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Fintech Blue Solutions Private Limited, a Company incorporated and registered under the Companies Act, 2013 having its registered office at Flat No. 503, Wing C, Gardenia, Thakur Village, Gundecha Complex, Kandivali (East), Mumbai-400101 (hereinafter called as “Fintech”) is pleased to provide the Flurish, a content publishing portal and any related third party software, services or products (herein referred to as “Flurish”). Flurish’s objective is to make your experience both enjoyable and productive. To that end, Flurish has adopted the following Terms of Use that govern your use of Flurish. Flurish and all related websites, services and/or products provided through or in association with Flurish shall be subject to these Terms of Use.

You accept without limitations or qualifications these Terms of Use when you access, browse and use Flurish. Access to and use of Flurish is not permitted without your accepting these Terms of Use.

By accessing and using the Flurish.in Website in any way, including, without limitation, browsing the Website, using any information, using any content, any services, etc., available therein, you agree to and are bound by these Terms of Use. If you do not accept these Terms of Use in full, please cease using this Website immediately.

 

1. Flurish – Terms of Use Agreement

Flurish.in (hereinafter referred to as Flurish) may comprise of one or more software applications, services or products as appropriate to your experience. Fundamentally, Flurish is a digital portal designed to assist users to lead a happy and healthy life by enhancing their knowledge about healthy living, good lifestyle habits and financial planning. The components of Flurish and therefore your knowledge experience will be customized to suit your particular needs depending upon the level of service, products or inputs agreed by Flurish.

Content that is considered obscene under Indian law, is strictly forbidden on the Flurish site, and users are prohibited from posting any material of an obscene nature on the Flurish site. Although Flurish exercises due diligence to ensure that any obscene content posted by users in violation of the Terms is promptly removed, users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavors to make Flurish aware of such obscene/objectionable content that they come across while using the service. You shall not post/indulge in posting or transmission of any message which is libelous, slanderous/defamatory or which discloses private or personal matters of any person.

Your rights and duration of access  to the content on Flurish are pre-determined and might expire automatically without any further notice to you. Furthermore, your account and access to Flurish may be terminated at the discretion of Flurish with or without notice.

2. Privacy Policy

Since you, Flurish are internet users, privacy is important. Therefore, you are referred to Flurish’s privacy policy. Your continued use of Flurish is an affirmation that you have read the privacy policy, understand it, assent and consent to its terms and conditions, including subsequent changes and amendments.

3. Using Flurish

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by the terms of this ToU Agreement, and/or applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  • In order to access our Resources, you may be required to provide certain information about yourself but not limited to other details such as name, address, contact details, etc.. You agree that any information you provide will always be accurate, correct, and updated.
  • You are responsible for maintaining the confidentiality of any information associated with any use or access to our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  • Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  • Attempting to copy or copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  • Without limitation to the liability, you are solely responsible for any consequences, losses, penalty or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liabilities.

4. USER CONDUCT

You may only access and use Flurish for lawful purposes only. The user of Flurish is responsible for adhering to any and all laws, rules, and regulations that are applicable regardless of any previous knowledge or lack of knowledge about such laws, rules or regulations. Flurish is not responsible for the content of any information that is uploaded, posted or transmitted by you or other third parties to Flurish. Since Flurish does not control the content of what is uploaded, posted, or transmitted, it cannot guarantee the accuracy, integrity of quality, or legality of such content. Anyone who registers or uses Flurish or any resources located therein does so at his or her own risk, and Flurish shall not be liable in any way for the content, or for any loss or damage that may be incurred as a result of using any content or information transmitted via Flurish. Flurish’s rights and protections as stated in these Terms of Use are equally applicable to any internet service provider that it has selected to host Flurish or any related resources.

You agree that you will not use this website to:

  • Commit or cause to be committed any criminal offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, federal or international law or regulation;
  • Upload, post, e-mail or otherwise transmit any content that is unlawful, defamatory, harassing, abusive, invasive of another’s privacy, infringes upon the rights of third parties, harmful, wrongful, or obscene;
  • Harm any minors in any way;
  • Upload, post, e-mail or otherwise transmit any material, information or content that you do not have a right to transmit under law or contractual relationship;
  • Upload, post, email or otherwise transmit any material, information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any other individual, party or entity;
  • Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship, or by forging headers or otherwise manipulating identifiers;
  • Upload, post, e-mail or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation, such as “junk mail”, “spam”, “chain letters”, or “pyramid schemes”;
  • Alter, damage, or delete any material, information or content or communication that is not yours or to interfere with the ability of others to have access or use of this website;
  • Upload, post, e-mail or otherwise transmit any material, information or content that contains a software virus or any other computer code, file or program that would interfere with the functionality of any computer software, hardware or telecommunication equipment;
  • Disrupt the normal communication or otherwise act in such a way that would negatively impact other users’ ability to engage in real-time exchanges;
  • Impersonate or claim a relationship with or speak for any individual, business, association, institution, or other organization, including, but not limited to Flurish for which you have no authorization to do so or to claim such a relationship;
  • Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services and/or this website;
  • Collect or store personal data about other users;
  • Stalk or otherwise harass any individual; or
  • Cause to be reproduced, duplicated, copied, used, distributed, sold, resold, or otherwise exploit in any manner for commercial use or purposes, any aspect of Flourish or any resources found therein or any of the associated software, services or products related thereto.

