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Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.fieldflicks.com website and FieldFlicks application for mobile and handheld devices.

  1. These terms of use ("Terms of Use") govern your use of our website www.fieldflicks.com (the "Website") and our "FieldFlicks" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading, or even merely using the Platform, you shall be contracting with FieldFlicks and you signify your acceptance to this Terms of Use and other FieldFlicks policies as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install, or use the Platform, and create a legally binding arrangement to abide by the same.
     

  2. The Platform is owned and operated by FieldFlicks, a Sole Proprietorship of Chand Amin having PAN No. CIQPA7758F and having its office at Flat No. 502, Ann Abode Condominiums, St. Martin’s Road, Bandra (West), Mumbai – 400 050, Maharashtra. For the purpose of these Terms of Use, wherever the context so requires, "you", “user,” or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "FieldFlicks", "we", "us" or "our" shall mean FieldFlicks, a Sole Proprietorship of Chand Amin.
     

  3. FieldFlicks enables transactions on its Platform between participating turfs/merchants, dealing in (a) turf bookings for the purpose of playing sports, (b) turf bookings for hosting events, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and book ("Orders") from a variety of services listed and offered for bookings for a set time period by various merchants including but not limited to the turfs ("Merchant/s"), registered, and listed on the Platform.
     

  4. FieldFlicks enables confirmation of such Orders at select localities of serviceable cities across India by connecting Buyer/s with Merchant/s. For Platform Services, FieldFlicks is merely acting as an intermediary between the Merchant/s and Buyer/s.
     

  5. Amendments

    These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other FieldFlicks policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other FieldFlicks policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other FieldFlicks policies. As long as you comply with these Terms of Use, FieldFlicks grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and FieldFlicks policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.
     

  6. Use of Platforms and Services

 

FieldFlicks may, however, offer support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call center support and other ancillary services.

 

Upon acceptance of any Order by the Merchants, the services undertaken by the Merchants, shall constitute a separate contract for services between Merchants & Buyers. FieldFlicks shall not be responsible for the services provided by the Merchants to Buyers through the Platform. FieldFlicks may, however, offer support services to Merchants in respect of service fulfilment, payment collection, call center support, and other ancillary services, pursuant to independent contracts executed by FieldFlicks.

 

FieldFlicks does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. FieldFlicks takes no responsibility for such offers.

 

FieldFlicks neither make any representation or warranty as to specifics of the services (such as) or services proposed to be provided or offered to be provided or purchased on the Platform nor does implicitly or explicitly support or endorse these services on the Platform. FieldFlicks accepts no liability for any errors or omissions, whether on behalf of itself, Merchants or third parties.

 

FieldFlicks is not responsible for any non-performance or breach of any contract entered between Buyers and Merchants, and between Merchants/Buyers on the Platform. FieldFlicks cannot and does not guarantee that the concerned Buyers and Merchants will perform any transaction concluded on the Platform. FieldFlicks is not responsible for unsatisfactory or non-performance of services or delays as a result of services being unavailable.

 

FieldFlicks is operating an online platform and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take responsibility of any of the services offered by the Merchant. At no time shall FieldFlicks hold any right, title or interest over the products/services nor shall FieldFlicks have any obligations or liabilities in respect of such contract entered between Buyer.

 

FieldFlicks is only providing a platform for communication/facilitating services, and it is agreed that the contract for any of the services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to service specific issues, FieldFlicks shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific service to which the complaint relates, to enable satisfactory resolution of the complaint.

 

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

  1. Use of the Website and Apps (Android and iOS)

    You agree, undertake, and confirm that your use of Platform shall be strictly governed by the following binding principles:

    You shall not host, display, upload, download, modify, publish, transmit, update, or share any information which:

    • belongs to another person and which you do not have any right to;

    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    • is misleading or misrepresentative in any way;

    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;

    • harasses or advocates harassment of another person;

    • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

    • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;

    • promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

    • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;

    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    • contains video, photographs, or images of another person (with a minor or an adult);

    • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, FieldFlicks' prior written consent means a communication coming from FieldFlicks' Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

    • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

    • interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;

    • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

    • harm minors in any way;

    • infringes any patent, trademark, copyright, or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

    • violates any law for the time being in force;

    • deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    • impersonates another person;

    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data, or personal information. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;

    • is false, inaccurate, or misleading;

    • directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force; or

    • creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

  3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.

