WEBSITE TERMS OF USE

 This website https://www.strique.io/ and its associated website http://app.strique.io and other websites as may be developed by Digimaze Marketing Private Limited (hereinafter collectively referred to as “Website”), and any interlinked documents herein, is published in accordance with the provisions of Rule 3(1) of The Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000, and consists of terms of use and services (“Terms of Use”/ “Terms”) that must be read carefully before using/ browsing/accessing this resource and the interlinked Website or any information or content available therein. This Website is owned by Digimaze Marketing Private Limited, a private limited company incorporated under the provisions of The Companies Act 2013, having its registered address at 6^th Floor, C-wing, Oberoi Garden Estate, Chandivali, Off Saki Vihar Road, Andheri East, Mumbai City MH- 400072 IN. The following terms and conditions, together with any documents and/or additional terms expressly incorporated herein by reference, govern your access to and use of the Website, including any content, functionality, services and products offered on or through it. 

‍Scope of Terms of Use
‍The Website is put up and maintained by Company, as an online service provider for providing performance marketing and advertising services (“Service/s”) to merchants, to aid streamline their business process, and who operate their e-commerce stores on the Shopify platform (“you”, “User”). The Website Terms of Use and applicable laws as mentioned herein, govern the User’s access to and use of this Website, as well as the User’s contract of service with us. Specific terms or agreements may apply in the use of certain Services being provided to you via the Website through specific service agreements (“Service Agreement(s)”), which will be linked to theapplicable Services (via a hyperlink).

‍About us
‍We provide targeted advertising services to our customer, by displaying the advertisements (“Ads”) of your e-commerce stores on social media platforms. In order to enable you to achieve higher customer reach in the market, we curate a custom audience for you, and display your Ads to such audience, which is created on basis of their demographic profile like preferences, age, marital status, occupation, etc., used specially to identify relevant markets. You may access additional information about our business and our Services by clicking on the ‘About us’ page, available in the footer of our Website. We also reserve our rights to use the name of our customers and other relevant information of their business, being non-confidential in nature, for creating marketing and promotional material for our Website. We may also feature our clients in our blogs and case studies, on our Website, in relation to our Services.
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‍User Eligibility
‍The Website is a bonafide service platform according to the laws of India, and is available to persons competent under The Indian Contract Act 1872, to contract and persons competent under the laws of the countries to which they belong. If you do not qualify thus, you should refrain from using the Website any further, and we reserve the right to terminate any agreement between ourselves and persons incompetent to contract. In the event you continue to use/browse/access the Website, you will be deemed to have acknowledged and agreed to abide with and be bound by these Terms of Use, which together with our Terms of Use and Privacy Policy, governs our relationship with you. In case you do not agree with the Terms of Use or any part thereof, please do not proceed with the access of or accessing of the Website in any way.   Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that there are chances that any message or information you send to the Website may be read or intercepted by others, even if there is an express notice that a particular transmission is encrypted. Furthermore, you agree to grant us the permission to send electronic communications to you, which includes but is not limited to sending emails, newsletters, notifications and promotional offers from us and our partners. In the event, you no longer wish to receive such electronic communications, you may write to us, following which, we will only retain and use your content in accordance with these Terms of Use and Privacy Policy.

‍Account Registration
‍For registering with us you can go to http://app.strique.io, where you will be redirected to ‘My Account’ page, where you may login using your google account or your activeemail address and password. After logging in you will be prompted to connect to the Shopify store, wherein you will have an option to install the ‘Shopify’ App. Shopify users, will be able to directly locate us on the Shopify platform. In case you are not a Shopify user and wish to avail our Services, you must install the Shopify application, sign in to your Shopify account, then download our application (“title”) through the Shopify App Store. After connecting with Shopify, you may setup a User account with us using the User registration form, wherein you will be required to disclose certain basic, personal and non-personal information, like your name, address (city, country, pin code), and details of your business, contact details (telephone and email) and details about your business, the industry in which you operate in, and the details of the products that you will be offering on your e-commerce store, like the type and category of the product and its market. After filling in the relevant details you will be redirected to our dashboard for further navigation. You understand that your interactions with the Shopify Platform for signing up and browsing shall be governed by their respective terms and conditions, and it shall be your responsibility to comply with such additional terms;Upon your registration on the Website, we shall undertake a verification scrutiny of the details furnished and in the event the information submitted by you is found to be false or fraudulent or a misrepresentation of facts or is misleading, inaccurate or incomplete or otherwise of doubtful authenticity, we reserve the right to deny or block your access to the Website and to its Services and/or to suspend or terminate or cancel your user account. Further, mandatory and optional fields if any, will be clearly indicated in the information box and you are free to not disclose information that is not mandatory. It shall solely be your responsibility to always keep your account information, Username and password confidential at all times. In the event your account information is breached, it shall be your responsibility to promptly notify us, by sending a mail to hello@strique.io, failing which you shall have agreed to indemnify us for any loss or damage caused because of your failure to maintain the security of your account information. You shall also be liable to indemnify us for any loss or damage caused to it or the facility, in the event of your conduct in providing it false information, and against which conduct necessary and appropriate action will be taken. 

