Applicable from: 6th October 2023

Terms of Use

This Agreement sets forth the terms and conditions that apply to the access and use of the mobile application known as ffreedom app (hereinafter referred to as “Mobile App”, “FFA”) and the ffreedom.com website (“Website”), which is owned and operated by Suvision Holdings Private Limited, (hereinafter referred to as “SHPL/Company”), a company incorporated under the laws of India and registered under the Companies Act, 1956.

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 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 the Mobile App.

By accessing the Website/Mobile App or registering an account on the Website and Mobile App, the users (hereinafter referred to as “you”, or “your”) agree to be bound by the terms and conditions of these Terms of Use, the Legal Disclaimer and the Privacy Policy.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website/Mobile App, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND SHPL FOR THE PURPOSE AS DEFINDED HEREUNDER.

 

KEY TERMS AND CONDITIONS

The ffreedom app is an Education and Livelihood platform set up and being run to empower every individual to earn a livelihood. The mission of the Company is to provide access to livelihood education through courses taught by exceptionally successful mentors and to provide access to livelihood opportunities through community-led commerce.

 

I. INTRODUCTION

The Terms of Use (“Agreement”) sets forth the terms and conditions that will apply to your access and use of the Mobile App, which is owned and operated by the Company. By registering for the Services (as defined later), you agree to be bound by the terms of this Agreement and the Legal Disclaimer and Privacy Policy available at the Website/ Mobile App and as may amended from time to time.

SHPL reserves the right to make changes to the Agreement at any time. Your continued use of the Website/ Mobile App and/or Services shall mean your deemed acceptance of the modified Terms.

The Company reserves the right to refuse service to anyone at any time due to a violation of the Agreement or misuse of the fora available on the Mobile App for any purpose which is not expressly permitted/authorized by the Company or for any other reason.

“Sensitive personal data or information” would mean and include but is not limited to:

  1. KYC details - Name, Location, Image
  2. Mobile Number, one time password for each of your linked account.
  3. Financial information such as Bank account or credit card or debit card or other payment instrument details.
  4. Linked account information, transaction data, Biometric information or as provided by applicable law /Notification/Circular/Act etc.
  5. Any detail relating to the above clauses as provided to SHPL for providing service.
  6. Any other information voluntarily uploaded by you on the Mobile App/Website
  7. And any of the information received under above clauses by the company ‘SHPL’ for processing, stored or processed under lawful contract or otherwise.

Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.

You hereby authorize and appoint SHPL/ its third-party service provider as an agent with limited power of attorney to access your sensitive personal data or Information as defined hereinabove for providing you appropriate services, offer/deals/cash back/discounts/curation services and any other Additional Service(s) through the Mobile App,

 

II. ACCEPTANCE OF TERMS

This Agreement describes the terms governing usage of the Services provided to you on the Website/Mobile App. After you have read and reviewed all the terms of the Agreement, you shall click “continue” on the registration page, and enter the OTP received on your registered mobile number provided by you. This shall be considered as your acceptance of this Agreement. Upon your acceptance of the terms, the Company shall have rights to send the various notifications regarding FFA on your registered mobile number through message, push notification or through WhatsApp (including calls/messages). Your continued usage of the Services from time to time would also constitute continued acceptance of the Terms including any updation or modification thereof and you would be bound by this Agreement and its various amendments, if any, until this Agreement is terminated in accordance with the provisions herein.

Your electronic consent, accepting the Agreement, represents that you have the capacity to be bound by it, or if you are acting on behalf of any person, that you have the authority to bind such person. If you choose not to accept the Agreement, you will not be entitled to use the Services. However, SHPL has the option to reject your registration to this Mobile App without assigning any reasons whatsoever.

SHPL reserves the right at its sole discretion to make changes to the Agreement, for such reason as it deems fit and proper, including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services, company reorganization, market practice or customer requirements. Upon any change, SHPL will notify the updated Terms on the Mobile App or other means. Your continued use of the Services constitutes acceptance of the changes and an agreement to be bound by Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services.

You can review the most current version of the Agreement at any time, by clicking the Terms & Conditions link on the login page or from the profile section of the Mobile App.

You agree and authorize SHPL to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value-added services. You agree to receive emails from SHPL or its third-party vendors regarding the Services updates, information/promotional emails and/or product announcements.

