1. Acceptance of these Terms of Use
Treetle is a website located at www.treetle.com ("Website/
The terms governing our agreement with companies or individuals that have contracted for a Business plan or an Enterprise Network (a Corporate Network) are set forth at www.treetle.com/business_terms or in a separate agreement (collectively, Business Terms), but all users of the Service (whether of the free service or a paid service) must agree to these terms as well.
2. Definitions
Administrator
The creator of a Club is, by default, designated its Administrator. The creator may, at his sole discretion appoint a Member of the Club to replace himself as Administrator, subject to such Member's consent. A Club may have multiple Administrators at any given point. An Administrator may appoint "Administrators" or "Co-administrators" to help manage the affairs of the Club. The rights and responsibilities of the Administrator and Co-Administrator(s) are as follows:
However, a Co-administrator cannot add, remove, change, or replace any other Administrator or Co-administrator of the Club, and cannot modify the type of the Club from Invite Only to Public or vice versa.
Club
A Club refers to an online group created by a User on Treetle. Clubs may be of two types
These Clubs may be further divided into two types based on their rights of admission and enrollment:
Contact
Contacts are the Members of a Club of which the User is also a Member who do not feature in the list of Friends of such User.These Contacts may be displayed under the "Connections" tab.
Content
Content refers to any information a User provides on Treetle, including while joining a Club or Event, on any forum, message board, private messaging, by e-mail, etc., such as personal information and facts or any actions taken by the User.
Event
An Event refers to any designated meeting or activity being organized by an Organizer, Co-organizer, or Member of the Club (subject to the policy of each Club). An Event may be of two types:
"Open To All": which is open to all Members of the Club; or
"By Invite Only": Event where Members can request an invite to the Event or the Organizer of the Event can either invite or authorize participation by Members.
Further, an event is a Paid Event when the organizer of the event requires attendees to pay a certain amount of money (determined by the organizer) to attend the Event.
Friend
Friends are other Users who you closely interact with and who appear in the list of Friends on your account as a result of you accepting a Friend request from such Users or vice versa, or they are connected to you on another website through which you signed up to Treetle.
Member
Member shall refer to a Verified User who has been accepted as a participant in the activities of any Club.
Offline Event
An Offline Event refers to any physical meeting or gathering between Users, or Users and other individuals, made possible by an Event posting on the Treetle Website.
Organizer/Co-organizer
Organizer shall mean a Verified User who creates an Event for any Member(s) to participate in. A Co-organizer is a Member designated by the Organizer who aids in the organization of the Event and has similar rights as the Organizer with the exception that he/she cannot cancel the Event. Co-organizers are specific to an Event.
Search Box
The Search Box is a utility based feature made available on the Treetle Website which enables Users to search for Friends, Contacts, Users, Clubs, Events, products, etc., on the Website.
User
Users are persons accessing the Treetle Website or using any of the Services, applications, features provided therein and shall include service developers and other related entities.
3. Eligibility
Treetle's Services may be availed of by all individuals who are at least 18 years of age. By registering to use Treetle Services, you represent and warrant that you are at least 18 years of age.
Please note that you may not join Treetle if you have been convicted:
Additional eligibility requirements for joining a particular Club or attending an Event may be set by Administrator/Co-administrator of the Club, or Organizer /Co-organizer of an Event respectively.
We have the right, in our sole discretion, to suspend or terminate your use of our Services and refuse any and all current or future use of all or any portion of our Services. In this event, you agree to forfeit the right to claim any unused credits in your account.
4. Signing Up
At present, you may register and create an account on Treetle using login details from other websites, (e.g., Facebook), or by signing up on the Website. To register on Treetle, you will be required to provide, at a minimum, the following information:
At the time of signing up, you agree that you are at least 18 years of age.
Certain other information may also be obtained from your Facebook, Google Plus, Twitter or Yahoo account with your consent.
Upon registering, you may be presented with an option to invite your existing Facebook, Google Plus, Yahoo or Twitter contacts to join Treetle.
