TERMS AND CONDITIONS
Welcome to www.ftltechsys.com (“Website”). The Website is owned and hosted by FTL Technologies Pvt. Ltd. CIN:U72200KL2014PTC036656 a company registered under the Companies Act 1956/2013 having its registered office 2ndFloor 2nd floor, Adam Star Building , X/711/S4, Kalangat Road, Kakkanad, Cochin – 682030( “Company”, “Our”, “We” and “Us”).
This Terms & Conditions is provided in accordance with terms of Information Technology Act, 2000, this document is an electronic record, generated by a computer system and is published as mandated by provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011, it does not need digital signatures or authentication.
This Terms & Conditions governs your use of the Website and Services. You agree to the Terms & Conditions by (i) clicking on the “i agree” button or (ii) availing Services or (iii) accessing the website whichever comes earlier. Such action tantamount to your signature to this Terms & Conditions as a legally bound party and is enforceable like any other written and negotiated agreement signed by you.
Article I. SERVICES
The company endeavours to provide the services to You (“Services”) as mentioned in the website which includes, development of market places, price comparison engines, analytics suite etc. Please note that these will be customised as per the requirements and all the services are provided only on a best effort basis – we use all commercially reasonable and viable efforts to achieve reasonable accuracy
Section 1.01 Comparisons
The Company provides you the option to have price comparisons deployed through various modes of certain products available at third party e-commerce sites. We use all commercially reasonable efforts to achieve reasonable accuracy on the comparative pricing. However we do not warrant the accuracy of comparative pricing information regarding third party sites as it is always dynamic. We urge you to do the final check to your satisfaction before you engage us for providing the services. Additionally in the course of availing the services You are to take note of the following
The products are sold by third party online sellers, aggregators or distributors. The Company is not a warrantor, insurer, or guarantor of the products to be sold by such third party sellers. The products are provided without any recourse against us for any breach of contract by such third party e-commerce sites. We do not warrant or represent on any aspect of the product including without limitation, cost, delivery, warranty, after sales support, or other terms of the products. Any disputes regarding such quality, delivery, cost, warranty, after sales support, or other terms of the products purchased must be handled directly between you and the respective third party e-commerce site.
You also agree that third party e-commerce sites are neither the suppliers of the Company nor the Company is the distributor or agent of such third party e-commerce sites.
Article II. PAYMENT
Section 2.01 We want to make it unambiguously clear to You that the Services provided to you are upon your request and only upon mutually agreed terms
Article III. ELIGIBILITY
Section 3.01 You represent, covenant and warrant that, You are legally competent for accessing the Website and availing of Services from the Website and You are not a prohibited or illegible user in accordance with applicable laws and regulations. Notwithstanding anything contained in the Terms and Conditions, the Company reserves the right to terminate Access to Website and remove any content or information that has been posted on the Website and/or prohibit You from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason including the reasons stated above, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age;
Section 3.02 You further represent, covenant and warrant that You are not impersonating any person or entity, or falsely claiming or otherwise misrepresenting an affiliation with any person or entity, or accessing the accounts of others without permission, forging another persons’ digital signature, misrepresenting the source, identity, or content of information transmitted via the Services, performing any other similar fraudulent activity or dealing with what the Company reasonably believes to be potentially fraudulent funds; while Your Access to Website and availing the Services.
Section 3.03 While using the Services you and we agree that either of you and we will not or attempt to repudiate the validity of your instructions relating to the Services or the communications regarding the instructions sent to you by us. Both you and we agree that the instructions, information, communications and/or authorizations given through the Services shall be treated as satisfying any legal requirements for communication in writing.
Article IV. REGISTRATION
Section 4.01 To fully avail the benefit of Services provided by the Website,You will be provided with option of registering with the Website. For registration with us, you are required to provide true, accurate and current information as prompted by the Website as and when required.
Section 4.02 For availing certain Services in the Website you may be required to provide sufficient Know Your Customer (“KYC”) information.
Section 4.03 Your registration with the website results in the formation of an account in your name and you will be provided with a username and password (“User Account”). You are entirely responsible for all activities which occur in your User Account, including unauthorized use of your or any other credit card. You must notify the Company, immediately if you become aware of any unauthorized use of your User Account, username and/or Password. If you forget or lose your password, you should request a new password by visiting the relevant section of the page. Our system will then automatically send your password to the email address on file. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.
Section 4.04 You agree promptly that you will update the information provided by you while registering with us, and any other information you provide to Us. You agree that we are not responsible for any failure of Service due to information being incomplete, inaccurate and non-updated.
Section 4.05 You shall be fully responsible for all use and for any actions that take place using User Account.
Section 4.06 By registering with our Website, You agree to receive promotional and non-promotional messages and mails from the Website. In the event if you wish to unsubscribe to promotional message and mails from the Website, you can unsubscribe by emailing at our Customer Care email@example.com
Section 4.07 Notwithstanding anything contained in the Terms and Conditions, You agree that the registration with us does not mandate continuous service from us and that the Company may unilaterally terminate Your registration and delete any information that you may have created during the Access to Website or registration under Article IV.
Article VI. LINKS TO OTHER WEBSITES
This Website might contain hypertext links to websites not maintained by us, including the third party e-commerce sites. You are reminded that when you enter other websites via such hypertext links, you will not be subject to Terms and Conditions and you will not benefit from the protections afforded to you in using the Website. We will not be liable in any way for the content, availability or use of such linked web sites and you use such links entirely at your own risk.