 

III. YOUR REGISTRATION

You have to first register yourself with your necessary personal information to start the basic services on the Mobile App. Upon successful registration to the App, your account would be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your account and the generated OTP which, together with your phone number, allows you to access the Services. Your phone number and OTP together with any other contact information you provide, form your “Registration Information”.

By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number through mails, calls, text messages and WhatsApp messages. It is your responsibility to update any changes to your email address and mobile number. Notices/information will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on the Website, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify SHPL immediately at the customer service helpdesk, the details of which are available on the Website/Mobile App. SHPL shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to SHPL.

The company will provide you ffreedom coins and give a chance to redeem the same while subscribing to the ffreedom app package. 10 freedom coins will be equivalent to Rupee 1/- (one).

You will be eligible to redeem your freedom coins having the value of up to 25% of the subscription package price.

Upon successful registration on the App, you will get 1,000 ffreedom coins. Further, by completing your mandatory profile details you will receive 2,500 numbers ffreedom coins and for uploading your profile picture, 1,500 ffreedom coins will be credited in your account. Besides, the Company gives you the opportunity to earn ffreedom coins by watching course video or trailer video to the tune of 1 coin for every 10 minutes. You will also earn 10 ffreedom coins daily upon opening the App.

 

IV. ACCURATE REGISTRATION INFORMATION

You shall provide true, accurate, current and complete information about yourself and the accounts linked to your account. You shall undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by SHPL. You agree not to misrepresent your identity nor will you make an attempt to make unlawful access to the Mobile App or use of the services.

 

V. SUBSCRIPTION/PURCHASE OF PACKAGE/SERVICES

To avail complete services i.e., to have complete access to all exclusive courses available in the App, to join course communities, to be a part of FFA members community, to have dedicated financial freedom coach advice, to have access to digital live events, to download your favourite courses or avail other valuable services such as one-on-one mentor interactions, webinars (“Services”), you will have to select, subscribe and pay for the available subscription packages as described and specified by the company to you. These packages are sold on the basis of duration of access to the Mobile App or may be provided as lifetime access to any course or may be one-time services.

You also have the option of purchasing individual courses for which there are separate prices listed on the application. Purchasing an individual course grants lifetime access to the course only. The rest of the paid features of the Mobile App i.e. Services will not be accessible.

There are also additional services being provided by SHPL such as access to one-on-one time with experts in various fields, relevant webinars on interesting topics, and other additional services as may be included by SHPL from time to time. The price of these services will be determined item-wise and revised from time to time at the discretion of SHPL and will be listed on the purchase page for each of these services, where terms and conditions regarding such purchase will also be detailed.

At the discretion of SHPL, a certain number of such one-on-one interactions and/or webinars may be made available for free along with a subscription or with a purchased course. Such free interactions and/or webinars will be limited in number and provided at the discretion of SHPL, along with such terms and conditions as may be determined by the Company.

Each of the above are jointly and severally referred to as Services, as referred to above.

By providing your basic necessary information together with your registered mobile number, you can create your account and make payment for the particular package by selecting the payment method provided (i.e., credit card/debit card/internet banking/UPI). Access to the profile will require a onetime password (OTP) that will be sent to your registered mobile number. Fresh OTP will be generated in case you login again with your registered mobile number after logged out your account.

Upon successful subscription/purchase of any or all of the Services, you will receive an acknowledgement mail with a copy of Invoice generated, from the Company.

Anytime during your subscription/after your purchase, you are allowed to change and update your registered mobile number by sending a change request to coach@ffreedom.com (email id) through your registered email id. Once the OTP is verified with your new number, it can be used for login to your FFA account subsequently. No new invoice will be generated with the changed mobile number.

Upon successfully subscribing to the selected package you can access the available course videos and become a part of the common communities available for FFA Members, where you can interact and share knowledge with others and have access to the contents and webinars hosted by the community admins i.e., coaches.

There are different communities available or established with each and every course wherein by joining you can connect with the others and share information, documents, images, videos, links and ask queries. You can join these communities only after completing the respective linked course and by accepting the terms to join the group. Clicking to “Accept the terms” option is your deemed acceptance to join and use the particular community. The company shall not be responsible in any way to any of the contents, information, documents, images, videos, links shared in the community/group. You are solely responsible for whatever information/documents you share/exchange in the community/group.