Registering does not entitle you to create or join a Club, or create or join an Event. For this you will have to become a Verified User.
To ensure that your registration is valid, please keep us informed of any change of e-mail address, mobile number, or location.
5. Verified User
Once you are registered, and wish to create a club, post an event, upload credits or generally "interact" on Treetle, you will need to provide your cell phone number. We will send you an SMS containing a unique verification code. You must enter this code in the box provided on the Verified User page. If the code entered by you corresponds to the unique verification code sent by us via SMS, you will become a Verified User of Treetle, which will allow you to create and join Clubs, and create and join Events (subject to the individual rules and settings of each Club), or generally "interact" on Treetle.
6. Clubs
The Treetle interface offers Users an option to create their own Clubs or join existing Clubs on the Website.You may use the Search Box to find Clubs you want to join. You may search for a particular Club by name or may also search for particular Events or recreational activities, etc., by providing related key words and terms. The search results may provide you with links to Club pages, Events or may also make suggestions depending on your search queries. You may click on the links provided to be directed to the Club page and may enroll in the Club by simply clicking on the "Join" button (in case of a Public Club). If it's an Invite Only Club, you may click on the "Request Invite" button and send a request for membership to the Administrator of the Club. If the Administrator approves the request you will automatically be added to the Club membership.There is no limitation or restriction to the number of Clubs a User may join, however, each Club may be governed by specific qualifications for the purpose of its membership, which are solely determined and implemented by the Administrators of such Clubs. The Administrator/Co-Administrator may at his sole and absolute discretion, refuse membership, of any person with or without assigning any reasons. You acknowledge and agree that you will not raise any claim or complaint against Treetle and will not be entitled to any compensation from Treetle in the event you are refused membership to any Club for any reason whatsoever.
You may create a Club by filling the "Create a Club" form available on the Website. In the event you wish to create a Not-For-Profit Club, you can do so by selecting the corresponding option in the form. Please note that Treetle will be unable to recognize a Club as a "Not-for-Profit Club"if you fail to make a mention of the same as stipulated above. The Not-For-Profit Clubs enjoy certain additional benefits as opposed to the other types of Clubs on the Website.
7. Events
Subject to the policy adopted by each Club, an Organizer, Co-organizer or a Member of the Club may post or organize Events on the Club page. If the Club permits only designated or authorized Members to post Events and you are not such person, you may send a request or a suggestion for an Event to the Administrator of the Club, who may then exercise his discretion in dealing with such a request.
If you are a Member of a Club, you may attend and participate in an "Open To All" Event by clicking on "Yes" in the RSVP option or may request an invite and then RSVP to it, in case of a "By Invite Only" Event.
The Organizer of the Event may stipulate a registration, entry or participation fee for an Event. We strongly recommend that such a fee is made known to the Members of the Club where such an Event is posted. You agree to release Treetle of any and all liability arising out of, or in connection with, any of the above mentioned eventualities, including, rejection of the request for invitation to an Event, failure of the Organizer to specify the entry or participation fee to the Event, etc.
8. Bravo Points
Bravo Points are primarily contributions made to an Organizer or Co-organizer acknowledging such person's effort, performance, skill, work, etc., in relation to any Event, at the discretion of the Member awarding the Bravo Points. If you have attended an Event by RSVP'ing "Yes" and wish to award a Bravo Point to an Organizer or Co-organizer, you may do so. The total number of Bravo Points received by the User will be displayed on the account of such User and will be available for viewing by other Users.
