Terms of Use | Criclick

Terms of Use

The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to and use of the website, including any content, functionality and Goods or Services offered on or through www.criclick.com (the “Platform”) by Criclick, Inc. ("Criclick").

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found https://criclick.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

By using our Goods or Services you agree that you are over the age of 13 years who can form legally binding contracts under applicable law, and who properly create a valid account as explained below. By using our Goods or Services you agree that we reserve the right to suspend your account or stop providing our Goods or Services to at our discretion. This document is an electronic record which is generated by a computer system and does not require any physical or digital signatures.

Key Terms

Users are those who post about Goods or Services, jobs, offers, updates, things for sale, events, recommend a business or someone, request quotes, get reviews and have a business profile.

Goods or Services are Goods or Services which some Users offers and some wishes to avail.

We/Our/Us mean Company Name.

Disputes are disagreements experienced during an order between a User and User on the Platform.

Banned Goods or Services are Goods or Services which the User is not supposed to list on the Platform and the User is not supposed to purchase like posting pornographic, adult, abusive content, images, text etc,

Overview (Main terms, in a nutshell)

  • Any User whether registered or unregistered can put offers/deal and get enquiry from other Users.
  • We don't accept or collect any payments from Users for any kind of booking or anything else. The use of this Platform is free of cost.
  • Users must not offer any Banned Goods or Services and Users must not purchase the same.
  • Users must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Users’ reputation and status.

Use of Platform

You also acknowledge and agree that, unless we otherwise specifically agree in writing, Company Name is not in the business of offering or selling Goods or Services. You understand that by accessing the Platform, you receive only the ability to use the Platform to become a User, including, but not limited to, the ability to message other Users about Goods or Services. You acknowledge and agree that Company Name is not a party to any relationship or agreement between you and another User, and that any such relationship is between the Users only. You also acknowledge and agree that at all times, it is your responsibility and not Company Name’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant federal, state, local, and international laws, rules and regulations that may apply to any Goods or Services or to any relationship between Users.

Users also acknowledge and agree that they are users of the Platform only, and that they are not Company Name employees, joint ventures, partners, or agents whatsoever. Company Name does not have the right to control and does not control Users, or the relationships between them or the subject matter of such relationships. You acknowledge and agree that, except where these Terms provide otherwise, it is the Users themselves who establish any applicable Users Fees. While Company Name may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Service arranged between Users, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Users on the Platform, (iii) the performance or conduct of any User or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Users or the subject matter thereof.

The User has the option to hide the profile for non users, block a User and follow or unfollow another User.

Modification or Changes to the Platform or Terms of Use

We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, or any other aspect of the relationship between Company Name and You. You should look at the Terms regularly.

If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Platform.

Account Registration, User Verification and Other User Representations and Warranties

To access Our Goods or Services, You may either choose validly register or use the Platform without registration or opening an account. For registration, you will need a verified phone and email. As indicated above, by doing so, You represent and warrant that you are over the age of 13 years and are capable of entering into legally binding agreements in the relevant jurisdiction(s).

To create a User account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Company Name Account password and other information, and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Company Name of any suspected unauthorized use. Company Name is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Company Name or third parties due to unauthorized use of Your Account.

Rights and Obligations of Company Name

  • Company Name will attempt to continuously innovate in order to provide the best possible Goods or Services to its users. You acknowledge and agree that the form and nature of the Goods or Services provided by Company Name may change from time to time without any prior notice.
  • You acknowledge and agree that Company Name may stop (permanently or temporarily) providing the Goods or Services (or any features within the Goods or Services) to you or to User at its sole discretion.
  • You acknowledge and agree that if Company Name disables access to your account or login route, you may be prevented from accessing the Goods or Services, your account details or any files or other content which is contained in your account.
  • You acknowledge and agree that while Company Name may not currently limit your use of the Goods or Services in any way, it may do so if that use hinders with the ability of Company Name to carry on its operations or the ability of other customers to use the offering.
  • Company Name shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Goods or Services or the discontinuation altogether thereof.