‍Payment 
‍We do not take payments directly from you, we use the Shopify Billing API system as a service provider for managing our payment transactions. In consideration of the Services provided to you, all payments are made by you to Shopify (“Fees”), who later, on receipt of the Fees, pay us the agreed component of the Fees. For the payment of Fees, upon registration and based on the Services you have opted for on the Website, you would be intimated online, of the same or the payment due for the same. Then, you will be prompted to provide your payment details for ease of online financial transaction, and you will be directed to make your payment through Shopify’s payment gateway, PayPal Express Checkout and/or Shopify Payments (“Payment Gateway”). You must keep the billing information you provided to us current, complete, and accurate, and notify us promptly in case of any change in your billing information. You may make the payment in the applicable currency of the country you reside in, though the Fees on the payment page shall be reflected in US Dollars, unless expressly stated otherwise. You agree and acknowledge that the Fees are non-refundable, and have no connection to whether you have or have not used the Services.The Payment Gateway will enable your payment through a payment account, such as your bank account or debit or credit card, linked to your user account on the Shopify. Shopify Billing API as the payment related service provider, may enforce terms and conditions on you, which are independent of these Terms of Use, and which you agree to comply with, as part of the Service Agreement. User is further advised to check the Shopify and the Payment Gateway website for their terms and conditions of use on the link provided herein:

‍Shopify Payment of Fees and Taxes:
‍ https://www.shopify.com/legal/terms#Fees We have no control over the operation of the Payment Gateway and you may share information with them at your sole risk. The Website shall not be liable to you for any misappropriation of your personal information or money that occurs on such Payment Gateway. We reserve the right to change our billing service provider as we deem fit and shall intimate you of the change if and when it takes place. If your payment method is invalid at the time your payment is due or anytime later, you agree to pay all due amounts against all accumulated charges, upon demand or at the end of each Service cycle.

‍Permitted Use
‍Subject to your compliance with these Terms of Use and payment of the applicable fees, we grant you a revocable, non-exclusive, non-transferable, non-sub licensable, limited right to use the Services on a subscription basis in accordance with these Terms. Except for the limited rights expressly set out in these Terms, we grant you no other license or right in the Services. Your rights will end when these Terms are terminated. You shall not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other User’s use and enjoyment of the Website. You agree that you shall not disguise in any way the origin of information transmitted through the Website nor will you place any false or misleading information on the Website nor will you present any false information about us or our Services or misrepresent any facts, including your relationship with us and our affiliates or the otherwise use or access of any Services or Website content in a manner not expressly permitted by it. You are solely liable for all customer service, order fulfilment, product returns associated with any product that you make available on your e-commerce website. You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Content or which infringes the IPR of another. Further, the use or distribution of tools designed for breaching security of the website (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. You may not use or access the Website or Services in any way that in our judgment, adversely affects the performance or functioning of the Website or interferes with the ability of authorised parties to access the Website or the Services. We reserve the right to remove any Website content, which we may determine at our own discretion, to be violative of these Terms of Use and Services or any law or statute in force at the time. In event we find you to be using the Website in any manner restricted by us in the Terms, we reserve our right to terminate your access and also claim damages for such misconduct.

‍Intellectual Property 
‍Unless otherwise stated, any and all intellectual property rights (“IPR”) associated with the Website, including all the information, text, links, services, content, images, designs, concepts and layout, looks, arrangement, appearance and assembly of content, graphics, button icons, audio, video, audio-video, multimedia and all materials available on or through the Website contained therein, belong exclusively to us or our affiliates from whom they have been licensed. The content is protected by Intellectual Property laws both of India and those countries with whom India has reciprocal arrangements.