9. Interactions on Treetle
Administrator(s) and Organizer(s)
An Administrator has authority over the activities of a Club. The Administrator may set the criteria for entry into the Club and membership of the Club. The Administrator may suspend or terminate a User's membership of a particular Club, grant and revoke permission to post Events, or otherwise participate in the Club activities and interactions. The Administrator may also relinquish his/her position. The following procedures apply:
|
Composition of the Club |
Procedure for relinquishment of position by Administrator and shutting down of Club |
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If the Club has no Member(s) apart from the Administrator |
The Administrator may send a written request to support [at] treetle [dot] com to shut down the Club. |
|
If the Club has Member(s) but no other Administrator |
Since a Club must have at least one Administrator, the Administrator may not relinquish his/her position unless they assign someone else to be the Administrator of the Club; such User must first accept to become an Administrator. The new Administrator can repeat the process above should they choose not to remain an Administrator. |
An Organizer of an Event may set criteria for participation in an Event and regulate/limit the Members who are able to view and sign-up for the Event.
Further, Treetle may, at its sole discretion, change permission settings of clubs (e.g., from allowing only designated organizers to organize events to allowing anyone to organize events in a particular club) if we deem it necessary for the proper functioning of the club.
Interaction within Clubs
Interaction between Users on Treetle can take place through their participation in Clubs and Events. By joining a Club, Users agree to receive communication from the Members of the Club, including but not limited to the Administrator, Co-administrator of the Club and Organizer(s) and Co-organizer(s) of Events.
Such communication and related materials will be transmitted to your e-mail inbox and/or your Treetle inbox. However, unless authorized by you, your e-mail address will not be visible to any other Member of the Club. Further, you may subscribe or unsubscribe to e-mail alerts.
In addition you may also post your comments, opinions, etc., on the Club discussion page and other public areas of the Website. Such contributions may be viewed by all Members of the Club and other Users respectively.
Interaction among Users - Treetle Messaging and Treetle Inbox
Treetle has included a private messaging/e-mail service, which allows Treetle Users to interact with each other as well as the Treetle administration and Vendors to interact with Users. All messages/e-mails may be viewed in your Treetle inbox.
Treetle Calendar
Treetle Calendar is a feature provided by Treetle, which helps you keep track of your Events. Communication with regard to Events that you are invited to and eligible to attend will directly be posted on your Treetle Calendar. The following are the indications that may appear on your Calendar depending on your activity:
10. Sponsor a Club or an Event
Interested Users may sponsor a Club or an Event on Treetle, by sending an email to sponsor [at] treetle [dot] com. Within a reasonable period of time of such submission Treetle will contact the User with the particulars of the sponsorship arrangement. Sponsoring a Club or an Event on the Website will not only enable the Users to support and/or promote a cause, interest or any activity but will also enable them to avail of other significant benefits and advantages such as logo presence on the Club/Event page with a link to the company or organization of the User. In addition the sponsor will have the opportunity to host or conduct activities such as contests and competitions to increase brand recognition and awareness. Please note that the terms of the sponsorship and the benefits accruing to the User on account of it may differ from User to User and Treetle reserves the right to provide distinct rights to different Users/sponsors at its sole and absolute discretion and Users agree to not make any claim or raise any complaint against Treetle in this respect.
11. Offline Activity
You agree that Treetle merely provides a platform and tools that allow Users to organize Offline Events at various locations. Treetle does not control, or involve itself in any other manner, with these Offline Events. Treetle further, does not verify the identity of persons organizing or attending such Events. We therefore request you to exercise caution and care in attending these Offline Events, and further exercise vigilance while participating in these Events.
For these reasons, you agree to release Treetle and all its directors, employees, consultants, affiliates, agents and assigns from all claims and damages of every kind, arising out of your use of the Treetle Website or Treetle Services, Third Party Website(s), or your attendance at, or participation in Offline Events. You further waive all rights that you may have under any laws in force that have the effect of limiting the waiver/release.
12. Credits
[NOTE: This feature has been temporarily turned off on the Treetle website, while we add additional features and integrate our website with a global payment gateway]
Credits accumulate in your account when you sell tickets for Paid Events you organize. These may be redeemed via a PayPal account or via online bank transfer depending on the country you are in. Tickets sold via Treetle are subject to a service fee of 5% (E.g., if you sell 10 tickets to your event for US$10 each, the gross proceeds will be US$100. Treetle will charge 5%, or US$5, as service fee for this transaction.) Further, these terms may be changed at Treetle's sole discretion, without prior notice.
