FLICBOOK TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the www.flicbook.com website or Flicbook Mobile Application (hereinafter “Flicbook”).

Flicbook is owned and operated by PriyankaAggarwalSwarup, an Indian citizen whose principal office is at A-25/21, DLF-1, Gurgaon 122002 Haryana INDIA.

Please read these terms and conditions carefully before you start to use Flicbook. By accessing and using Flicbook and/or services and/or any portion thereof, you agree that you accept (unconditionally and irrevocably) these terms and conditions and applicable policies included by way of reference (the ‘Agreement’) and agree to be bound by them. If you do not agree to these terms and conditions, please refrain from using Flicbookand exit immediately.If you transact on Flicbook, you agree to and shall be subject to the policies that are applicable for such transaction. By mere use of Flicbook, you enter into a binding contract governed by these terms and conditions.

By accessing and/or transacting on Flicbook, you represent and warrant you are of legal age and possess the legal right and ability to enter into this Agreement.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits our platform, either just for the purpose of browsing the Website/App or engages to buy our products. The term “We”, “Us”, “Our” shall mean Flicbook.

Modification of Terms:

Flicbookreserves the right, at its sole discretion, to change, modify, add or remove portions of these without any prior notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Changed terms will become effective once posted on our website, or on our mobile application, and will not have any retrospective effect on existing contractual arrangements.Your continued use of Flicbooksubsequent to any change in these terms and conditions implies your acceptance and agreement of the modified Agreement.

ACCESSING, BROWSING OR OTHERWISE USING FLICBOOK INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT THEN PLEASE EXIT AND UNINSTALL THE APPLICATION.

License Grant

Subject to your full compliance with these Terms of Use, you are granted a non-exclusive, non-transferable, limited license to access and make personal use of Flicbook. This license does not include any resale or commercial use of Flicbook or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this 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.

Flicbook or any portion of Flicbook (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 our express written consent 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) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our the express written consent.

You agree that your usage of the Mobile Application (“App”) is a limited license to place an order using the App. This license is to access the App for personal use. You are not authorized to modify or download any portion of the App without our written consent. You do not have commercial license to use the App. No part of the App shall be used by you for any commercial purpose without our express written consent.

Eligibility to Use

Use of Flicbook is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent tocontract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use Flicbook. If you are a minor i.e. under the age of 18 years, you shall not register to use, transact on or use Flicbook. As a minor if you wish to use or transact Flicbook, such use or transaction may be made by your legal guardian or parents. We reserve the right to terminateyour user account and / or refuse to provide you with access to Flicbook if it is brought to our notice or if it is discovered that you are under the age of 18 years.

User Account

We provide membership to our services through the creation of User Accounts controlled by User names and Passwords. If you use Flicbook as a Registered User, you are responsible for maintaining the confidentiality of your account and password and for maintaining restricted access to your computer or smartphone or tablet or like device 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. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use.

You may not submit items that are abusive to other Users of Flicbook. In addition you may not submit copyrighted material without obtaining the appropriate permission from the owner of such material, material containing pornographic or obscene materials or any material that is harmful to anyone, illegal under any applicable law or provides a link to information that is harmful or illegal under any applicable law. You hereby represent and warrant that all items submitted by you to be hosted on Flicbook (i) are validly owned or licensed by you, with full rights to publish them; (ii) do not contain any pornographic or obscene material; and (iii) do not contain any material that is harmful to anyone or is illegal under any applicable law.

We reserve the right to refuse service, or access to Flicbook, terminate accounts, remove or edit content at any time without notice to you.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Using Flicbook:

