Seller Agreement

Membership Agreement


DirectCreate, ("DirectCreate," "our," "us" or "we")

MEMBERSHIP AGREEMENT

DIRECT CREATE PRIVATE LIMITED ("DIRECT CREATE") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN DIRECT CREATE IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.

MEMBERSHIP AGREEMENT (Effective Date: March 11, 2017)

1. Parties. The parties to this legal Agreement are you, and the owner of this DIrectCreate.com website, Direct Create. If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to "we", "us", "our", "this website" or "this site" shall be construed to mean this DirectCreate.com website and Direct Create.

2. Agreement. The legal Agreement between you and Direct Create consists of this MEMBERSHIP AGREEMENT, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site's home page. If there is any conflict between this MEMBERSHIP AGREEMENT and the Terms of Use, this MEMBERSHIP AGREEMENT shall take precedence.

3.Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you prior notice of a modification. If any modification is unacceptable to you, your recourse is to terminate this agreement. Your continued use of this site following our posting of an amended agreement or providing you notice of a modification will constitute binding acceptance.

4.Ownership. The material provided on this site and via our Services is protected by law, including, but not limited to, International Copyright law and treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

5.Membership Eligibility. Memberships are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.

6.Membership Services. Membership services include access to the Direct Create website and offline services as applicable to the membership tier chosen by you. The list if services and privileges available to you as a Member is listed on this page ("Services"). We reserve the right to update and modify the Services from time to time.

7.Membership Use and Restrictions. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy –

  a. you may access and use this site's Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us.

  b. You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts), and you agree to comply with the instructions set out on this site.
  c. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.

8.Membership Fees/Trials/Billing/Payments/Cancellation/Changes.The Membership Plans are subject to the following terms of Fees & payments.

  a. Fees: The membership Fees payable for each tier of Membership is listed in the Site here

  b. Membership Term: You can choose the term of your membership during the registration process. After the expiration of this term, you may renew the membership.

  c. Free Trial: Your initial membership may start with a free trial. The free trial period of your membership lasts for three months, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. Free trial eligibility is determined by Direct Create at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. For combinations with other offers, restrictions may apply.

  d. Billing Cycle. The membership fee for the Services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis or Annual Basis, based on your initial selection of membership tenure, to your respective Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. We will charge your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the Billing details link on the "Your Account"page.

  e. Payment Methods. You can choose to Pay the Membership Fees by Credit Card, Debit Card, Online banking or a variety of other Payments available on the Site.change your Payment Method by visiting our website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method and you remain responsible for any uncollected amounts. This may result in a change to your payment dates. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

  f.Cancellation. You can cancel your membership at any time, and you will continue to have access to the service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your paid current billing period and you will be shifted to a non-privileged free account. To see when your account will close, click "Billing details" on the "Your Account" page.

  g.Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you.

9.Termination for cause. You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you

10.Your Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.

11.Money-Back Guarantee For Services. We offer a 15 day money-back guarantee (if you have purchased a Monthly Membership) or a 45 day money-back guarantee (if you have purchased a Yearly Membership). If You are not satisfied with the this site's services, you will receive a complete refund if you notify us within the Guarantee period of your registration requesting a refund under this guarantee.

12.Support. We shall answer questions by email and telephone during our normal business hours regarding the use of the Services. Pls. call our Support at +91 11 39586700 or support@directcreate.com for assistance

13.Warranty disclaimers. Except as may be provided in any separate written agreements signed by the parties, the services, content, and/or products on this site are provided "as-is", and neither we nor any of our licensors make any representation or warranty with respect to such products, services, and/or content. Except as may be provided in any separate written agreement signed by the parties or separate agreement originating from this site, this site and its licensors specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to this site or products, services and/or content acquired from this site, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose. This site and its licensors do not represent or warrant that this site, its products, services, and/or content: (a) will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, or (c) will be free of viruses or other harmful components. These disclaimers constitute an essential part of this agreement. No purchase or use of the items offered by this site is authorized hereunder except under these disclaimers. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. Some states or jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

14.Limitation of liability. In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the three (3) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with the services, including without limitation the use or inability to use the services, or for any content obtained from or through the services or this site, any interruption, inaccuracy, error or omission, regardless of cause, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.

15.Confidential Information.You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as our affiliate while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of three (3) years after termination as our affiliate.

16.Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located anywhere in the world. You therefore, consent to the transfer of personal information outside your country of residence.

17.Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.