Welcome to the www.criconet.com (hereinafter referred to as the website, being owned, run and managed by Criconet (Company)”. The following Terms of Use apply when you view or use www.criconet.com or any of its services or facilities. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.
1. Definitions
1. Definition of User - ‘user’ means any person who accesses or avails any computer resource of Criconet for the purpose of hosting, publishing, sharing, transacting, viewing, displaying, downloading or uploading information and includes other persons jointly participating in using such computer resource and includes addressee and originator.
2. Definition of User Account - ‘user account’ means the account registration of a user with an intermediary Or publisher and includes profiles, accounts, pages, handles and other similar presences by means of which a user is able to access the services offered by the intermediary or publisher.
Unless expressly stated otherwise or the context shows otherwise, the following terms have the meanings given:
1. Access - with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network;
2. Access Services - means any measure, including technical measure such as closed captioning, subtitles and audio descriptions, through which the accessibility of online curated content may be improved for persons with disabilities;
3. Access Control Mechanism means any measure, including a technical measure, through which access to online curated content may be restricted based on verification of the identity or age of a user;
4. Communication Link means a connection between a hypertext or graphical element, and one or more items in the same or different electronic document wherein upon clicking on a hyperlinked item, the user is automatically transferred to the other end of the hyperlink which can be another electronic record or another website or application or graphical element;
5. Content means the electronic record defined in clause (t) of section 2 of the Information Technology Act, 2000;
6. Computer means any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network;
7. Computer Network means the inter-connection of one or more computers or computer systems or communication device through—
a) the use of satellite, microwave, terrestrial line, wire, wireless or other communication media; and
b) terminals or a complex consisting of two or more inter-connected computers or communication device whether or not the inter-connection is continuously maintained;
8. Computer Resource means computer, computer system, computer network, data, computer data base or software;
9. Computer System means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions;
10. Company means M/s. Selectronic Equipment
11. " Cookie is a small piece of text that a Web site places in the cookie file of your browser and that allows the site to remember who you are. Cookies cannot be used to run programs or deliver viruses to your computer.
12. Cyber incidents means any real or suspected adverse event in relation to cyber security that violates an explicitly or implicitly applicable security policy resulting in unauthorized access, denial of service or disruption, unauthorized use of a computer resource for processing or storage of information or changes to data, information without authorization;
13. Cyber Security " means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorized access, use, disclosure, disruption, modification or destruction;
14. Data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
15. Disclosure means the release, transfer, provision of access to, or divulging of information in any manner (verbally or in writing) by Selectronic Equipment to persons who are not Selectronic Equipment employees, affiliates or to any other person or entity outside of Selectronic Equipment ;
16. Disclosure means the release, transfer, provision of access to, or divulging of information in any manner (verbally or in writing) by Selectronic Equipment to persons who are not Selectronic Equipment employees, affiliates or to any other person or entity outside of Selectronic Equipment ;
17. Grievance includes any complaint, whether regarding any content, any duties of an intermediary or publisher under the Act, or other matters pertaining to the computer resource of an intermediary or publisher, as the case may be;
18. Grievance Officer ‘ means an officer appointed by the intermediary or the publisher, as the case may be, for the purposes of these rules;
19. Information includes data, message, text, images, sound, voice, codes, computer programmes, software and databases or micro film or computer generated micro fiche;
20. IP Address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognize and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes;
21. Law includes any Act of Parliament or of a State Legislature, Ordinances promulgated by the President or a Governor, as the case may be, and includes rules, regulations, bye-laws and orders issued or made thereunder;
22. Password means a secret word or phrase or code or passphrase or secret key, or encryption or decryption keys that one uses to gain admittance or access to information;
23. Personal Information means information concerning any person, whether natural or body politic, allowing identification of that person;
24. Person means a person as defined in sub-section (31) of section 2 of the Income tax Act, 1961 (43 of 1961);
25. Prescribed means prescribed by the Information Technology Act, 2000 as well as rules made under the Information Technology Act, 2000;
26. Server means a computer that supports access to electronic services or information for network users;
27. Telecommunications means all communications made through or on company telephones, electronic mail, radios, facsimile machines, or any other electronic communication device;
28. Terms mean these terms and conditions.
29. User/Visitor Data means user-related data such as used links clicked, terms searched, origin, browser features, and log-in data.
