These Terms and Conditions are a legal and binding Agreement between You (“the User”) and Crescere Technologies Private Limited (hereinafter referred to as trumitr). Terms and Conditions state the grounds on which the User can use and/ or register with this trumitr.com (“Site”/ “Website”/ “Us”/ “We”/ “Our”/ “trumitr”). Terms and Conditions are updated from time to time at Our sole discretion and the most updated version is available on the Site at all times along with the date of last revision. Continued use by the User of the Site after any revision indicates the User’s acceptance of the updated/ revised Terms and Conditions. By accessing the Site, and using the Services (as defined below) as offered in this Site, You become the User and become bound by, the terms and conditions of this Agreement and other Policies of trumitr for as long as You continue to use/ visit the Site or Services.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR REGISTER WITH THE SITE OR FOR THE SERVICES.Your use, registration or participation in any manner with the Site or the Services being provided confirm, agreement to the Terms and Conditions and any applicable Policies.
Verification. By agreeing to the Terms and Conditions, User hereby authorises trumitr (and its third party authentication agency) to conduct verification checks on the User/ You. The verification process is critical/ important for receiving the complete set of Services offered at the Site by trumitr. The verification process is initiated and performed if:
In either case, the User will be appropriately notified and requested to provide the required documents and fill up the necessary Consent Forms for initiating and completing the Verification process.
User agrees and confirms that non-abidance of Verification requests made by trumitr will render the Registered Account at the Site terminable at the instance of trumitr without any recourse, whatsoever. trumitr is authorised and justified in taking any action necessary on such refusal by the User.
User agrees and understands that trumitr or its third party expert service provider and their associates are not the author or creator of the information coming forth in the Verification Checks. Under this premise and limitations, trumitr or its third party expert service provider or their associates do not warrant accuracy, validity or completeness of the content of the Verification checks. trumitr, expressly disclaims that the Verification checks will meet the User’s aspirations or expectations and shall be performed in an uninterrupted manner. Verification check verifies the existence of the facts and information provided by the User, it does not verify the authenticity of the facts itself.
trumitr does not guarantee or warrant the accuracy, validity or completeness of the Verification check done by the third party expert service provider and disclaims that the outcome of the Verification Check will meet the User’s aspirations or expectations. It is clarified that the Verification Check is verifying the existence of facts and information provided by the User voluntarily for verification it is not for verifying authenticity of the facts. If any of the state, municipal of other government records indicate a conflict in facts vis-à-vis the information provided by the User, then trumitr is likely to rely on the professional judgement of the third party expert service provider in determining the outcome of the Verification Check. If trumitr, in its sole and fair judgement believes that false information provided by the User is with an intention to mislead the Verification Process or alter the outcome of such verification check, or defame trumitr, or in any manner negatively impact the Services or trumitr’s ability to deliver the Services to other Users, then defaulting User accepts that trumitr will have complete rights in law and tort against the User in question. trumitr at its sole discretion may choose to take any action it deems fit.
13.1 Agency. This is a principal-to-principal relationship and does not attempt to create any employee-employer or agency relationship. Services are being provided by Us as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Parties hereto or any affiliates or subsidiaries thereof or to provide the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of trumitr.
13.2 Assignments. trumitr may assign, in whole or in part, the benefits or obligations of this Agreement to its associate’s of affiliates of other group company, or any other company, pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. trumitr shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User.
13.3 Force Majeure. trumitr shall not be liable for its failure to perform under this Agreement as a result of any event of force majeure events like acts of god, fire, wars, sabotage, civil unrest, labour unrest, action of Statutory Authorities or local or Central Governments, change in Laws, Rules and Regulations, affecting the performance of trumitr, Payment Gateways or any other channel partners.
13.4 Governing Law, Settlement of Disputes and Jurisdiction. Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by trumitr. The arbitration proceedings shall be held in English language at New Delhi. The courts at Delhi shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
13.5 Waiver. Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
13.6 Survival of Provisions. Terms and Conditions will survive termination of the same by the User or by trumitr.
13.7 Severability. If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any Court/Tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
13.8 Notices. All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be @ [[email protected]], if to trumitr, if to the User it shall be to address registered with the Site. 13.8
13.9 Right to Seek Injunction. The User accepts and acknowledges that the breach of the Terms and Conditions may cause trumitr irreparable harm, and thus confirms and accepts that trumitr will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that trumitr may have under law and tort.
13.10 Miscellaneous. Terms and Conditions, Privacy Policy and other policies on the Site or made known by us from time to time, comprise the entire agreement between the User and us regarding the use of this Service, superseding any prior agreements/ correspondences between the User and us related to the User’s use of this Site or Services (including, but not limited to, any prior versions of Terms and Conditions). If any provision of the Terms and Conditions are held invalid, the remainder will continue in full force and effect. The titles are for convenience only and have no legal or contractual effect.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or UPI, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us. trumitr may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT trumitr’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If trumitr changes these prices and you do not cancel your subscription, you agree that you will be charged at trumitr’s then-current pricing for subscription.