TERMS OF USE
Welcome to From The Experts’ Mouth (FTEM) platform!
1. GENERAL
FTEM is a platform that allows its users to discover and view write ups, videos, audios, images, video summaries, academic and professional interviews, infographics, quizzes, workshops, seminars, webinars, learning programs and other content provided (hereinafter referred to as “Services”). The Services can be availed through our website fromtheexpertsmouth.com and various related social media (including but not limited to Facebook, LinkedIn, Instagram, Pinterest, etc.) and other online channels (including but not limited to YouTube, Discord, Blogger, WordPress, etc.) (hereinafter referred to as “FTEM”, “Platform”) and are subject to the terms and conditions provided herein. By accessing and using FTEM Platform (or clicking on “I Agree”), irrespective of completion of registration formalities, required under this document, you agree to have read these conditions carefully and to be bound by them. Crispy Maheshwari is the owner and controller of FTEM Platform, as stated above, and the terms set forth below shall form a binding legal contract between you and the owner.
The Terms of Use and Privacy Policy is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. Indian Contract Act, 1872,
ii. Indian Information Technology Act, 2000, and
iii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
Reference to “ you/user ” in this Terms of Use (“Terms”) refers to the persons browsing/using FTEM Platform, whether, or not you access/avail the products or services available on FTEM Platform or consummate a transaction on FTEM Platform.
The term “us”, “we” or “FTEM” shall mean Crispy Maheshwari (and her team) responsible for the operation and management of the FTEM Platform;
If you do not agree with these Terms, please do not proceed further or use or access the FTEM Platform. You have the right to opt-out of agreeing to these terms, and therefore also using the FTEM Platform. If you do not agree with any of the Terms stated herein or do not wish to be bound by the same, you are at liberty to refrain from using the FTEM Platform and its Services.
However, please note that your use of the FTEM Platform would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof. As, long as you comply with these Terms, FTEM grants a personal, non-exclusive, non-transferable, limited license to use the FTEM Platform. The aforesaid license and/or use of the FTEM Platform can be revoked or refused, subject to the Owner’ s reasonable discretion.
2. ONLINE PLATFORM
You understand and agree that:
i. FTEM is a platform that allows its users to discover and view write ups, videos, audios, images, video summaries, academic and professional interviews, infographics, quizzes, worshops, seminars, webinars and other content and also to participate in learning programs provided under various heads on the FTEM Platform (hereinafter referred to as “services”).
ii. That FTEM is only a facilitator for providing services to its users on the FTEM Platform. Therefore, the users acknowledge and agree that FTEM is merely an intermediary and does not assume any liability or acquire any right, title or interest in the schemes and offers offered by the partners.
iii. That the FTEM Platform does not endorse any author, writer, artist, speaker, contributor of content, partner listed on the website. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any of the purported identity. We will not be responsible for any damage or harm resulting from your interactions with other members or users of the FTEM Platform or the content contributors, partners listed on the FTEM Platform.
iv. By using the Services of the FTEM Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from FTEM with respect to such actions or omissions.
v. By using the FTEM Platform, you are representing that (i) you are 18 years or age or older; (ii) you are capable of entering into a legally binding agreement; and (iii) you are not barred or otherwise legally prohibited from accessing FTEM or availing FTEM services under the Law, and (iv) You are using the Platform with parent(s)/guardian(s) permission and supervision, in case you are a minor.
vi. By using the FTEM Platform and availing FTEM Services, you signify your agreement to be bound by these Terms and the Privacy Policy.
3. SCOPE OF THE SERVICES & USE OF THE PLATFORM
i. The scope of services that can be availed by a user by accessing the FTEM platform is to view write ups, videos, audios, images, video summaries, academic and professional interviews, infographics, quizzes, worshops, seminars, webinars and other content and also to participate in learning programs provided under various heads on the FTEM Platform. The scope will also include additional content and information that is provided from time to time and other activities, engagement and training in formats that are not envisaged and covered by the above definition.
ii. While the Platform is available to you free of cost, FTEM may amend these Terms and impose a cost on the Platform in future, in full or in part. We don’t promise to but will try our best to give you a prior notice in this regard.
iii. You will use the Platform only for such purposes as is permitted by (a) this Agreement; and (b) any law, regulation or generally accepted practices or guidelines applicable.
