Terms & Condition -

TERMS OF USE OF WEBSITE

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY

 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING INTER ALIA THE TERMS AND CONDTIONS AND PRIVACY POLICY FOR ACCESS OR USAGE OF FELICITY FAMILLE OFFICES PVT LTD’S WEBSITE AND THE SERVICES RENDERED THEREUNDER (the “Website” or “Site”).

 

These terms of use, together with the documents referred to in them, govern your use of the Website and its related sites, services, applications, and tools (the “Services”). By using the Website and the Services, you confirm that you accept these Terms of Use and that you agree to abide by them.

 

USING FFO’S SERVICES

 

These are the terms and conditions governing your use of the Website (hereinafter referred to as “Terms of Use” or “Agreeable Terms of Use” or “ATU”). This document is a legally binding agreement between you as the “User” (hereinafter referred to as “you”, “your”, “Client” or “User”, as the context may require) and us as “Felicity Famille Offices Pvt Ltd” (hereinafter referred to as “we”, “our” or “FFO”).

 

Before you use or subscribe to, enlisted on and/or begin participating in or using the Site, it is represented and warranted that you as a User(s) has or have fully read, understood and accept the ATU, which may be updated by us from time to time without notice to you. If you do not agree to or wish to be bound by ATU, you may not access to or otherwise use the Site or the Services.

 

You can review the most current version of the ATU at any time at: [please insert link here]. This ATU is effective from the time you log in/ access as User or member to the Site and concurrently you have also accepted to the Privacy Policy.

 

WHO IS A USER

 

  • A User can be any individual or any legal entity that operates in India or in other countries but shall always be persons who are competent to enter into a contract in accordance with the relevant provisions of Indian Contract Act, 1872. Hence, a minor (i.e., below the age of 18 years) shall not be entitled to use the Site in any manner whatsoever.

 

  • A User shall become a Registered User or Member of our Site by registering as a Consultant, a Consultant Firm or a Client as prompted in the Site’s relevant registration form (such information being the “registration data”) whereby you will receive a password and account designation upon completing the registration process.

 

  • Access to and use of password protected and/or secure areas of the Site is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

TERMS APPLICABLE TO CLIENTS

 

The paragraphs set out hereinbelow specifically contain certain additional terms and conditions, which are applicable to any person registering as a Client and using the Services of FFO through the Website from which the Services are being accessed by the User.

 

Registering as a Client

 

In order to avail the Services, you will need to register with us by filling the Sign-Up form. You will be asked to provide certain information about yourself including your entity name, contact details, entity incorporation details, financial status, details of business operation and related information. As a Client, you warrant that the information provided by you is correct, complete and not misleading. Client should inform Us promptly of any changes to the information provided by you, by updating the details, for effective communication.

 

Passwords and Security

 

If you register to use the Services, you will be given a username and password. You must keep your ID confidential and must not disclose it or share it with anyone. You are responsible for preventing unauthorised use of your ID. If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.

 

Your Registration Obligations

 

  • In consideration of your use of the Website, you agree to:

 

  1. provide true, accurate, current and complete information about yourself in the registration data.

 

  1. maintain and promptly update the registration data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or where FFO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FFO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our Users. 

 

  1. the responsibility of maintaining the confidentiality of the password and account and take fully responsibility for all activities that occur under your password or account.

 

  1. immediately notify FFO of any unauthorised use of your password or account or any other breach of security, and

 

  1. ensure that you exit from your account at the end of each session. FFO cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

 

  • You agree to not use the Site to:

 

  • upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
  • harm minors in any way;
  • impersonate, or falsely state or otherwise misrepresent your affiliation with, any person or entity, including, but not limited to, a FFO official, or an official of its consultant;
  • forge headers or otherwise manipulate identifying information in order to disguise and/or with the effect of disguising the origin of any content transmitted through the Site / Service;
  • upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges or to utilize the service on an AS IS basis as provided by us;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;
  • commit any fraudulent or unlawful act, whether in relation to any third-party provider of products and services on the Service or otherwise;
  • (i) use any product or service available on the Site/Services for commercial purposes of any kind, or (ii) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Site and / or Services in any way that is unlawful, or harms FFO or any other person or entity.
  • Collect or store personal data about any other Users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (l) above.