 

VI. ALERTS/ONLINE INFORMATION

SHPL may send automatic alerts and voluntary account-related alerts from time to time. Certain voluntary account alerts may be turned on by default. You may customize, deactivate or reactivate these voluntary alerts based on your individual preferences and options available. SHPL may add new alerts (automatic/voluntary/compulsory) from time to time, or cease to provide certain alerts at any time, at its sole discretion. Each alert has different options available and you may be asked to select from among these options on activation of your alerts service.

The alerts may be sent to you electronically on your email address and/or mobile number as per your most recent Registration Information available with SHPL or through push notifications on your phone. Changes to your email address or mobile number will apply to all of your alerts. You hereby agree and consent to receive all transactional alerts at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize SHPL to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorized agents or third- party service providers.

However, sending short messaging service (SMS) alerts are subject to TRAI regulations and also to your telecom service provider, as may be applicable from time to time. SHPL cannot be held responsible for non-delivery or delay in delivery of SMS alerts to your mobile number.

You agree and understand that alerts are not encrypted. Alerts may include some of your personal and sensitive information. Anyone with access to your email/mobile will be able to view the content of these alerts therefore you should take proper care to prevent any unauthorized access to the said alerts to protect your own interest.

While SHPL would endeavour to provide alerts under the Services in a timely and accurate manner, you understand and agree that any such alerts may be delayed or prevented by a variety of factors. You agree that SHPL shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party, on the reliance of an alert. Further, the delivery of alert messages is subject to compliance of any local laws or guidelines, as may be enforced from time to time and you agree to abide by such compliance requirement, as and when notified by governing authorities.

 

VII. PROTECTION OF YOUR PERSONAL INFORMATION

The Privacy Policy explains how SHPL treats your personal information when you access the Mobile App and use other ancillary Services. You agree and authorize SHPL to share your information with its group companies, associate companies, third party service providers, so far as required for joint marketing purposes/offering various services/report generation and/or to similar services to provide you with various value-added services. However, in no event your personal information would be shared with any third party solely for commercial purpose.

SHPL may transfer sensitive personal data or information to another Indian or overseas body corporate if it is necessary for the performance of Services, and you hereby consent to such data transfer.

You agree and understand that all Account Credentials of other Financial Institutions provided by you for your use/consolidated view are encrypted and stored by our database.

Reminder service uses basic functionality of the device hence SHPL does not own any responsibility related to any delay or no-alert raised on-time.

 

VIII PRIVACY STATEMENT

The Mobile App may require the user to pay with a credit card, debit card or net-banking or UPI for Services for which subscription amount(s) is/are payable. It is the user’s responsibility not to disclose their credit card number and any other online payment credentials to the third parties as necessary to complete such operation. Verification of credit information, however, is accomplished solely by the user through the authentication process. User’s credit-card/debit card details are transacted upon highly secure sites of approved payment gateways which are digitally encrypted, thereby providing the highest possible degree of care as per latest available technology.

User account information is OTP protected for privacy and security. It is user’s responsibility not to disclose your OTP to third parties.

There is a separate privacy policy pertaining to the Mobile App and Website.

 

IX SHARING YOUR PERSONAL INFORMATION

We neither rent nor sell your personal Information to anyone.

 

Certain parts of the Services could be supported by sponsored links from advertisers and display SHPL offers (“SHPL Offers”) that may be custom-matched to you based on information stored in the Services, queries made through the Services, or any other information. You agree and understand that SHPL will always disclose such information when particular SHPL Offers are sponsored.

In connection with SHPL Offers, the Services may provide links to websites belonging to such advertisers and other third parties, which are beyond the control of SHPL. SHPL does not endorse, warrant or guarantee the products or services available through the SHPL Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and SHPL shall neither be construed as an agent or broker of such advertisers or third parties, nor otherwise be responsible for the activities or policies of their websites. The usage of such service, if any, shall be entirely on the basis of the terms and conditions between you and the service provider.

SHPL does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Website/Mobile App, are actually the in accordance with the terms that may be offered to you, if you pursue the offer, or that they are the best terms or lowest rates available in the market. There is no affiliation between any person claiming to offer loans/insurance on the app and SHPL, and any claims to the contrary are false and denied.