Copyright Violation
‍We have an exclusive copyright on all the written matter and the expressions and arrangement of the content on the Website, and it cannot be used by you. Except as expressly authorised, we do not otherwise grant you any express or implied rights to the IPR of our Website, Services and content or that of any third party. Reproduction or copying of the Website, Services or its content, whether partly or fully in any way or for any purpose whatsoever, is prohibited other than as authorized under these Terms of Use. You agree to observe and abide by all copyright and other proprietary notices and other restrictions contained in any such content and you will not make any changes thereto. With reference to the content of our Website, we grant you a limited, personal, non-transferable, non-sub licensable, revocable licence to view, access, download (for caching purposes only), and use the Website and the Services a for your own, personal and non-commercial use only and only in the manner prescribed by us. You expressly agree not to publish or republish; sell or lease; show, display or depict or create any derivative works thereof; reproduce, duplicate or copy; edit, amend/modify or otherwise reverse-engineer; translate into any language or computer language; use or misuse; redistribute or resell or retransmit any content, whether in part or in full, from this Website to anybody or provide any ink or hyperlink of this Website to any third party or frame or utilize framing techniques to enclose any portion or aspect of the content, without our express, prior written consent. We reserve the right to terminate in appropriate circumstances, Users or account holders who repeatedly infringe or are believed to be repeatedly infringing the our IPR or third-party holders’. In case of such termination and in case they have subscribed to our Services, they will not be entitled to any refund. 

‍Take Down Procedure for Copyright Infringement
‍We respect the intellectual property rights of others and expect that our Users do the same. Thus, we have established a process for addressing claims of copyright infringement that we have implemented on our Website, which permits Users who own a copyright or have authority to act on behalf of a copyright owner and want to report a claim against a third party infringing his/her IPR on or through our Website or Services, may send a written notice to us of the same. Such notice must contain the following details, and we will expeditiously take necessary and appropriate action:(a) description of the work with adequate information to identify the work, that as per the User is being infringed;(b) details indicating the User’s ownership of the copyright in the work;(c) details of infringement;(d) location of the infringing work; and(e) details of the person, if known, who is responsible for infringing the copyright.In consideration of a complaint by any User, we may take down such allegedly infringing materials or Ads, and in appropriate circumstances, we may disable or terminate the accounts of Users who may be repeat infringers. Any User affected by a takedown notice may respond to the notice, and when they do, we may upload their content on our Website, within 10-14 days of the notice, unless the User (complainant) notifies us that he/she has initiated a legal action seeking to restrain the alleged infringing party from engaging in infringing activity.
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Trademark Violation
‍All customised graphics, icons, including some of the characters, logos or other images or other items incorporated by us on this Website are our registered or unregistered trademarks, service marks or trade names ("Marks"), or of our affiliates or other entities that have granted us the right and licence to use such Marks through the Website. The said Marks may not be used or interfered with in any manner without our express written consent. Any User who is a holder, user and/or adopter of any trademarks can report a trademark violation to us. While reporting any such violation, the User must mention his contact details, the details of use or adoption of the trademark, details to identify the infringing User, along with a description of confusion being caused by the acts of the infringing party. In keeping with our Terms, we may take down any material that is found to be infringing and/or objectionable of our IPR.

Privacy
‍Our Privacy Policy sets out how we use the personal data of Users of our Website. By using our Website, you agree to the way in which we process your personal data in the manner set out in these Terms and our Privacy Policy.

Limitation of Liability
‍In no event shall we be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages on account of lost data resulting from the use of and/or inability to use the Website or interruption of the same, deficient services or inaccurate content, whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not we are advised of the possibility of such damages. Further, we take no responsibility for the content, provided to us by you, or for the Ads displayed by us, in furtherance of providing you the Services. To the extent permitted by applicable law and to the extent that we are otherwise found to be responsible for any damages, we shall be responsible for actual damages only and the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein. 

