Terms & Conditions

3Click Software and the mobile application are owned by 3click.in. We are providing you with access to this software and our mobile application subject to the following terms and conditions.

By browsing, accessing, using, registering for or purchasing merchandise on this software or otherwise using our Services, you agree to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this software and these Terms at any time. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Software.

Privacy Policy

Our Privacy Policy, which also governs your visit to Our Software, can be found at [PRIVACY POLICY]. Please review our Privacy Policy for information on how we collect, use and share information about our users.

Use of this software

Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non-sub licensable license to access and make personal‚ non-commercial use of this software. This license grant does not include:

  1. Any resale or commercial use of this software or content therein.
  2. The collection and use of any product listings or descriptions.
  3. Making derivative uses of this software and its contents.
  4. Use of any data mining‚ robots‚ or similar data gathering and extraction methods on this software.

You may not use‚ frame or utilize framing techniques to enclose any of Our trademark‚ logo‚ content or other proprietary information (including the images found at this software‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this software so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Account

In order to access some features of this Software, you may be required to have a subscription, and we may assign it to you, or you may be required to select a password and username or account identification. If you subscribe, you agree to provide us with accurate and complete registration information‚ and inform us immediately of any updates or other changes to such information.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Software's security. Each time you use a password or identification, you will be deemed authorized to access and use the Software in a manner consistent with these Terms. We have no obligation to investigate the authorization or source of any such access or use of this Software. You will be solely responsible for all access to and use of this Software by anyone using the password and identification originally selected by, or assigned to, you whether or not such access to and use of this Software is authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

Electronic Communication

When you use this software or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or posting notices on this software or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content

This software may include features and functionality ("Interactive Features"") that allows users to create post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the software ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile. Still, it does not include your account information or information you submit to make a purchase. You agree that you are solely responsible for your user Content and your use of Interactive Features, and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the software’s any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • user Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to us or any user or consumer;
  • user Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • user Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Rights in user Content

Except as otherwise provided in these terms, we claim no ownership or control over any user content on this software or in a separate agreement with us. However, by submitting or posting user content on this software, you grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content on this software and third-party software’s and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this software the right to access your user content in connection with their use of this software.

By posting user content to this software, you represent and warrant that:

  1. Such user content is non-confidential.
  2. You own and control all of the rights, title, and interest in and to the user content, or you otherwise have all the necessary rights to post and use such user content to this software and grant to us the rights you grant in these Terms.
  3. The user content is accurate and not misleading or harmful in any manner.
  4. The user content, and your use and posting thereof in connection with this software, do not and will not violate these Terms or any other of our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Feedback

Separate and apart from user content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this software, us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback. We shall be entitled to the unrestricted use and dissemination of the feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

Restrictions on Rights to use

You agree that you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • Download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this software‚ except and to the extent expressly permitted under these Terms;
  • Remove any copyright‚ trademark or other proprietary rights notice contained in or on the Software;
  • Use any robot‚ spider‚ Software search/retrieval application‚ or other devices to retrieve or index any portion of this Software;
  • Collect any information about other users (including usernames and email addresses) for any purpose other than to solicit and share reviews with other users;
  • Reformat or frame any portion of any Web pages that are part of this Software;
  • Create user accounts by automated means or under false or fraudulent pretense;
  • Create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other user's enjoyment of the Software;
  • Submit to this software any content that falsely states or implies that such content is sponsored or endorsed by us;
  • Transmit or upload to this software any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Software ‚ any other Web Software‚ or any computer or other device or system‚ or the enjoyment of this Software by any user;
  • Use this Software to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • Submit to this Software any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity, or otherwise use the Software to transfer or store illegal material‚ including any material deemed threatening or obscene;
  • Copy or store any user Content offered on this Software other than for your personal‚ non-commercial use;
  • Take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Software or the IT infrastructure used to operate and make this Software available; or
  • Use this Software and any user Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

We have no obligation to monitor any user conduct on this software, and We reserve the right and have absolute discretion to monitor any user conduct on this software at any time and for any reason without notice.

Ownership

As between you and us‚ this software‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding user Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this software (collectively, the “Software Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by us or our licensors and protected by applicable copyright laws. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.

Links

This software may contain links to other Software on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such Software.

Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of this software and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this software, or any portion of this software, and to block or prevent your future access to and use of this software or any portion of this software.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this software; (b) any user Content you post, upload, use, distribute, store or otherwise transmit on or through this software; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify us of any third party Claims, cooperate with us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the we shall have the right to control the defense or settlement of any third party Claims.

Disclaimers

Except as expressly provided, this software, including all Software Content, and services provided on or in connection with this software are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR use, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE usage, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this software is accurate, complete, reliable, current or error-free. We do not represent or warrant that this software or our servers are free of viruses or other harmful components.

Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under our applicable returns and exchanges policies. in no event shall we or our related parties be liable for special, indirect, incidental, or consequential damages, including lost profits or loss of business, even if they have been advised of the possibility of such damages, nor shall our and our related parties’ aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the purchase or use of any products or services purchased through this software exceed the purchase price of the product or service. The limitations set forth in this paragraph will not limit or exclude our or our related parties’ gross negligence, fraud, intentional, willful, malicious or reckless misconduct.

Remedies

You agree that our remedy at law for any actual or threatened breach of these terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys' fees, and expenses without limitation.

Modifications to Software We reserve the right to modify or discontinue, temporarily or permanently, this software or any features or portions thereof without prior notice.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries

These Terms are for the benefit of and will be enforceable by the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous

No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this software. These Terms, which shall be deemed accepted by you upon your use of the Software‚ constitute the entire agreement between you and us regarding the use of this software. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable or sub licensable by you‚ except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at [PRIVACY POLICY], and any notices regarding the Software.

Questions Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at info@3click.in