13. Payment Terms
Currently Users may pay by credit card, debit card or through net banking only, which ever is available on the Website. We do not accept payments by cheque or cash.
Users agree that once they confirm a transaction including purchase of deals on the Treetle Website, they shall be bound by and make payment for that transaction.
At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
14. Cancellation and Refund Policy for Paid Events
Paid events are events where the organizer of an event requests users to pay a certain amount of money to participate in the event. Users agree that once they confirm a transaction for paid events, the amount is not refundable to them in case the user decides they are not able to participate in the event. In case the organizer of the event cancels the event, or the said event does not take place, Treetle will refund the money to the users. For this to happen, the user agrees that they must write to support [at] treetle [dot] com, within 24 hours of the event end-time as posted on Treetle, and notify the administrator of Treetle that said event has not taken place. Upon confirmation by Treetle, Treetle will begin the refund process, which can take up to 6 (six) weeks.
At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail, if such terms and conditions are inserted by Treetle, and not by any other party including Organizers, Vendors and Third Party service providers.
15. Third Party Sites, Services and Products
The Treetle Website may contain links to other Internet sites owned and operated by third parties "Third Party Website(s)". Your use of each Third Party Website is subject to the conditions, if any, posted by those sites. Treetle does not exercise control over any Internet sites apart from the Treetle Website, and cannot be held responsible for any content residing in any third party Internet site. Treetle's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Treetle of such third-party Internet site.
Your correspondence or related activities with third parties, including payment providers, are solely between you and that third party. You agree that Treetle will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
16. Maintaining confidentiality of your password
You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain such confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Treetle cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
17. Content
You are solely responsible for any Content provided by you to Treetle, or any User or other individual by use of Treetle Services.
Neither Treetle, nor its affiliates, agents, directors, officers, employees, consultants, shareholders or partners shall be responsible or liable in any manner for any Content made available by you on the Treetle Website.
Any Content that you provide which may be viewed in any part of the Website that is publicly accessible, i.e., accessible by any or all Users, shall be considered "Public Content". Content provided to Treetle that is not meant to be publicly accessed shall constitute "Private Content". Please be informed that your Public Content may be accessible and made public through search engines, crawlers, etc.
The Content provided by you to Treetle or on the Treetle Website or Services (including by creating, uploading, posting, emailing, transmitting or otherwise making available) shall:
Treetle may at its sole and absolute discretion, review and/or delete any Content that it considers to be violative of these Terms of Use, or for any other reason. In addition, Treetle reserves the right to remove or shut down any Club, activity or discussion on the Club page, Event and activity descriptions; images; videos, etc., from the Website if the same bears an inappropriate, offensive or defamatory name, title, description, depiction or is otherwise objectionable, at its sole and absolute discretion, without giving prior notice or intimation to the Administrator of the Club. The Administrator, Organizer, Co-organizer or Member of such Clubs shall have no right to make any claim or raise any complaint against Treetle for any such disciplinary action that may be taken to preserve the quality and integrity of Treetle and its Services.
18. License to your Content
Treetle's usage of your Content and personal information shall be governed by the Privacy Policy available at www.treetle.com/privacy.
You grant, and you represent and warrant that you are authorized to grant, Treetle and its affiliates, a non-exclusive, sub-licensable right to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, commercially exploit, transfer, transmit, and/or publish your Public Content.
19. Use of Treetle Services
The following is an illustrative list of circumstances under which Treetle may suspend or terminate your account with or without notice to you, disclose your Public and Private Content to relevant authorities, or take other appropriate action against you, including civil or criminal proceedings:
20. Proprietary and Intellectual Property
The Treetle Website includes a combination of content created by Treetle, its partners, licensors and associates. The intellectual property rights ("Intellectual Property Rights") in all software underlying the Treetle Website and Services and material published by Treetle on the Website, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, marks, logos, audio or video clippings and Flash animation, is owned by Treetle, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials on the Treetle Website either in whole or in part.
