1 DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
(a) “Content” means and includes any and all trademarks, logos, service marks; information about the services provided by us, contact details, job openings, project and client details as well as graphics, functions, news articles, system and other materials available on the Site; content provided on the Site including its design structure and compilation; and all content such as text, images, audio, video, scripts, code, software, databases, the source code of the Site and any other form of information made available on the Site by Us and capable of being stored on a computer that appears on, or forms part of, Our Site;
(b) “System” means any online communications facility that We make available on Our Site either now or in the future. This may include, but is not limited to, contact forms, email, and live chat;
(c) “We/Us/Our/Company” means FutureWorks Media Limited.
1.2 In these Terms and Conditions (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
2 INFORMATION ABOUT US
2.1 Our Site, www.futureworks.in (“Site”), is owned and operated by FutureWorks Media Limited.
2.2 FutureWorks Media Limited is a limited company incorporated under the Companies Act, 1956. Our Registered Office is at G. G. House, 42, Irish Park Juhu Mumbai 400049, Maharashtra, India.
2.3 This section contains the Terms and Conditions of the Site. By using this Site and any of its pages, you and the entity you are authorised to represent (“you” or “your”) agree to and shall abide by all of the terms and conditions set forth below which shall be binding on you, your successors and / or assigns. If you do not agree to any of the terms and conditions mentioned herein, you are advised not to use the Site.
3 ACCESS TO OUR SITE
3.1 Access to Our Site is free of charge. The Company allows you to access the Site and your use of the Site and access to all Content provided on this Site are governed by the terms and conditions outlined below.
3.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.3 By accessing or using the Site or any part thereof, you are explicitly agreeing to the terms and conditions below.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to the Company or has been licensed by Us. All Content is protected by applicable intellectual property laws and treaties. The Company or its partners / licensors own all intellectual property rights (including copyright and database rights) in the Content. You agree to abide by the copyright law and all other applicable laws of India.
4.2 You acknowledge that the Site in source code form remains a confidential trade secret of the Company therefore you agree not to modify the Site or attempt to decipher, decompile, disassemble or reverse engineer the Site.
4.3 You may:
(a) Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app) on a computer screen or mobile phone
(b) Download Our Site (or any part of it) for caching;
(c ) Print one copy of any page from Our Site (but not photocopy them) and save pages from Our Site for later and/or offline viewing in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use; and
(d) Download extracts from pages on Our Site.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You shall not:
(a) Except as indicated above, you shall not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Content. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
(b) Without limitation, you shall not do any of the following without prior written permission from Us (and neither shall you allow a third party to do any of the same):
(i) redistribute or resell any of the Content, including Our headlines;
(ii) create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
(iii) deep link to, frame, spider, harvest or scrape the content or otherwise access the Content for similar purposes; or
(iv) use any machine, electronic, web-based or similar device to read or extract the Content by automated techniques; or
(v) use the Content in a searchable, machine-readable database.
4.6 The Site as well as the Content is the valuable, exclusive property of the Company, and nothing therein shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All Content is the proprietary, confidential property of the Site and cannot be repeated for any reason outside the Site. You agree not to repeat or rebroadcast in any way any of the Content for any reason whatsoever. You agree that if you do repeat or re-post any of the Content by any means, you will be exclusively liable under criminal law and shall also be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a court of law.
5 LINKS TO OUR SITE
5.1 You may link to Our Site provided that:
(a) You do so in a fair and legal manner;
(b) 5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
(c) 5.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
(d) 5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may not link to any page other than the homepage of Our Site, Deep-linking to other pages requires Our express written permission.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
5.4 You may not link to Our Site from any other site the content of which contains material that:
(a) is sexually explicit;
(b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
(c) promotes violence;
(d) promotes or assists in any form of unlawful activity;
(e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
(f) is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
(g) is calculated or is otherwise likely to deceive another person;
(h) is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
(i) misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
(j) implies any form of affiliation with Us where none exists;
(k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
(l) is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6 LINKS TO OTHER SITES
Links to other sites may be included on Our Site. Any third-party site links on this Site are only for your convenience and unless expressly stated, these sites are not under Our control. The Company has not reviewed, nor approved these sites and does not assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them. The Company does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third-party sites. If any link is misleading or changed or removed, We are not responsible for that either. You acknowledge that you access and use such third-party sites solely at your own risk. You agree that under no circumstances will the Company be liable in any way for any information or material contained in any third-party sites linked to or from its Site. The Company is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third-party sites.
8.1 You expressly agree that use of the Site is at your sole risk.
8.2 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.3 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8.5 No part of Our Site is intended to constitute a contractual offer capable of acceptance. No services are sold through Our Site and the details of services provided on Our Site are provided for general information purposes only.
8.6 We make no representation, warranty, or guarantee that services shown on Our Site will be available from Us. Please contact Us if you wish to enquire as to the availability of any services.
8.7 The Content published on this Site may include inaccuracies or typographical errors. Changes are periodically added to the Content herein. The Company may make improvements and/or changes in this Site at any time. This Site may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. The Company (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as “associated entities” hereafter) shall not be liable to you or any third party should the Company exercise its right to modify or discontinue any or all of the Contents, features and services published on this Site.
8.8 You acknowledge that the information provided through the Site may be compiled from sources, which are beyond the control of the Company. Though such information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and the Company does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the Site is provided to you on an "as is, with all faults" basis. The Company expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement.
8.9 You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information.
9 OUR LIABILITY
9.1 To the fullest extent permissible by applicable laws of India, We accept no liability to any you or any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence) or any other legal foundation, for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.2 To the fullest extent permissible by applicable law of India, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.3 Our Site is intended for non-commercial use only.
9.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, pandemic, epidemic, acts of government or legal restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
10 VIRUSES, MALWARE AND SECURITY
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11 ACCEPTABLE USE POLICY
11.1 You may only use Our Site in a manner that is lawful. Specifically:
(a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
(b) you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
(c) you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
(d) you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions.
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
12 PRIVACY AND COOKIES
13.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
13.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for your new preferences to take effect.
14 REFUNDS/ CANCELLATION POLICY
14.1 In case of any refund the same will be processed within 10 working days after proper assessment and evaluation of such request.
15 CHANGES TO THESE TERMS AND CONDITIONS
15.1 We may alter, change or modify these Terms and Conditions at any time with or without notifying you. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. Further, your continued use of the Site means that you accept any new or modified Terms and Conditions that We come up with. You are therefore advised to check this page from time to time and stay abreast of any changes We may introduce.
15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16 LAW AND JURISDICTION
16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of the Republic of India.
16.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India.
17 GRIEVANCE OFFICER
17.1 In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Swapnil Harmalkar FutureWorks Media Ltd. 42 Irish Park, Juhu, Mumbai 400049. India Phone: +91 22 4014 5000 Email: email@example.com
17.2 Should you have any complaints or grievances regarding the Site, you can notify Us by writing to Us on the contact details mentioned above and We shall endeavour to redress the complaints at the earliest.