Rights and Obligations of Users

  • In order to access the Goods or Services, the User may be required to provide personal information, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.
  • You agree to use the Goods or Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.
  • You agree not to access (or attempt to access) the Goods or Services by any means other than through the interface that is provided by Company Name unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Goods or Services through any automated means including but not limited to the use of scripts and web crawlers.
  • You agree that you will not engage in any activity that interferes with or disrupts the Goods or Services (or the servers and networks which are connected to the offering).
  • You agree that you are solely responsible for (and that Company Name has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company Name may suffer) of any such breach.
  • You agree that will not use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.
  • You agree that will not violate any local, state, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Users or to any Goods or Services.
  • You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party Platform.
  • You agree that will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Company Name or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
  • You agree that will not “Stalk” or harass or intimidate any other User or user of the Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes.
  • You agree that will not recruit, solicit, or contact in any form Users for employment or any other use not specifically intended by the Platform.
  • You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
  • You agree that will not violate any Company Name policies that govern or relate to Your use of the Platform and interactions with You and third parties.
  • You agree that will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Company Name and which relate to Users.
  • You agree that will not engage in fraudulent conduct including but not limited to entering into a relationship with another User to obtain and/or bring Goods or Services with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring Goods or Services that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude your arrangement off the Platform or to circumvent or evade the Platform or to evade any other requirement of these Terms.
  • You agree that will not register for more than one (1) Company Name Account or registering for a Company Name Account on behalf of an individual other than Yourself or transferring or purporting to transfer your Company Name Account to any other person.
  • You agree that will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform.

Website Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“User Content”), which may include but is not limited to profile information, information about Goods or Services or relationships and similar content. By making available User Content to Us, You grant to Company Name an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the Platform and for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Company Name in public advertising. The license granted by You to Company Name will survive termination of these Terms and shall survive termination of the Platform, if any, or termination of Your Account. Company Name does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content. You acknowledge and agree that Company Name has no role in the creation, either in whole or in part, of User Content you provide to Company Name or to the Platform and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant Company Name the rights in User Content under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or Company Name’s use of Your User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that Company Name may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Content and to guarantee that any such edited User Content is accurate and consistent with your representations, warranties and agreements in these Terms.

We need to make sure our platform has genuine Users so we can terminate or delete any User’s account without any notice if we found them breaching the platforms policies and Terms of Use such as posting pornographic, adult, abusive content, images, text etc.

Third Party Websites

The Platform may contain links to other websites. The Platform also may utilize third party Goods or Services, advertisements, offers and payment systems. Company Name is not responsible for these third party products, Goods or Services or their contents. The inclusion of such a link does not imply endorsement of the Platform or its contents or any association with its operators. Company Name is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such Platforms. Under no circumstances shall Company Name be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Goods or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective Platform administrator.

Intellectual Property

You acknowledge and agree that all content, design elements, and materials available on this Platform are protected by copyrights, trademarks, Goods or Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Platform may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws.

Except as provided below, Company Name and its affiliates and licensors retain all right, title and interest in and to the Platform, excluding Your Content. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Company Name’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Company Name. You agree to use the Platform only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Company Name application.

EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS"BASIS. IN PARTICULAR, COMPANY NAME DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE GOODS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND COMPANY NAME WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY NAME OR THROUGH OR FROM THE GOODS OR SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.

COMPANY NAME FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF USERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY NAME PROVIDES THE GOODS OR SERVICES ON "AS IS" BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF USERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, GOODS OR SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE GOODS OR SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE GOODS OR SERVICES. COMPANY NAMEAND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE GOODS OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE GOODS OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE GOODS OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE GOODS OR SERVICES. COMPANY NAME SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL COMPANY NAME ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY NAME SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

Company Name is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Platform, although we may undertake such action in our own discretion. In the event of a dispute between Users, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other User of the Platform.

General Terms

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

These Terms, and Your relationship with Company Name under these Terms, shall be governed by the laws of the State of Florida and Courts in Florida shall have jurisdiction.

You agree that if a dispute arises between You and Company Name, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.

Company Name may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Company Name may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Company Name’s Website must commence within one (1) year after the cause of action arose.