i) The domain name www.flarrio.com (“Website”), is owned and operated by Flarrio Technologies Pvt. Ltd. (“Company”/ “Us”/ “Our”) a private limited company incorporated in India under Companies Act, 2013, and having its current office at Rectangle 1, Regus, D4, District Center, Saket, New Delhi – 110017.
iii) User ( You/Your ) is any legal person or entity showcasing products & service, submitting views & opinion, comments, reviews products & services, uses services or information provided by www.Flarrio.com (the website) and the content, add- on features, services we provide collectively with the website.
v) ‘Party’ & ‘Parties’ denotes User and the Company individually and collectively as per the context.
vii) Comprehensive set headings below in this Term of Use policy are for the purpose of easy explanation to users and headings as such have no legal or contractual value.
3. Continuation of terms
Terms shall continue to form a valid binding with full force between parties until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties, whichever is longer.
The Parties agree that certain portions of these Terms (“Sections”), such as Sections 11, 12, 13 & 15, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms.
We reserve the right, in our sole discretion, to unilaterally terminate the User’s access to services offered by the Website, or any portion thereof, at any time, without notice or cause. However, the User continues to be bound by these Terms as described in Section 3 above.
5. About the online platform
The Website is a platform for tech enthusiasts and thought leaders to share insights on the latest tech breakthroughs. The Website publishes articles, reviews/opinions on latest global technology products based both on secondary and primary research, product trial, and expert, product user feedback etc with an intention to build a community that evangelizes new technologies.
The use of this Website by the User, including browsing the Website and availing any services offered therein is free of cost. The User is only required to pay for any services purchased by the User from the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
Definition: Under this User Agreement, “Content” includes (but is not limited to) information, data, text, photographs, videos, audio clips, comments, software, scripts, written posts, articles, graphics, and interactive features that may be generated/provided/made available on the Services. “Content” also includes (but is not limited to) User Content.
User Content: User takes the sole responsibility of all content that such user adds, creates, uploads, submits, distributes, or posts to the Services (whether publicly posted or privately transmitted). You submit that all User Content provided by you is accurate, complete, up-to-date, and according to all applicable laws, rules and regulations. You understand and acknowledge that all Content accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. There is no guarantee from Us to the effect that the content accessed by you on or through the Services is or will (at all times) be accurate and precise.
Notices and Restrictions: The content may be provided by Us, our partners and our Users. Such content is protected under the Intellectual Property Laws of India such as copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. It your duty to abide by as well as maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License: Under this User agreement, each user is granted a worldwide, non- sub licensable, non-exclusive & non-transferable license to use (i.e., to download and display locally) Content, to the extent we hold such rights, solely for purposes of using the Services. You are prohibited from using, reproducing, modifying, distributing or storing any Content for any other purpose except of using the Services. You are also prohibited from selling, licensing, renting or otherwise using or exploiting any Content for commercial use or in any way that violates any third party right.
Grant of License: By virtue of submitting User Content through the Services, the User grants us a non-exclusive, royalty-free, worldwide, fully paid, sub-licensable and transferable license to edit, modify, truncate, reproduce, distribute, aggregate, produce derivative works from, fully exploit and use such User Content in any way that is connected with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. Through this license grant, we have the right to display, distribute, perform and otherwise use the user content in relation to the material provided by our sponsors. No remuneration shall be given to you for our use of the Content. The application of this license extends to your name, likeness, voice or photograph. You also grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, solely for personal use. This right shall still continue after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that not affected by any infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, you have all the rights to grant such licenses to us. You may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the User Content, unless prior agreement is made to do so between you and the company/website in writing.
Availability of the content: There is no guarantee from our side that any Content will be made available on the Site or through the Services. We are under no obligation to, but yet reserve the right to (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.
Third Party Affiliates: We engage in affiliate marketing. This means that we may allow affiliate links to be encoded on some of our pages. In addition to this we may also earn a commission if you click any such link or make purchases via affiliate links.
9. User Obligations
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of Flarrio. For it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 10 herein below. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of Flarrio.
d) Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which areconnected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/ service provider of the Company/ Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/ messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
The User hereby expressly authorises the Company/ Website to disclose any and all information relating to the User in the possession of the Company/ Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/ Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
10. Suspension of user access and activity
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach of any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
11. Indemnity and limitations
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
a. which users gain access to the Services;
b. what Content you access via the Services; or
c. how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
12. Intellectual property rights
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of Flarrio Technologies Private Limited. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
13. Disclaimer of warranties and liabilities
a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
b) The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
c) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
d) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
e) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
g) The reviews and opinions made about companies (products) on the website are purely neutral. The purpose of such reviews and opinions is only to evangelise the space rather than promote or criticise the products.
h) The company shall not be liable in any way for the reviews and opinions about companies (products) on the website at any stage as such reviews and opinions are made only to evangelise the space rather than promote or criticise the products.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license to Flarrio to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
15. Dispute resolution and jurisdiction
In case of any concern please contact at ( www.flarrio.com/contact).
Step 1 – Mediation – Resolve the dispute amicably amongst themselves in a way that satisfies parties involved within forty-five (45) days.
Step 2 – Arbitration. Should mediation fail to arrive at an amicable solution, the dispute be referred to arbitration by a sole arbitrator to be appointed by the Company( Flarrio Technologies Private Limited) , and award passed by such sole arbitrator will be valid and binding on parties. Arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi in the state of Delhi, India.
Any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to Flarrio Technologies Private Limited by the User reducing the same to writing, and sending the same to the current office of the Company (Flarrio Technologies Pvt Ltd, Rectangle 1, Regus, D4, District Center, Saket, New Delhi – 110017) by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)
17. Miscellaneous provisions
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, 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 breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.