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Terms And Conditions

This site www.theflexiport.com (hereinafter referred as "Website") is owned and operated by Flexi Ventures Pvt. Ltd. (hereinafter referred as "FVPL") and contains contents, links, software, logos, marks, services and products offered free or otherwise by FVPL or by anyone other than FVPL, etc. (hereinafter referred "services") which is derived in whole or in part from said services supplied directly or indirectly by FVPL, outsider agencies and/or any other sources, and is protected by domestic and international copyright and trademark laws and/or any other applicable Laws. The restrictions on use of the services on the Website are specified below. Except where specifically authorized, you shall not modify, copy, reproduce, download, republish, upload, post, transmit or distribute etc. in any way any Services from/to the Website.

Please read these Terms of Use carefully. Your access to Website and/or use of the Services constitutes Your acceptance of all the provisions of these Terms of Use. If You are unwilling to be bound by these Terms of Use, do not access Website and/or use the Service.


DEFINITIONS

a. "Account" means the account successfully opened by the User on the Website by inserting information such as name, registration details (if a juristic person ), contact details, user name, password as required to be filled in the webpage during the Registration Process and includes any further changes and additions to the information from time to time.

b. "Service Provider" means any User (Company or Individual) who accesses the Website or uses the Services with an intention to secure Work/ Jobs / Projects / Assignments.

c. "Work Provider" means any User (Company or Individual) who accesses the Website or uses the Services with an intention to provide Work / Jobs / Projects / Assignments to the eligible Service Providers in its own organisation or in facilitating Service Providers to get Work / Jobs / Projects / Assignments in any other organisation for a term as detailed by it.

d. "Member" means the User who has completed the Registration Process successfully as per clause 6 of this Agreement.

PRIVACY

Please review our Privacy Notice, which also governs your visit to the Website, to understand industry wide best practices.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us amongst other things electronically. We will communicate with you by e-mail, mobile SMS text messages or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement.

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, articles, white papers, videos and software, is the property of FVPL or its content suppliers and is protected by Indian and international copyright laws/rules/regulations/statutes. The compilation of all content on this site is the exclusive property of FVPL and protected by Indian copyright laws. All software used on this site is the exclusive property of FVPL and protected by Indian and international copyright laws /rules/ regulations/statutes.

ELIGIBILITY

You, if an individual, must be 18 or above, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to be a member or to use the Website and Services.You, if a company, partnership firm, trust or any other juristic person (except an individual) must have the capacity to form a binding contract in Your jurisdiction. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio.

By using the Website and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Website that You will use Website in a manner consistent with any and all applicable laws and regulations.

1. SERVICES

  • 1.1 The use of this Website entitles the User, whether a Service Provider or a Work Provider, to avail certain services as provided in the following clauses ("Services") and interpretation of the term "Services" shall be done accordingly depending upon the context.

  • 1.2 If the Service Providers have completed registration as per clause 6.1, they shall be entitled to search for a project / assignment and view project / assignment listings and snapshots of the projects / assignments.

  • 1.3 If the Work Providers have completed simple registration as per clause 6.2, they shall be entitled for listing projects / assignments (non-permanent in nature) and after the screening, verification and approval of the same they can communicate with the Skill Providers.

  • 1.4 The Website reserves the right to change the nature of Services as mentioned in clause 3.2 or clause 3.3 at its sole discretion. Such change may be notified to the User by publishing the same on the Website.

2. RESTRICTIONS ON USE

  • 2.1 Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website:

    • a. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or

    • b. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or

    • c. that is defamatory, libelous, obscene, threatening, abusive or is offensive to Users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

    • d. that is false or misleading; or

    • e. that harasses or advocates harassment of another person.

  • 2.2 Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:

    • a. accessing data not intended for such User or logging into a server or account which the User is not authorized to access;.

    • b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

    • c. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or

    • d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

  • 2.3 Specific restrictions on rights to Use: In addition to the above, the Users shall not:

    • a. modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;

    • b. remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;

    • c. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;

    • d. collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than to solicit applications for project / assignment listings;

    • e. reformat or frame any portion of the web pages that are part of the Website and/or Service;.