 

XI. ELIGIBILITY CRITERIA

You declare and confirm that you are, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered herein via the Mobile App

 

XII. DEACTIVATION OF SERVICE(s) and TERMINATION OF AGREEMENT

You shall have an option to deactivate the Service(s) by following the administrative rules prescribed by SHPL from time to time. The deactivation request(s) would be processed and you shall receive deactivation intimation for your future records and reference. Deactivation of Services will automatically lead to the termination of this Agreement. Upon deactivation of Services, SHPL shall not be liable to refund the subscription fee, if any, paid either in whole or in part.

SHPL may, at any time, terminate this Agreement with you immediately upon notice:

XIII. INTELLECTUAL PROPERTY RIGHTS

The contents of the Mobile App, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programmes) and other material are the owned/licensed by/to SHPL and/or its Third-Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws. You acknowledge and agree that SHPL and/or its licensors or suppliers own all rights to this Mobile App, the content displayed on the Mobile App and any intellectual or proprietary property and/or technology (in any form) made available to you as a part of or in conjunction with the Services.

You are only permitted to use any of the foregoing as expressly authorized by the Agreement, and otherwise, by the Service. You may download or print a copy of the information provided on this Mobile App for your personal, internal and non-commercial use only. You may not copy, re-print, reproduce (electronically or otherwise), distribute, or create derivative works from any content on the Mobile App, in whole or in part, for any other purpose without our prior written consent. Further, you agree not to reverse engineer or reverse compile any technology associated with the Service, including but not limited to any software applications or Java applets associated with the Services Content, from the Website/ Mobile App, in whole or in part.

 

XIV. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHPL AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THE THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHPL AND ITS THIRD-PARTY SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY DATA FROM ANY THIRD PARTY OR FOR ANY INTERRUPTIONS IN THE AVAILABILITY OF ANY SERVICES, WHETHER THE RESULT OF ACTIONS BY SHPL, OR ANY THIRD PARTY. SHPL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE MOBILE APP OR OF THE SERVICES (WHETHER OR NOT SPONSORED BY THIRD PARTY SERVICE PROVIDERS), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SHPL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. CATEGORIZATION OF YOUR TRANSACTIONAL INFORMATION WITHIN THE SERVICES IS ESTIMATION PROVIDED FOR YOUR INFORMATION ONLY, AND SHPL DISCLAIMS ALL WARRANTIES OF ACCURACY FOR ANY USE, INCLUDING WITHOUT LIMITATION, TAX DEDUCTION. SHPL AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHPL OR ITS SERVICE PROVIDERS OR THROUGH OR FROM SHPL OR ITS SERVICE PROVIDERS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

XV. DISCLAIMER ON CONTENT

The content of the courses on the Mobile App do not constitute any offer or solicitation to offer or recommendation or endorsement of the activities being explained in the said courses. There is also no guarantee regarding the quantum of earnings/other milestones detailed in the courses that can be achieved by watching the courses. These courses are for educational purposes only and have been prepared to create knowledge and awareness about various facets of agriculture/farming, personal finance and small business, among others. SHPL is not affiliated with the government or with any department thereof, unless there is specific claim of such affiliation made by SHPL. The contents of the courses do not take into account your individual needs, career/financial objectives and specific financial circumstances. Any representation received from a third party professing to be affiliated with SHPL, offering to provide/facilitate/assist with any financial service are false and SHPL is not liable or responsible for such representations. SHPL is also not responsible for any representations made by any third party on the Website/Mobile App. Watching the courses does not guarantee success in any field as there are various factors that contribute to success in any area and SHPL cannot be held to be responsible for any direct or indirect loss incurred by you as a result of watching and/or implementing the ideas professed in the courses. SHPL is also not liable to ensure the continued accuracy of the information available on published courses, although the information is accurate to the best of its knowledge as on the date of publication of each course. SHPL also retains the right to edit or deactivate or delete any of its courses, or parts thereof, at any time.

 

XVI. LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER SHPL NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, THIRD PARTY DEVELOPERS, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF SHPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES. (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM SHPL. (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE. (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.