30. User/Visitor Or You mean member of employees as well as any person who access or avail any computer resource of company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer resource of Criconet India with or without authorisation of Criconet for the purpose of services and otherwise.
31. User means any person who accesses or avails any computer resource of Criconet for the purpose of hosting, publishing, sharing, transacting, viewing, displaying, downloading or uploading information and includes other persons jointly participating in using such computer resource and addressee and originator;
32. User Account means the account registration of a user with Criconet or publisher and includes profiles, accounts, pages, handles and other similar presences by means of which a user is able to access the services offered by the intermediary or publisher.
Words and expressions used and not defined in these rules but defined in the Information Technology Act, 2000 and rules made thereunder shall have the same meaning as assigned to them in the Information Technology Act, 2000 and the said rules, as the case may be.
2. Privacy Policy
The Company respects the privacy of its users. Please refer to the website's Privacy Policy (found here: Privacy Policy ) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
3. About The Service
The Service allows you to access, use and enjoy the services, products and offerings provided by the website and/or any of its business partners. The Service does not include any illegal or banned services and/or products.
4. Registration; Rules For User Conduct And Use Of The Service & Security
If you are a user who signs up for the Service on the website, we will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company being Selectronic Equipment, running the website. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
In connection with your use of the computer resources, you may establish or otherwise receive from Criconet user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the computer resources.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize Criconet, directly or through third parties, to make any inquiries we consider necessary to validate your Info. Criconet reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Criconet cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Criconet is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Criconet shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Criconet harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the computer resources . Criconet reserves the right to block access to the computer resources for any reason. You also agree to immediately notify Criconet at email info@criconet.com, if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. For your protection, Criconet may require the use of encryption technologies for certain types of communications conducted through the computer resources.
5.Use RestrictionsThese terms of use clearly states and lay down the parameters for the users restraining them from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information which:
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws of India;
(iii) is harmful to minors,
(iv) infringes any patent, trademark, copyright or other proprietary rights:
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) 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 cognizable offence or prevents investigation of any offence or is insulting any foreign States;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
If any user hosts, displays, uploads, modifies, publishes, transmits, updates or shares any of the information mentioned above, he shall have no right to privacy in respect of the same. Criconet would be duty bound to remove or disable access to such information, on being so notified about such content by affected person, under Rule 3(1)(c) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Users of the website are encouraged to strictly follow the provisions of the Information Technology Act , rules and regulations made thereunder as also any other applicable laws for the time being in force in India.
6. Posting And Conduct Restrictions
When you create your own personalized account, you may be able to provide content, data and /or information in the electronic form (hereinafter referred to as the “User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the website. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the website at its discretion, including in circumstances, which indicate the said user content violating the terms of use and user agreement and applicable policies of the website.The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
1) You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
2) You will not post information that is malicious, false or inaccurate;
3) You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and;
4) You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice;
5) You understand that the website will not host any lists about banned products including, but not limited to alcohol, e-cigarettes, pornographic content and crypto-currency;
6) You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
7.Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the website www.criconet.com and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the website, or transmitted to users.
Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as public.] The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Indian Laws. If you become aware of misuse of our Service, please contact us at info@criconet.com.
8.Links To Other Sites And/Or Materials
As part of the Service provided on the website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to the website's subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern your acts. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the website or relating to any applications you use or install from the website.CRICONET does not sponsor or endorse any of the links to third party computer resources and computer networks, nor does CRICONET make any guarantee, warranty or representation regarding the accuracy of the information contained on such Computer resources and computer networks. CRICONET has no control over the security or privacy practices of these external Computer resources and computer networks. Use of other computer resources and computer networks is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Computer resources and computer networks.
9.License Grant
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
10.Intellectual Property
You acknowledge and agree that we, being the Company and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
All content included in CRICONET and in CRICONET’S computer resources, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data ("Content"), in any form are protected by Indian and international copyright law and conventions. The Content includes both Content owned or controlled by Criconet, its subsidiaries or affiliates as well as Content owned or controlled by third parties and licensed to Criconet. Reproduction of any Content, in whole or in part, by any means, is prohibited without the express written consent of Criconet.
11. Email May Not Be Used To Provide Notice
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
12. User Consent To Receive Communications In Electronic Form
For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings. Opting out may prevent you from receiving messages regarding the Company or special offers.