5. USER GENERATED CONTENT

We may provide various open communication tools on our website, such as blog comments, posts, public chat, forums, message boards, newsgroups, reviews, various social media services, etc. You understand that we do not pre-screen content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website (“user generated content”), then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising;
  • Impersonates any person or entity, including any Flurish employees or representatives.

We do not assume any liability for any user generated content posted by you or any other 3rd party users of our website. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this ToU Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks.

Any material, information or content that is uploaded by you or is otherwise made available by you to Flurish is and remains your sole property or that of your licensors. You automatically grant and/or warrant upon your uploading or making available of such material, information or content that the owner of such material, information or content has granted Flurish a perpetual, royalty free, non-exclusive right and license to use, reproduce, modify, publish, distribute, display, perform and transmit the information or content through Flurish.

You further warrant that all such materials do not infringe upon any copyright, violate any property rights or contain scandalous, libellous, or unlawful matter. This only refers and applies to user-generated content as described. All user’s Personal Information, provided as part of our registration or purchase process, is covered by our Privacy Policy (click here to read).

6 IPR AND COPYRIGHT

All content and materials available on Flurish, including but not limited to text, graphics, website name, code, images and logos are either the intellectual property of Flurish or under licensed use by Fintech, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Fintech.

7 CONTRIBUTIONS TO FLURISH!

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Flurish through its suggestion or feedback webpages, you acknowledge and agree that:

(a) your Contributions do not contain confidential or proprietary information;

(b) Flurish is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

(c) Flurish shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

(d) Flurish may have something similar to the Contributions already under consideration or in development;

(e) your Contributions automatically become the property of Flurish without any obligation of Flurish to you; and

(f) you are not entitled to any compensation or reimbursement of any kind from Flurish under any circumstances.

8 Indemnity

You agree to indemnify and hold Flurish, its parent company, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including penalty, reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the ToU and privacy policy, breach by the user of any of the terms and conditions, representations and warranties herein, or user’s violation of any rights of another.

9 No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service

10 Dealings with Third Parties

The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavour, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.

11 Links

The Service may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that Flurish has no control over such sites and resources, you acknowledge and agree that Flurish is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Flurish shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • The use of our Resources will meet your needs or requirements,
  • The use of our Resources will be uninterrupted, timely, secure or free from errors or virus,
  • The information obtained by using our Resources will be accurate or reliable, and
  • Any downloads from Flurish will not harm your computer or device in any way.
  • We have screened or verified any of the information posted herein, unless otherwise specifically so stated on the Website; and

To the maximum extent permitted by law, Flurish has no liability in relation to or arising out of the Website Information and recommendations. You are responsible for the final choice of your product. Please seek further advice from Flurish or the relevant participating insurance companies before choosing any product or service which you wish to avail for , if you have any doubts or queries about the same. Furthermore, Flurish does not guarantee when or if you will actually acquire the product that you have chosen and does not accept any liability arising out of delay in you acquiring the product you have chosen. You acknowledge and accept that the final issuance of the policy is subject to the underwriting norms and sole discretion of the insurance company whose policy you have chosen to buy.

13 Limitation of Liability

You expressly understand and agree that in no event Flurish or its contractors, agents, licensors, partners, employees, representatives, suppliers be liable to you for any special, direct, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation loss of 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 this agreement,  or which may be incurred by you as a result of using our website or its resources or the content, the services, or any reference site, or your use or inability to use the services. In any event, Flurish or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ shall not be liable for any  or all damages, liabilities, losses, costs or consequences thereof arising out of or in relation to usage/Agreement,  or the Products or Services, however caused and whether arising in contract, tort including negligence, warranty or otherwise.  That any claim against us shall be limited to the amount you paid to Flurish, if any.

14 No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

15 Governing Law

This ToU Agreement and the Privacy Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.