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docfliq: Terms and Conditions

These legally binding Terms and Conditions (the “Terms”) constitute an agreement enforceable by law (the “Agreement”) between you and DOCFLIQ PRIVATE LIMITED, a company organised and incorporated under the laws of India with its registered office at “PRASAM”, Royal Park-2, Kalawad Road, Rajkot, Gujarat-360005, India (“DocFliq”, “we”, “us” and/or “our”) governing your access to and use of the DocFliq website, including any subdomains thereof, and any other websites through which DocFliq makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “DocFliq Services”). The Site, Application and DocFliq Services together are hereinafter collectively referred to as the “DocFliq Platform”.

1. DocFliq Services

1.1 The DocFliq Platform is a webspace that enables registered users (“Members”) and certain third parties who offer services to publish or live stream content on the DocFliq Platform (“Listings”).

2. Usage of DocFliq Platform

2.1 In order to access and use the DocFliq Platform or register a DocFliq Account you must be an individual of at least 18 years old and able to enter into legally binding contracts.

3. Account Registration

3.1 You may be required to register an account (“DocFliq Account”) to access and use certain features of the DocFliq Platform. If you are unable to register, DocFliq shall create the same for you.

3.2 You can register a DocFliq Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.

3.3 You must provide accurate, current and complete information during the registration process and keep your DocFliq Account up-to-date at all times.

3.4 You may not register more than one (1) DocFliq Account unless DocFliq authorizes you to do so. You may not assign or otherwise transfer your DocFliq Account to another party.

3.5 You are responsible for maintaining the confidentiality and security of your DocFliq Account credentials and may not disclose your credentials to any third party.

4. Content

4.1 DocFliq may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the DocFliq Platform (“Member Content”); and (ii) access and view Member Content and any content that DocFliq itself makes available on or through the DocFliq Platform, including proprietary DocFliq content and any content licensed or authorized for use by or through DocFliq from a third party (“DocFliq Content” and together with Member Content, “Collective Content”).

4.2 The DocFliq Platform, DocFliq Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws. You acknowledge and agree that the DocFliq Platform and DocFliq Content, including all associated intellectual property rights, are the property of DocFliq and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the DocFliq Platform, DocFliq Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of DocFliq used on or in connection with the DocFliq Platform and DocFliq Content are trademarks or registered trademarks of DocFliq in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the DocFliq Platform, DocFliq Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

4.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DocFliq Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DocFliq or its licensors, except for the licenses and rights expressly granted in these Terms.

4.4 Subject to your compliance with these Terms, DocFliq grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the DocFliq Platform and accessible to you, solely for your personal and non-commercial use.

4.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the DocFliq Platform, you grant to DocFliq a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the DocFliq Platform, in any media or platform.

4.6 You are solely responsible for all Member Content that you make available on or through the DocFliq Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the DocFliq Platform or you have all rights, licenses, consents and releases that are necessary to grant to DocFliq the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or DocFliq’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; (vi) unlawful or not owned by you; or (vii) violates any DocFliq policy.

5. Payments

5.1 There may be certain payments from DocFliq to you and from you to DocFliq in respect of the DocFliq Platform. The fee shall be intimated to you in advance. Once agreed, the fee shall be non-refundable and transactions shall be non-cancellable.

5.2 The fee shall be subject to applicable GST and applicable TDS.

5.3 DocFliq reserves the right to change the fee at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6. Prohibited Activities

6.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the DocFliq Platform. In connection with your use of the DocFliq Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the DocFliq Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies DocFliq endorsement, partnership or otherwise misleads others as to your affiliation with DocFliq;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the DocFliq Platform in any way that is inconsistent with DocFliq’s policies or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the DocFliq Platform in connection with the distribution of unsolicited commercial messages (“spam”);
  • request, accept or make any payment outside of the DocFliq Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold DocFliq harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the DocFliq Platform.
  • use, display, mirror or frame the DocFliq Platform or Collective Content, or any individual element within the DocFliq Platform, DocFliq’s name, any DocFliq trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the DocFliq Platform, without DocFliq’s express written consent;
  • dilute, tarnish or otherwise harm the DocFliq brand in any way, including through unauthorized use of Collective Content, registering and/or using DocFliq or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to DocFliq domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the DocFliq Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by DocFliq or any of DocFliq’s providers or any other third party to protect the DocFliq Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the DocFliq Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the DocFliq Platform; or,
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

6.2 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to DocFliq by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

7. Term and Termination

7.1 You may terminate this Agreement at any time by sending us an email.

7.2 Without limiting our rights specified below, DocFliq may terminate this Agreement for convenience at any time by giving you a notice via email to your registered email address.

7.3 DocFliq may immediately, without notice, terminate this Agreement and/or stop providing access to the DocFliq Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) DocFliq believes in good faith that such action is reasonably necessary to protect the personal safety or property of DocFliq, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

7.4 In addition, DocFliq may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the DocFliq Account registration, Listing process or thereafter, or (iv) DocFliq believes in good faith that such action is reasonably necessary to protect the personal safety or property of DocFliq, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, or other Member Content;
  • limit your access to or use of the DocFliq Platform;
  • temporarily or permanently revoke any special status associated with your DocFliq Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your DocFliq Account and stop providing access to the DocFliq Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by DocFliq and an opportunity to resolve the issue to DocFliq’s reasonable satisfaction.

7.5 If we take any of the measures described, you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

7.6 When this Agreement has been terminated, you are not entitled to a restoration of your DocFliq Account or any of your Member Content. If your access to or use of the DocFliq Platform has been limited or your DocFliq Account has been suspended or this Agreement has been terminated by us, you may not register a new DocFliq Account or access and use the DocFliq Platform through a DocFliq Account of another Member.

8. Disclaimer

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

9. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the DocFliq Platform and Collective Content, your publishing or usage of any Listing via the DocFliq Platform, or any other interaction you have with other Members whether in person or online remains with you. Neither DocFliq nor any other party involved in creating, producing, or delivering the DocFliq Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the DocFliq Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the DocFliq Platform, or (iv) from your publishing or usage of a Listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DocFliq has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will DocFliq’s aggregate liability arising out of or in connection with these Terms and your use of the DocFliq Platform including, but not limited to, from your publishing or usage of any Listings via the DocFliq Platform, or from the use of or inability to use the DocFliq Platform or Collective Content or interactions with any other Members, exceed the lowest of the (i) amounts you have paid or owe for Listings via the DocFliq Platform in the two months’ period prior to the event giving rise to the liability, or (ii) the amounts paid by DocFliq to you in the two months’ period prior to the event giving rise to the liability, or (iii) INR 2500. The limitations of damages set forth above are fundamental elements of the basis of the bargain between DocFliq and you.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at DocFliq’s option), indemnify, and hold DocFliq and its affiliates and subsidiaries, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or standards, (ii) your improper use of the DocFliq Platform or any DocFliq Services, (iii) your interaction with any Member, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

11. Applicable Law and Jurisdiction

15.1 These Terms will be interpreted in accordance with the laws of India. You and we both consent to the exclusive jurisdiction of courts at Rajkot, India.

12. General Provisions

12.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between DocFliq and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between DocFliq and you in relation to the access to and use of the DocFliq Platform.

12.2 No joint venture, partnership, employment, or agency relationship exists between you and DocFliq as a result of this Agreement or your use of the DocFliq Platform.

12.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

12.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

12.5 DocFliq’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

12.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without DocFliq’s prior written consent. DocFliq may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

12.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by DocFliq via email, DocFliq Platform notification, or messaging service (including SMS and WhatsApp).

12.8 DocFliq reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the DocFliq Platform. We will also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.