13. Warranty Disclaimer
The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, the company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CRICONET’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO ZERO.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, CRICONET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY 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 CRICONET OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
CRICONET 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of Liability
SUBJECT TO OVERALL PROVISION (OF EXCLUSION OF WARRANTIES) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRICONET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH CRICONET’S MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE CRICONET’S WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON CRICONET’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT CRICONET’S HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.Limitation Of Damages; Release
To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
16. Modification Of Terms Of Use
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the website from time to time to view any such changes in the Agreement. If you continue to use the website, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
We reserve the right to modify, suspend or discontinue the Criconet Services of usage of its computer resources or computer networks (or any part thereof) or any Digital Contents, Contents (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS T&C FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the computer resources constitutes your acceptance of any change or update, all of which shall become controlling when posted.
17. Detailed Description Of Product/Service – e-Coaching
The e-Coaching platform on our site enables users to connect with independent cricket coaches (the "Coaches") who provide live and or recorded instruction, coaching and mentoring services in our proprietary online nets (the "e-Nets"). The services include, without limitation, facilitating and hosting the coaching and supporting materials, and taking feedback from Users. The platform is a marketplace for coaches and users to conduct e-Coaching of Cricket using our technology. Selectronic / Criconet does not guarantee the quality of the coaching.
You are solely responsible for all data charges and/or other fees and costs associated with your access to and use of the e-Coaching, as well as for obtaining and maintaining all devices and related equipment required for such access and use.
If you use a feature or service that involves the payment of a fee, then you agree to pay, and will be responsible for payment of, that fee and all taxes associated with it. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize the Company to charge your credit card or other payment method for the fees as they are due. If your payment fails then you will not be able to access the service.
18. Specific Obligations Of Coaches
If you are a "Coach" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
1. Your being a coach is subject to the Company's approval, which we may grant or deny based on our discretion.
2. You need to register as a coach on our site and by registering you agree to our terms and conditions.
3. You will charge a fee only in line with your qualifications.
4. Criconet will charge an administration fee of 10% which will be deducted and the balance will be deposited in your account.
5. You will be responsible for all your content that you own or certify that you the necessary licenses, rights, consents, and permissions, and have the authority to authorize company to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of your submitted content on and through our site in any manner that we would seem fit and that no content used by you shall infringe or misappropriate any intellectual property right of a third party.
6. You will not post about banned products including, but not limited to alcohol, e-cigarettes, pornographic content and crypto-currency.
7. You have the required qualifications, credentials and expertise, including without limitation, education, experience, training, knowledge, and skill sets, to teach and offer the services on and through the site.
8. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libellous content.
9. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the site or to Users.
10. You assume any and all risks from any meetings or contact between you and any user.
11. You will not use the site for any business other than for providing coaching, teaching and instructional services to users of the site.
12. You will not engage in any activity that will require the Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings.
13. You will not interfere with or otherwise prevent other Coaches from providing their services
14. You will maintain your account information, and all such information shall be accurate.
You shall respond promptly to users seeking your services and ensure a quality of service commensurate with the standards of your industry and instruction services in general
15. You are over the age of 21.
19. Specific Obligations Of Users
If you are a user in search of, or engaging, coaches, you represent, warrant and covenant that:
You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a session or group of session;
1. You will not disclose any personal information to a Coach, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
2. You will not solicit personal information from any Coach or other Users.
3. You assume any and all risks from any meetings or contact between you and any Coach.
4. You will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management.
5. You will not post about banned products including, but not limited to alcohol, e-cigarettes, pornographic content and crypto-currency.
6. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us(a) immediately of any unauthorized use of Your Account and any other breach of security, and(b) ensure that you exit from Your Account at the end of each use of the site. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to Your Account.
7. You may not transfer Your Account to any other person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for(i) the online conduct of such user;(ii) controlling the user's access to and use of the Products; and(iii) the consequences of any misuse.
8. You agree that we may record all or any part of any session or session (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and services. You hereby grant the company permission and release to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, and services, and coaching content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
9. The company respects all copyright, privacy, and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, the company does not screen the submitted content and all use of the submitted content by you is at your own risk and the company shall have no liability for such use.
20. Access Or User Rights
In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of Criconet, Criconet has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
When Criconet collects information from a user for registration on the computer resource, it shall retain his information for a period of one hundred and eighty days after any cancellation or withdrawal of his registration, as the case may be.
