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USERS TERMS & CONDITIONS
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 FLOURISHERS EDGE marketplace website www.flourishersedge.com
Your use of the FLOURISHERS EDGE website and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to FLOURISHERS EDGE including the applicable policies which are incorporated herein by way of reference. By mere use of FLOURISHERS EDGE, You shall be contracting with AppItSimple Infotek Pvt. Ltd, the owner of the FLOURISHERS EDGE Website. Moreover, AppItSimple Infotek Pvt. Ltd. has a collection agent in the U.S. namely Bueno Technologies Inc. These terms and conditions including the policies constitute your binding obligations, with FLOURISHERS EDGE.
When you use any of the services provided by FLOURISHERS EDGE through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, 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. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use.
1. DEFINITIONS
FLOURISHERS EDGE Website- is defined as the Website under FLOURISHERS EDGEs control, whether partial or otherwise including and limited to www.flourishersedge.com, the Website from which these terms of use were accessed from and include the FLOURISHERS EDGE Services. The term "FLOURISHERS EDGE", "We", "Us", "Our" shall mean AppItSimple Infotek Pvt. Ltd, and its affiliates.
FLOURISHERS EDGE Services- are defined as the services offered by FLOURISHERS EDGE, including suggestion to Businesses/Organisations/Professionals in selecting desired Software Solution and other services that FLOURISHERS EDGE offers through its website (collectively, “FLOURISHERS EDGE Services”).
“User/ Users” include anyone who Uses/Registers to use the website or uses the services provided and those who register to avail the above mentioned services. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on FLOURISHERS EDGE Website by providing data while registering on the Website as Registered User.
2. RELEVANT CONDITIONS FOR USER (TERMS OF SERVICE)
o Your use of the Service, including any content, information or functionality contained within it, is provided 'as is' and 'as available' with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
o You will not use the service to store, host, or send unsolicited email (spam) or SMS messages. o You understand that the Service can be used for transmission of your Content, and that during processing; your Content may be transferred unencrypted over the Internet.
o Flourishersedge makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free and (iv) and any Service Level Agreement that bugs or errors in the Service will be corrected within a stipulated time.
3. LICENSE TO ACCESS
o FLOURISHERS EDGE hereby grants you a non-exclusive, revocable license to use the FLOURISHERS EDGE website as set forth in the Terms of Use; provided, however, that (i) you will not copy, resell, duplicate distribute, or make derivative works of the Website in any medium without FLOURISHERS EDGEs prior written consent; (ii) you will not alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. (iv)You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
4. USER ACCOUNT AND SECURITY
o FLOURISHERS EDGE is not responsible for the confidentiality of the Users Display Name and Password and User shall be responsible for all activities that occur under their Display Name and Password.
o By merely visiting or using the FLOURISHERS EDGE website, You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, FLOURISHERS EDGE shall have the right to indefinitely suspend or terminate or block access of your membership on the Website.
o Your registration on the FLOURISHERS EDGE website shall be deemed to be your consent to be contacted for any purpose pertaining to sell/purchase or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National User Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
5. PRIVACY POLICY
o Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information/data provided by you during the course of usage of FLOURISHERS EDGE website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. FLOURISHERS EDGE shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes through any social media website. If you object to your information being transferred or used, PLEASE DO NOT USE THE FLOURISHERS EDGE WEBSITE.
6. Data Processing by Software Vendor
o For the purposes of this section:
i. "Controller", "Processor" and "Personal Data" shall assume the meanings ascribed to them as under EU General Data Protection Regulation (EU) 2016/279 ("GDPR") unless otherwise defined.
ii. "Applicable Data Protection Laws" means privacy, data security, and data protection laws, directives, and regulations in any jurisdiction applicable to the Personal Data processed for the Services.
iii. "Primary Purpose" shall mean aiding or assisting Users in their use of the Flourishersedge Services.
iv. "Receiving Controller" means the software vendors that receive the Personal Data from Flourishersedge in connection with the Flourishersedge Services.
v. "Third-Party Provider" means any agent or other third party that the Receiving Controller authorizes to act on its behalf.
