- Flexmotiv, Flexmo and goflexmo are the flagship brand of Flexmotiv Pvt. Ltd. Through www.Flexmotiv.com or www.goflexmo.com, along with its sub-pages operates portal through which it offers its products for purchase. Flexmotiv as used herein shall be construed as a collective reference to Flexmotiv and the Flexmotiv Website. Flexmotiv is an assistive technology product design and development company working persons with locomotor disability and elderly population.
2. USAGE OF FLEXMOTIV
- Certain Flexmotiv Services being provided on Flexmotiv may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
- Flexmotiv may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User’s access to all or any part of Flexmotiv or Flexmotiv Services;
- Change, suspend, or discontinue all or any part of the Flexmotiv Services;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on Flexmotiv ;
- Deactivate or delete a User’s and all related information and files on the account;
- Establish general practices and limits concerning use of Flexmotiv;
- Assign its rights and liabilities to all User hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)
- In the event any User breaches, or Flexmotiv reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Flexmotiv or the Flexmotiv Services, Flexmotiv may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of Flexmotiv or the Flexmotiv Services, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on Flexmotiv and further, take technical and legal steps as it deems necessary.
- If Flexmotiv charges its Users a platform fee in respect of any Flexmotiv Services, Flexmotiv shall, without delay, repay such platform fee in the event of suspension or removal or the User’s account or Flexmotiv Services on account of any negligence or deficiency on the part of Flexmotiv, but not if such suspension or removal is effected due to: any breach or inadequate performance by the User of any of these Terms and Conditions; or any circumstances beyond the reasonable control of Flexmotiv.
- Users consent to receiving communications such as announcements, administrative messages and advertisements from Flexmotiv or any of its partners, licensors or associates.
- In order to register for the Users are required to accurately provide the following information:Full NameE-mail addressPasswordState of ResidenceGenderDate of birth
- Users are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
- Once the Users have entered the above information, and clicked on the “register” tab, and such Users are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
4. THIRD PARTY SITES, SERVICES AND PRODUCTS
- Flexmotiv may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Flexmotiv does not exercise control over any Internet sites apart from Flexmotiv, and cannot be held responsible for any content residing in any third party Internet site. Flexmotiv ‘s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Flexmotiv of such third-party Internet site.
- Users’ correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. User agrees that Flexmotiv will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
- Flexmotiv contains content that is created by Flexmotiv as well as content provided by third parties. Flexmotiv does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Flexmotiv Services provided on Flexmotiv
5. USER CONDUCT
- Deactivating or deleting a User’s and all related information and files on the account. Any amount/credits remaining unused in the User’s account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Flexmotiv subject to a processing fee (if any) applicable on such transfers as set out herein; or
- Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Flexmotiv). Users further agree to update and keep updated their registration information.
- A User shall not register or operate more than one User account with Flexmotiv.
- Users agree to ensure that they can receive all communication from Flexmotiv by marking e-mails from Flexmotiv as part of their “safe senders” list. Flexmotiv shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
- Any password issued by Flexmotiv to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Flexmotiv of any unauthorized use of their passwords or accounts or any other breach of security.
- Users agree to exit/log-out of their accounts at the end of each session. Flexmotiv shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with Flexmotiv Services and/or Flexmotiv experience or assist in such activity.
- Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Flexmotiv or Flexmotiv Services.
- Users agree that without Flexmotiv ‘s express written consent, they shall not modify or cause to be modified any files or software that are part of Flexmotiv ‘s Services.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Flexmotiv or the Flexmotiv Services (each a “Server”); or (2) the enjoyment of Flexmotiv Services by any other User or person.
- Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Flexmotiv Services or any other person’s use or enjoyment of Flexmotiv Services.
- Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to Flexmotiv Services by any means other than the User interface provided by Flexmotiv, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Flexmotiv Services.