Criconet shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
21. Fees Cancellation And Refunds
Coaches will be solely responsible for determining the fees to be charged for their sessions, in accordance with the Coach terms and conditions. The fees will be charged in Indian Rupees, and will be payable via any mode provided on the Website. If you are a User, you agree to pay the fees for the session that you take, and hereby authorize us to charge your credit card or other payment methods for these amounts. The refunds will be processed in 7-14 business days via the user’s preferred source of payment.
The Website’s refund policy is as follows:
1. If the coach cancels:
a. The student will get a complete refund of the fees.b. Cancellation fees will be levied on the coach, and automatically deducted from their payments received on Criconet.
ii. If the student cancels:
a. Up to 48 hours before scheduled time – only cancellation fees is charged
1. b. 48 to 12 hours before scheduled time – 50% of the fees is refunded
2. c. 12 hours or less – no refund is given
To request a refund, please contact us via info@criconet.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the site, without any liability to you.
21. Grievance Officer
A user or a victim may make complaint against violation of the provisions of Terms to the Grievance Officer of Criconet, whose details are given below:-
Name: Ms. Pooja Singh
Contact: info@criconet.com
22. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. These Terms of Use and your use of the website are governed by the Indian Laws, prevailing for the time being in force including the Information Technology Act, 2000 as amended as well as rules and regulations made thereunder , without regard to conflict of law provisions.
The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
23. Visitor Bill Of Rights
Visitors to independent providers listed by Criconet are entitled to professional, ethical and confidential care whether services are provided online or in person.
Visitors may not be discriminated against, or refused service on the basis of race, color, religion, sex, sexual orientation, age, cultural background or disability.
Visitors may review information about the service and service providers. Legal, ethical and other information about service are posted for the public to view without restriction.
By using this service you are confirming that you understand and agree to be legally bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THIS SERVICE.
24. Registration and Security
Criconet shall be entitled to charge you with such appropriate registration and security charges, as it may deem fit from time to time.
26. Other Content
You acknowledge and agree that Criconet is not responsible for the availability of any such external computer resources and computer networks or resources, and does not endorse any advertising, products or other materials on or available from such computer resources and computer networks.
You acknowledge and agree that Criconet is not liable for any loss or damage which may be incurred by you as a result of the availability of those external computer resources and computer networks or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such computer resources and computer networks.
27. Access and Use
By accessing, browsing or downloading any part of this computer resources and computer networks or its content, or posting or uploading to this computer resources and computer networks, or any other use of Criconet criconet’s computer resources and its content, whether as a registered User or an unregistered visitor, you agree to comply with these Terms, without modification and all relevant applicable laws. You agree not to access by any means other than through the interface that is provided by Criconet for use in accessing its resources.
28. Accuracy
These web pages in such resources may contain inadvertent inaccuracies or typographical errors. These will be corrected at Criconet’s discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The network is maintained independently at multiple computer resources and computer networks around the world and some of the information accessed through these web pages may originate outside of Criconet. Criconet excludes any obligation or responsibility for this content. Criconet makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.
29. Visitor On-line Conduct
You agree to use these computer resources only for lawful purposes. You agree to use computer resources only for its intended purposes. Criconet reserves the right to prohibit any conduct involving in respect of its computer resources that it deems to be inappropriate. You agree not to disrupt these computer resources. You agree not to interfere with or compromise the security of these computer resources, or any computer, server, account, network, data, software and/or hardware associated with these computer resources and computer networks. You agree not to disrupt or interfere with any other visitor's use of these computer resources and computer networks. You agree not to attempt to obtain access to any portion of these computer resources, any computer, server, account, network, software and/or hardware associated with the computer resources, from which you are restricted. You agree that you are solely responsible for any action you undertake while visiting these computer resources and computer networks and that you will comply with all applicable local, state, national and international laws and regulations applicable to this computer resources and the Internet, including Information Technology Act, 2000 & Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. You warrant that all information that you provide to gain access to the services provided by this computer resources is accurate and truthful.
30. Criconet Responsibility
Criconet shall take all steps necessary to ensure that no User shall, without Criconet 's prior written consent, use, duplicate or reveal to any person or entity any Login IDs, passwords, software, data, material, content or any other information related to or accessible on the computer resources , whether written, verbal or electronic. Criconet shall treat all Information as copyrighted and owned by Criconet.
