terms and conditions
The term ‘FLEXING.CO’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without [business name]’s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
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This website is provided by FLEXING.CO, and may be used for informational purposes only. By using the site or downloading the Materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions please do not use the website or download materials from the website or make payment on the website or pay to FLEXING.CO.
This site, including all Materials present (excluding any applicable third party materials), is the property of FLEXING.CO and is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. FLEXING.CO does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. If by mistake any content/images/copy right belongs to you or any known party, please write to us and we will remove it immediately.
FLEXING.CO has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
Third Party Content
The website makes information of third parties available, including articles, reports, news reports, tools to facilitate calculation, company information and other data (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by FLEXING.CO nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, you may leave this website and be directed to an external website, or to a website maintained by an entity other than FLEXING.CO. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. FLEXING.CO makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that FLEXING.CO or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FLEXING.CO or any of its affiliates or subsidiaries.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS SITE WILL BE FREE OF ANY COMPUTER VIRUSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES
IN NO EVENT SHALL BRANDHYPE OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE website OR ANY LINKED WEBSITE, EVEN IF BRANDHYPE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. FLEXING.CO EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THIS SITE OR ANY OF THE MATERIALS ON THIS SITE. FLEXING.CO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. FLEXING.CO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. FLEXING.CO MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
INTERNATIONAL USERS AND CHOICE OF LAW
FLEXING.CO may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Disclaimer/copyright hyperlink at the bottom of the FLEXING.CO web site pages, to review the then current Terms and Conditions.
By coming to this website and reading emails from FLEXING.CO‘s email id, you agree to the terms listed on this page apart from the terms discussed and agreed with you separately as per the FLEXING.CO’s choice/discretion.
Once you agree to work with FLEXING.CO, you also agree to:
The Cheque/Money Order/Wire Transfer/PayPal Payments will be payable to FLEXING.CO. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information and applicable professional fees.
At no event will FLEXING.CO be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the presentation application.
In case collection proves necessary, Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
All the applicable taxes will be levied as per actuals.
For purposes of this paragraph, “Employee” For purposes of this paragraph, “Employee” shall mean current employees or persons employed prior to the referenced project. During the period of performance of services by FLEXING.CO hereunder and for twenty four (24) months thereafter, (i) BrandHype agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client , and (ii) Client agrees not to solicit or induce any Employee of FLEXING.CO to terminate his or her employment with FLEXING.CO or to hire any Employee of FLEXING.CO without the prior written approval of FLEXING.CO .
Neither this Agreement, any Statement of Work or any rights or licenses granted hereunder may be assigned, delegated or subcontracted by any party without the written consent of the other party, except that (i) a party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and there under to any third party which succeeds to substantially own all of its business and assets or assign or transfer any rights to receive payments hereunder, and (ii) BrandHype may subcontract its obligations hereunder to any wholly-owned subsidiaries of BrandHype or third party service providers, provided that FLEXING.CO remains primarily liable to Client hereunder, including with respect to the acts and omissions of any such parties employed or engaged by FLEXING.CO . However, Client may not assign or transfer this Agreement to a direct competitor of FLEXING.CO .
Client represents to FLEXING.CO an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code or other artwork furnished to FLEXING.CO for inclusion in the web pages are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend BrandHype from any claim or suit arising from the use of such elements furnished by Client.
FLEXING.CO retains the copyrights or ownership to the source code/design of all files produced/developed/designed by FLEXING.CO during the course of working on this project. After the final payment of the project rights and ownership of source code/design will be handed over to Client.
Regardless of the place of venue, this contract was entered into in New Delhi, India and any dispute will be litigated or arbitrated in New Delhi, India.
This agreement contained in this “Proposal” constitutes the sole agreement between FLEXING.CO and Client and its owners.
Any additional work not specified in the proposal will be estimated separately or would require amendment to this proposal.
All the images and text/content etc is to be provided by the client. In case client does not provide us the images, client gives us assumed right to use the images from the internet. FLEXING.CO will try its best to use the Royalty free images but once the delivery is done, it is client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belongs to him, he will immediately get back to FLEXING.CO to get it changed. Once the delivery of the work is done, FLEXING.CO does not accept the responsibility of any copy right infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
In the event that the fees payable by Client are tax deductible at source, the TDS certificate should be provided by Client to flexing.co at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by Client in retrospective/non-retrospective effect.
In an event Client terminates the project during the course of the development of the website; in this case the initial advance will not be refunded.
In case of any legal proceeding, the amount paid will not exceed the amount charged from the client.