‍Disclaimer of Warranties
‍We make no representations or warranties about the results to be obtained from using the Website or our Services, nor guarantee any minimum level of revenue, or that any revenue will be generated from the Services. The use of same is at your own risk and peril. The Website, Services and its content (including Ads) are provided on an "as is"  basis. We, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise. We and our affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, validity, fitness, security or timeliness of the Services provided on or through the use of the Website. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website. No information obtained by the User from the Website shall create any warranty not expressly stated by us in these Terms of Use. It is thus expressly clarified that we will assume no liability or responsibility for any errors, or inaccuracies of content, any personal injury or property damage resulting from your use of the Website and/or any bugs, viruses, which may be transmitted to or through the Website by any third-party. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a you or any third-party through the Website, any hyperlinked website, or any website or mobile application featured in advertisement, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products.

‍Indemnity
‍You agree to indemnify and hold us and our affiliates harmless from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Website’s servers, and/or from any and all use of your account in violation of the Terms or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account, or any other third-party infringement claims in relation to the advertising material provided to us by you. We reserve the right to take over the exclusive defence of any claim for which we are entitled to for indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested by us. Your indemnification obligation will survive the Terms of Use.

‍Termination
‍You may terminate these Terms by removing the Application from your Shopify account. We reserve the right to deny, terminate, or suspend our Website and/or your access to it, even if access and use is continued for others, in our sole discretion, for any reason, including without limitation, if you breach these Terms, and/or you use our Website in a manner that violates any applicable law. Upon such suspension or termination, you are required to immediately discontinue your use of the Website and the Services and destroy any copies you may have made of any portion of the content or material of the Website. Accessing the Website and its Services after such termination, suspension or discontinuation shall constitute an act of trespass. We may terminate your use of the Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. In the event you have failed to pay the Fee for the Services as subscribed for, despite reminders, it will be deemed as your unwillingness to continue with the Services and the same shall be terminated. Furthermore, you agree that we shall not be liable to you or to any third party for any termination or suspension of your access to the Website and its Services. Even after termination, the provisions of the Terms of Use relating to the Intellectual Property, Indemnity, Disclaimer of Warranty and Limitation of Liability, will remain in effect, such that these terms by their nature may survive such termination. We further reserve the right to take any action to restrict access to or remove any objectionable content or other materials that violate the Term of Use.

‍Miscellaneous
‍These Terms of Use make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof. You may not assign these Terms or any of your interests, rights or obligations under these Terms to any other person. If any provision of these Terms shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Failure to strictly enforce any Term of Use or forbearance to exercise any right or remedy shall not be construed as a waiver by us of such right or remedy or preclude the further exercise of the right or remedy or any other thereof. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such Terms of Use or any other terms or condition. The parties (you and us) are neither partner, agent nor representative of the other and the relationship of the parties is that of independent contractors.

‍Amendment
‍We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms or at any time for any reason, without providing you any notice thereof, and by visiting or using our Website after the posting of a modification, you accept the modification. Any and all such modifications are effective immediately upon posting and apply to all who access and use the Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications.

‍Governing Law
‍The Terms of Use shall be governed by and interpreted in accordance with the laws of India, and the Courts of Mumbai shall have exclusive jurisdiction over all disputes (whether contractual or non-contractual) arising out of or in connection with the Terms of Use. You agree to submit to the exclusive jurisdiction of the Courts of Mumbai to resolve any dispute arising out of these Terms or the use of the Services.

‍Compliance with applicable law
‍You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not in our sole judgment, negatively impact our goodwill or reputation and you shall take no action, which might cause us to be in breach of any laws, rulings or regulations applicable to it. Our Website is based in India, and controls the dissemination of information and Services in its jurisdiction. You agree to comply with all such applicable restrictions and not to export or re-export the Services or Website content to countries or persons prohibited under Indian or other applicable export control laws or regulations. You agree that you will not use the Website in any country in any manner prohibited by any applicable laws, restrictions or regulations. You are solely responsible for the compliance with the laws of your local jurisdiction and any other applicable laws regarding the export of the Services and content. If you access the Website from a location outside India, You are responsible for compliance with all local laws. We make no representation that materials or other content on the Website are appropriate or available for use outside India, its territories, possessions and protectorates.

‍Grievance Redressal
‍While we ensure at all times to do our best to provide the best services to our Users, there could arise User grievances despite our best efforts, which we will ensure to redress promptly, upon receiving a report of the same at hello@strique.io.