  4. You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

  5. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'FieldFlicks', or otherwise engage in any conduct or action that might tarnish the image or reputation, of FieldFlicks or Merchant on platform or otherwise tarnish or dilute any FieldFlicks' trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned, or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or FieldFlicks' systems or networks, or any systems or networks connected to FieldFlicks.

  6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

  8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of FieldFlicks and/or others.

  9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

  10. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

  11. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

  12. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

  13. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. FieldFlicks shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect FieldFlicks' views. In no event shall FieldFlicks assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

  14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

  15. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

  16. FieldFlicks shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

8. Account Registration

 

You may access the Platform by registering to create an account ("FieldFlicks Account") and become a member ("Membership/Member"); or (c) you can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your FieldFlicks Account with Third Party Accounts, by either:

  • Providing your Third-Party Account login information to us through the Platform; or

  • allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
     

You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

 

By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (" SNS Content") so that it is available on and through the Platform via your FieldFlicks Account.

 

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be your content for all purposes of these Terms of Use.

 

Depending on the Third-Party Accounts, you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your FieldFlicks Account on the Platform.

 

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform.

 

We will create your FieldFlicks Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one FieldFlicks Account and are not permitted to create multiple accounts. FieldFlicks reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

 

You agree to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

 

We reserve the right to suspend or terminate your FieldFlicks Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users, or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other FieldFlicks policies.

 

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your FieldFlicks Account, whether you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your FieldFlicks Account.

 

Services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as a Merchant for other parties.

 

 

9. Order Booking and Financial Terms

 

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, FieldFlicks will, subject to the terms and conditions set out herein, facilitate services through the Platform.

 

FieldFlicks does not own, sell, or resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants.

 

As a general rule, all Orders placed on the Platform and Services are treated as confirmed.

 

However, upon the Buyer’s successful completion of booking an Order, we/ the Merchants may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated confirmation time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.

 

In addition to the foregoing, we/ the Merchants may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that FieldFlicks reserves the right to not to process Buyer's Order in the event Buyer or Merchant is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.

 

All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept, and agree that the payment facility provided by FieldFlicks is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, FieldFlicks is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

 

Buyers acknowledge and agree that FieldFlicks acts as the Merchant's payment facilitator for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.

 

The Buyer agrees to pay for the total amount for the Order placed on the Platform. FieldFlicks will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or turf service for the Merchant. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

 

In connection with the Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. The Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

 

The final tax bill will be issued by the Merchant (if registered for tax purposes) to the Buyer along with the Order and FieldFlicks is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. FieldFlicks holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

 

In order to continually improve and provide you/ Buyer with a seamless experience we need to ensure maintenance and upkeep of our application/platform. For such upkeep and maintenance, we may, charge a nominal non-refundable amount from you/Buyer as ‘platform fees.’

 

Disclaimer: Prices on any service(s) as reflected on the Platform may due to some technical issue, typographical error or information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer’s Order(s).

 

The Merchant shall be solely responsible for any warranty/guarantee of the services sold to the Buyers and in no event shall be the responsibility of FieldFlicks.

 

The transactions are bilateral between the Merchant and Buyer, therefore, FieldFlicks is not liable to charge or deposit any taxes applicable on such transactions.

 

10. Cancellations and Refunds

 

No Cancellation or Termination:

 

FieldFlicks membership once purchased, cannot be cancelled, or Terminated in the effective period of the membership.

 

Modification / Cancellation of membership by FieldFlicks

 

FieldFlicks may cancel or modify Your FieldFlicks membership at its sole discretion without notice. If we do so, we will issue a prorated refund based on the number of full months remaining in your FieldFlicks membership. However, we will not give any refund for cancellation of FieldFlicks membership related to conduct that we determine, in our sole discretion, violates these Terms, the Privacy Policy or any applicable law, or any conduct that we in our sole capacity decide involves fraud or misuse of the FieldFlicks Membership. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

 

Important notice:

 

These Terms are special terms and as such restricted to only Buyer Orders made through FieldFlicks on participating turfs when You are a FieldFlicks Plan Member and as such does not supersede the FieldFlicks Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice posting changes on the Platform and you shall be responsible to update yourself of such changes, if any, by accessing the changes on the Platform. Your continued usage of the FieldFlicks Program after any change is posted constitutes your acceptance of the amendments.