  • You acknowledge and agree that FFO may preserve content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

 

    1. comply with legal process;
    2. enforce the ATU;
    3. respond to claims that any content violates the rights of third-parties;
    4. respond to your requests for Client service; or
  • protect the rights, property, or personal safety of FFO, its Users and the public.


  • You understand that the technical processing and transmission of the service, including your content, may involve:

 

    1. transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.


  • Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.

 

 

  • Privacy Policy and Use of Content

 

  • You may access FFO’s Privacy Policy from the Website. By accessing the Website, you agree to these Terms of Use and consent to FFO’s Privacy Policy.

 

  • You also consent to FFO using the data collected from you for marketing and analytical purposes, and to FFO emailing you or using an auto dialer or pre-recorded voice to text or call you at the number you provide with marketing or other offers.


  • Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.


  • You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Website.


  • You will comply with all applicable laws in accessing and using this Website.

 

 

 

 

  • Disclaimers

 

Whilst we endeavour to ensure that the information available on the Site is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), FFO permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply. Although we aim to offer you the best service possible, we make no promise that Services will meet your requirements. We cannot guarantee that Website will be fault free or continuously available. Your access to the Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.

 

All press releases and other materials presented or released to Clients that are contained on the Site were, to the best of FFO’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. FFO has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained on the Site.

 

ALL SERVICES ON FFO SITE, OR A LINKED SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  FFO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  FFO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.    FFO WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, FFO’S CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING SERVICES. FFO WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FFO SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE FFO SITE OR A LINKED SITE, EVEN IF FFO IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

 

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. 

 

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES, OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN FFO NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES, AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES, AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

 

THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS OF USE SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN FFO NETWORK AND TO OUR, AND THEIR, RESPECTIVE PERSONNEL.

 

THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS OF USE ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE.

 

  • Indemnity


  • You hereby indemnify, defend, and hold FFO, FFO’s distributors, agents, representatives and other authorized Users, and each of the foregoing entities’ respective resellers, distributors, consultants and sellers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Site.


  • You expressly understand that under no circumstances, including, but not limited to, negligence, shall FFO be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Site; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site and / or Services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site.


  • Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which can’t be excluded or limited under applicable law. Your statutory rights as a consumer is not affected by these Terms and Conditions.


  • Force Majeure

 

FFO or any of the foregoing entities’ respective resellers, distributors, consultants and sellers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, 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 the reasonable control of the company or any of the foregoing entities’ respective resellers, distributors, consultants and sellers. You further acknowledge and agree that neither the company nor any of the foregoing entities’ respective resellers, distributors, consultants and sellers are responsible or liable for (a) any incompatibility between the Site and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Site in an accurate or timely manner.

 

  • Termination of Services

 

We may suspend or cancel your registration and/ or terminate your access to the Site  if you are in breach of these Terms of Use. You may cancel your registration at any time by informing us in writing. If you do so you must stop using the Services. The suspension, cancellation or termination of your registration and your right to use the Services shall not affect either party’s statutory right or liabilities.

 

  • Intellectual Property

 

Unless otherwise stated, the copyright, database right and other intellectual property rights in the Site  (including without limitation all content, materials and technology used or appearing or transmitted through it), unless otherwise agreed to, belongs to us or our licensors. All rights are reserved.

 

This Website and its contents are protected by copyright, trademark, and other laws of India and/or foreign countries. We and our licensors reserve all rights not expressly granted in these Terms of Use.

 

“FFO”, the FFO logo, and local language variants of the foregoing trademarks, and certain product names that appear on this Website (collectively, the “FFO Marks”), are trademarks or registered trademarks of Felicity Famille Offices Private Ltd. Except as expressly provided in these Terms of Use or as expressly authorized in writing by the relevant trademark owner, you shall not use any FFO Marks either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

 

References to other parties trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

 

  • General

 

All notices shall be given to us via email, or to you at either the email or postal address you provide. We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

 

If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

 

  • Applicable Law

 

These Terms and Conditions will be subject to the laws of India and the courts of Chennai, India shall have jurisdiction to resolve any disputes between us.