This AGREEMENT is entered into as on Date (as defined below) by and between TECHINCEPT TECHNOLOGIES LLP (the “Company” or “we” or “us”) (which expression shall, unless repugnant to the context, be deemed to mean and include its successors, nominees and permitted assigns) and its associated softwares (like Flixmates), online websites & portals, Android and other operating products and the party identified above as the “User” (also referred to as “you”) (the “Master Agreement”).
By clicking on the "Accept" button, you agree to be bound by the terms of this Master Agreement. If you do not agree to the terms of this Master Agreement, you are not authorised to use this website / mobile application.
The User undertakes, warrants and represents NOT to:
Any such content may be deleted or removed by the Company without notice and the Company may cancel any registration or terminate the account on the Websites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs. Further, the user agrees to indemnify the Company for all losses incurred by the Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the user on the Websites of the Company.
The User/Visitor to the Websites does hereby specifically agree that he or she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any User Content, information or data into the computers, computer systems or computer network of the Company. The said User/Visitor to Websites does further unequivocally declare that in case he or she violates any provisions of the Information Technology Act, 2000, and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he or she shall be solely responsible for all the acts, deeds and things and any liability arising out of such acts, deeds and things or any other law for the time being in force.
The foregoing conditions and restrictions shall not be considered an exhaustive list of prohibited or restricted activities.
You guarantee, warrant, and certify that you are the sole and exclusive owner of the content which you submit on the Websites or are otherwise authorised to use such content and that such content does not infringe upon the property rights, intellectual property rights or other rights of others. You will solely be responsible for any content that you provide or upload when using the Websites, including any text, data, information, images, photographs, music, sound, video, ideas, concepts, or any other material which you may upload, transmit or store when making use of the Websites. However, with regard to the product customization Service, if any, you expressly agree that by uploading and posting content on to the Websites for public viewing and reproduction/use of your content by third party users, you accept and grant a non-exclusive license for the use of the same. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Company.
The User is solely responsible for maintaining confidentiality of the user password and identification and all activities and transmission performed by the User through the user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards or debit cards or such other forms of instruments or documents for making such transactions. Company shall not have any responsibility or liability for their improper use of information relating to such usage of credit cards or debit cards used by the subscriber online or off-line.
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account or information relating to or regarding online transactions using credit cards or debit cards or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Payments for the services offered by the Company shall be on fully (100 percent) advance basis. The Company normally follows a no-refund policy. Refund if any will be at the sole discretion of the Company. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User's bank account. The Company as a merchant shall not be liable for any loss or damage, arising directly or indirectly, out of decline of authorization for any Transaction on account of the cardholder having exceeded preset limit mutually agreed by the Company with its acquiring bank from time to time. Further, the Company gives no guarantees of server uptime or applications working properly. The Company shall act on a best effort basis and liability is limited to refund of amount only.
The Company undertakes no liability for free services.
User undertakes that Services offered by the Company shall not be used to indiscriminately and repeatedly upload, post, email, send, forward, transmit, or otherwise make available, unsolicited bulk or commercial emails or messages, whether directly or indirectly.
The Company shall endeavour to abide by the International Best Practices for eliminating Spam. The Company reserves the right to monitor, filter and block such emails or messages sent by any User using the Company's servers to relay such emails or messages. Any violation of this Section shall entitle the Company to terminate all Services to the User without notice and forfeit any amounts paid by him.
There may be circumstances where access to the Websites is provided by a hypertext link located at another web site. Company does not make any representations or give any warranties with respect to any information contained in or at these other sites and the Company shall not be liable for any damages or injury arising from the content of other sites. Company does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Websites. Unless explicitly approved by the Company in writing or otherwise, you agree not to: (a) provide or create a link to the Websites; and (b) create any frames at any other web sites pertaining to any of the Content located at the Websites.
Company, or third parties who have licensed their content to the Company or contributed to the Websites (“Content Owner”), own or license from third parties all Content including without limitation all course material, software, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, digital streams, data compilations, etc. All Content remains the sole property of the applicable Content Owner and is protected under relevant copyright, trademark and other applicable laws. Nothing on the Websites should be construed as granting any license or rights to use or distribute any Content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.
The trademarks, logos, and service marks, and other names, logos, and icons identifying the Company’s products and services (collectively, "Trademarks") displayed on the Websites, are registered and unregistered Trademarks of the Company, its affiliates, suppliers or others. Certain portions of the Websites may be identified as being the subject of a specific copyright held by an entity other than the Company and, as such, may not be copied without the permission of the holder of the copyright.
If you or the Company terminates your use of the Websites or any Service, for any reason whatsoever, Company may delete any Content or other materials relating to your use of the Websites and/or the Services and the Company will have no liability to you or any third party for doing so. You shall be liable to pay for any Services or Product that you have already ordered till the time of termination by either party.