Users further confirm and undertake to not display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Treetle Website unless expressly authorized in writing to do so.
21. Release and Limitation of Liability
You understand and agree that Treetle (and its affiliates, agents, directors, officers, employees, consultants, shareholders or partners) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Treetle has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Treetle Service; (ii) access of any Third Party Websites including any transactions conducted therein (iii) participation or exclusion from any Offline Event (iii) unauthorized access to or alteration of your transmissions or data (iv) statements or conduct of any User or other person on the Treetle Website or Services; or (v) any other matter relating to Treetle Services.
In consideration of Treetle allowing you to avail of Treetle Services, you agree to waive and release each and every right or claim, all actions, causes of actions (present or future) you have or may have against Treetle, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any loss, injuries, accidents, mishaps or any other untoward event (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Services.
22. Suspension/Termination of Account
You understand and agree that we may temporarily suspend or permanently terminate your account and/or delete any Content posted by you at our sole and absolute discretion, with or without any warning or notice, for any reason whatsoever, including but not limited to:
You understand that upon deletion of your account, you will lose all Content currently residing in your account. We will not be liable in any manner for termination of the User account.
Further, any Credits remaining unused in your account on the date of deactivation or deletion of your account shall be deemed forfeited by you and Treetle shall become entitled to the same.
23. Indemnification
You agree to indemnify and hold harmless Treetle, its directors, employees, consultants, affiliates, agents and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any claims by third parties or other Users due to, or arising out of:
24. No Warranties
While we at Treetle are fully dedicated to delivering an excellent web experience that is error-free and secure, neither Treetle nor any of its affiliates makes any warranty (either express or implied):
Additionally, Treetle does not provide any warranty as to the content on the Treetle Website. Our Services are distributed on an "as is, as available" basis.
25. Jurisdiction and Dispute Resolution
The courts of competent jurisdiction at Bangalore, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the usage of the Treetle Website, the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of the User(s) or Treetle, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the Party raising the dispute shall provide a written notification ("Notification") to the other Party. On receipt of Notification, the Parties shall first try to resolve the dispute through discussions. In the event that the Parties are unable to resolve the dispute within five (5) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Bangalore, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms of Use shall prevent Treetle from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Treetle's interest prior to, during, or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Treetle to pursue any remedy for monetary damages through the arbitration described herein.
26. Miscellaneous Terms
We are constantly endeavoring to improve the quality of Services provided to you. Due to this the form and nature of Treetle Services provided may change from time to time without any prior notice to you. Further, Treetle is entitled to stop (either permanently or temporarily) the Services provided or terminate the Website without any prior notice to you. We may also prescribe certain limits on the use of the Website and/or Services or storage of Content at our sole discretion without any prior notice to you. The Services may include advertisements. In consideration for Treetle granting you access to and use of the Services, you agree that Treetle and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
27. Changes to Privacy Settings
You may change, alter or modify your Privacy Settings on your Treetle Account by making the requisite changes in the Privacy tab available on the edit profile page option which can be accessed from the menu bar on the home page.
28. Modifications to these Terms of Use
We reserve the right to change, modify or amend these Terms of Use at
any time without any prior intimation to you or any other person. All
modifications will become effective immediately upon posting on the
Website. Please review these Terms of Use available at www.treetle.com/terms
29. Feedback and Queries
We at Treetle are always endeavoring to provide our Users with a satisfying and fulfilling experience and appreciate all comments and suggestions that you would like to share with us with respect to our Services, features, applications, products, etc., on the Website. In addition we are more than willing to answer all queries and doubts pertaining to the use of the Website or any of the Services provided therein or any other related matter. You may write in to us at feedback [at] treetle [dot] com.