Welcome to treachout.com
1. Your relationship with treachout.com (a product of Thekkiam)
Your use of Thekkiam’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Thekkiam under a separate written agreement) is subject to the terms of a legal agreement between you and Thekkiam whose principal place of business is at 49/2, Surya Apartments, Annanagar, West Extension, Chennai, TamilNadu, India. Pincode - 600101.
Unless otherwise agreed in writing with Thekkiam, your agreement with Thekkiam will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
Your agreement with Thekkiam will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Thekkiam in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Thekkiam in the user interface for any Service or by actually using the Services. In this case, you understand and agree that Thekkiam will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Thekkiam, or if you are a person barred from receiving the Services under Indian laws or other countries including the country in which you are resident or from which you use the Services.
3. Provision of the Services by Thekkiam
Thekkiam is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Thekkiam provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Thekkiam may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Thekkiam’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Thekkiam when you stop using the Services.
You acknowledge and agree that if Thekkiam disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Thekkiam will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Thekkiam, unless you have been specifically allowed to do so in a separate agreement with Thekkiam. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with Thekkiam, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Thekkiam has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Thekkiam may suffer) of any such breach.
5. Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Thekkiam for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify Thekkiam immediately at http://www.treachout.com/thtrcusc.php
6. Privacy and your personal information
7. Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Thekkiam (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Thekkiam or by the owners of that Content, in a separate agreement.
Thekkiam reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that Thekkiam has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Thekkiam may suffer) by doing so.
8. Proprietary rights
You acknowledge and agree that Thekkiam (or Thekkiam’s licensors) own all right, title and interest in and to the Services, including any intellectual property which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Thekkiam and that you shall not disclose such information without Thekkiam’s prior written consent.
If you have been given an explicit right to use any of these brand features in a separate written agreement with Thekkiam, then you agree that your use of such features shall be in compliance with that agreement. Thekkiam acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Thekkiam, you agree that you are responsible for protecting and enforcing those rights and that Thekkiam has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9. Licence from Thekkiam
Thekkiam gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Thekkiam as part of the Services as provided to you by Thekkiam (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Thekkiam, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Thekkiam, in writing. Unless Thekkiam has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Thekkiam a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Thekkiam to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this licence includes a right for Thekkiam to make such Content available to other companies, organisations or individuals with whom Thekkiam has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that Thekkiam, in performing the required technical steps to provide the Services to our users, may transmit or distribute your Content over various public networks and in various media and make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Thekkiam to take these actions. You confirm and warrant to Thekkiam that you have all the rights, power and authority necessary to grant the above licence.
11. Ending your relationship with Thekkiam
If you want to terminate your legal agreement with Thekkiam, you may do so by notifying Thekkiam at any time and closing your accounts for all of the Services which you use, where Thekkiam has made this option available to you. Your notice should be sent, in writing, to Thekkiam’s address which is set out at the beginning of these Terms.
Thekkiam may at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or Thekkiam is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful) or the partner with whom Thekkiam offered the Services to you has terminated its relationship with Thekkiam or ceased to offer the Services to you or Thekkiam is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service or the provision of the Services to you by Thekkiam is, in Thekkiam’s opinion, no longer commercially viable.
Nothing in this Section shall affect Thekkiam’s rights regarding provision of Services. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Thekkiam have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
12. Exclusion of Warranties
The Services are provided "as is" and Thekkiam, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them. In particular, Thekkiam, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that your use of the Services will meet your requirements, your use of the Services will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Services will be accurate or reliable, and that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
13. Limitation of Liability
Nothing in these Terms shall exclude or limit Thekkiam’s liability for losses which may not be lawfully excluded or limited by applicable law. Thekkiam, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you
Or, any loss or damage which may be incurred by you as a result of 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, any changes which Thekkiam may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services), 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, your failure to provide Thekkiam with accurate account information, your failure to keep your password or account details secure and confidential.
The limitations on Thekkiam’s liability to you shall apply whether or not Thekkiam has been advised of or should have been aware of the possibility of any such losses arising.
Some of the Services are supported by advertising revenue and may send emails, display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Thekkiam on the Services are subject to change without specific notice to you. In consideration for Thekkiam granting you access to and use of the Services, you agree that Thekkiam may place such advertising on the Services.
15. Other content
The Services may include hyperlinks to other web sites or content or resources. Thekkiam may have no control over any web sites or resources which are provided by companies or persons other than Thekkiam. You acknowledge and agree that Thekkiam is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Thekkiam is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites 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 web sites or resources.
16. Changes to the Terms
Thekkiam may make changes to the Universal Terms or Additional Terms from time to time. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Thekkiam will treat your use as acceptance of the updated Universal Terms or Additional Terms.
17. General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Thekkiam and govern your use of the Services (but excluding any services which Thekkiam may provide to you under a separate written agreement), and completely replace any prior agreements between you and Thekkiam in relation to the Services. You agree that Thekkiam may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Thekkiam does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Thekkiam has the benefit of under any applicable law), this will not be taken to be a formal waiver of Thekkiam’s rights and that those rights or remedies will still be available to Thekkiam.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Thekkiam under the Terms, shall be governed by Indian law. You and Thekkiam agree to submit to the exclusive jurisdiction of the courts of India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Thekkiam shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.