- Without limiting the foregoing, Users agree not to use Flexmotiv for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Flexmotiv, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on Flexmotiv without the express written consent of Flexmotiv;
- To advertise, offer or sell any goods or services for any commercial purpose on Flexmotiv without the express written consent of Flexmotiv;
- To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
- To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- To restrict or inhibit any other user from using and enjoying any public area within our sites;
- To collect or store personal information about other Users;
- To interfere with or disrupt Flexmotiv, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of Flexmotiv, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Flexmotiv or to manipulate User’s presence on Flexmotiv (s);
- To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.
- If a User chooses a username that, in Flexmotiv ‘s considered opinion is obscene, indecent, abusive or that might subject Flexmotiv to public disparagement or scorn, Flexmotiv reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Flexmotiv, deny such User access to Flexmotiv, or any combination of these options.
- Unauthorized access to Flexmotiv is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Flexmotiv by any means other than through the interface that is provided by Flexmotiv for use in accessing Flexmotiv. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
- Use of Flexmotiv is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Flexmotiv ‘s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Flexmotiv.
- Users may contact Flexmotiv with problems or questions, as appropriate.
- Persons below the age of eighteen (18) years are required to seek permission or consent from their parents or legal guardians before furnishing data, entering on Flexmotiv or the Flexmotiv Services or inter alia and such person is subject to disqualification at the sole and absolute discretion of Flexmotiv, whenever it comes to the knowledge of Flexmotiv.
- Although persons below the age of 18 years are allowed to use certain Flexmotiv Services on the Flexmotiv with the consent of their parent/s or legal guardians.
- Flexmotiv may not be held responsible for any content contributed by Users on the Flexmotiv.
6. RETURN & REFUND POLICY
- There could be certain circumstances beyond our control where you could receive damaged/defective product(s) or a product that is not the same as per your original order. We will replace the product to your satisfaction at no extra cost. In such circumstances, before using the product(s), please get in touch with our Customer Service Team who will guide you on the process for the same at our Customer Service email- [email protected]
- The return process of the product can be restricted depending on the nature and category of the product(s).
- Conditions for return:
- Please notify us of the receipt of damaged/defective product(s) within maximum 48 (forty-eight) hours of delivery.
- Product(s) should be unused.
- Product(s) should be returned in their original packaging along with the original price tags, labels and invoices.
- It is advised that the return packets should be strongly and adequately packed so that there is no further damage of the product(s) in transit.
- Specific product(s) being offered by our registered vendors may have a different return policy. Please check the policies and terms at the Website at the time of purchase.
- Please note that unless the product(s) are faulty, we will be entitled to recover any direct costs of having to recover the product(s) from you. In such an occurrence we may set such costs against the amount re-credited to you in the refund
- We will process the refund after receipt of the product by Flexmotiv, its registered vendor or authorised personnel. Refund will be processed based on the mode of payment of the order.
- Orders paid by credit card or debit card will be refunded by credit back to the credit card or debit card within 7 (seven) working days of the process being completed;
- Orders paid by net banking accounts will be credited back to bank account within 7 (seven) working days of the returns process being completed; and
- Refunds will be made in case replacement is not possible.
8. THE RETURN PROCESS:
- Please follow the below process for returning your parcel to us 8.2 Please mail us at [email protected] giving the order no. and the reason you would like to return it.
- We will inform you when the return pickup will be done by our logistics partner.
- Re-pack the item in its original packaging with labels and tags still attached.
- Cover your address label with the Flexmotiv address found on your delivery note.
- Keep your certificate of couriering safely as you will need this as your proof of return
- If you are returning a product (not being a damaged or defective product) for a refund, and not purchasing another product, you may be charged for the original shipping cost and a restocking fee.
- Further Please Note: If a rare product is specially ordered for a customer, the product may have to be ordered on a no-return/ refund basis. This, of course, will be informed to the customer at the time of the purchase on the Website.