    • f. create user accounts by automated means or under false or fraudulent pretenses;

    • g. create or transmit unwanted electronic communications such as "spam" to other Users or Members of the Website and/or Service or otherwise interfere with other User's or Member's enjoyment of the Website and/or Service;

    • h. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Website;

    • i. transmit any viruses, worms, defects, trojan horses or other items of a destructive nature;

    • j. use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

    • k. copy or store any content offered on the Website for other than Your own use;

    • l. take any action that imposes, or may impose in the Website's sole discretion, an unreasonable or disproportionately large load on the Website's IT infrastructure;

3. REMEDIES WITH THE WEBSITE

  • 3.1. You understand and agree that the Website may review any content or project / assignment listing and in case the Website finds, in its sole discretion, that the User violates any terms of this Agreement especially Clause 2, the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the Membership of such violators and/or blocking their use of the Website and/or Service.

  • 3.2. The Website shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

  • 3.3. In order to ensure a safe and effective experience for all the Users, the Website reserves the right to limit the amount of data (including profile/resume views) that may be accessed by them in any given time period. These limits may be amended in the Website's sole discretion from time to time.

  • 3.4. The website shall also be entitled to modify/edit/reject any content/project or service listings, if the same is found to be improper/irrelevant to the nature of business conducted by the website. The decision shall be at the sole discretion of The Website.

4. REGISTRATION / PASSWORD AND NEWSLETTER

As a Member, you will be responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Website of any unauthorized use of your registration or password.

To contact you we may email you with essential service-related announcements from time to time.

Newsletter: While registering on the site you automatically subscribe to our newsletters and agree to receive the various notifications and newsletters from time to time. You may subscribe and unsubscribe on your my account tab. You may also unsubscribe by link in each newsletter.

Notwithstanding anything contained in clause 4 of this Agreement, the Website may at its sole discretion, post the details of the member, for any of its promotion scheme.

5.PAYMENTS, REFUNDS AND DISPLAY

  • 5.1 The Website offers no guarantee or warranties that there would be a satisfactory response or any response at all once the profile is put on display.

  • 5.2 The payment, if any, for service once subscribed to by the subscriber is not refundable.

  • 5.3 Work providers of the projects pay for projects directly to the Service Provider. The website will not be a party to any agreements for projects delivered or services rendered. The Website facilitates only the connectivity between the parties and is not an employment service. It does not serve as an employer of any User. As such, The Website will not be liable for any tax or withholding, deductions, non payment for services provided or any such monetary transactions between the Work provider and the Service Provider.

  • 5.4 The Website neither guarantees nor offers any warranty about the credentials of the prospective employer/organization which downloads the information and uses it to contact the prospective employee / visitor / user / subscriber.

  • 5.5 The Website reserves the right to edit/delete any content on the website that it finds misleading/objectionable. It also will be held harmless for any loss of content of video profiles if the content was found to be objectionable by any viewer or bots on the internet.

  • 5.6 The Website would not be held liable for loss of any data technical or otherwise, and particulars supplied by subscribers due to reasons beyond its control like corruption of data or loss of communication network, systemic failure, delay or failure to perform as a result of any causes or conditions that are beyond the Websites reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

  • 5.7 It shall be the sole responsibility of the individual to check the authenticity of all or any response received pursuant to the profile being displayed by the Website for going out of station or in station for any job / interview and the Website assumes no responsibility in respect thereof.

  • 5.8 The Website reserves its right to reject any insertion or information/data provided by the subscriber, without assigning any reason either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid for, shall be refunded to the subscriber on a pro-rata basis at the sole discretion of the Website.

  • 5.9 The Website will commence providing services only upon receipt of amount/charges upfront either from subscriber or from a third party on behalf of the subscriber.

  • 5.10 This subscription is not transferable i.e. it is for the same person throughout the period of subscription.

  • 5.11 The Website has the right to make all such modifications/editing of profile/postings in order to fit the profile/project postings/any other information in its database and/or data formats.

  • 5.12 The liability, if any, of the Website is limited to the extent of the amount paid by the subscriber.

  • 5.13 The subscriber shall be assigned password (s) by the Website to enable the subscriber to access all the information received through its Website, but the sole responsibility of the safe custody of the password shall be that of the subscriber and the Website shall not be responsible for data loss/theft or data/corruption or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. The Website undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.