o The Software Vendors acknowledge and agree that in fulfilling the obligations under these Terms of Use, Flourishersedge and each of the Software Vendors is an independent controller and third party to the other with respect to Personal Data and will not process the Personal Data as joint controllers. They will individually determine the purposes of processing.
o Where required by Applicable Data Protection Laws, before processing Personal Data to contact prospective software buyers for any purposes other than the Primary Purpose, including for advertising, promotion or marketing ("Secondary Purpose"), the Receiving Controller will provide explicit notice to individuals in writing of the Secondary Purpose and maintain a mechanism enabling individuals to opt-out of the Secondary Purpose at any time.
o The Receiving Controller will have in place reasonable technical and organizational measures to protect Personal Data against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, or access. The Receiving Controller will ensure that such measures provide a level of security reasonable to the risk represented by the processing and the nature of the data to be protected including:
i. maintaining reasonable controls to ensure that access to Personal Data will be limited to individuals who have a legitimate need to process Personal Data under these Terms of Use;
ii. promptly terminating an individuals access to Personal Data when such access is no longer required for performance under these Terms of Use;
iii. using reasonable and secure data transfer methods to transfer any Personal Data across any network other than an internal company network owned and managed by that party;
iv. assuming responsibility for any unauthorized access to Personal Data under the Receiving Controllers custody or control (or Third-Party Provider(s) custody or control); and
v. providing reasonable ongoing privacy and information protection training and supervision for all personnel (including Third-Party Providers) who process Personal Data.
o In fulfilling its obligations under the Terms, the Receiving Controller will comply with Applicable Data Protection Laws, including to the extent applicable:
i. providing all required notices or obtaining all required consents from individuals before processing the Personal Data, including before disclosing it to the other party;
ii. providing individuals with rights in connection with Personal Data they process, in a timely manner, including the ability of individuals to: ▪ access or receive their Personal Data in an agreed-upon format; and ▪ correct, amend, or delete Personal Data where it is inaccurate, or has been processed in violation of Applicable Data Protection Laws; and
iii. responding to enquiries from data subjects or entities with supervisory or regulatory authority over either party concerning its processing of Personal Data.
7. Reviewer Guidelines
o 4 Keys To Submitting A Verified Review
i. Identity Check : Our team of experts see to it that the right person gives the review. To ensure this, they check upon the reviewer's Name, Job Title, or Email Address. If the team fails in verifying the reviewer's identity, we won't
ii. Conflict of Interest : Our team will verify the name and company of the reviewer against the product he/she reviews. If in any way, he/she is found associated with the vendor or identified as a vendor's direct competitor, we won't publish the review.
iii. Content Check : Each review gets evaluated by our team of experts to ensure that it is authentic and meets our quality standards. If the content doesn't match our Content Quality Standards, we wont publish the review.
▪ Our Content Quality Standards (which includes the following, but isnt limited to)
•Inappropriate, violent, or hateful language: The review should not contain any obscene language. Neither should it be bullying nor discriminatory.
• Spam: The review should not be self-promoting or nonsensical
• Duplicate: The review should not be a copy of the one already published online
• Invalid Reviewer: The vendor should neither write reviews on behalf of the customers nor hire reviewers towrite fake reviews. This will be considered a fraud, and necessary actions might be taken.
▪ We have a set of tools to ensure that the review we publish is original and help other seekers make an informed purchase decision. The review that wont pass our standard parameters will not be considered.
iv. Voucher Claim Policy.
▪ Verify review by adding an invoice or screenshot (paid version dashboard screenshot or billing details dashboard screenshot, we ensure complete confidentiality) to claim the voucher.
▪ Only user who have paid subscription of the software are eligible to claim any reward for the review submited.
Reviewers, who attempt to abuse our program, violate our guidelines, or are identified as spammers may be subject to penalties (which may include legal penalties). We also reserve the right to disable all of their published reviews.