Article VII. USE OF SITE
Section 7.01 You understand that except for information, products or services clearly indicated as being supplied by the Company, we do not operate, control, or endorse any information, products or services on the Website in anyway. You also understand that Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
Section 7.02 You understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. You are entirely responsible for all content that you upload post, email, transmit or otherwise make available via the Services. The Company does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
Section 7.03 Prohibited Use of Website
(a) You agree not to use the Services to:
(i) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) impersonate any person or entity, including, but not limited to, Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(iv) “stalk” or otherwise harass another User; or
(v) Collect or store personal data about other Users.
Article VIII. TERMINATION; AGREEMENT VIOLATIONS
You agree that Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your User Account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Company may also in its sole discretion and at any time discontinue providing Access to Website, access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
Article IX. LIMITATION OF LIABILITY AND DAMAGES
Section 9.01 In no event will Company or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to
(a) this Terms and Conditions;
(b) Access to Website
(c) the Services, the Website or any reference site; or
(d) Your use or inability to use the services, the site (including any and all materials) or any reference sites,
even if Company or a Company authorized representative has been advised of the possibility of such damages.
You further acknowledge and agree that Company has offered its Services, and entered into this Terms and Conditions in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Company. Company would not be able to provide the Services to you on an economically reasonable basis without these limitations. In anycase, Company’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
Article X. INDEMNIFICATION
Section 10.01 You agree to defend, indemnify and hold harmless Company, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from and against liabilities, costs, damages and expenses, including but not limited to settlement costs and reasonable attorneys’ fees arising from any claims from anybody that result from or relate to your use, misuse of the Services or Access to Website and any violation by you of this Terms and Condition or any breach of the representations, warranties, and covenants made by you herein.
Section 10.02 Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, including rights to settle, and you agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
Article XI. DISCLAIMER; NO WARRANTIES
Section 11.01 To the fullest extent permissible under the applicable law, Company and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Company or through the services or the Website will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Company” includes Company’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies.
Section 11.02 You acknowledge that Company only provides comparison of certain products available at third party e-commerce sites on a reasonably accurate basis and is not liable for any third party e-commerce sites’s obligations regarding rates, quality, and all other instances. You expressly agree that use of the Services and the Website is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Website or on the internet generally. Company does not warrant or make any representations regarding the use or the results of the use of the Services, the Website or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
Section 11.03 Access to and use of this Website is at the user’s own risk and we do not represent or warrant that the use of this Website or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this Website or any its contents.
Section 11.04 Temporary Withdrawal of Service
(a) We do not warrant that the Service will be uninterrupted or error-free or that defects in the site will be corrected. The Services and the Website and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Services and the Website are provided on an “as is” and “as available,”“with all faults” basis and without warranties or representations of any kind either express or implied. Company, and its third party suppliers, licensors, and partners do not warrant that the data, Company software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
(b) In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Website and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue.
Article XII. OWNERSHIP; PROPRIETARY RIGHTS
Section 12.01 The intellectual property and proprietary rights in the contents of the Website including but not limited to visual, audio and the other interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the forming a part of the Website or the Services are owned by the Company or third party service providers, licensors or suppliers and are protected by applicable laws.
Section 12.02 You agree not to remove, obscure, or alter Company or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or through the Usage of site.
Article XIII. MISCELLANEOUS
Section 13.01 Entire Agreement and Modification
We reserve the right to modify the Terms and Conditions at any time without giving any prior notice. Your use of the Website following any such modification constitutes an agreement to follow and be bound by the Terms and Conditions as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/or to specific areas of this Website or to particular Service or to Access to Website are also considered as Terms and Conditions and the same shall be modified by the Company without giving any prior notice. You are requested to read the Terms and Conditions in a timely manner to be informed of the modifications.
If you are a registered user in accordance with Article IV of the Terms and Conditions, Company reserves the right to change, modify, add, or remove portions of terms, conditions and disclaimers at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services or Usage of the Website. For certain changes, Company may be required under applicable law to give you advance notice, and Company will comply with such requirements.
Section 13.02 Force Majeure
We shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labor disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.
Section 13.03 Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
Section 13.04 Notice
Company may provide you with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except as otherwise set forth herein, notice to Company must be sent by courier or registered mail to 2ndFloor 2nd floor, Adam Star Building , X/711/S4, Kalangat Road, Kakkanad, Cochin – 682030
Section 13.05 Waiver
The failure of Company to exercise or enforce any right or provision of this Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms and Conditions will be effective only if in writing and signed by Company.
Section 13.06 Governing Law and Forum for Disputes
All the contents and Services provided by us and available through Website and any dispute with regard to the Access to Website shall be governed by the laws of India, without giving effect to any principles of conflicts of law. We are not making any representation as to availability and legality of the Access to Website and Services in other jurisdictions; in cases where our contents and Services are used from other locations Company shall not be responsible for the compliance of applicable laws. In the event of any claim or dispute You agree to submit to the personal jurisdiction of the courts located within Ernakulam, India for the purpose of litigating all such claims or disputes.
Section 13.07 Severability
If any provision of Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms and Conditions to the minimum extent required, and the remaining provisions will remain valid and enforceable.