6. REGISTRATION PROCESS

The Member to be entitled to avail the Services shall have to complete the registration process ("Registration Process") as provided below:

  • 6.1 For Service Providers (Businesses/Individuals)

    • a. The Registration Process may involve only simple registration or may involve a detailed profile creation depending on the need of the Service Provider.

    • b. Registration is mandatory for Service Providers and requires them to provide certain basic information about them such as name, industry, contact details and accordingly create an Account

    • c. Registration entitles the Service Providers to avail Services as provided in clause 1.2 of this Agreement.

    • d. After registration, the Service Provider might be needed to fill in the details in the complete profile.

    • e. The Service provider understands and agrees that the Website will screen and verify the information provided by the Service Provider in the profile and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient. After the screening and verification of the information provided by the Service Provider, the Website may allow the Service Provider apply for listings of projects / assignments.

    • f. The Website at its sole discretion may disallow/prevent a Service Provider from applying for projects/assignments posted on the website if information provided by the service provider is incomplete/misleading.

    • g. The process of registration and the information sought in the profile can be altered / modified / changed at the sole discretion of the Website.

  • 6.2 For Work Providers

    The Registration Process may involve only simple registration. Simple registration is mandatory for the Work Provider and requires the Work Provider to provide certain basic information about itself such as company name, name of the authorised person and industry description and accordingly create an Account. Simple registration entitles the Work Providers to avail Services as provided in clause 1.3 of this Agreement.

    • a. After the simple registration is completed, the Work Provider is required to fill listings of projects/assignments any time within the term of this Agreement by providing detailed information as requested in the Account for screening and verification and after such screening and verification the Work provider's listings of projects/assignments will be listed.

    • b. The Work Provider understands and agrees that the Website may screen and verify the information provided by the Work Provider and at its sole discretion, increase the amount or number of information for the Registration Process and may ask for further information even after Registration Process. The Website may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.

    • c. Notwithstanding anything contained in clause 6.2 of this Agreement, the Website may at its sole discretion, post the details of the Work Provider, for any of its promotion scheme.

7. MEMBERSHIP

If an user wishes to use the website’s service to initiate communication with other members and use certain other elements of the service, the user would have to become a member and pay the fees that are listed on the pricing page of the website. This pricing is part of this agreement and The Website reserves the right, at any time, to change any fees or charges for using the Service.

To become a paid member, the user must register for the service. When an user registers to become a member, the user agrees to provide accurate, current and complete information as listed in the registration form and subsequently on the Profile page, and to maintain and update the information to keep it accurate, current and complete. The user agrees that the Website may rely on the Profile information as accurate, current and complete. The user also acknowledges that if the Profile information is untrue, inaccurate, not current or incomplete in any respect, the website at its discretion can terminate this agreement deactivate the users account and, in such event, the user shall not be entitled to a refund of any unused membership fees.

Although we aim to verify the accuracy of the information provided by our members, The Website does not verify information in profiles, and does not have control over, does not guarantee, and is not responsible for the quality, truth, accuracy, legality or safety of our members.

8. DOMAINS

  • 8.1 When a member enters into this Agreement, FVPL will provide the member with a domain for his/her #FlexiFolio account, which belongs to the member for the duration of use of the Services.
  • 8.2 If a member holds a domain and wishes to use it in connection to the Services, FVPL will use reasonable efforts to assist the member in using that domain.
  • 8.3 Should the applicable fees not be paid by the member in time, the domain will be deregistered. FVPL is not responsible for any third party take over of the domain following deregistration.
  • 8.4 If or when the member’s use of the Services is terminated FVPL will provide the member with a transfer key, if requested by the member in writing, to enable transfer of the members domain to a new host. Transfer must be initiated at least 45 days before termination of Services.
  • 8.5 Should a member’s domain upon deregistration be put in quarantine by the host and the member wishes to reclaim it, FVPL has the right to charge the member for its assistance in the matter.
  • 8.6 FVPL will not in any event be liable to any member or any other party for failure to transfer of the member’s domain, lost renewal etc.

9. TERMS RELATED TO PAID / PREMIUM MEMBERSHIP

A registered member can choose from different membership options. It is the sole discretion of the member on which membership it selects.

