TERMS AND CONDITIONS
BY USING THIS WEBSITE OR BY CLICKING A BOX THAT STATES THAT THE USER ACCEPTS AND AGREES TO THESE TERMS OF USE, THE USER IS CONFIRMING THAT THE USER HAS READ, UNDERSTOOD AND ACCEPTED THESE TERMS OF USE AND IS LEGALLY ENTITLED TO ENTER INTO THIS AGREEMENT. IF THE USER DOES NOT AGREE TO THESE TERMS OF USE, THE USER IS NOT PERMITTED TO USE THIS WEBSITE.
ANY COMPLAINTS OR GRIEVANCES REGARDING THE USE OR INFORMATION POSTED ON THIS WEBSITE, MAY BE SENT TO admin@tremq.com
INTRODUCTION
This website, tremq.com, and app, tremq,(hereinafter referred to as "Tremq") is owned, hosted and operated by Tremq India Pvt Ltd., a company incorporated in India under the Companies Act, 1956. These terms and conditions regulating use of these Services constitute a legally binding agreement (the “Agreement”) between Tremq and the User (You).
Tremq and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
Tremq may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Tremq. You may review the modified terms and conditions periodically to be aware of such modifications. Tremq will also notify registered users of changes to terms and conditions via the registered email. Your continued access or use of Tremq shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Tremq may also suspend the operation of Tremq for support or technical upgrades or maintenance work in order to update the content or for any other reason.
If you utilize Tremq in a manner inconsistent with these terms and conditions, Tremq may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
DEFINITIONS
The term Vendor would include any person, whether an individual or a legal entity who has subscribed to the Services of Tremq (whether on a paid or free basis), and to whom the access to Tremq is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Tremq or chosen by the vendor or agreed upon by Tremq. It is made abundantly clear that only the authorised User has the right to access the Services so offered by Tremq.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Tremq, without the need or a requirement to create an account i.e. visits non-restricted portions of Tremq.
The use and access to Tremq shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of Tremq, and expressly so with respect to respecting the intellectual product rights of the Tremq, and abiding by terms and conditions below mentioned.
The terms 'User' and 'Customer' would include both the vendor/Advertiser(s) and Browser/Visitor(s)
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Tremq on the internet through which the user may access information carried by Tremq in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Tremq acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
SUBMISSION AND ADMINISTRATION OF PRODUCT LISTINGS / ADVERTISEMENTS
Any User agrees not to submit any product descriptions, photographs, financial, contact or other information contained in each product's data to Tremq unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such product or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said product(s) on the User's website or on Tremq. Similarly, Tremq doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by Tremq & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. The User in addition shall furnish a brief background of such product in respect of title, ownership and possession, Tremq may also require the User to support his/her claims with respect to the status of the product with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the product by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Tremq may, at its sole discretion but without any obligation to, search for such and remove products that are alleged to have been submitted in violation of this provision. In addition, Tremq may require additional evidence of compliance with this provision from Users who are alleged to have submitted products or other information/data in violation of these terms and conditions. Tremq will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the product listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the Tremq website. Tremq shall have the sole authority to choose the manner in which any product will be searched, displayed, accessed, downloaded, copied, and otherwise used on Tremq and Tremq shall have the right to modify the product listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
(a) to represent and warrant that all products and associated information provided by the User will be accurate
(b) that the User will not permit the posting of a product on Tremq under a name other than the name of the owning vendor who has been duly authorized and engaged by the owner of the product in this regard
Tremq shall place the information relating to products at defined sections of Tremq or such other mirror or parallel site(s). Tremq reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the products posted on the User's website or on Tremq without notice. Tremq accepts no responsibility for checking /verifying the accuracy of reports or data files submitted by the User. While Tremq shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Tremq.
Users, who are buying/renting product/products through Tremq, must verify details the product/products as well as its right, title, ownership, lien etc. on their own.
PAYMENT TERMS
Payments for the Services offered by Tremq shall be on a 100% advance basis. The payment for Service once subscribed to by the vendor is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Tremq. Tremq offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that Tremq, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a vendor/user against any amount(s) payable by User to Tremq under any other agreement or commercial relationship towards other products/services. Tremq gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Tremq undertakes no liability for free Services. Tremq reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Tremq uses maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Tremq does not store or keep credit or debit card data. Since the transaction happens on a third-party network not controlled by Tremq, once a credit card transaction has been completed, the payment information is not accessible to anyone at Tremq after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
Tremq shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
REFUND IN FAILED TRANSACTIONS
Though Tremq payment reconciliation team works on a 24 x 7 basis, Tremq offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the vendors card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable product content being posted on the site would be at the discretion of Tremq.