NIETHER SHPL NOR ANY OF ITS AFFILIATES , DIRECTORS , OFFICERS OR EMPLOYEES, WILL BE LIABLE OR HAVE ANY RESPONSIBILTY OF ANY KIND FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE THAT YOU MAY INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE/MOBILE APP, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS MOBILE APP OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU, OR from any other cause relating to your access to, inability to access, or use of the Mobile Application or these materials, whether or not the circumstances giving rise to such cause may have been within the control of the Website/Mobile App or of any vendor providing software or services support. In no event, will SHPL be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind.

 

XVII. RULES FOR POSTING

As part of the Services, SHPL may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Website. These forums may be hosted by SHPL or by one of its third-party service providers on SHPL behalf. While posting any content, you agree to follow certain rules, including but not limited to the following:

  1. You shall be solely responsible for all content you post on the Mobile App.
  2. By submitting content to us, you represent that you have all necessary rights and hereby grant SHPL a perpetual, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Website/Mobile App and SHPL business, including without limitation for promoting and redistributing part, or all of the site/mobile app (and derivative works thereof) in any media formats and through any media channels.
  3. You also hereby grant other users of the Services a non-exclusive license to access your posted content through the Website/Mobile App, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Website/Mobile App and under this Agreement.
  4. You shall not post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or programme that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law or that is otherwise inappropriate.
  5. You shall not post or transmit any message, data, image or programme that would violate the property rights of others, including unauthorized copyrighted text, images or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
  6. You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure, or that negatively affects the availability of the Service to others.
  7. Except where expressly permitted, you shall not post or transmit charity requests, petitions for signatures, franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), community memberships, chain letters, or letters relating to pyramid schemes. You shall not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (eg. a classified bulletin board) that are designated for such a purpose.
  8. You shall not copy or use personal, identifying or business contact information about other users of the Services without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
  9. You agree that SHPL may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant SHPL a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty- free license to use the feedback you provide to SHPL in any way.
  10. You agree to also comply with Community Guidelines, in addition to the terms of this Agreement.

XVIII. MISCELLANEOUS

Service Limitations

SHPL will try to make your experience with the Mobile App a productive one. However, SHPL cannot always foresee or anticipate technical or other difficulties. The Services may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that, except as explicitly stated otherwise in these Terms, the Services are provided "AS IS", without warranties of any kind. SHPL does not assume responsibility for the timelines, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

SHPL and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Mobile App, and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. SHPL will not be responsible for any liability arising out of delay in providing any information on the Website/Mobile App.

App membership and subscription period once selected and paid for shall be allowed to be changed only at the time of renewal or post expiry of the existing period covered under the subscription. No charge back and refund shall be admissible under any circumstances. The amount once paid to subscribe for the package will not be refunded.

 
Service Changes and Discontinuation

SHPL reserves the right to discontinue or suspend, temporarily or permanently, the Services, by giving 48 (forty-eight) hours’ notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website/Mobile App or maintain the security and integrity of the Services. You agree that SHPL will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.

 
Password Protection

You shall not be entitled to avail of the Services without the use of a mobile number and OTP. You are responsible for maintaining the confidentiality of your Account, and you shall not allow anyone else to use your account at any time. You are fully responsible for all activities that occur using your Account. Please notify SHPL immediately of any unauthorized use or access of your Account, or any other breach of security. SHPL will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

 
Customer Service Requests

If you request customer service assistance or report a problem with the Services, it may be necessary for SHPL to access your Mobile App account and view your account information.

 
Obey the Law

You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

 
Use of Message Boards, Chat Rooms, Marketplace and Other Communication Forums

If Mobile App contains messages, boards, chat rooms, calling or other message or communication facilities (collectively, "Fora"), you agree to use them only to send and receive messages and material that are proper and related to the Mobile App and/ or the particular Forum in which you are issuing a communication. Forbidden communications include but are not limited to the following illustrative list, which you shall agree not to do:

  1. Defame abuse, harass, stalk, threaten
  2. Defame, harass, abuse, stalk, threaten insult, harm, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  3. Publish post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  4. Upload files that contain software or any other material protected by intellectual property laws (or by rights of privacy and /or publicity) unless you own or control the rights there to or have received all necessary consents
  5. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or that will affect the functionality or operation of the ffreedom App or of any related website, other websites, or the Internet;
  6. Conduct or forward surveys, contests, or chain letters or in any other manner, spam, phish, pharm, pretext, spider, crawl, or scrape;
  7. Download any file posted by another user of a Forum that you know, or that you are reasonably expected to know, cannot be legally distributed in such manner.
  8. Use the ffreedom app and/or its fora for any unlawful purpose and/ or to solicit others to perform or participate in any unlawful acts.
  9. to violate any international, national, state statutes regulations, rules, laws, or local ordinances;
  10. to collect or track the personal information of others;
  11. for any obscene or immoral purpose; or
  12. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Mobile App for violating any of the prohibited uses detailed above or any other use that is deemed to be incorrect at the sole discretion of the Company.

