Fluvina Technologies General Terms and Conditions Acceptance of Terms The terms "you," "your," and "yours" refer to the customer.
The terms "Company," "we," "us," and "our" refer to Fluvina Technologies Private Limited. These General Terms and Conditions are governed by our Terms of Service. Our Terms of Service take precedence over any conflicting General Terms and Conditions provision. BY USING FLUVINA TECHNOLOGIES SERVICES AND THE FLUVINA TECHNOLOGIES WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE General Terms and Conditions. IF YOU DO NOT AGREE TO THESE General Terms and Conditions PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES. Accuracy and Completeness of Information While Fluvina Technologies strives to ensure that the information contained on this Website is accurate and reliable, Fluvina Technologies makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of this Website. Fluvina Technologies reserves the right to revise the information contained on this Website at any time, in its sole discretion without any obligation to notify past, current or prospective visitors. Your Use of This Website You may download certain content that appears on this Website for your personal use, provided you do not remove or modify any copyright, trademark or other proprietary notices. You expressly agree that no right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet and Fluvina Technologies cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from this Website, and Fluvina Technologies will not be liable for any damages that you may suffer as a result of such download. Changes to the General Terms and Conditions We reserve the right to change these General Terms and Conditions from time to time without notice by posting the changes to Fluvina Technologies’ website. When we do, we will also revise the "last update" date of these General Terms and Conditions. Privacy Policy Fluvina Technologies use of any personally identifiable information you submit to the Website is governed by the Websites Privacy Policy. Disclaimers THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No advice or information, whether oral or written, obtained by a user from Fluvina Technologies, shall create any warranty not expressly made herein. If you download or copy any material from this website, you do so at your sole discretion and risk and consequently you will be responsible for any damage to your computer system or loss of data that results from the download or copying of any material or software. Some of Fluvina Technologies’ Services require the use of third party services, products, or networks. Fluvina Technologies will make commercially reasonable efforts to communicate any policies, requirements, or guidelines of those third parties to you. You agree to follow those policies, requirements, or guidelines. ANY ACTUAL OR ALLEDGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. Fluvina Technologies MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS ALLEDGED BY A THIRD PARTY. Products and Services All products (including software) and services of Fluvina Technologies may only be accessed and used pursuant to a separate product or service agreement. If you have accessed such products or services prior to entering into a separate product or service agreement, such access is in violation of Fluvina Technologies General Terms and Conditions, and you shall immediately cease using such services or delete any such products from your computer or server until such time as you become an authorized user of such products or services. Limitation of Liability IN NO EVENT WILL Fluvina Technologies BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THIS WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF Fluvina Technologies HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST Fluvina Technologies, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED. Indemnification You agree to defend, indemnify and hold Fluvina Technologies and its directors, officers, employees, consultants or agents ("affiliates"), harmless from and against any and all claims, damages, costs, expenses, losses, obligations, liabilities (including reasonable attorneys fees and costs) arising from or related to your use of this website. Links to Third Party Websites Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Fluvina Technologies. Fluvina Technologies has no control over these linked sites, is not responsible for the contents of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the content of these linked sites. Viewing and use of any third party sites is at your sole discretion and risk. Other users and websites may include a link to Fluvina Technologies website by pointing to Fluvina Technologies homepage only. Linking to other content within Fluvina Technologies website without the express permission of Fluvina Technologies is prohibited. Fluvina Technologies is in no way responsible for the content of any third party website linked to Fluvina Technologies website via hyperlink, whether such hyperlink is provided by Fluvina Technologies or by a third party. Under no circumstances will Fluvina Technologies be held liable for any computer viruses, system failure or malfunction that may occur during hyperlink to third party websites. Copyright & Trademark All content included on this website, such as Fluvina Technologies trademarks, text, graphics, logos, button icons, and images, is the property of Fluvina Technologies or its content suppliers and All rights are reserved and protected by Indian Intellectual property law and international copyright and trademark laws. Except where indicated otherwise, the content on this website may only be used as an informational resource for personal, non-commercial use. Any other use, including the framing, reproduction, modification, distribution, transmission, republication, or display of the content in any form without the express written permission of Fluvina Technologies is strictly prohibited. Submissions, Suggestions & Community Participation In the event you elect to communicate to us suggestions for improvements to the Website or any of Fluvina Technologies services or properties (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Fluvina Technologies via comments, forums, emails and the like (collectively, "Communications") shall be considered the property of Fluvina Technologies. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require documenting, perfect, and maintaining our rights to the Feedback and Communications. Trademark Notice Company, product, and service names mentioned in these documents may be trademarks and/or service marks of others. Miscellaneous This agreement will be governed by and construed in accordance with the laws of India and jurisdiction will be on Fluvina Technologies Corporate office. In the event that any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, that provision shall be construed so as to give closest effect to the intent of the parties, and the remaining portions of this agreement shall remain in full force and effect. Nothing contained in this agreement shall be construed as creating a joint venture, partnership, agent or employment relationship between you and Fluvina Technologies. The failure by Fluvina Technologies to enforce any section of this agreement shall not be construed as a waiver of such provisions or of the right to enforce that, or any other, provision of this agreement. No waiver will be construed as a continuing waiver. Fluvina Technologies reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time without prior notification. In addition, when using a particular Fluvina Technologies service, you and Fluvina Technologies shall be subject to any posted guidelines or rules applicable to such service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the terms. Fluvina Technologies may terminate, change, suspend or discontinue any aspect of the Fluvina Technologies website, including the availability of any features of the website or Fluvina Technologies services, at any time. Fluvina Technologies may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. This agreement represents the sole and exclusive agreement between you and Fluvina Technologies regarding the subject matter of this agreement. The parties may amend this agreement at any time by a written instrument signed by both of them. You may not assign any of your rights or obligations under this agreement. Any attempted assignment in derogation of this section shall be null and void.