As a neutral review platform, we wont evaluate or claim the merit of the opinions given on our site. Also, we are not liable to check the facts while assessing the reviews to be published. However, we do offer third-party rights to flag reviews for investigation.
o Vendor Guidelines
To ensure the safety of your buyers right, we ask vendors to adhere to the following guidelines concerning their product and service reviews.
i. Vendors must not attempt to influence reviews/ratings Federal Law forbids the imposition of any non-disparagement contract clauses in customer contracts. Inclusion of any such clause is viewed as an attempt to inflate reviews or ratings by Flourishersedge. If any vendor involves such clauses to inflate the reviews/ratings, penalties will apply to the vendor's portal. Also, we reserve the right to take down reviews on that basis.
ii. Vendors must not review their or a competitors product Flourishersedge strictly prohibits vendors from reviewing their own product or posting a review on the customer's behalf. More so over, vendors must not post any reviews that direct any kind of strategic or financial benefit.Vendors are not allowed to collect a host of reviews for our site. Only the users can submit reviews directly to our website via the review form. We do not allow vendors to review their competitor's product even though it is based on the actual experience of using the product.
iii. Vendors must not harass reviewers based on their ratings or reviews Vendors are encouraged to respond constructively to the reviews on our site with the “reply” feature within the Vendors Portal. The responses must be respectful and may not contain any abusing, violent, or harassing language. However, vendors are not allowed to contact the reviewer directly or indirectly regarding the content of a review.
iv. Vendors are prohibited to abuse our review investigation service At Flourishersedge, we would be happy to investigate reviews flagged as violating our Review Guidelines. However, if we have a reason to suspect that the vendor is trying to abuse our system by unnecessarily flagging reviews for investigation, we may, at our discretion, impose penalties on the vendor's account.
These vendor's guidelines are applied equally to all vendors regardless of their account status. Any violation of these guidelines is subject to penalties imposed by Flourishersedge and the law. We reserve the right to decide the penalties, which may include a comment on Vendor's profile or suspension of services.
8. ELIGIBILITY
o Use of the website is available only to persons who can form a legally binding contract. If you are a minor i.e. under the age of 18 years, you may use the FLOURISHERS EDGE website only with the involvement of a parent or guardian.
9. USER SUBMISSIONS FOR USING THE FLOURISHERS EDGE WEBSITE
o Any alteration of the material or use of the material contained in the Website for any commercial purpose is a violation of the copyright of FLOURISHERS EDGE and/or its affiliates or associates or of its third-party information providers. You are not permitted to use the Marks, in any manner, without first obtaining the written permission of the FLOURISHERS EDGE or its vendor or third party that own and control the Marks.
o You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. Youunderstand that you, and not FLOURISHERS EDGE is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
o You must not use the Website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.s
10. LINKS
o The Site may include links to certain websites, materials, or content developed by third parties. FLOURISHERS EDGE has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FLOURISHERS EDGE of the Site. Use of any such linked website is at Your own risk. FLOURISHERS EDGE reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
11. MODIFICATION OR REMOVAL OF SOFTWARE
o FLOURISHERS EDGE gives an option to Software Vendors to either remove or modify their Software on the FLOURISHERS EDGE website. Any of the Vendors who wish to modify or remove their Software from the website, may inform about the same by sending an email at support@flourishersedge.com.
12. PAYMENT
o For the services bought, you have to make a one- time payment. The Users have an option to remit the payment either in Indian Rupees or U.S Dollars.
o You agree and acknowledge that FLOURISHERS EDGE has collaborated with various payment gateways for carrying out transaction. At the time of transaction, you may be asked to provide net-banking or debit/credit card information only for the purpose of carrying out the desired transaction. This information is not saved with the FLOURISHERS EDGE website but with independent Vendors/Third Party gateways. In case of any issue arising out of any transaction or anything else for that matter through the said payment gateways, FLOURISHERS EDGE shall not be held liable.
o 12.1. Refunds: i. The Flourishersedge Service is billed in accordance with our pricing schedule and all payments are non- refundable. There will be no refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. If you cancel, you will not receive a refund for any service already paid for.
13. ORDER OF SOFTWARE ON THE WEBSITE
o FLOURISHERS EDGE lists the Softwares of the Vendors in the order in which it deems appropriate.
o FLOURISHERS EDGE recommends that YOU determine the appropriate Software according to your best judgment and YOU shall not hold FLOURISHERS EDGE or its affiliates liable for your decision based on the order of the Software listed.
