Terms And Conditions

Welcome to FLEEKS.

Please read these conditions carefully before using the Android App. By using the FLEEKS app, you signify your agreement to be bound by these conditions.

In addition, when you use any current or future FLEEKS service (eg. Wish List or Marketplace) ("FLEEKS Service"), you will also be subject to the terms, guidelines and conditions applicable to that FLEEKS Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Conditions Relating to Your Use of FLEEKS

Notice and Procedure for Making Claims of Infringement

Notice and Procedure for Notifying FLEEKS of Objectionable Content

Conditions Relating to Your Use of FLEEKS

1. Your Account

If you use the android app or website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the android app or website. You agree and acknowledge that you will use your account on the android app or website to purchase products only for your personal use and for business purposes. FLEEKS reserves the right to refuse access to the android app or website, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

Please review our Privacy Notice, which also governs your visit to FLEEKS, to understand our practices. The personal information / data provided to us by you during the course of usage of FLEEKS will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the android app or website.

3. E-Platform for Communication

You agree, understand and acknowledge that the android app or website is an online platform that enables you to shopping at any time from any location. You further agree and acknowledge that FLEEKS is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the android app or website. Accordingly, the contract of sale of products on the shall be a strictly bipartite contract between you and the sellers on FLEEKS.

4. Access to FLEEKS

We will do our utmost to ensure that availability of the android app or website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the android app or website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. Licence for android app or website access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, FLEEKS grants you a limited licence to access and make personal use of this android app or website , but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FLEEKS and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this android app or its contents; any collection, any derivative use of this android app or website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This android app or website or any portion of this android app or website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of FLEEKS and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FLEEKS and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising FLEEKS's or its affiliates' names or trademarks without the express written consent of FLEEKS and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by FLEEKS and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of FLEEKS as long as the link does not portray FLEEKS, FLEEKS, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FLEEKS logo or other proprietary graphic or trademark as part of the link without express written consent of FLEEKS and / or its affiliates, as may be applicable.

6. Your Conduct

You must not use the android app or website in any way that causes, or is likely to cause, the android app or website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not FLEEKS, are responsible for all electronic communications and content sent from your computer to us and you must use the android app or website for lawful purposes only. You must not use the android app or website for any of the following:

for 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, libelous, obscene, pornographic, pedophilic 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

7. Reviews, comments, communications and other content

Users of this android app or website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. JUST PLUS reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of FLEEKS violates these Conditions of use and, or terminate your permission to access or use this android app or website

If you do post content or submit material, and unless we indicate otherwise, you

(a) grant FLEEKS and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) FLEEKS and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the android app or website ; that, as at the date that the content or material is submitted to FLEEKS: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable FLEEKS policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify FLEEKS and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

8. Claims against Objectionable Content

Because FLEEKS lists millions of products for sale offered by sellers on the android app, website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, FLEEKS operates on a "notice and takedown" basis. If you believe that any content on the android app and website 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, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; 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, (" Objectionable Content "), please contact us immediately. Once this procedure has been followed, FLEEKS will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

9. Copyright, authors' rights and database rights

All content included on the android app, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FLEEKS , its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this android app is the exclusive property of FLEEKS and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this android app is the property of FLEEKS , its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the android app without FLEEKS and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this android app, without FLEEKS and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this android app and website without FLEEKS and / or its affiliate's (as may be applicable) express written consent.

10. Intellectual Property Claims

FLEEKS and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement,

11. Trademarks

FLEEKS, THE FLEEKS LOGO, FLEEKS.co.in and other marks indicated on our android app and website are trademarks or registered trademarks of FLEEKS, Inc. or its subsidiaries (collectively "FLEEKS"), in the European Union and/or other jurisdictions. FLEEKS's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of FLEEKS. FLEEKS's trademarks and trade dress may not be used in connection with any product or service that is not FLEEKS's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FLEEKS. All other trademarks not owned by FLEEKS that appear on this android app and websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FLEEKS.

12. Disclaimer

You acknowledge and undertake that you are accessing the services on the android app , website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the android app. You further acknowledge and undertake that you will use the android app to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the android app. While we have taken precautions to avoid inaccuracies in content, this android app, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the android app. At no time shall any right, title or interest in the products sold through or displayed on the android app vest with FLEEKS nor shall FLEEKS have any obligations or liabilities in respect of any transactions on the android app.

13. Indemnity and Release

You shall indemnify and hold harmless FLEEKS , its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release FLEEKS and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

14. Children

Use of FLEEKS is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use FLEEKS only with the involvement of a parent or guardian.

15. Other Businesses

Parties other than FLEEKS and its affiliates may operate stores, provide services, or sell product lines on FLEEKS. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the android apps of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their android apps. FLEEKS does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

16. Communications

When you visit FLEEKS, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the android app or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the android app and/or your order placed on the android app.

17. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the android app.

18. Alteration of Service or Amendements to the Conditions

We reserve the right to make changes to our android app, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the android app or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). 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. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

20. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

21. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Jaipur.

22. Our Details

This android app is operated by FLEEKS.

For the FLEEKS android app, you could contact us at [email protected]

FLEEKS Software Terms

1. Use of the FLEEKS Software

You may use FLEEKS Software solely for purposes of enabling you to use and enjoy the FLEEKS Services as provided by FLEEKS, and as permitted by the Conditions of Use, these FLEEKS Software Terms and any Terms. You may not incorporate any portion of the FLEEKS Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the FLEEKS Software or otherwise assign any rights to the JUST PLUS Software in whole or in part. You may not use the FLEEKS Software for any illegal purpose. We may cease providing any FLEEKS Software and we may terminate your right to use any FLEEKS Software at any time. Your rights to use the FLEEKS Software will automatically terminate without notice from us if you fail to comply with any of these FLEEKS Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain FLEEKS Software that are specifically identified in related documentation may apply to that FLEEKS Software (or software incorporated with the FLEEKS Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any FLEEKS Service is the property of FLEEKS and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2. Use of Third Party Services

When you use the FLEEKS Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the FLEEKS Software, whether in whole or in part, or create any derivative works from or of the FLEEKS Software.

Updates

In order to keep the FLEEKS Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale (between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the FLEEKS (the android app). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future FLEEKS service (eg: Wishlist or Marketplace or FLEEKS MP3 Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.