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1. Introduction: This document sets forth the Terms of Service ("Terms and Conditions") governing your use of the FLIPICK web site located at [ http://www.flipick.com/ ] ("Web Site") and the information and services made available on and through the Web Site. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding Agreement between you and FLIPICK.
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time"
Disputes raised against non-delivery of products, if stands valid then the cardholder is eligible for partial refund after deducting reasonable service charges.
2. Acceptance of Terms and Conditions of Use: Your use of the Web Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Web Site. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Web Site.
3. Termination of Access: The use of this Web Site and its services is a privilege. FLIPICK reserves the right to suspend your use of this Web Site for any reason at any time, in its sole discretion. Questions concerning the use of the Web Site and its services should be directed to email@example.com
4. Definitions: For the purpose of this Agreement, the following definitions apply:
5. Intellectual Property Rights: All Content on the Web Site is the sole property of FLIPICK or their respective owners, as indicated, and is protected by Indian Copyright Law and Indian Trademarks Law.
FLIPICK authorizes you to view and download a single copy of the Content on the Web Site solely for your personal, non-commercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Web Site, as well as any Graphics.
The "look" and "feel" of the Web Site (including colour combinations, button shapes, layout, design and all other graphical elements) are also protected by Indian Copyright Law and Indian Trademarks Law. All product names, names of services, trademarks and service marks ("Marks") are the property of FLIPICK or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
6. Acceptable Use of the Web Site: The Web Site and its services are intended to facilitate the offering for sale of books and products of third parties. The Web Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Web Site. The information displayed on the Web Site may not be used for any purpose except in connection with your direct use of the Web Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Web Site is also subject to the following restrictions:
7. Limitations on Information Submitted: Any submission of information to FLIPICK through the Web Site is subject to the following guidelines and restrictions:
8. Monitoring of Information: FLIPICK does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Web Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, FLIPICK may in its discretion review information submitted to the Web Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Web Site for any reason whatsoever. FLIPICK does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Web Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, FLIPICK may in its discretion review information submitted to the Web Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Web Site for any reason whatsoever.
9. Rights to Information: User hereby grants to FLIPICK an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you, subject to the Privacy Guidelines set forth herein.
10.Security Rules: To ensure the security of the Web Site and of Users, the following security rules govern your use:
11. Termination of Access to Web Site: Users who violate these Terms and Conditions may be denied access to the Web Site at the sole discretion of FLIPICK.
12. Disclaimer of Warranties and Limitations of Liability: Your agreement to the following disclaimers and limitations are a material inducement to FLIPICK to permit you to access the Web Site. Your use of the Web Site, and the obligations and liabilities of FLIPICK in respect of your use of the Web Site, is expressly limited as follows:
13. DISCLAIMER OF WARRANTIES: THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. FLIPICK DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
14. LIMITATION OF LIABILITY: IN NO EVENT SHALL FLIPICK BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLIPICK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLIPICK HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. FLIPICK EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT FLIPICK RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.
15. Indemnification: You agree to indemnify, defend and hold harmless FLIPICK from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorney’s fees and costs of suit, arising out of your breach of these Terms and Conditions.
16. General: Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Pune, India. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of FLIPICK to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.