14. COPYRIGHT AND OWNERSHIP
o AppItSimple Infotek Pvt. Ltd or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which AppItSimple Infotek Pvt. Ltd or its suppliers own.
o AppItSimple Infotek Pvt. Ltd claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
o That you will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from any of our Sites (except as expressly permitted by us) or otherwise without authorization use or upload our Content; or create new links,reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools).
15. TERMINATION
o These Terms will remain in full force and effect while You are a User of any FLOURISHERS EDGE website. FLOURISHERS EDGE reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the FLOURISHERS EDGE website and immediate termination of Your ability to access the FLOURISHERS EDGE website and/or any other services provided to You by FLOURISHERS EDGE, upon any breach by You of these Terms or if FLOURISHERS EDGE is unable to verify or authenticate any information You submit towards FLOURISHERS EDGE registration. Even after You are no longer a User of the FLOURISHERS EDGE, Terms of use of these Terms & Conditions will remain in effect, including any other reasonable term that FLOURISHERS EDGE may think fit.
16. FORCE MAJEURE
o Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If either Party is prevented from or delayed in performing any of its obligations under these terms of use by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under these terms of use for so long as the relevant event of Force Majeure continues and to the extent that such Party"s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
17. JURISDICTION
o ny dispute, controversy or claims arising out of or relating to these terms of use or the breach, termination or invalidity thereof, shall be settled by Arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996.
o The Arbitral Tribunal shall be composed of one Arbitrator appointed by FLOURISHERS EDGE.
oThe Arbitral procedure shall be conducted in English language and the award/s shall be rendered in English.
oe procedural Law of the Arbitration shall be Indian Law.
oThe award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply.
o The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and shall be subject to the exclusive Jurisdiction of the Courts at Ahmedabad, Gujarat.
18. ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS
o FLOURISHERS EDGE reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
19. DISCLAIMER
o The Services offered through FLOURISHERS EDGE website contain certain trade-marks, logos or service marks (“marks”) which are owned by the respective brand owners/Vendors or its applicable Assignors and FLOURISHERS EDGE does not have any ownership or claim over the said marks or for that matter any other form of intellectual property.
o The Vendor agrees and acknowledges that FLOURISHERS EDGE may re-use the Names as well as to use the Trademarks, Service marks and Logos ("marks"), of the Softwares listed on the Website for various purposes, including but not limited to lead-generation purpose and the Vendors or itsLicensors, shall not claim any action for wrongful use against FLOURISHERS EDGE for the said use.
o The vendor agree to grant Flourishersedge, permission to direct clicks from Flourishersedge's affiliate websites by opting for Flourishersedge's services
o FLOURISHERS EDGE specifically disclaims ownership over the features of the Products/ Services as well as the Products/ Services listed on the FLOURISHERS EDGE Website. The ownership of each such feature of products/ services as well the associated Intellectual Property belong to respective Vendor or brand owner only.
oFLOURISHERS EDGE has no control over the Reviews or the genuinity of the Reviews mentioned on its Website and YOU should take appropriate decision based on your best judgment and FLOURISHERS EDGE or its affiliates will not be held liable for any decision of yours based on the Reviews as mentioned on the Website.
o FLOURISHERS EDGE and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the service. Your sole remedy for dissatisfaction with the service is to stop using the service. Our aggregate liability in connection with any claim arising out of or relating to the website and/or the products, information, documents and services provided herein or hereby shall not exceed the fee paid by the user during the preceding 6 months period.
20. UPDATION IN AGREEMENT / POLICY
o During regular intervals, FLOURISHERS EDGE may update its Agreement and/or Policies for the Customer and all Customers shall be bound by the latest applicable updated Agreement and/ or Policy.
21. TERMS FOR PARTNERS
o Any consultant /partners /affiliate or anyone who submits leads to Flourishersedge under the Lead Partner/Consultant Partner or any other partnership program of Flourishersedge must hold the ownership of the submitted leads at the time of submitting the lead. Any consultant / business partners / affiliate who submits leads to Flourishersedge under the Lead Partner or Consultant Partner Program must have the ownership of the submitted leads.
22. CONTACT
o User may contact FLOURISHERS EDGE in case of any queries/claims relating to the Website or sale and purchase of services provided by FLOURISHERS EDGE at:
o Email id : support@flourishersedge.com