4. FEEDBACK
You will be granted limited access to the FTEM Platform. While enjoying access to Services offered by the FTEM Platform, you agree not to download, or modify any portion of it but to inform FTEM of any issues you face while using the FTEM Platform and its features. Your feedback is valuable to FTEM. Any comments, reviews or feedback you post on the FTEM Platform shall be the property of the Owner(s) of the FTEM Platform.
5. LIMITATIONS ON USE
i. By using our Services, not to (a) modify, prepare derivative works of, or reverse engineer, our Services through data mining robots, or any other data gathering and extraction tools; (b) knowingly or negligently use our Services in a way that abuses or disrupts our network, user accounts, or the Services; (c) transmit through the Services any harassing, indecent, obscene, fraudulent, or unlawful material; (d) reproduce, copy, sell, market, resell, distribute or otherwise exploit the FTEM Platform and the Services offered by it including but not limited to contents, listings, descriptions, account information, etc. to any third party for your own benefit or for the benefit of a third party; (e) use the Services in violation of applicable laws, or regulations; (f) use the Services to send unauthorized advertising, or spam; (g) harvest, collect, or gather user data without their consent; or (h) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties.
ii. You understand that you are responsible for all electronic communications and content sent from your computer (or other computing device such as mobile phone, tablet, etc.) to us and you must not use FTEM for any activity that has been restricted or barred under the Information Technology Act, 2000 and the rules made thereunder, including but not limited to any fraudulent purposes, or in connection with a criminal offence or other unlawful activity or offensive or material that is sexually explicit content or which promotes racism, hatred or physical harm, misleading, abusive, indecent, harassing, defamatory, obscene, pornographic, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right belong to FTEM or any other third party.
iii. You shall strictly abide by the provisions of the Information Technology Act, 2000, as it may be amended from time to time or any rules and regulations made thereunder and shall not post any indecent review or comment which are illegal, obscene, abusive, threatening defamatory, invasive of privacy, infringing of IPR, or otherwise injurious to third parties.
iv. Use of the FTEM Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. We ensure that we use appropriate filters to make the Platform safe for children to use. Children of all ages may use the Platform if enabled by a parent or legal guardian. If the User is below eighteen (18) years, such Users are required to obtain parent or guardian’s permission to use the Platform. Parent(s)/guardian(s) are required to read this Privacy Policy and Terms of Use. If you are a parent or guardian of a minor, by allowing your child to use the Platform, you are subject to the terms of this Privacy Policy and responsible for your child’s activity on the Platform. We are not responsible or liable for any unauthorized transactions on the FTEM Platform carried out by unsupervised minors.
v. You are responsible and liable to us for all activities that take place or occur through and in your account. You agree that your ability to avail of FTEM Services is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages or consequences arising from your inability to avail our Services.
vi. The license granted hereunder may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Agreement. We will provide an intimation of such assignment to you, which will be binding on the parties to these Terms.
vi. For the removal of doubt, 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 within the content of the Website is not permitted.
6. REGISTERING WITH THE FTEM PLATFORM
i. To avail our services, the User can access the Platform and may provide preferences to view the contents of the Platform.
ii. In order to avail additional features such as community participation, enrolling in learning programs, subscribing to our platform, saving usage/viewing preferences, you may be required to create an FTEM Account and / or subscribe to our services and / or provide your details. You agree to provide the following details on a need to know basis:
a. Full name, age, gender, profession and areas of interests ;
b. Contact information such as your Valid email address, phone number, social media details and any additional contact details; and
c. Demographic data, such as Your location, time zone and postal address..
iii. The information gathered from you is collected, stored and processed according to our Privacy Policy .
iv. While completing the registration process, you will be provided with a confirmation email (commonly referred to as Double Opt-In) or One-Time Password (OTP) or any other piece of information as part of our security procedures. Kindly treat such information as confidential, and do not disclose it to any third party. In the event you disclose such information to a third party, FTEM shall not be responsible for any loss or damage that may occur. You agree to immediately notify us of any unauthorized use of your password, by sending details of the same to: admin@fromtheexpertsmouth.com.
7. UNAUTHORISED ACCESS TO ACCOUNTS
You must keep your user details secure and must not share them with anyone else. You must notify us immediately if any unauthorized use, or suspected unauthorized use, of your account occurs or if any other breach of security occurs.