- The Returns Process for a Faulty /Wrong Item
- If you receive a faulty product(s) and would like a refund, please send us a message at [email protected], advising us of your order number (found in Order History in ‘My Account’), along with the name/product code of the item affected and the details of the problem, so that we may investigate this for you. This must be done within 2 (two) days of receipt of the product. Please return the item to us following the same procedure as stated in the Returns section We‘ll examine the faulty product and be in touch with information of what refund you are entitled to via email within a reasonable period of time. We can alternatively also offer you a free replacement of the product.
9. CANCELLATION AND RETURN
- Flexmotiv believes in helping its customers as far as possible and has therefore a liberal cancellation policy. Under this policy:
- Cancellations will be considered only if the request is made within 24 (twenty four) hours of placing an order and if we have not already dispatched the goods.
- There is no cancellation of orders placed under the ‘Same Day Delivery’ category;
- Flexmotiv does not accept cancellation requests for perishable items
- Flexmotiv does not accept cancellation requests for consumables like nutrition and diabetic supplements and tests.
Cancellation/returns may not be possible for certain products under the following conditions:
- Damages due to misuse of product(s)
- Incidental damage due to malfunctioning of product(s);
- Any consumable item which has been used or installed;
- Products with tampered or missing serial/UPC numbers;
- Any damage/defect which are not covered under the manufacturer or vendor’s warranty;
- Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product(s) delivered;
- Any wearable product that has been worn, washed, tags removed, stained from trying on and/or odor, smell of smoke, or show any type of damage etc.; or
- Flexmotiv has right to determine condition of product(s) for refund ability or ex-changeability
10. SHIPPING POLICY
- Flexmotiv is not liable for any delay in delivery by the courier company/postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 7 (seven) working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be made at the address of the buyer as mentioned at the time of order.
- Flexmotiv is in no way responsible for any damage to the order while in transit to the buyer.
- While we shall strive to ship all items in your order together, this may not always be possible due to product characteristics, or availability.
- Please note all items (including gifts) will be shipped with an invoice mentioning the price, as per applicable laws.
- Free Shipping may be applicable for specific products. Please check the specifications in the product listing on the Website.
- For domestic buyers, orders are shipped through registered domestic courier companies and /or speed post only. Orders are shipped within 4 (fifteen) working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to the courier company/post office norms.
- For all products over 2.5 kgs we may need to send it by surface transport with a concomitant increase in delivery time.
- The approximate shipping and delivery time may vary from destination to destination. Flexmotiv makes no warranties for a specific delivery date unless so specified in the product description.
- Payments can be made by credit card, debit card, net banking. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
- Whilst we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of- date information regarding pricing, shipping, payment terms, or return policies.
12. CREDIT CARD DETAILS
- You agree, understand and confirm that the credit card or debit card details provided by you for availing of services and product(s) on the Website will be correct and accurate and you shall not use a credit card or debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card or debit card details to Flexmotiv. We hereby undertake that your credit card or debit card information will not be utilized and shared by Flexmotiv with any of the third parties unless required for fraud verification or by applicable law. Flexmotiv will not be liable for any credit card or debit card fraud. The liability for use of a credit card or debit card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
13. RELEASE AND LIMITATIONS OF LIABILITY
- Users shall access the Flexmotiv Services provided on Flexmotiv voluntarily and at their own risk. Flexmotiv shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Flexmotiv Services
- By entering the Flexmotiv and accessing the Flexmotiv Services provided therein, Users hereby release from and agree to indemnify Flexmotiv, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Flexmotiv Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
- Flexmotiv accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties.
- Users shall be solely responsible for any consequences, which may arise due to their access of Flexmotiv Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Flexmotiv Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Flexmotiv and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Flexmotiv on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold Flexmotiv harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Flexmotiv.
- In consideration of Flexmotiv allowing Users to access the Flexmotiv Services hosted on the Flexmotiv, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Flexmotiv, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Flexmotiv Services.
