TERMS AND CONDITIONS FOR THE USE OF THE TRUSTACY WEBSITE (Formed in 2018)
These user terms and conditions (hereinafter referred to as the "User Terms") apply to any use of Trustacy's website (hereinafter referred to as the "Website"), including - but not limited to - www.trustacy.com. These User Terms are deemed to include all other operating rules, policies, and guidelines that are referred to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:
Our "Guidelines for the use of the Trustacy Services" (hereinafter referred to as the "User Guidelines"), which are located at user-guidelines
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will be given precedence. By registering on our Website, you accept to comply with our User Terms, including the User Guidelines. If you do not accept these User Terms, you will not permitted to use the Website any further.
THE SERVICES ON THE WEBSITE
1 Registered User:
1.1 To be eligible to register on Trustacy, you must be an individual representing a business or company and have to be 18 years and above.
1.2 Trustacy grants you non-exclusive, non-transferable, revocable, limited right to access and use the Website. In order to gain full access and use of the Website, you must create a profile and register as a user (hereinafter referred to as "Registered User").
1.3 You are only permitted to register one profile per entity on the Website. The profile is individual and non-transferable.
1.4 In order to become a Registered User, you need a password. You can either create a password which must be used with your email address when logging onto the Website. Or we can send the password to you via email or mobile messaging services. This password is confidential and should not be made available to others in any way. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
1.5 During the registration process, you must choose a username. The username will be shown on the Website whenever a review is written about you or you (as a company’s representative) comment on reviews or produce user-generated content (see 2.1 below) on the Website. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not:
(i) be offensive or in other ways insulting,
(ii) contain the terms "Guest", "Admin", "*.in", "*.com", “*.org”, etc. or
(iii) contain characteristics which belong to a third party, including names of celebrities, or personal names to which you do not own the rights.
You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
1.6 Changes to the username may only be made by us. If you want to change your username, please contact us at: email@example.com
1.7 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. Moreover, when deleting your profile, we reserve the right to delete the user-generated content (see 2.1) you have made on the Website.
1.8 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and user-generated content (see 2.1). In this case, our disclaimer applies without limitations.
1.9 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
2 User-Generated Content from Registered Users:
2.1 Registered Users and Reviewers hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication (hereinafter referred to as the "User-Generated Content" or "UGC") which is created on the Website. We may freely use and transfer the UGC and disclose the UGC to third parties.
2.2 Registered Users are liable for the UGC they publish on the Website. Also, reviewers are not permitted to publish review/s on any other website, blog etc. for a period of 12 months from date of publishing on Trustacy.
2.3 Registered Users and Reviewers warrant that all UGC posted on the Website is correct and true (where they state facts) or genuinely held (where they state opinions). Trustacy cannot be held responsible for the accuracy, completeness, safety, timeliness, legality or applicability of anything written by them.
2.4 UGC must relate to a company or organisation from which the reviewer has purchased or can otherwise document using the company's or organisation's products or services. Moreover, we do not indemnify, promote or recommend any product or service for which users have published a review.
2.5 Registered Users and Reviewers cannot publish UGC regarding companies in which you have personal or professional interests.
2.6 Registered Users and Reviewers must not themselves, or allow any third party to, publish UGC on the website which: is promotional in nature or has marketing purposes, is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane, is sexist, political or racist, violates other people's rights, including any intellectual property rights, rights of privacy and/or rights of publicity, is offensive or in any way breaches any applicable local, national or international law or regulation, violates these User Terms, including the User Guidelines, reveals any personal information about another individual, including names, telephone numbers, addresses, email addresses, account and credit card information or any other confidential information. other information that could be used to track, contact or impersonate that person has a disloyal or unlawful purpose and/or content (or promotes unlawful purposes), or is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If Trustacy receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without any notice, and we - depending on the character of the violation - may inform the violated party and/or the authorities of the violation. Our right to delete will not be conditioned on an explanation, although we will strive to inform the Registered User about the deletion and the reason hereof.
2.8 The Registered User and Reviewer hereby grants us the right to initiate and take any legal actions which we deem necessary in case of infringement of the UGC. The Registered User or Reviewer must guarantee to indemnify us for any claims which may be made against us as a consequence of the Registered User's violation of the User Terms or current legislation. The Registered User or Reviewer must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
2.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to make use of it entirely.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by the IT (Information Technology) Act 2000 of the Republic of India. and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorised copying, distribution, presentation or other use of the Website or part hereof is a violation of applicable laws of the Republic of India and the Digital Millennium Copyright Act (DMCA) 1998 and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time or territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts thereof are only permitted for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory laws of the Republic of India.
3.6 All company names, trademarks and other business characteristics on the Website is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
4 Personal Information:
5.1 THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND. TRUSTACY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION TO ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR SUITABILITY OF PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representation or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing, Trustacy may at all times investigate and edit (including anonymous) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are provided by Reviewers and are not endorsed or promoted by us. We disclaim all liability for the content of the Website. The use of our services is in any respect the sole responsibility of the Registered Users and Reviewers. We cannot be held liable for the availability of the Website.
6 Limitation of Liability:
6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE WEBSITE OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7 Other User Terms:
7.1 We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganise the Website. As a Registered User you accept to be covered by the current User Terms at all times. Any revision or change of the User Terms will be stated on the Website. We will furthermore strive to inform Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8 Term and Termination:
8.1 We may terminate your right to access and use the services offered on the Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9 Applicable Law and Venue:
9.1 The User Terms and the relationship between you and Trustacy are governed by the laws of the Republic of India, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively to the state high courts located in metropolitan cities of India or the Supreme Court of India located in New Delhi, India, and the parties hereby consent to the jurisdiction of such courts.
10 Copyright Dispute Policy:
10.1 It is Trustacy's policy to: (i) block access to or remove material that it believes in good faith to be copyrighted or has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Trustacy has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf).
11.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and Trustacy concerning your use of the Website and, supercede and govern all prior proposals, agreements or other communications.
11.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
You may contact Trustacy via email at or the following mailing address: firstname.lastname@example.org