8. INTELLECTUAL PROPERTY RIGHTS
i. Under these Terms, we own all the intellectual property rights and materials contained on the FTEM Platform. You are granted limited license only for purposes of viewing the material on FTEM platform and availing our Services.
ii. The logo, brand name, design and the contents displayed on our Platform are the intellectual property of the Owner(s) and the user is not allowed to use the logo or other proprietary, graphic or trade mark on the Platform without express written consent of the Owner(s). The Owner(s) owns all of the copyrights and database and intellectual property in relation to the Platform.
iii. The Owner(s) owns and retains all the intellectual property rights to the content made available to you through the Platform, whether explicitly registered or not. In some cases, the intellectual property may be owned by contributors and / or authors or any other third parties.
iv. The Platform and any underlying technology or software used in connection with the Platform may contain rights of the Owner(s) or its affiliates or authors / contributors or any third party. For use of any third party’s intellectual property, you may need to get permission directly from the owner of the intellectual property.
v. Any intellectual property which is not specifically mentioned to be owned by “us” is owned by their respective owners and the owners have a right to take appropriate actions against you for any violation, infringement or passing off.
vi. We respect the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights by you.
vii. You may view and share content of our Platform on social media and other online / offline platforms, including but not limited to Facebook, WhatsApp, Instagram, e-mail or with other people, subject to the restrictions set out below and elsewhere in these terms and conditions.
viii. You must not:
a. sell, rent or sub-license material from the Platform;
b. reproduce, duplicate, copy or otherwise exploit material from our Platform without our explicit written permission;
c. edit or otherwise modify any material on the Platform for the purpose of disguising or changing any indications of the ownership or source of Content. You may not remove any watermarks, labels or other legal or proprietary notices included in any content.
d. Share or reproduce content, without explicitly attributing the source to FTEM
ix. The FTEM Platform does not infringe the intellectual property rights of any person and in case you come across any infringing IP, you shall immediately without delay report it to admin@fromtheexpertsmouth.com. You hereby fully understand and agree that your notice of such alleged infringement may be used in court proceedings before any forum in India or beyond that may arise out of or relating to the IP infringement which you have reported to us.
x. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If You have a reason to believe that any content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. identification of the copyrighted work claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. contact information, including address, telephone number and an email address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
We have the right to remove the content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
The notices can be sent to admin@fromtheexpertsmouth.com.
xi. All contributions to FTEM, including submission of content, articles, etc. must be the original work of the contributor and must not have been published online on any other platform. The contributor shall indemnify FTEM in case of any claim relating to plagiarism, copyright or unauthorized publishing of content submitted by the contributor.
9. THIRD PARTY RIGHT(s)
The user, during his/her usage of the Platform may have access to a link that directs to a third-party website. The user acknowledges that such third-party websites are not controlled by the Company and the usage of such websites may be governed by a different set of policy/terms. We may at our discretion disable such third-party links upon review and analysis of the same. We hereby disclaim all liability/claim(s) arising from the access or use of such third-party site.
10. AT YOUR RISK
You acknowledge and undertake that you are accessing the Services on the Platform and transacting at your own risk. We shall neither be liable nor responsible for any actions or inactions or breach of conditions, representations or warranties by the business partners of their products/services or any third parties and hereby expressly disclaim all responsibility or liability in that regard. We shall not be at liable to mediate or resolve any dispute or disagreement between you and business partners or any third parties on the Platform.
11. AGREE TO THIRD PARTY TERMS AND CONDITIONS
i. When you use the Platform, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider or availing FTEM services on an external platform such as YouTube, Facebook, etc. Your use of these third-party services may be subject to separate policies, terms of use, and fees of these third parties. You agree to read the separate terms of usage before using such services on the Platform and shall not assume that these Terms will also govern those services. You acknowledge that when you access a link that leaves our website, the site you will enter is not controlled by us, and different terms of use and privacy policies may apply. By accessing links to other websites, you acknowledge that we are not responsible for the content displayed on those websites. We reserve the right to disable links to and/or from third-party websites to the Services, although we are under no obligation to do so.
ii. You acknowledge that third party services are available on the FTEM platform. We may have formed partnerships or alliances with some of these third parties from time to time to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services, nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party services.