We have an obligation to monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Agreement.

You agree that your activities on the Mobile App will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false phone number, email address and/or pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 
Access and Interference

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website/Mobile App, or any portion of the Website/Mobile App, without SHPL’s express written consent, which may be withheld at SHPL’s sole discretion.
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile App, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer).
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website/Mobile App or the Services.
  4. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Mobile App or the Services.
  5. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes other than as provided herein without the prior written consent of the Company. The Company reserves all rights not expressly granted in Mobile App and its contents.
Restrictions on Commercial Use or Resale

Your right to use the Services is personal to you. Therefore, you agree not to resell or make any commercial use of the Services.

 
Right to use Information

Your usage of this Mobile App provides an implied license to SHPL and its service providers to use, modify, display, distribute any information, data, materials, or other content you provide to SHPL and that is retrieved from third party sites at your request and new material created (collectively, "Content") for the purpose of providing the Services.

In addition, SHPL welcomes your feedback as a user of the Services. Any feedback you provide will become the confidential and proprietary information of SHPL, and you agree that SHPL may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to SHPL. SHPL shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into SHPL or other SHPL software or services.

 
Endorsements

All product and service marks contained on or associated with the Services that are not SHPL marks are the trademarks of their respective owners. SHPL would require you to respect the same. References to any such names, marks, products or services of third parties or hypertext links to third party sites or information does not imply SHPL’s endorsement, sponsorship or recommendation of the third party, information, product or service.

 
Not an Investment Advisor, Planner, Broker or Tax Advisor

Neither SHPL nor the Services are intended to provide any legal, tax or financial or securities-related advice. You agree and understand that SHPL is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The Services are intended only to assist you in your financial education and decision-making and are broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation.

Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisors who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimer provided on the Mobile App.

However, SHPL may facilitate the above services via any Third-Party service provider/ Intermediary in the capacity of agency services.

 
Force Majeure

Under no circumstances shall SHPL and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, epidemics/pandemics, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

 
Indemnification

You agree to indemnify, defend, hold harmless, protect and fully compensate SHPL, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers, agents, contractors, sub-contractors, suppliers, interns, and directors, from any and all third-party claims, liability, damages, expenses and costs (including but not limited to reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of the Agreement or the documents it incorporates by reference and/or your infringement, or infringement by any other user of your Account, or your violation of any law or the rights of a third-party of any intellectual property or other right of anyone.

 
Electronic Communications

This Agreement and/or any notices or other communications regarding the Services may be provided to you electronically, and you agree to receive communications from SHPL in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, registered mobile number, as a push notification on the Mobile App, etc. All communications in electronic format will be considered to be “in writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying SHPL of your decision to do so. If you revoke your consent to receive communications electronically, SHPL shall have the right to terminate the Services at its sole discretion.

 
Assignment

You shall not assign your rights and obligations under this Agreement to any other party without the consent of SHPL.

SHPL may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

 
Exclusive Agreement

You agree that the Agreement is the complete and exclusive statement of agreement between you and SHPL and supersede any proposal or prior agreement, oral or written, and any other communications between you and SHPL and its Third-Party Service Providers or processor bank/merchants relating to the subject matter of the Agreement. The Agreement, as may be amended from time to time, will prevail over any subsequent oral communications between you and SHPL and/or the processor bank.

 
Arbitration

Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by SHPL and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, a panel of three arbitrators shall be appointed, of which one shall be appointed by each of us, and the presiding appointed by the two arbitrators. The seat and venue for arbitration shall be Bengaluru. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.

 
Governing Law and Jurisdiction

The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions where any of the stipulations of this Agreement may be rendered void. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Bengaluru having exclusive jurisdiction.