Terms & Conditions (T&C)
This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from Future Data (hereinafter referred to as “We” or “Our” or “Us” or “Company”).
By accessing Our Website or App from any computer, computer device, mobile, smartphone or any electronic device, You (hereinafter referred to as “You” or “Your”) expressly agree to be bound by these Website/App related Terms and Conditions (hereinafter referred to as the “Terms and Conditions”).
- ABOUT THE APP
- The App is proprietary to Us and constitutes Our intellectual property. Any intellectual property relating to any products and/or services offered on or through the App may be proprietary to Us and shall constitute Ours’ intellectual property as the case may be.
- ACCEPTANCE OF TERMS, ETC.
- You consent to have these Terms and Conditions and all notices provided to You in electronic form.
- The minimum age to use the App is 18 (eighteen) years. By using theWebsite/ App and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where You access Our Website/App.
- By using the Website/App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions thereof.
- APP ACCOUNT
- Your account details You provide to Us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the App that takes place under Your account. However, if any disclosure of User information is asked from Us, as required by law or by order of any court or government or regulatory or investigating agency or required for any assistance by government or regulatory authority or investigating agency, whether in US or out of US then We may disclose such information of Users.
- By agreeing to these Terms and Conditions, You grant Us the permission to send electronic communications to You as part of Our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us. Should You no longer wish to receive such electronic communications, You may write to Us at _____________
- Any account You open with Us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use Your account in any way whatsoever.
- Each User is only permitted to have one account on this App platform. If the use of multiple accounts/registrations by a single user is found, We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us.
- TERM AND TERMINATION
- These Terms will remain in full force and effect while You use the App or any part thereof.
- You may terminate or disable Your App account at any time and for any reason by deleting the App from Your device.
- We may, at Our sole discretion, terminate or suspend, whether temporarily or permanently, Your App account at any time with or without notice and for any reason, including for Your breach of these Terms and Conditions. After Your App account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
- You acknowledge that We reserve the right to terminate or delete Your account in case it remains ‘inactive’ for a duration as determined by Us in Our sole discretion. If We terminate or suspend Your account because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees and for any fees towards any in-App purchases.
- Following termination of these Terms and Terms, We will only retain and use Your content in accordance with these Terms and Conditions.
- APP USAGE
- You are hereby strictly prohibited from and against:
- undertaking any marketing, promotion, advertising or soliciting any other App user to buy or sell any products or services whether through the App or not;
- transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other App users or publishing the same on the App or anywhere else; and
- contacting any App user or using the details of any App user for any purpose not expressly permitted under these Terms and Conditions.
- It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
- You agree to take all necessary precautions in all interactions with other App users when You communicate with them through the App, if permitted.
- ACCOUNT SECURITY
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your App log-in (username and password) details as well as for any and all activities that occur under Your log-in. You agree to immediately notify Us of any disclosure or unauthorized use of Your log-in or any other breach of security by emailing us on ________________________
- PROPRIETARY RIGHTS
- You confirm and agree that We are the owner of the proprietary information made available to You through the App and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
- You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App; whether belonging to Us or not without first obtaining Our prior written consent.
- Other App users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.
- USER INFORMATION
- Notwithstanding any other provisions of these \Terms and Conditions, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate competent authorities or for any legal process; (ii) for enforcing these Terms and Conditions; (iii) for protecting or defending Ours, any App user’s or any third party’s rights or property; (iv) for supporting any fraud/ legal investigation/ verification checks; or (v) in connection with a corporate transaction, including but not limited to sale of Our business, merger, consolidation, or in the unlikely event of bankruptcy. You acknowledge and understand the provisions of this Clause 9.3 and grant Us an unconditional, perpetual right and permission to make such disclosure.
- By using the App, You hereby permit Us to use the information You provide Us, including Your experiences to facilitate Us to improve the App and its functionality as well as for promotional purposes, including the permission to publish Your non-personal information in any of Our partner websites and/or to use for research and analytical purposes.
- PROHIBITED ACTIVITIES
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us if You undertake any of the following acts:
- abuse, impersonate or defame Us or any App user or any other person, entity or any religious community;
- use the App for any commercial use or activity not expressly permitted as per Clause 6 of these Terms;
- make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by Us without Our specific prior written consent;
- use the App in an illegal manner or commit an illegal act or use the App not expressly authorized by Us;
- use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the App;
- undertake any unauthorized framing of or linking to the App or “frame” or “mirror” any part of the App, without Our prior written authorization;
- interfere with, obstruct, destroy or disrupt the App or the servers or networks connected to the App, whether partly or fully and whether permanently or temporarily;
- email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the App or of any computer software or hardware or telecommunications equipment connected with the App;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of any third party software);
- use meta tags, code, programs or other devices, tools or technology containing any reference to Us or the App (or any trademark, trade name, service mark, logo or slogan of Ours or Our partners) to direct any person to any other website or link or application for any purpose;
- directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App; or
- registration of multiple accounts for a single user or registration of multiple accounts by assuming fake identities;
- MODIFICATIONS TO THE APP
We reserve the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App. Any access or usage by You of the App shall imply that You have accepted any new or modified terms and conditions. Please re-visit these Terms and Conditions from time to time to stay abreast of any changes that We may introduce.
- DISCLAIMER OF WARRANTY
- To the maximum extent permitted by applicable law, We have provided the App on an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the App or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the App will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the App 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 App at all times and the results of the use of the App.
- Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the App, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Us.
- From time to time, We may offer new features or tools which Our App users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
- We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the App.
- LIMITATION OF LIABILITY
- To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the App, result of using the App, including without limitation, damages for recommendation of the App, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages.
- To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the App, the conduct of any App user or anyone else in connection with the use of the App, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from communications with other App users or as a result of using the App.
You agree to indemnify, defend and hold Us harmless, as well as Our partners, affiliates, subsidiaries, and each of their respective officers, directors, employees, agents, consultants and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the App, including but not limited to (i) any violation by You of these Terms and Conditions, or (ii) any action arising from the Content that You publish on the App or using the App that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
- Entire Agreement: These Terms and Conditions constitutes the entire agreement between You and Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.
- Amendment: We reserve the right to amend these Terms and Conditions from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the App once the revisions have been posted onto the same. You should therefore check the App from time to time to review the current Terms and Conditions as applicable to You.
- Survival: Termination or suspension of Your App Account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
- Governing Law and Jurisdiction: These Terms and Conditions shall be governed and construed in accordance with the laws of _________ and shall be subject to the exclusive jurisdiction of any competent courts situated at _______________
- No Assignment: These Terms and Conditions are personal to You. You cannot assign Your rights or obligations hereunder, whether partly or fully, to anyone.
- Severability: If any provisions of these Terms and Conditions are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
- Waiver: No waiver of any term, provision or condition of these Terms and Conditions whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms and Conditions.
We may occasionally update these Terms and Conditions. When We post any changes, We will revise the “last updated” date. We recommend that You check Our Website/ App from time to time to keep Yourself updated of any changes in Terms and Conditions or any of Our Policies.