12. NO REPRESENTATION OR WARRANTY
i. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for any purpose of any content, including that contributed by external authors, business partners or any third parties (including product information and/or specifications) on the Platform. While we have taken precautions to avoid inaccuracies in content, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform.
ii. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content of the Services or delay or errors in functionality of the Services. As a result, we do not represent that the information (post or rating) posted is correct in every case.
iii. We expressly disclaim all liabilities that may arise because of any unauthorized use of information uploaded on the Platform.
iv. All content and services are provided for information purposes only and FTEM does not represent the same to be professional opinion or advice, even if the same has been authored by a professional. In order to avoid confusion, it is clarified that information provided by a Doctor on FTEM will not constitute medical advice and information provided by a Lawyer on FTEM will not constitute legal advice.
v. The content published by various authors and contributors on FTEM is their opinion and we do not represent that it is the opinion of FTEM and / or it’s Owner(s) and / or the employers or other organizations with whom the authors / contributors / owner(s) are related.
13. INDEMNITY
i. You hereby indemnify us to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
ii. You agree to defend, indemnify and hold harmless FTEM and its owner(s), subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to:
a) your use of and access to the Service including any data or content transmitted or received by you;
b) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
c) any violation of any third-party right;
d) your violation of any applicable law, rule or regulation;
e) any personal injury or property damage arising from or relating to your use of the service or any authorized or unauthorized use of your Device or Application; or
f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
g) any loss or harm or damages that may occur to you as a result of relying upon the information provided or as a result of the services provided by FTEM.
14. UPDATES AND CHANGE IN USAGE POLICY
i. We reserve the right to make changes to Terms and Privacy Policy of the Platform at any time without notifying you of the changes and you shall be liable to update yourself to such changes, if any, by accessing the changes on the Platform. The updated version of these Terms shall take effect immediately upon posting. You shall be responsible for regularly reviewing the terms and note the changes made by us on the Platform. Your continued usage of the Services, after any change is posted, constitutes your acceptance of the amended and updated Terms. You will be subject to the policies and conditions in force at the time of your usage of the Platform unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to such services availed by you). If any of these conditions is deemed invalid, void, or for any reason become unenforceable, then the respective condition will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining conditions.
ii. The Platform shall be updated from time to time and the applicable software/application store (such as web browser, Apple Store, Google Play Store, etc.) may provide notice to you regarding the availability of such upgrades or updates and automatically push such upgrade or update to your computer or mobile device from time-to-time, unless your device or its setting restricts such update/upgrade. You assume full responsibility to access complete and updated information and cannot hold the FTEM Platform for not providing the information.
15. USE OF COMPUTER, MOBILE DEVICE, INTERNET, ETC.
i. You shall be responsible for the use of the Services through your computer or mobile device and for bringing these Terms to the attention of all such persons accessing the services on your computer or mobile device. You understand and agree that the use of the Services do not include the provision of a computer or mobile device or other necessary equipment to access it. You also undertake and acknowledge that the use of the Services requires internet connectivity and telecommunication links and access to other third party platforms, the costs of which you shall bear to access and use our Services, and we shall not under any circumstances whatsoever, be responsible or liable for such costs.
ii. If the Services are accessed on a mobile device, it is hereby expressly disclaimed that the Company is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation Apple, Google Android or Blackberry (each being an “Operator”). Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator. You and we acknowledge that these Terms are concluded between you and us only, and in no manner involve any Operator.
iii. You must comply with any applicable third-party terms of agreement when using the Services (e.g. you must ensure that your use of the services is not in violation of your mobile device agreement or any wireless data service agreement or agreement with other platforms through which you are availing our Services).
iv. You and we acknowledge and agree that the relevant operator and its subsidiaries are third party beneficiaries of their Terms, and that, upon your acceptance of these Terms, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
16. PROMOTIONAL SMS’s AND OTHER COMMUNICATIONS
• You agree to receive promotional SMSs, messages and e-mails from us and our business partners and for this purpose we can use the contact information submitted by you on the Platform at the time of making an account on the Platform. In case you wish to opt out of receiving promotional SMSs, messages and e-mails, please unsubscribe.
• You also consent to our using your email address and / or mobile phone to send you service-related notices, including any notices required by law, in lieu of communication by postal mail.
• Reproduction, sale or trade of any schemes or offers or offer codes is prohibited.
