Terms and Conditions
[Website Usage]

This Web site “homecreed.com” is owned and operated by HomeCreed (herein after referred to as “HC”). The HomeCreed brand, logo and mascot are a property of HC and are the subject of a trademark application.

Please read the statement carefully. If you [user] do not wish to be bound by the terms and conditions mentioned herein, kindly refrain from accessing the website. Access to this site shall be deemed to be an acceptance of these terms and conditions. By using the website, you accept and agree to be bound by these terms and conditions as applied to your use of the website and you are deemed to have read and understood all of its contents and implications.

This agreement was written in English (India). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Context

The terms and conditions (the "Terms and Conditions") govern your use of this website and any content made available from or through this website. “HC” may change the Terms and Conditions from time to time, at any time with or without notice to you, by posting such changes on the Website.

Grant of Access

When / While using the website in whatsoever manner, the end User shall also be subject to the “HC” Privacy Policy, Disclaimer and such other additional guidelines, policies or rules formulated in accordance with the laws prevalent in India, applicable to specific services and features, which may be posted by “HC” from time to time (collectively, the “Guidelines”). All of these Guidelines are part of the terms and are hereby incorporated by reference.

Limited personal use

You may access and view the content on the website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the web site, make single copies or prints of the content on the web site for your personal, internal use only. Use of the web site and the services offered on or through the website, are only for your personal, non-commercial use.

Privacy Fundamentals for Profile, Transactions and Sharing Data

All your information will be held in our secured servers and will be shared only with Individuals, Brands or other legal entities only after your explicit consent. However we can use your transaction or profile data by merging it in a larger set of data without any specific references to you as an Individual buyer or seller. This merged data can in turn be used to show appropriate information, which we think, may be useful to you on the pages you visit.

Integrity of Intellectual Property

  1. The End User [may be Seller or Buyer] is not permitted to directly or indirectly alter, reverse engineer, modify, or create any derivative works of the website and the platform, or any other “HC” Intellectual Property.
  2. The End User shall not, directly or indirectly, attempt to discover or expose the source code underlying any “HC” Intellectual Property.
  3. The End User agrees that, as between the End User and “HC”, all the intellectual property rights in the “HC” Intellectual Property are owned solely and exclusively by “HC”.
  4. The End User shall not directly or indirectly, and shall ensure that all Users and Members do not:
    • hack, deface or otherwise misuse the Website or attempt to gain unauthorized access to other parts of the Website or the technology used to create it
    • modify or copy any “HC” Intellectual Property
    • attempt to decompile or reverse engineer any software contained on the website
    • remove any copyright or other proprietary notations or any legal notices from the website
    • attempt to access the source code of the software underlying the website
    • copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any “HC” Intellectual Property
    • access the website to build a product using similar ideas, features, functions, interface or graphics
    • attempt to gain unauthorized access to “HC” computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website
    • develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the website
    • authorize or encourage or permit any third party to use the website to facilitate any of the foregoing prohibited conduct
  5. “HC” trademarks, logos, images, service marks, trade names (collectively the "Trademarks") and other distinctive branding features displayed on the Website or on content available through the website are registered and unregistered Trademarks of “HC” and shall not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by “HC” that appear on the website or on or through the website's services, if any, are the property of their respective owners. Your misuse of the Trademarks displayed on the Website or on or through any of the Website's services is strictly prohibited.
  6. As between the end user and “HC”, “HC” owns, solely and exclusively, all rights, title and interest in and to the website, all the content, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein, excluding third party content. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
  7. Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received prior written permission from authorized personnel of “HC” or the otherwise applicable rights holder. Other than as expressly allowed herein, you shall not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
  8. Any rights not expressly granted herein, are reserved to “HC”. The End User agrees to abide by all copyright notices, information, or restrictions contained in any part of the website. The End User must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the website.