In certain cases, in Company's sole discretion, Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Websites has been terminated including the right to use, access or create any account thereon; (ii) that Company refuses to provide any Services to such Restricted User; and (iii) any subsequent or pending orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the relevant Restriction Notice.
The information contained on the Websites and/or provided pursuant to the Services is provided on as "as is" and "as available" basis without any warranty or representation of any kind, either express or implied including but not limited to those of merchantability, fitness for a particular purpose and non-infringement, accuracy, authority, completeness, usefulness and timeliness. To the fullest extent permissible by applicable law, Company and each Company Service Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant or guarantee the accuracy, reliability or legality of any of the information on the Websites and/or provided pursuant to the Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Websites at any time. The subscription of a User shall be subject to quotas as applicable and may change without notice.
Without limiting the foregoing, neither Company nor any Company Service Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Websites and/or the Services, or the information, content, including digital content and User created content, and Content or products/services included thereon; (ii) that the operation will be uninterrupted or error-free or free of any virus, computer contaminant, worm or other harmful components ; (iii) as to the accuracy, reliability, or currency of any Content, information, content, including digital content and User created content, Services, or Products provided through the Websites and/or the Services; or (iv) that the Websites and/or the Services, its servers or e-mails sent from or on behalf of Company are free of viruses, scripts, trojan horses, worms or other harmful components.
The subscription agreement between the Company and Users is not a "non-poach agreement" and shall not be termed or used as an alternative to "non-poach agreement". The Websites are public websites and all information posted by the Company shall be in public domain, except such information or data which the User or the Company specifically assigns to be of a private character.
The agreement of Service entered into between the Users and the Company shall not confer exclusivity of service to any User.
The Company shall not be party to any legal proceedings between Users who connect through the Websites. In case the Company is implicated in any legal proceedings, the costs will be recovered from the party that names the Company. However, the Company will in all circumstances abide by any court order served on through due process of law
If any person, whether or not registered with the Company's Websites, receives a spam or virus including a link to the Websites maintained, operated or owned by the Company, the Company shall not be responsible or liable in connection with such spam or viruses.
The Company does not have or operate through any agents except for those specifically mentioned on the homepage of the Websites. Additionally, notwithstanding anything contained herein, the provision of Services by the Company through its mobile applications or Websites shall not be construed as acting as an agent on behalf of the User.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY COMPANY SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES AND/OR THE SERVICES, EVEN IF COMPANY OR ANY COMPANY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES. IN ANY EVENT, COMPANY’S LIABILITY SHALL BE CAPPED TO THE EXTENT OF THE FEES RECEIVED BY IT FROM THE USER.
The Company reserves its right to amend or alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms or disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
1. What is the personal information that we collect? 16
2. Why do we collect personal information? 18
3. How do we use your personal information? 19
4. With whom do we share your personal information? 19
5. How do we secure your personal information? 21
6. How do we respect your choices about your personal information? 22
7. Online Interactive Community and Community Users 22
8. Data Retention and Deletion/Closing of Account 22
9. Procedure to update Information/ Questions, comments and enforcement 23
10. General Terms 23
Personal information is information that can be used to identify, contact or locate you. Users will have to register online to access and use various features of the Websites including talent exchange, marketplace and social network. During registration, Users will have to provide information in the following categories: name, gender, city, date of birth, email address and mobile number. In addition to this, the Users may provide other categories of information, such as detailed information about their talent or recruitment/hiring opportunity.
If you do not want your personal information collected, please do not submit it - but then you might not be able to participate in our services or offerings. We categorise information about you (collectively referred to as "Personal Information") as follows:
Service Usage: Information about your navigation using our Services, for example the URLs of websites, which you visit and from which you request downloads.
Log Information: Information such as your email address, web request, IP address, mobile/tablet/computer device, browser type, browser language, date and time of request and time spent on any part of the platform, domains visited prior to and after visiting the Websites.
We do not intentionally collect any sensitive personal information via the Websites unless legally required to do so. Sensitive personal information includes password, financial and credit information such as bank account or credit card or debit card details, physical, physiological and mental health condition, sexual orientation, medical records and history, biometric information, deoxyribonucleic acid data, sexual preferences and practices, political affiliation, commission or alleged commission, of any offence, ethnicity, religion, race or caste, etc. The Company works to protect the confidentiality and security of such information it obtains in the course of business. Access to such information is limited and policies and procedures are in place designed to safeguard the information from loss, misuse and improper disclosure.
We collect your personal information in an effort to provide you with a safe, efficient, smooth and superior user experience and, as necessary, to administer our business. It allows us to provide you with easy access to our products and services, with a particular focus on the items and programs that may be of most interest to you. Importantly, we only collect personal information about you that we consider necessary for the following reasons:
We collect and store your service usage and transactional information to: (i) determine and verify the charges payable by you and to administer our relationship with you; (ii) comply with statutory or regulatory requirement; (iii) compile statistical and demographical profiles about you for our business and marketing activities and to customise our Services to you; and (iv) monitor your use of our Services for the purposes of ensuring compliance with our Terms of Service.