 

General Terms & Conditions:

 

We reserve the right to accept or refuse membership in our sole discretion.

 

We may send you an email, or other communication related to FieldFlicks Membership (regardless of any settings or preferences related to your FieldFlicks account).

 

You may not transfer or assign your FieldFlicks Membership or any FieldFlicks benefits, except as allowed in these Terms.

 

From time to time, we may choose in our sole discretion to add or remove FieldFlicks Membership benefits.

 

The services shall always be provided by the Merchant and all other terms and conditions as enumerated in the Terms of Use are applicable as is.

 

FieldFlicks reserves the right to offer this FieldFlicks membership in select cities and on select turfs, at its sole discretion.

 

FieldFlicks Membership feature is available only on the App.

 

FieldFlicks membership can be used only on 2 devices at a time. FieldFlicks membership is priced for individual and personal usage. Having a 2-device limit reduces the instances of misuse. This will ensure that we are able to serve our members in the most optimal way while still maintaining fair usage within reasonable parameters. This ensures that we continue to make the membership affordable for all consumers and sustainable for FieldFlicks.

 

Limitation of Liability

 

In addition to other limitations and exclusions in FieldFlicks' conditions of use and sale, in no event will we or our directors, officers, employees, or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to FieldFlicks. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your FieldFlicks membership.

 

These Terms and Conditions are co-extensive and concurrent with FieldFlicks' other Terms and Conditions and the Privacy Policy listed on this Platform. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this FieldFlicks Membership and the same need not be expressly repeated herein.

 

11. Terms of Service

 

The Buyer agrees and acknowledges that FieldFlicks shall not be responsible for:

 

The services provided by the Merchants including but not limited to booking of turfs suiting your requirements;

 

The Merchant's services or products not being up to Buyer expectations or leading to any loss, harm, or damage to him/her;

 

The availability or unavailability of certain services on the app/website;

 

The Merchant serving the incorrect Orders; or

 

Product liability of services provided by Merchants.

 

The details of the services and price list available on the Platform with respect to turf services, products or any other services are based on the information provided by the Merchants and FieldFlicks shall not be responsible for any change or cancellation or unavailability.

Buyers may not be able to avail Services if their turf location is outside FieldFlicks' current scope of Service. FieldFlicks will keep the Buyer informed of the same at the time of confirming his/her Order booking.

 

Buyer understands that service completion time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from Merchants. FieldFlicks will not be responsible for any delay in the confirmation of an Order.

 

Buyer’s service will be only provided for the turf booking availed by him/her at the time of making the Order on the Platform.

 

The Buyer shall undertake to provide adequate information and authorizations to accept service. In the event of unavailability of service due to any act or omission attributable to Buyer, the services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

 

The Buyer understands that FieldFlicks' (including Merchant’s) liability ends once service has been provided to him/her, except where the product liability of the Merchant subsists.

 

FieldFlicks does not offer any refunds against products or services already purchased from a Merchant through the Platform unless an error that is directly attributable to FieldFlicks has occurred during the purchase of such product or services.

 

We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

 

If you use the Platform, you do the same at your own risk.

 

Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants.

13. No Endorsement

 

We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

 

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

 

a) Turf Offers:

 

  • FieldFlicks will provide Services to the User through its Platform for the purpose of assisting and offering our User in making payments and availing discounts and/or other Offers/benefits (as applicable) at authorized third-party turf(s), as duly onboarded by FieldFlicks.

  • User with FieldFlicks Services will be entitled to avail certain Offers and benefits on the Invoiced Amount, as determined by FieldFlicks and/or the Merchant and you shall pay the Invoiced Amount via the Platform in accordance with these T&C and other FieldFlicks Policies.

