The terms ‘Company’ or ‘us’ or ‘we’ refer to the owners of this Website/App. The term ‘you’ refers to the user of our Website/App.
ACCESSING, BROWSING OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.1.ELIGIBILITY
1.1 You will be eligible to use the Services on the Website/App only if you are competent to contract under the laws of India.
1.2 By initiating the registration process as provided for on the Website/App and accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the App and agree to abide by these Terms. You also represent and warrant to the Company that you will use the App and the services in a manner consistent with any and all applicable laws and regulations.
1.3 Use of the Website/App and/or the Services is not available to persons whose membership has been rejected, suspended or terminated by the Company for any reason whatsoever.2. REGISTRATION AND MEMBERSHIP
2.1 You can visit the Website/App without registering and obtain access to certain basic Services. However, in order to use the Services and to gain access to special features of Services, you will have to register yourself and create a profile with the Website/App.
2.3 Information sought at the time of registration may include your name, mobile number, email address. [Please confirm the exact information that will be collected].
2.5 When you register at our Website/App, you will create a password and a user id, which will provide you access to the Services and materials available at the Website/App, unless revoked by us for any reason. Your account is for your sole, personal use, you may not authorise others to use your account nor may you assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorised use under such password. You agree to be responsible for and to indemnify, defend and hold us and our officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorised use of your login name or password.
2.6 The Company reserves the right to terminate your user account if it finds that you are in breach of the eligibility criteria set out above or violate any of the Terms set out herein, in its sole and absolute determination.3. WEBSITE/APP CONTENT
3.1 This Website/App is controlled and operated by the Company. All materials, including illustrations, statements, opinions, suggestions, information, ideas, comments, documents, questions, notes, proposals, views, messages, tags, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
3.2 Except where otherwise agreed in writing with the Company, material on the Website/App is solely for reference, and for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
3.3 Without the prior written consent of the Company, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use of the Content for which you receive any consideration, whether in money or otherwise, shall be considered a commercial use for the purposes of this clause.
3.4 All products listed in this Website/App are on “as is” and “as available basis”. You acknowledge and undertake that you are accessing the Services on the Website/App and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website/App. You further acknowledge and undertake that you will use the Website/App to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
3.5 We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the Website/App vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the Website/App.4. CONTENT SUBMITTED TO THE APP
4.1 You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. If, however, you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant the App a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels owned or operated by the Company.
4.2 By submitting any Content to the App, you hereby agree, warrant and represent that: (a) the Content does not contain proprietary or confidential information, and the provision of the Content is not a violation of any third-party’s rights; (b) all such Content is accurate and true, (c) the Website/App is not under any confidentiality obligation relating to the Content; (d) the Website/App shall be entitled to use or disclose the Content in any way; and (e) you are not entitled to compensation or attribution from the App in exchange for the Content.
4.3 You acknowledge that the Website/App is under no obligation to maintain the Service, or any information, materials, submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material.5. PAYMENT
5.1 Prices of the products are listed in USD. The Website/App uses services of third party gateway service providers for processing your payment request. The Website/App does not collect, save, store or make use of any of your financial information that you may feed in to process a transaction. The Website/App rejects all liabilities arising out of loss of confidential information pertaining to the debit/credit card or other pre-paid instrument account.6.SHIPPING AND DELIVERY
6.1 Delivery of products will be made through one of the logistics company and we shall thus not be responsible or liable for any delay in the delivery.7.USE OF SERVICES
7.1 You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
7.2 You agree not to distribute, upload, post, email or otherwise transmit any Content that:
(a)is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortious, hateful; or encourages another to engage in anything unlawful;
(b)is libellous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable;
(c)racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable; or
(d)contains a virus or any other similar programs or software which may damage the operation of the App; or violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party (including rights of privacy or publicity).
7.3 You further agree that you will not do any of the following:
(a)modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
(b)interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
(c)transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
(d)attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(e)take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(f)harvest or collect the email address or other contact information of other users of the Service;
(g)scrape or collect content from the Service via automated means;
(h)submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to the Website/App; or,
(i)impersonate any other person or business, or claim an account associated with another individual or entity.
7.4 You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
7.5 You hereby grant the Website/App permission to add content to your user profile at its sole discretion, by uploading content found on the link that you post as your or public profile in order to increase the quality or presentation of your profile.
7.6 The Company will make all determinations as to what Content is appropriate in its sole discretion. It may include, edit or remove any Content at any time without prior notice.
7.7 Notwithstanding the foregoing rules, the Website/App’s unlimited right to terminate your access to the Service shall not be limited to violations of these Terms.8. RESERVED RIGHTS
Without limitation to all other rights, we expressly reserve the right at any time to:
(a)Modify the terms of these Terms;
(b)Change the Website/App, including eliminating or discontinuing any content on or feature of the Website/App, and/or adding new features, categories, business models, offerings;
(c)Terminate the membership/user account of any member that does not comply with these terms;
(d)Impose fee structure or charges for using the Website/App or its Services.