No refund will be given for unused portions of your subscription period. The member hereby agrees that subscription privileges are non-refundable in the event that the member chooses to suspend or cancel his/her membership. Furthermore, no refund will be made in the event of termination of the membership due to a violation of the Terms and Conditions of Service as outlined in the agreement.

By submitting this sign up for a paid membership, the member hereby acknowledges, agrees and authorizes The Website to renew the members subscription, automatically, every month / year, at the renewal rate that applies to the membership plan chosen by member, until such time as the member instructs The Website to stop the renewals.

Renewals can be stopped by logging in as a member and clicking on “Discontinue Premium Membership” in the member dashboard.

There is limit of usage per subscription either for posting projects, applying to projects, posting services, uploading files and other such features indicated in the membership plan on the Pricing page. The Website has the right to change to change this at any time.

10. VERIFICATION

The website does check the existence of the registered members, through phone calls and other means whenever necessary. However, umembers are requested to exercise caution to protect your personal safety and property, just as you would when interacting with other persons whom you don't know.
NEITHER THE WEBSITE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE WEBSITE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

11. MODIFICATION OF TERMS OF USE

You understand and agree that these Terms of Use, the Website and the Services can be modified by the Website at its sole discretion, at any time without prior notice, and shall be immediately effective. You agree to review the Terms of Use periodically so that You are aware of any such modifications and the Website shall not be liable for any loss suffered by You on Your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after Your initial access of Website or use of the Service shall be subject to these Terms of Use.

12. DELAYS IN SERVICES

Neither FVPL (including its owner and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other causes beyond its control or like causes. FVPL shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.

13. TERM AND TERMINATION

  • 13.1 These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website for all Users.

  • 13.2 For Members, the Terms of Use shall commence from the time the Registration Process is concluded as per Clause 6 of this Agreement and shall be valid till such time the account is not deleted by such Member from such commencement, unless terminated earlier as per Clause 12.3 or renewed as per Clause 10 of this Agreement.

  • 13.3 These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website for all Users.

    • a. on completion of the term for which the User has engaged the Services; or

    • b. if in the opinion of the Website, the User has breached any of the terms and conditions of this Agreement or/and the Terms of Use; or

    • c. if, in the opinion of the Website or/and any regulatory authority, it is not in the public interest to continue providing the use or Service to the User for any reason; or

    • d. If the User is declared a bankrupt and/or proceedings for winding up has been initiated; or

    • e. by the Parties by mutual written agreement.

  • 13.4 Notwithstanding anything contained in the Terms of Use, Clauses 3, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 shall survive any termination or expiration of these Terms of Use

14. OWNERSHIP

Except for the content submitted by the Members or the Users, any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. 

You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

15. COPYRIGHT DISPUTE POLICY.

  • 15.1 The Website has adopted the following general policy towards copyright infringement. The contact details of the Website's designated agent to receive notification of claimed infringement ("Designated Agent") is provided at the bottom of this section.

    Website's Policy

    • i. It is the Website's policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of the Website's advertisers, affiliates, content providers, Members or Users; and remove and discontinue Services to repeat offenders.

    • ii. Procedure for reporting purported copyright infringements: If You believe that Your copyrighted material or content is posted, uploaded or made accessible through the Website or Services, please inform the Designated Agent of such material or content and provide us with the following information ("Bona Fide Infringement Notification")

      • a. Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;

      • b. Details of works or materials that You believe are being infringed;

      • c. Identification of the material or content on the Website that is claimed to be infringing Your copyrighted works including information regarding the location of such materials with sufficient detail to enable the Website to find and verify such materials;

      • d. Your contact information including address, telephone number and, if available, email address;

      • e. A statement by You that You have a bona fide belief that the publication or uploading of the copyrighted material has not been authorised by either by
      • (a) the copyright owner; (b) his authorised agent, or (c) the law; and

      • f. A statement by You setting out either that You are the owner of the copyrighted work or have been authorised by the owner to communicate with the Website with regard to the use, publication, uploading of the copyrighted work on the Website.

    • iii. Designated Agent: By mail: support@theflexiport.com

    • iv. Upon Receipt of a Bona Fide Infringement Notification. Once the Website has received a Bona Fide Infringement Notification, the Website shall have the right to, at its sole discretion,

      • a. remove or disable access to the material claimed to having breached the notifier's copyrighted works; and

      • b. to notify the Content provider, Member or User that it has removed or disabled access to the material;

    • v. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the followinginformation to the Designated Agent listed below:

      • a. A physical or electronic signature of the content provider, Member or User;

      • b. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;

      • c. A statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

      • d. The provider's, Member's or User's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Mumbai.