- To the extent permitted under law, neither Flexmotiv nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
- To the extent permitted under law, Flexmotiv shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, Flexmotiv services or sites, cancellation. Flexmotiv disclaims any responsibility for, and if a User pays for access to one of Flexmotiv ‘s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Flexmotiv ‘s maintenance on the servers or the technology that underlies our sites, failures of Flexmotiv ‘s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Flexmotiv does not provide any warranty as to the content on the Flexmotiv (s). Flexmotiv (s) content is distributed on an “as is, as available” basis.
- Any material accessed, downloaded or otherwise obtained through Flexmotiv is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
- Flexmotiv shall make best endeavours to ensure that the Flexmotiv (s) is error-free and secure, however, neither Flexmotiv nor any of its partners, licensors or associates makes any warranty that:
- The Flexmotiv (s) will meet Users’ requirements,
- Flexmotiv (s) will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of Flexmotiv (s) will be accurate or reliable; and
- the quality of any products, Flexmotiv Services, information, or other material that Users purchase or obtain through Flexmotiv .com(s) will meet Users’ expectations.
- In case Flexmotiv discovers any error, including any error in the transfer of amounts to a User’s, Flexmotiv reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Flexmotiv agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
- To the extent permitted under law, neither Flexmotiv nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
- Flexmotiv may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Flexmotiv posting them on the Flexmotiv or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Flexmotiv. If they do not provide Flexmotiv with accurate information, Flexmotiv cannot be held liable for failure to notify the User.
- Flexmotiv shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Flexmotiv ‘s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor.
- Flexmotiv ‘s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Flexmotiv or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
- These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and Flexmotiv and govern your use of the Flexmotiv , superseding any prior agreements
- If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
- Flexmotiv reserves the right to moderate, restrict or ban the use of the Flexmotiv , specifically to any User, or generally, in accordance with Flexmotiv ‘s policy/policies from time to time, at its sole and absolute discretion and without any notice.
- Flexmotiv may, at its sole and absolute discretion, permanently close or temporarily suspend any Flexmotiv Services.
16. INTELLECTUAL PROPERTY
- Flexmotiv includes a combination of content created by Flexmotiv , its partners, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Flexmotiv and the Flexmotiv Services and material published on Flexmotiv , including (but not limited to) advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Flexmotiv , its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Flexmotiv either in whole or in part without express written license from Flexmotiv.
- Users may request permission to use any Flexmotiv content by writing in to Flexmotiv.
- Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Flexmotiv (“Users’ Content”). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Flexmotiv. Users agree to indemnify and hold harmless Flexmotiv, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Flexmotiv , by such User or through the User’s commissions or omissions.
- Users hereby grant to Flexmotiv and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
- Displaying Users’ Content on Flexmotiv
- Distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
- Storing Users’ Content in a remote database accessible by end users, for a charge.
- This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
- All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Flexmotiv (s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Flexmotiv.
17. DISPUTES AND DISPUTE RESOLUTION
- In the event of any legal dispute (which may be a legal issue or question), which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be referred to a sole Arbitrator who shall decide the same is accordance with the Laws of India.
- The place of Arbitration shall exclusively be in New Delhi, India. All Arbitration proceedings shall be conducted in English and in accordance
- with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The Arbitration award will be final and binding on the Parties, and each Party will bear its own costs of Arbitration and equally share the fees of the Arbitrator unless the Arbitral Tribunal decides otherwise. The Arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The Arbitrator shall give a reasoned award.
- Nothing contained in these Terms and Conditions shall prevent Flexmotiv from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Flexmotiv ‘s interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Flexmotiv to pursue any remedy for monetary damages through the arbitration described herein.
- You agree to indemnify and hold harmless Flexmotiv, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses including attorney’s fees caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Flexmotiv or any third party including but not limited to breach of any warranties, representations, undertakings, or any relation to non-fulfillment of any of your any obligations under this Contract arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Contract