You hereby waive any rights, whether existing or acquired in future, that are attributable to you under any applicable law, including (without limitation) any law, regulation or order concerned with privacy or personality rights, in relation to the matters contemplated herein, without any claim for compensation.10. LINKS TO OTHER WEBSITES
Please note that this Website/App and certain information delivered to you as part of the Services may contain links provided by third parties. Any website, information or Services accessed by or as a result of following such third party links is at your sole risk. The content viewed through any third party links is not endorsed in any manner by the Company. The Company shall not be responsible for or liable in any manner whatsoever for the content provided by such third party links. Further, the accuracy of the content provided through third party links has not been verified by the Company and we provide no warranties with respect to the same. Any information collected on websites visited through such third party links is subject to the privacy policies of such third party websites.11. WARRANTY AND LIABILITY DISCLAIMER
11.2 The Website/App, all the materials and services, included on or otherwise made available to you through this Website/App is provided by the Company “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
(a)This Website/App will be constantly available, or available at all; or
(b)The information on this Website/App is complete, true, accurate or not misleading; or
(c)The quality of any products, services, information or other material that you obtain through Website/App or Services will meet your expectations.
11.3 The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics and links.
11.4 The Company does not warrant that this Website/App; information, content, materials, or services included on or otherwise made available to you through this Website/App; their servers; or electronic communication sent from by the Company are free of viruses or other harmful components. The Company utilises safeguards and industry best practices to protect the Website/App from hackers, sniffers and malicious modification tools, however, it does not warrant that the Website/App or the Services shall be completely safe from such attacks at any period of time. You acknowledge and agree that the Company cannot and does not pre-screen or approve any information or advertisements provided by a third party that is or may be available through the Website/App (“Third Party Information”), but that the Company has the right, in its sole and absolute discretion, to refuse, delete or move any Third Party Information that is or may be available through the Website/App, for violating these Terms and such violation being brought to Company’s knowledge or for any other reason or no reason at all.
11.5 Nothing on this Website/App constitutes, or is meant to constitute, advice of any kind.12. ACCURACY OF INFORMATION
The information presented on this Website/App has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website/App may contain typographical errors, incomplete or out of date information. The Company reserves the right to make changes to the Content, user Content and information on this Website/App, or to the Services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information. The use of the Website/App and the Company’s Services is at your own risk. If you seek to rely on any representation of information contained on this Website/App, any such reliance shall be at your own risk.13. TERMINATION OF SERVICES
In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice, and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.14. PROPRIETARY RIGHTS
The Company is the exclusive owner of all software, algorithm, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with Service.
13.I NTELLECTUAL PROPERTY
13.1 The Website/App’s graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of the Company. The look and feel of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of the Company or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by these Terms.
13.2 You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software, whether existing or future, (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of the Company and/or its licensors, as the case may be. These Terms do not convey title or ownership to you, but instead gives you only the limited rights set forth herein.14. LICENSE TO THE COMPANY
You hereby grant Company a perpetual license to use, republish, copy, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.15. LIMITATION OF LIABLITY
In no event will the Company, its officers, directors, employees or agents, be liable under any theory of tort, contract, strict liability or other legal or equitable theory for (i) any direct, indirect, special, incidental, or other consequential damages, (ii) lost profits, lost data, lost opportunities, (iii) costs of cover, exemplary, punitive, personal injury/wrongful death, (iv) error or inaccuracies in Services,(v) unauthorised access or use of our servers, (vi) any bugs or viruses which may be transmitted to our server by any third party, (vii) users’ submissions and Content regardless of whether or not we have been advised of the possibility of such damages.16.INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of the terms of these Terms, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.17. MISCELLANEOUS
17.2 Governing Law
17.3 Dispute Resolution
Any and all disputes, controversies or claims arising out of or in connection with or in relation to these Terms shall be referred to the sole arbitrator chosen by the Company, according to the provisions of Arbitration and Conciliation Act 1996, as amended. The decision of the arbitrator shall be final and binding on the parties. The governing law of the arbitration shall be the substantive laws of India. The seat of arbitration shall be Chennai. The proceedings of arbitration shall be conducted in English. The provisions of this clause shall survive the termination or expiry of these Terms.
17.4 Information Gathered and Tracked
Information submitted through all feedback forms on the Website/App is stored in a database. Specifically, we store the name, e-mail address, contact number of and social networking account names supplied by visitors to our Website/App who wish to receive certain services from the Company. We also use such information to send out occasional promotional materials, including alerts on new services available. We guarantee that personal information about users will not be provided to any third party without their consent.
All notices given by you or required under these Terms shall be in writing and addressed to:
Followon Interactive Media Pvt Ltd
8, Developed Plot Industrial Estate
If any paragraph, sub-paragraph, or provision of these Terms, or the application of such paragraph, sub paragraph, or provision is held invalid by a court of competent jurisdiction, the remainder of these Terms, and the application of such paragraph, sub paragraph or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected.
17.7 Entire Understanding
These Terms constitute the entire and only understanding and agreement between the parties hereto with respect to the subject matter hereof. All prior and contemporaneous understandings, discussions or agreements with respect to said subject matter are expressly superseded by these Terms.
The Company may assign its rights under these Terms, in whole or in part, to any person or entity at any time with or without your consent. You shall not assign your rights under these Terms without the Company’s prior written consent and any unauthorised assignment by you shall be null and void.