by the Seller
Seller  shall mean third party registered on the Platform to sell their Products
Buyer ("You", “Your") shall mean the Users registered with the Platform and purchasing Products
Product shall mean products, goods sold on and through the Platform by the registered Seller.

TERMS AND CONDITIONS FOR USING THE PLATFORM

The use of the Platform is offered to you conditioned upon Your 'Acceptance' of all the terms, conditions and notices contained in this Terms and Conditions. Upon "Acceptance", this Terms and Conditions shall be effective and binding upon you along with any amendments made by Crowdpouch at its sole discretion and posted on the Platform and You shall not claim invalidity of this Terms and Conditions  merely on the grounds that this Terms and Conditions is being documented and concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action by You, input of the OTP generated for the purpose of getting registered on the Platform as a Guest User or any act which reflects Your use of the Platform or the Services provided by the Platform or any such other actions that imply Your acceptance to the present electronic document. Your use of the Platform implies that You agree with the Terms and Conditions. If You do not agree or are not willing to be bound by the Terms and Conditions of this Platform and Rules and Policies as displayed on the Platform, you may choose to not enter the OTP or generate the OTP while registering using your mobile number.

For all orders placed by You on the Platforms. You acknowledge and undertake that You are accessing the Services provided on the Platform and are transacting at Your own risk and are using Your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the Products and at the price indicated therein.

You agree and acknowledge that You will have to make the requisite payment for the Services availed by them on the Platform. We accept online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. 

If You may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Refund & Return Policy.

AMENDMENTS

When You use any of the Services provided by us through the Platform, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as part and parcel of these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Terms and Conditions, at any time without any prior written notice/intimation to you. It is Your responsibility to review these Terms of Use periodically for any updates / changes. Your continued use of the Platform following subsequent to the posting of updates/changes shall mean that You accept and agree to the revisions. As long as You comply with the provisions of this Terms and Conditions, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

By accepting this Terms and Conditions, you also accept and agree to be bound by Kreate’s Rules and Policies as provided from time to time pursuant to the Terms and Conditions of the Platform 

CONTENT ON PLATFORM

All information, content and material contained on the Platform are and continue to be Crowdpouch’s or Seller’s intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Crowdpouch or relevant seller. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. Any unauthorized use terminates the permissions granted in these Terms and Conditions.

We authorise You to view and access the Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy. We grant to You a limited, revocable license to access and use the Services. This license does not include a permission for carrying out any resale of the Products or commercial use of the content, any collection and use of product listings, description, or prices, and any derivative use of the Platforms .

You hereby grant Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to Us through the Platform.

REGISTRATION

Creating a Kreate account: To avail the Services and and purchase Products, You will be required to register on the Platform. The registration shall be a one time process. 

By providing the relevant information (mobile number) for the creation of Your account on the Platform (referred to as Registration Data). Following this, an account with an exclusive username and password will be created by Us for You.

USER WARRANTIES AND RESTRICTIONS

You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or Crowdpouch. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to the following.

You represent and warrants us the following, that You shall not

  • Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the You do not own or have express permission to modify;

  • Decompile, reverse engineer, or disassemble the content;

  • Use the Services in any way that is unlawful, or harms Us or any other person or entity, as determined by Our sole discretion;

  • Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;

  • Make false or malicious statements against the Services, the Platform or Crowdpouch;

  • Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and/or the Services;

  • Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or

  • Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.

  • Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:

  • belongs to another person and to which they do not have any right;

  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

  • harms minors in any way;

  • infringes any patent, trademark, copyright or other proprietary rights;

  • violates any law for the time being in force;

  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  • impersonates or defames another person; or

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

You are solely responsible for maintaining the confidentiality of Your account Information and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account. You are requested to safeguard Your password and Your account and make sure that others do not have access to it. It is the Your responsibility to keep Your account information current and accurate. 

You agree to: 

(a) immediately notify Us of any unauthorized use of the account or any other security breach; and 

(b) ensure that You exit from Your account at the end of each session. 

We shall not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Us or any other User due to unauthorized use of Your account, resulting from the failure to keep Your account information secure and confidential.

Pursuant to Rule 5(7) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform, You are advised to not be involved in transmission of sensitive and personal information including Your account information.

LIMITED LIABILITY

We shall under no circumstances be liable for any consequential, incidental, special, exemplary or punitive damages, including lost profits that result from Your purchase of any Products on Platform or any Services availed, even if “Crowdpouch” has been advised of the possibility of such damages.

All information in relation to third parties, including Sellers and the Products as available on the Platforms (“Third Party Information”) are provided solely for reference. Crowdpouch is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and You access the Third Party Information at Your own risk.

FORCE MAJEURE

Under no circumstances We shall be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.

COMMUNICATION

You agree and understand that on and after You become a registered User, You may receive notifications from Kreate in the form of SMS or email on Your registered mobile number or email id. The notifications could relate to Your registration, promotions and transactions that You carry out through the Platform. Furthermore, We may also send notifications and reminders to You with respect to their activity on the Platform, in relation to the Services availed by You. Please note that We seek to provide these notifications and reminders to You and We shall not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to You.