      • e. Removal: If a counter-notice is received by the Designated Agent, the Website may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless a court of competent jurisdiction gives direction against removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Website, after receipt of the counter-notice.

  • 15.2 It is clarified that the role of the Website is to facilitate consultation between the Service Provider and the Work Provider and it shall not take responsibility or be liable for any copyright infringement.

16. LINKS TO THIRD PARTY SITES

The links in this site or third parties may provide, links to other World Wide Web or other online electronic sites or resources / services. You acknowledge that the Website has no control over such sites and resources / services. You acknowledge and agree that the Website is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other Material / Services on or available from such sites or resources / services. You further acknowledge and agree that the Website / FVPL shall not be responsible or liable, in any manner whatsoever, for any payments, damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If You enter into correspondence or engage in commercial transactions with third parties in connection with Your use of the Services, such activity would be solely between You and the third party. The Website shall have no liability, obligation or responsibility for any such activity.

17. LIMITATION ON LIABILITY

The Website shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Website's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "linenoise" interference). Without limiting the foregoing, the website and its affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including,but not limited to loss of profits, business interruption, and/or lossof information or data. Notwithstanding anything to the contrary contained herein, the website's maximum aggregate liability to youfor any causes whatsoever, and regardless of the form of action,will at all times be limited to the amount paid, if any, by you to thewebsite for the services in the 12 months immediately prior to theaction giving rise to liability.

18. INDEMNIFICATION

You shall indemnify, defend and hold harmless the Website / FVPL and its Associated Entities from any and all actions criminal or civil in nature, claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of the Website (b) any non-compliance by you with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized (d) or any other reason, whatsoever.

19. RIGHT TO REFUSE

The Website reserves the right in its sole discretion to refuse service at any time. Sale of any services is subject to availability.

20. CONFLICTING TERMS

The terms of use constitute the entire agreement between you and FVPL and govern your use of the Website, superseding any prior understandings and agreements between you and us and any previous statements or representations irrespective of whether such documents is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of FVPL.

21. PRIVACY

Use of the Website and/or the Services is also governed by the Website's Privacy Policy.

22. JURISDICTION

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of the Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

23. CONFIDENTIALITY

  • 23.1 For the purpose of this Agreement and attachments thereto and all renewals, "Confidential Information" means all financial, commercial, technical, operational, staff, management and other information, methods developed for analysis, verification and recruitment, data and know-how relating to the Website or to a party (the "Disclosing Party" either the Service Provider or the Work Provider) or, which may be supplied to or may otherwise come into the possession of the other (the "Receiving Party", herein the User), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party to be confidential and is not generally available to the public.

  • 23.2 The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party.

  • 23.3 Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Website, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

  • 23.4 All information and data submitted by the User shall become the property of the Website and all such information shall be disclosed in accordance with the Terms of Use.

  • 23.5 The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.

  • 23.6 All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Website shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.

  • 23.7 If the User is an unintended recipient, even if registered as a Service Provider or a Work Provider and is using or accessing the Website to gain Confidential Information and if such an User has obtained access to the Confidential Information, it shall be a breach of this Agreement.

    Such unintended recipient shall be under strict obligation to keep the Confidential Information so acquired absolutely confidential. The Website in such an event, be entitled to inquire and investigate and seek legal remedy against such unintended recipient including to seek temporary and permanent injunction.

24. MISCELLANEOUS

  • 24.1 Governing law and Dispute Resolution- This Agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

  • 24.2 Assignability-The Website may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, You shall not assign, sub-licence or otherwise transfer any of Your rights under these Terms of Use to any other party, unless a written consent is taken from the Website.

  • 24.3 Severability- If any provision of these Terms of Use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

  • 24.4 Waiver- Failure by the Website to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

  • 24.5 Force Majeure- The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

  • 24.6 Interpretation In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.


    These "Terms of Use" and "Privacy Policy" of the Website constitute a binding agreement between You and the Website, and is accepted by You upon Your use of the Website.



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