Criconet shall, and shall cause each of its employees, agents and subcontractors to, safeguard the confidentiality of Information pursuant to the present T&C regarding the users’ data or informations.
31. Privacy
Criconet is committed to preserving the privacy of users of our computer resources and computer networks. Any information about you that we collect is used purely to improve the services we offer to you, and to make our computer resources and computer networks content and services easier to use and more appropriate to you. We may use this information, with your permission, to contact you with information about updates of our computer resources and computer networks. Criconet has a detailed Privacy Policy and the contents of the same are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.
32. Confidentiality and Protection of Personal Information
Information contained on the computer networks and computer resources of Criconet is confidential whenever it is regarded as personal information or information protected by Criconet under the law respecting access to computer resources and the protection of personal information or as information related to a users’ private life.
The Criconet respects the private life of users. However, in view of the fact that computer resources is made available to users in order to assist Criconet in fulfilling its business activities, the user’s right to privacy is limited. Thus, equipment, systems and files intended for work-related matters must be accessible at any time to members of administration, substitute employees or the network administrator.
Criconet shall not systematically oversee user communications. An investigation shall be conducted if there is reason to believe that the computer resources are being used in inappropriate ways or if it is necessary to trace information otherwise unavailable.
The user loses his right to confidentiality for the personal information created by using these computer resources, including all information in contravention of the present T&C or of instructions enacted by the Criconet intended to ensure its application, or to T&C or Local/State/Union laws.
33. Indemnity
User shall indemnify Criconet and its affiliates and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance by User of any prohibition, or restriction on User's activities in relation to these computer resources and computer networks contained in these Terms, or of any undertaking, representation or warranty of User contained in these Terms and in relation to any claim by any person in respect of matters, responsibilities or obligations that have been disclaimed by Criconet under these Terms.
Without limitation to the generality of the above indemnity, user releases, indemnifies and holds harmless Criconet and its affiliates and their officers, agents, employees and service providers (who disclaim liability) in respect of claims, liabilities, costs (including legal fees), expenses, demands and damages (direct, indirect or consequential) of any nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, howsoever incurred by any of them arising out of or in any way related to:
1. any prohibited or restricted User content uploaded by User or any use of this computer resources and computer networks by User (including prohibited or restricted computer resources and computer networks use by User);
any loss, deletion, removal, corruption or publication of User content uploaded by User; or any unauthorised use of User's account or compromise of User account security through a failure to maintain the secrecy of User account passwords or other security details, and all related occurrences.
34. Miscellaneous
Entire T&C
The T&C constitutes the entire T&C between you and CRICONET governs your use of the CRICONET Services, superseding any prior version of this T&C between you and CRICONET with respect to the CRICONET Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CRICONET services, affiliate services, third-party contents.
35. Compliance with Law
These computer resource are owned by Criconet. Visitors who choose to visit these computer resources from other jurisdictions do soon their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, Union, state, and local or foreign, applicable to the use of this computer resources and information, content, material and services contained herein.
36. Choice of Law and Forum
T&C and the relationship between the parties shall be governed by the laws of India without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the T&C, or the relationship between you and Criconet, shall be brought exclusively in the courts located in Delhi, India. You and CRICONET agree to submit to the personal jurisdiction of the courts located in Delhi, India, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
37. Venue and Jurisdiction
Any Disputes relating to these Computer resources, to the use of these Computer resources, and to the information, contents, materials and services available through these Computer resources are governed by the laws of the India and NCT of Delhi as applicable. You hereby, unconditionally, voluntarily and irrevocably consent to submit to the exclusive jurisdiction of the courts of law at Delhi in India, in any claim or dispute concerning, relating to, or arising from this Computer resources and any information received through this Computer resources. You agree not to plead forum non-convenient in any such action and you consent to service of process.
38. Waiver and Severability of Terms
The failure of CRICONET to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
39. No Right of Survivorship and Non-Transferability
CRICONET’S account is non-transferable and any rights to your CRICONET’S ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
40. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CRICONET Services or the T&C must be filed within one month after such claim or cause of action arose or be forever barred.
41. Assignment
This T&C shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns; provided, however, that Users may not assign any of its rights or obligations under this T&C.