17. TERMINATION
i. Your access to the Platform may be terminated if:
a. You voluntarily uninstall it from your device;
b. You knowingly or unknowingly cause direct or indirect breach, as ascertained by FTEM, of these Terms or Privacy Policy as a whole or in part; or
c. You do not pay the requisite fee, if any, should we charge for use of the Platform.
ii. We may have to terminate your access to the Platform if:
a. We are required to do so by law (for example, where the access to and/or provision of the Platform to you becomes, unlawful);
b. The third party, if any, with whom we offered the Platform has terminated its relationship with us or ceased to offer the related services to us or to you;
c. The provision of Platform to you, is no longer commercially viable or feasible for us; or
d. You are a repeat infringer of this Agreement.
iii. We may terminate this Agreement at any time, with or without notice and may procure disabling your access to the Platform and/or barring you from any future use of the Platform.
iv. You may terminate this Agreement at any time by terminating your access to the Platform. However, your certain obligations under this Agreement shall continue to prevail even on such termination.
v. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
18. WAIVER AND SEVERABILITY
You hereby expressly release FTEM and/or its owner(s), affiliates, its officers and representatives from any cost, damage, liability or other consequence of any actions/inactions of the contributors, service providers, partners and / or any other third parties and specifically waive any claims or demands that you may have in this behalf under any statue, contract or otherwise. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
19. ASSIGNMENT
We are allowed to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
20. ENTIRE AGREEMENT
These Terms and our Privacy Policy are the entire and exclusive agreement between the Owner(s) and You regarding the Services (excluding any services for which You have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Owner(s) and You regarding the Services.
21. REPORT TO CUSTOMER CARE
If you believe that any content on or advertised for sale on the FTEM Platform contains any objectionable content, please notify us immediately by copying the notice to FTEM and sending a signed copy via e-mail to admin@fromtheexpertsmouth.com.
Providing false, misleading or inaccurate information to FTEM may result in civil and/or criminal liability under the appropriate laws. You fully understand that your notice may be used in any court proceedings that may arise out of or relating to the objectionable content which you have complained about.
22. LIMITATION OF LIABILITY
i. The Owner(s), its officers, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors, shall not be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether FTEM has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Website / App or Website / App Services.
ii. FTEM ’s total cumulative liability arising from or relating to these terms and conditions shall not exceed the net fees FTEM has actually received and retained from your valid transactions during the six (6) months period immediately preceding the date of the claim.
23. DISCLAIMER
i. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of any third parties and business partners nor any breach of conditions, representations or warranties by third parties and business partners, and hereby expressly disclaim all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and any third parties.
ii. We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website or any Services provided by FTEM. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with us nor shall we have any obligations or liabilities in respect of any transactions on the website.
iii. The Platform and its Services are directed solely at those who access it from the Republic of India. We make no representation that any goods or services are available or otherwise for use outside the Republic of India. If you choose to access FTEM Platform or its Services from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
iv. You expressly represent and warrant that you will not use the platform if you do not understand, agree to become a party to, and abide by all the terms specified in this agreement. Any violation of this agreement may result in legal liability upon you. Nothing in this Agreement should be construed to confer any rights to any third party or any other person.
v. FTEM may be compensated for sales and leads generated through the use of affiliate links. However, there are no additional costs to the user for clicking on such affiliate links. Moreover, these links are for products or services or content that FTEM and / or the author believes in and has not been placed solely for the purpose of making money. The affiliate links are necessary to support the costs of running the FTEM platform.
24. FORCE MAJEURE
The Owner(s), employees, agents, partners, co-branders, licensors, licensee, consultants, or contractors, distributors and service providers shall be relieved of all responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures, or fluctuations, computer virus attacks, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between FTEM Platform and any other website, service, software, hardware; or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
25. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms will be governed by and interpreted in accordance with the laws of India.
For any dispute with us, you agree to first contact the Owner(s) and attempt to resolve the dispute with us. Each party will dedicate its best efforts to amicably settle any dispute, which may arise out of these Terms or Use of the Platform. The negotiation and amicable settlement shall commence immediately upon issue of notice. In the unlikely event that we have not been able to resolve a dispute after thirty (30) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms or Privacy Policy, or the breach or alleged breach thereof, or the Services, (collectively, “Claims”), by binding arbitration under the rules of the Indian Arbitration Act, 1996, by a sole arbitrator appointed by the Owner(s). The language of the arbitration shall be English. The venue of such arbitration shall be at Delhi, India and the award of the Arbitrator shall be binding on both the parties. Each party will be responsible for paying any Arbitration filing, administrative and arbitrator fees in accordance with rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.
Last Modified On 8th November 2020