If you utilize Tremq in a manner inconsistent with these terms and conditions, Tremq may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Tremq. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Tremq. Tremq does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL product RIGHTS
All logos, brands, trademarks and Service marks ("Marks") appearing in Tremq are the products either owned or used under license by Tremq and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Tremq / its associates. The access to Tremq does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.
Tremq respects the Intellectual product Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Tremq shall protect and respect the Intellectual product Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Tremq as a platform to infringe the Intellectual product Rights of others, Tremq will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access Tremq, Tremq grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to:
(a) Utilize the Services offered by Tremq in any manner so as to impair the interests and functioning of Tremq and which is non-compliant with laws and regulations
(b) Access data not intended for you or log into server or account that you are not authorized to access
(c) Attempt to probe, scan or test the vulnerability of a system or network
(d) Attempt or breach security or authentication measures without proper authorization
(e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Tremq, overloading, Flooding, mail bombing or crashing
(f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Tremq except as permitted
(g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Tremq to any other system. No reproduction of any part of Tremq may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Tremq, whether in hard copy or electronic format, including postings to any other Tremq
(h) Remove any copyright, trade mark or other intellectual product notices contained in the original material from any material copied or printed off from Tremq or link to Tremq, without our express written consent
(i) The user shall not utilize the Services offered by Tremq in any manner so as to impair the interests and functioning of Tremq. The user undertakes not to duplicate, download publish, modify and distribute material on Tremq.com unless specifically authorized by Tremq in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Tremq other than the Home Page without obtaining prior consent of Tremq strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc., or through any manual process for a purpose which has not been authorized in writing
(j) users undertake that the Services offered by Tremq shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Tremq is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by Tremq to relay emails. All attempts shall be made by Tremq and the user to abide by International Best Practices in containing and eliminating Spam.
The User / vendor / visitor to Tremq or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
Tremq may provide links to other third-party World Wide Web sites or resources. Tremq makes no representations whatsoever about any other Web site you may access through Tremq.
DISCLAIMER AND WARRANTIES
Tremq is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF Tremq IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Tremq AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Tremq.
Views expressed by the Users are their own, Tremq does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. Tremq does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Tremq offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Tremq are solely for the purposes of display of the product advertised.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Tremq does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their own risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in Tremq or any of its Affiliates. Further, nothing contained in Tremq should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Tremq makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
Tremq is controlled and operated from Mumbai, India and Tremq makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Tremq from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
Tremq offers products, Services, content and various other functionalities through Tremq and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Tremq does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Tremq may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that Tremq intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
Tremq will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Tremq, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Tremq assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. Tremq shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Tremq (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon Tremq.
TERMINATION
Tremq may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Tremq (or any part thereof) for any reason, including, without limitation, that Tremq based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on Tremq may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, Tremq and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Tremq material or your breach of these terms and conditions or any applicable law.
Tremq will not be party to any legal proceedings between parties contracted through these Services. In case Tremq is sought to implicated in any legal proceedings, costs will be recovered from the party that names Tremq as a party to such proceedings. Tremq shall abide with any court order served on it through due process.
PRIVACY POLICY
The user of Tremq is subject to its privacy policy Tremq Privacy Policy
ARBITRATION
If any dispute arises between a user/users and Tremq arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Tremq. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Hyderabad, Telangana, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and Tremq governs your use of Tremq. If any provision of these Tremq terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
WAIVER
The failure of Tremq to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
GOVERNING LAW
By accessing Tremq you agree that the laws prevailing in India shall be the governing laws in all matters relating to Tremq as well as these terms and conditions.
JURISDICTION
Courts at Hyderabad, Telangana, India alone shall have the exclusive jurisdiction in all matters relating to Tremq and these terms and conditions, irrespective of the territory and jurisdiction of your access to Tremq.
Tremq does not routinely monitor your postings to the web site but reserves the right to do so. However, if Tremq becomes aware of an inappropriate use of Tremq or any of its Services, Tremq will respond in any way that, in its sole discretion, Tremq deems appropriate. You acknowledge that Tremq will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Tremq will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Tremq reserves all other rights.
VIOLATIONS
Please report any violations of these terms and conditions to admin@tremq.com