  • We do not however guarantee and are not responsible for the performance of the Merchant (including their personnel or third party at their premises), the services, which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the service, eligibility, or termination of the turf. As provided above in these T&C, we may also terminate your use of the Services and/or your Account upon your committing fraud of any kind with regards to your obligation to pay FieldFlicks or the turf in full for services rendered.

  • We reserve the right to at any time without notice, change the terms applicable to Services, including the value, validity, expiration period, and/or your ability to redeem existing Offers or benefits.

  • Offers are applicable for bookings made through the Platform and cannot be used to avail while directly approaching the Merchant.

  • Contact Us: You may write to us at query@FieldFlicks.in for any further queries with regard to the FieldFlicks Services.

 

b) Offers & benefits:

  • Depending on your city or place of residence, you may be able to avail only certain Offers provided by FieldFlicks and the relevant Merchant, provided that, the User strictly complies with all the terms and conditions of FieldFlicks and the relevant Merchant. For the purposes of clarity, these Offers shall be subject to certain additional terms and conditions, such as the details of such Offer, their validity, etc. Such Offer terms may be changed or modified from time to time. Therefore, prior to availing any Offers, it is your responsibility to review the terms and conditions governing such Offers/benefits provided by FieldFlicks.

  • From time to time, FieldFlicks may run marketing and promotional campaigns which may provide Offers and other promotional offers to be used on the Platforms.

  • Any Offers may not be valid when used in conjunction with other promotions, discounts, or other vouchers. Additional terms and conditions may apply to such Offers.

  • Unless otherwise stated, Offers can only be used on our Platforms.

  • Offers & discounts cannot under any circumstance be combined with other discounts offered by the Merchants such as (but not limited to) other promotions from the turfs, credit card promotions, senior citizen, kids' events, discounts, per-discounted set events etc.

  • FieldFlicks reserves the right to void, discontinue or reject the use of any Offer without any prior notice.

  • We may exclude certain Merchants from the use of Offers at any time without prior notice to you.

 

The Offers:

may be changed or added from time to time. You are advised to check the Offer terms and conditions being offered by FieldFlicks and/or the turfs at the time of making your order/booking;

cannot be exchanged for cash;

can only be availed in the selected city or authorized turfs; and

can only be availed by Users/Members who have subscribed to the Platform.

 

Payment:

Upon booking the required Platform Service(s) from the Merchants, User shall make the necessary payments using the various payment mechanism available on the Platform.
 

The User shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction.
 

Upon fulfilment of payment of the Net Amount via the Platform, you will be required to show the payment confirmation to the turf or its authorized personnel or to the relevant office of such turf.


Other terms and conditions:

Communications from FieldFlicks: If you use our Platform and/or Services, FieldFlicks may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our privacy policy.

Personal Information: Users will be required to share certain personal information with FieldFlicks and/or the Merchant including but not limited to their name, phone number, email address in order to avail the Services and the User hereby permits FieldFlicks to share such personal information with the Merchant for confirming such User's booking and/or such other communication relating to but not limited to the Services or any promotions by the Merchant. FieldFlicks will use these details in accordance with the Privacy Policy published here.

 

Technical Requirements: Use of the Services requires Internet access through your mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message-based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. FieldFlicks does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.

 

Modifications of Services: FieldFlicks reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Services or these T&C. FieldFlicks shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

 

Intellectual Property Rights and Grant of Rights to User: The features, information, and materials provided and depicted through the FieldFlicks Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the FieldFlicks Content) are provided to User by FieldFlicks or its partners or licensors solely to support User's permitted use of the Services. The FieldFlicks Content in the Platform or Services or these T&C may be modified from time to time by FieldFlicks in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the FieldFlicks Content by User shall constitute a material breach of this T&C. FieldFlicks and its partners or licensors retain all rights in the Services and FieldFlicks Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of FieldFlicks or any third party is granted under this T&C.

 

Applicability of other FieldFlicks Policies: You hereby agree that at all times, this T&C shall be read in conjunction with the other terms and conditions of the FieldFlicks Policies.
 

Termination: FieldFlicks may suspend your ability to use all or any element of the Services or may terminate this agreement effective immediately, without notice or explanation. Without limiting the foregoing, FieldFlicks may suspend your access to the Services if we believe you to be in violation of any part of this T&C (including any FieldFlicks Policies). After any suspension or termination, you may or may not be granted permission to use the FieldFlicks Services or re-establish an Account. You agree that FieldFlicks shall not be liable to you for any suspension or termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which FieldFlicks will have no liability whatsoever.