Any Personal Information which we collect and which we may use in an aggregated format ensuring you are not individually identified is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including (without limitation) the commercial sale thereof to third parties. Sometime we use “cookies” so that we can provide you with more customised information when you return to our website. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you send a “cookie”, giving you the chance to decide whether or not to accept it. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. You may update your Profiling Information at any time on the website.
For more information as to why we collect personal information, please see the section below entitled: "How do we use your personal information?"
Company uses your personal information to provide you with a safe, efficient, smooth and superior user experience through the Websites and, as necessary, to administer our business. We may combine the information you provide us online and physically. For example, we use your personal information to (without limitation): Provide for talent search, service provider matching services, and other products/ services and information, including the Websites and online interactive communities, content and software, and display associated content and advertising; Provide superior user experience by customising the platform according to your preferences; Conduct research by aggregating demographic data and related usage information, perform quality testing and analysis in order to measure, maintain, protect, develop and improve our services and for disclosure to third parties such as advertisers and partners; Administer sweepstakes, contests, promotions or surveys; Communicate with you about special offers, events, or new products or services that may be of interest to you; Customize and enhance our Websites and advertising; Make communications necessary to notify you regarding security, privacy, and administrative issues; Manage our business.
ANY INFORMATION POSTED IN THE PUBLIC AREAS OF THE WEBSITES MAY BE ACCESSED, USED, COPIED, OR STORED BY ANY PERSON OR USER AROUND THE WORLD. IF YOU DO NOT WISH ANY INFORMATION TO BECOME PUBLIC, PLEASE DO NOT POST OR IF ALREADY POSTED, DELETE OR REMOVE SUCH INFORMATION FROM THE PUBLIC AREAS OF THE WEBSITES.
We take significant, appropriate and all reasonable security measures, including physical, technological, administrative and procedural measures, to help to safeguard your personal information and to prevent unauthorized access and disclosure. In addition, we use industry-standard technology, such as firewalls and encryption in the transmission of certain sensitive personal information, designed to prevent unauthorized persons from gaining access to your personal information. To prevent any unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies.
We want you to feel confident whenever you visit us our Websites. While we are focused on the security of your personal information and follow strict standards, processes and procedures that are designed to protect your personal information, we cannot promise, and you should not expect, that your personal information will remain secure and private in all circumstances. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Website. You shall be responsible for protecting your account username and password and not share any confidential information through any means of communication that is not encrypted.
When you interact with the Company in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers (collectively "Promotional Communications") that may include advertisements from third parties. If, at any time, you wish to no longer receive promotional communications from the Company including the Websites, the Company member program and other verticals operated by the Company, please contact our Customer Care Centre at email@example.com.
Even if you opt-out of receiving promotional communications, you may continue to receive e-mails relating to order confirmations, back order notifications, membership information, and/or other business-related communications. Although the primary purpose of these emails is not to provide you with promotional material, they may contain within them some promotional material.
Further, the Company may also use your Contact information to send updates about the Websites, free informational newsletters, and notifications sent, including, but not limited to opportunities, tips and news. Certain notifications, update messages and newsletters are part of the Services provided by the Company and you may not be able to opt out of receiving them.
Some of our Websites may enable you to participate in public services and social networking such as discussion boards, chats, communities and live events. Please use discretion when posting personal information about yourself when using these services. Be aware that when you disclose personal information at these sites, such as your name, member name, photograph, e-mail address, etc., the information may be collected and used by others to send unsolicited e-mail.
Please be advised that the Company may archive information it collects on its community and visitors. Additionally, by participating in the Websites online interactive community, and using Websites' various interactive offerings, you agree to receive communications from the Company, other users, and moderators related to the provision of these services. The interactive services are open to the public, and what you post there can be seen by anyone and is not protected. Company cannot control the comments that you may receive while you participate in these services. You may find other people's comments to be offensive, harmful or inaccurate.
Save as aforesaid, your account information will generally be removed from our Websites within 72 hours and any logs or back-up information associated with your account shall be depersonalised or anonymised within 30 days. However, any information such as messages or group content that you may have shared with other Users or they may have copied may remain visible even after deletion or closing of account. Additionally, any information exported out of the Websites may not be accessible to you as it would be beyond the Company’s control.
For the purposes of security, debugging and site stability, we may retain the webserver logs for a period of 60 days.
You have the right to access, modify, rectify or delete your personal information or User Content. We maintain a procedure in order to help you confirm that your personally identifiable information remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners. You may also update your personally identifiable information by logging on the Websites and visiting your user account page. You may also contact us at firstname.lastname@example.org. We try to answer every email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your personally identifiable information.