Fair Use

  1. As required by law, Users [Seller or Buyer] shall not, host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which such User does not have any right to
    • is grossly harmful , harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially , ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
    • harm minors in any way
    • infringes any patent, trademark, copyright or other proprietary rights
    • violates any law for the time being in force
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
    • impersonates another person
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
  2. “HC” shall not directly or indirectly; and shall ensure that Users do not:
    • access (or attempt to access) any service by any means other than as permitted in this Agreement and by the law
    • circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any Content or third party content or enforce limitations on use of the website or the Content and third party content therein
    • Access the website to upload the Content to cause a breach of security or any Networks or interfere with the proper working of the website
    • Delete the copyright and other proprietary rights notices

User content on public forums

  1. You agree that “HC” will not be liable for any content posted by you and you shall be solely liable for the same. You represent and warrant that the content posted by you is either owned by you or licensed to you.
  2. “HC” may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website any material which:
    • restrict or inhibit any other user from using and enjoying the Website or the Website's services
    • are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent
    • constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law
    • violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right
    • contain a virus, spyware, or other harmful component
    • contain embedded links, advertising, chain letters or pyramid schemes of any kind
    • constitute or contain false or misleading indications of origin, endorsement or statements of fact
  3. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from “HC”. You also shall not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
  4. “HC” reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Website or through the Website's services or features by users, and “HC” is not responsible for any such materials posted by users. However, “HC” reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
  5. Please note that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

Enforcement of Legal Obligations

  1. The User acknowledges that “HC” may terminate the User’s account and remove the Content and other Network Data, as well as disable the User’s access to any and all Networks at any time for violations of this policy without notice and without any liability to the User. The User is solely responsible and liable for complying with all applicable laws including privacy laws.
  2. The User acknowledges that “HC” may terminate the account of any User in accordance with the terms of this policy.
  3. The User acknowledges that “HC” also reserves the right to remove, preserve, and disclose any information or Content or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this policy, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of “HC”, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

Representations and Warranties

  1. The User represents and warrants to “HC” that it is fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth.
  2. The User represents and warrants to “HC” that the USER shall comply with all applicable local, state, national and international laws, rules, and regulations in connection with the User’s use of the website.
  3. All other representations and warranties, whether express or implied, are explicitly disclaimed by both Parties hereto.
  4. The User warrants and agrees that, while using the Website and the various services and features offered on or through the Website, you shall not:
    • impersonate any person or entity or misrepresent your affiliation with any other person or entity
    • insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes
    • attempt to gain unauthorized access to other computer systems through the Website.
  5. “HC” strives to ensure that this Website proves to be beneficial to the users. However, “HC” disclaims any warranty [or guarantee] of any kind, whether express or implied, as to any final results or benefits of using the website and services provided by the same.

Linking to third party websites

  1. You may be able to link from the Website to third party websites and third party websites may link to the Website ("Linked Sites"). You acknowledge and agree that “HC” have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
  2. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
  3. You are not permitted to link directly to any image hosted on the Website or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website.
  4. You agree not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another site.
  5. “HC” reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

Disclosure of information to Third-Parties

  1. “HC” may only disclose personal data or information to any third party in accordance with the laws prevalent in the Union of India.
  2. Disclosure of sensitive personal data or information by “HC” to any third party requires prior permission from the provider of such information, who has provided such information under lawful contract or otherwise, unless such disclosure has been agreed to in the contract between “HC” and provider of information, or where the disclosure is necessary for compliance of a legal obligation.
  3. Further, “HC” or any person on its behalf shall not publish the sensitive personal data or information.

Transfer / Sharing of information

“HC” may transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the body corporate as provided for under these Rules. The transfer may be allowed only if it is necessary for the performance of the lawful contract between the body corporate or any person on its behalf and provider of information or where such person has consented to data transfer.

Mobile version of the website

“HC” hereby declares that the “Terms and Conditions”, “Privacy Policy” and such other additional guidelines, policies or rules formulated in accordance with the laws prevalent in India, applicable to specific services and features, which may be posted by “HC” from time to time (collectively, the “Guidelines”), are applicable to the mobile version of the website as well unless expressly barred.

Indemnification

You agree to defend, indemnify and hold “HC” and its affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. “HC” reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with “HC” defence of such claim.

Termination / Discontinuation of services / website

“HC” may terminate, change, suspend or discontinue any aspect of the website or the Website's services at any time.

Amendment

“HC” reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

Force Majeure

HC shall not be liable for its failure to perform under this agreement as a result of any event of the Force Majeure events like acts of god, fire, war, sabotage civil unrest, labor unrest, action of statutory authorities and local / central government, change in laws / rules / regulations, affecting the performance of HC.

Disputes, Governing Law and Venue

  1. “HC” shall not be held responsible for disputes arising out of interactions between members / users. “HC” reserves the right, but has no obligation, to become involved in any way with these disputes.
  2. The terms shall be governed by the laws of India without regard to its conflict of law principles.
  3. The user agrees to submit to the personal and exclusive jurisdiction of the courts of New Delhi, India for the purpose of litigating all such claims or disputes.