 

Liability Limitations. Except as expressly specified herein, in no event shall FieldFlicks be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this T&C (including any changes thereto), (2) any use of the FieldFlicks platform, services, the FieldFlicks content, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the services), or (4) your visit to any turf or the performance, non-performance, conduct, or policies of any turf or merchant in connection with the services. In addition, you specifically understand and agree that any third party directing you to the FieldFlicks site by referral, link, or any other means is not liable to user for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the services or the FieldFlicks content.

 

FieldFlicks is neither a Merchant nor otherwise associated with any turf for which a user has made a reservation, claimed an offer or promotion, or paid a bill using the payment services. If the disclaimer of direct damages above is not enforceable at law, except as otherwise expressly set forth in the FieldFlicks policies, you expressly agree that our liability to you (for any cause whatsoever and regardless of the form of the action) will not exceed the last fee you paid. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your FieldFlicks services.

 

These T&C are co-extensive and concurrent with other FieldFlicks Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore shall also be applicable to this FieldFlicks Services and the same need not be expressly repeated herein.

 

You and FieldFlicks understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this T&C and that they represent a reasonable allocation of risk. In particular, you understand that FieldFlicks would be unable to make the Services available to you except on these terms and agree that this T&C will survive and apply even if any limited remedy specified in this T&C is found to have failed of its essential purpose.

 

Disclaimer of Warranties. You understand that use of the services is at your own risk and FieldFlicks cannot guarantee that the services will be uninterrupted or error-free. The services, all FieldFlicks content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an as is basis and without warranty of any kind. FieldFlicks expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. FieldFlicks does not warrant that your use of the services will be uninterrupted or error-free, that FieldFlicks will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. FieldFlicks shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of FieldFlicks.

 

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

Applicable Law & Dispute Resolutions: These T&C shall be governed in accordance with the laws of India. All disputes related to the Services or FieldFlicks Services will be subject to the exclusive jurisdiction of courts of Mumbai only.

 

Third-Party Websites, Applications and Services: The Services may contain hypertext links to websites and applications operated by parties (including the onboarded Merchant) other than FieldFlicks. Such hypertext links are provided for User's reference only, and FieldFlicks does not control such websites and is not responsible for their content. FieldFlicks' inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. FieldFlicks assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.

 

Release: Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (Claims) suffered by you as a result of your (or such recipient's) interaction with or visit to any turf or merchant or from any promotion, offer, product or service of any Merchant. Users must resolve all disputes directly with Merchants. To the maximum extent permitted by applicable law, you hereby release FieldFlicks from any and all such Claims.

 

Severability: If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

 

Assignment This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by FieldFlicks.

 

Waiver: Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right

13. General

 

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access, or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and FieldFlicks policies, you shall immediately discontinue its use. FieldFlicks reserves the right to terminate your Membership and / or deny access to the platform if it is brought to FieldFlicks' notice that you are under the age of 18 years.

 

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password, and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

 

As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules, and guidelines.

 

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and FieldFlicks policies to the attention of all such persons accessing the Platform on your computer or mobile device.

 

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

 

You agree and grant permission to FieldFlicks to receive promotional SMS and e-mails from FieldFlicks or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to info@fieldflicks.com

 

By using the Platform, you represent and warrant that:

 

  • All registration information you submit is truthful, lawful, and accurate and that you agree to maintain the accuracy of such information.

  • Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

  • You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

  • All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

  • You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact marketing@fieldflicks.com

  • You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

  • You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.

  • You will not use another person's username, password or other account information, or another person's name, likeness, voice, image, or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

  • You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet.

  • You will not discriminate against any Merchants, Buyers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive products or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.

  • You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

  • You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, or political or contrary to our interest.

  • You shall not access the Platform without authority or use the Platform in a manner that damages, interferes, or disrupts:

  • any part of the Platform or the Platform software; or

  • any equipment or any network on which the Platform is stored or any equipment of any third party.

