Please read. Your use of the Brand Flex platform is subject to these terms of use and our privacy policy. By using the application, you consent to the collection and use of your data following our privacy policy.
Brand Flex reserves the right at its sole discretion, to change, modify and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the App(s) or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the App(s).
1. OWNERSHIP; RESTRICTIONS ON USE
The App(s) content and all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein are owned by Brand Flex and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand, and agree that you shall not have, nor be entitled to claim, any rights in and to the App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the App(s), perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the App(s) or any part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Brand Flex and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
2. YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are conditioned upon Your compliance with each of the following:
- Subject to availability of these functionalities you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (“Applicable Laws”), or that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content;
- You will not send spam, chain letters, pyramid schemes, or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the App;
- You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the App, unless you have obtained prior permission from such user to do so; 5 You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on App(s) content, Software or Services; 6 You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption, etc.) associated with App content;
3. DISCLAIMER OF WARRANTIES
You expressly agree that your use of the app(s) is at your sole risk. The app(s) (and any portion of the app(s)) is provided “as is” “with all faults” and “as available.” to the full extent permitted by law, Brand Flex and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
Neither Brand Flex nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the App(s) or the content of any App, Personal Social Media or other internet or mobile resources linked to the App(s) and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the App(s) (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the App(s); (v) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other App(s) content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of App(s) and/or otherwise through your or any other App(s) users’ exercise of any rights under any of the Licenses granted by Brand Flex herein. Brand Flex reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the App(s) (including, without limitation any of the Services).
4. INDEMNIFICATION
You agree to indemnify and hold harmless Brand Flex and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person’s intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the App through your registered account, in connection with your (and/or such other person’s) use of the App (in whole or in part). Brand Flexreserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brand Flex in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the App.
5. GOVERNING LAW AND JURISDICTION
The relationship between you and Brand Flex shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that (i) Brand Flex has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum, and (ii) any proceeding brought by you shall be exclusively before the courts at Bhavnagar, Gujarat, India.
6. SEVERABILITY; WAIVER
If any provision of these Terms shall be held unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Brand Flex to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the App(s).
7. CANCELLATION/REFUND POLICY
Brand Flex application may not allow refunds. We have informed you of immense details before you choose to subscribe button. If you have a query or question, then you can contact me by e-mail i.e.
We acknowledge that all fees through the Brand Flex application will be non-refundable.
However, if a transaction has been completed by you on the application and money has been debited from your card or net banking but a subscription is not delivered to you, then you can contact us. We will be requesting you to provide your mobile number or e-mail id or your name and We shall investigate and come back to you. Within a working day, we will subscribe to you manually.
Please make sure that before subscribing, read the refund policy.
8. SUBSCRIPTION
To be able to view certain premium content (“Premium Content”), you will be required to subscribe to any one subscription plan (“Plan”) of the Brand Flex App(s) Service viz., the plans available on the App(s) to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of Brand Flex.
You may be required to subscribe to the Brand Flex App(s) Service and such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory unless specifically permitted by Brand Flex. You will be required to re-subscribe to the Brand Flex App(s) Services if you wish to use the services from a different territory other than the one from where you originally subscribed to the Brand Flex App(s) Service.
9. AVAILABILITY
The availability of content(s) to view through Brand Flex App(s) Service will change from time to time at the sole discretion of Brand Flex. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.
10. MISCELLANEOUS
The Privacy Policy (as provided on the Apps(s)), and any other documents, instructions, etc. included on the Apps(s) shall be read in conjunction with and shall form an integral part of these Terms of Use.