  • You release and fully indemnify FieldFlicks and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, FieldFlicks cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
     

Access to the Platform, Accuracy, and security

 

We endeavour to make the Services available during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

 

We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data, or other property as a result of your download, installation, access to or use of the Platform or you are obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

 

We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

 

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

 

14. Relationship with operators if the Platform is accessed on mobile devices

 

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android (each being an "Operator").

 

Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

 

You and we acknowledge that these Terms of Use are concluded between you and FieldFlicks only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

 

The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.

 

We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

 

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

 

You and we acknowledge that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

You must comply with any applicable third-party terms of agreement when using the Platform (e.g., you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

 

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

 

15. Disclaimers

 

The platform may be under constant upgrades, and some functions and features may not be fully operational.

 

Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.

 

We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

 

You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchant’s services.

 

FieldFlicks disclaims and all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the merchant.

 

While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations, or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.

 

The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify, or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

 

We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, or authors be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

 

In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

 

16. Intellectual property

 

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

 

You recognize that FieldFlicks is the registered owner of the word mark ‘FieldFlicks’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or FieldFlicks' or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at chandamin@fieldflicks.com with all relevant information.

 

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us.

 

If you print off, copy, or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

17. Treatment of information provided by you

 

We process information provided by you to us in accordance with our Privacy Policy.

 

Third Party Content

 

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

You acknowledge that when you access a link that leaves the Platform, the site you will enter is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

 

18. IP Notice and Take Down Policy

 

FieldFlicks has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

 

Only the intellectual property rights owner can report potentially infringing services or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

 

Note: FieldFlicks does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, FieldFlicks is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to FieldFlicks.

 

Notice and Take Down Policy Template and Procedures

 

Reporting Instances of Intellectual Property Violations: To file a notice of infringement with FieldFlicks, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

 

To expedite our ability to process your request, please use the following format:

 

Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;

 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FieldFlicks to locate the material;

 

Information reasonably sufficient to permit FieldFlicks to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";

 

The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";

 

Sign the document with either your physical or electronic signature; and

 

Send the written communication to: Email to info@fieldflicks.com

 

Format of notice of infringement:

 

To,

FieldFlicks,

Flat No. 502, Ann Abode Condominiums,

St. Martin’s Road, Bandra (West),

Mumbai – 400 050, Maharashtra.

I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:

 

1. I am the owner of certain intellectual property rights, said owner being named __________________ (" IP Owner").

 

2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.

 

3. I may be contacted at:

Name __________________________________________

Designation/Title & Company _____________________________

Postal Address (with Pin code) ____________________________

Email Address (correspondence) __________________________

Telephone/Fax ________________________________________

 

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.

 

Declared by < >______________________________

 

on < > ___________________________________ at < > ________

 

Truthfully,

 

Signature ________________________

 

(Important Note: (a) FieldFlicks shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) FieldFlicks shall not consider an incomplete request. (c) FieldFlicks' response to such request will include removing or disabling access to material claimed to be the subject of infringing activity. For a detailed term of use of our Platform, please visit https://www.FieldFlicks.com/terms-and-conditions).

19. Contact Us

 

Grievance Officer/Nodal Officer

 

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:

 

Mr. ___________

FieldFlicks

Reg Office: Flat No. 502, Ann Abode Condominiums, St. Martin’s Road, Bandra (West), Mumbai – 400 050, Maharashtra

Phone: +91 7021970138

Email: info@fieldflicks.in

Time: Monday - Friday (10:00 am - 19:00 pm)

 

20. Subscription Fee, Payment, and Activation:

 

FieldFlicks shall charge and You agree to pay such membership fee, as may be determined by FieldFlicks from time to time. You can use Credit Card, Debit Card, Net Banking, FieldFlicks Money and the other available third-party payment options to subscribe to the FieldFlicks program. However, Cash on Delivery (COD) payment option can be used to subscribe to the FieldFlicks program only when clubbed together with the placed Order. The subscription shall be activated upon successful payment through the FieldFlicks Platform. In case FieldFlicks membership is purchased along with an Order and if such Order is canceled, then the membership shall also stand cancelled and the FieldFlicks membership subscription amount will be refunded. You can access the detailed FAQs in the Help Section.

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