  • Flicbook requires access to your photo gallery on your mobile device or cloud platform. Users may choose up to 80 pictures after which an order closes automatically.
  • Once an order is placed, the chosen pictures are uploaded automatically onto our database/server for processing and printing. Pictures are formatted for size to fit the Flicbook print book format.
  • Orders placed by you are offers to purchase particular product under these Terms of Use at the price specified (including delivery and other charges). Subscription models as available may change from time to time without notice.
  • You agree that you shall have no claims againstFlicbook regarding the quality of any products purchased by you from Flicbook so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.
  • Please allow a reasonable period of time for the delivery of any products ordered from the Site. Complaints or requests for refund must be communicated to Flicbook within a reasonable period of placing the order, in the event of non-delivery, or within ten (10) days of delivery of the order, in the event of a defect in the delivered product.
  • No order shall be considered confirmed until such confirmation is communicated to you in writing by the Publisher. You agree to render payment for any goods or services purchased from the Publisher on the Site in accordance with the terms hereof. You will be entitled to refunds only in accordance with the terms hereof
  • We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any service, an error in the price or service description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
  • You agree not to access Flicbook through any other interface than that provided by us to you.
  • You agree that your use of Flicbook is a limited license granted by us. We reserve our right to discontinue your account without providing you any reason thereof.
  • You agree that you are solely responsible for your account details and to keep your password secure. If you suspect any misuse through your account, you are required to inform us in writing immediately at info@flicbook.com.
  • You represent and warrant that you have all rights in the pictures uploaded by you on the Site and App. Flicbook shall not be responsible in any manner for any claim brought against it regarding any picture uploaded by you on the Site and App.
  • Flicbook will retain pictures uploaded by you on its database/servers for a maximum period of 1 year after which they will be deleted. Flicbook does not offer any storage facility and is not responsible for storage of any pictures.

Privacy

Please review our Privacy Policy before signing up for using Flicbook. Our Privacy Policy would allow you to fully understand our practices.The personal information / data provided to us by you during the course of usage of Flicbookwill be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to any condition in the Privacy Policy governing our use of your information, please do not use Flicbook.

Prices:

All Prices declared on Flicbook are inclusive of taxes. Please verify the total payable amount during checkout before placing the order. Our prices are liable to change anytime without notifying you. You shall be responsible for full payment of your Order.

Payment:

You are allowed to choose between various payments options while placing an order on Flicbook. You agree to use your own debit/credit card or bank details for transaction. Flicbook would not be responsible for misuse of your card if all the security checks are verified. You agree that the methods of payment may be updated from time to time onFlicbook.

We may use third party payment providers or other payment mechanisms to process payments for Orders.Information transmitted is encrypted using standards offered by the payment provider.

We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Wetake utmost care to work with third party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

You agree that Flicbook will not be liable in any manner for any issue relating to such payment mechanisms

Cancellation and Charges:

Please note that all orders shall be considered confirmed unless you cancel/modify the order before the payment is made. There may be cancellation/modification charges applicable after you have paid and your customized book goes to print. All the communications will be shared with you on your registered mobile number or email id.

Complaints and Refund:

We are sure that you would love our products and services. But just in case you were not happy with your order, you can contact us at info@flicbook.com with complete details and photos of the complaint encountered by you. We shall try to fix the issue amicably.
Flicbook reserves the right to refund such amounts,not exceeding the full amount paid for the order, as it deems appropriate.

Limitations on Use

You agree to use Flicbook only for personal, non-commercial use. You agree to use our services to make only legitimate purchases. You agree to all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of products, or services. All fees, assessments, charges, taxes and duties arising out of use of the Flicbook are your sole responsibility.

User Generated Content

Users of Flicbook 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.”

You understand and agree that we are not responsible or liable for any User Generated Content. All User Generated Content which you may decide to exchange, submit, provide or upload, will not be reviewed in advance by us – we reserve the right (but not obligation) to remove, refuse, delete or edit any content any User Generated Content for any reason deemed fit by us, including but not limited to the User Generated Content being unlawful or in breach of this Agreement and any other applicable Policies, orin 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.

You understand and agree that our discretion in relation to the same shall be final and binding upon you. we ask that you flag or inform us in accordance with our Notice-and-takedown Procedure, if you become aware of (potentially) unlawful infringing, and/or offensive content exchanged, provided or uploaded by others. You agree to indemnify us from and hold us harmless against any and all claims from third parties relating to the User Generated Content.

License to User Generated Content

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

  1. (a) grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  2. (b) Us and our affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content.

Intellectual Property Rights

All Rights Reserved

Flicbook, its logo and content displayed on the Site and App are our exclusive intellectual property. We claim copyright over our unique software and compilation used in working our App. You shall not reproduce any portion of the App for any use, whether commercial or personal, without our express written consent. We claim sole and exclusive right over all intellectual property in the Site and App, including but not limited to copyright, trade marks, designs, etc.

You may not systematically extract/ or re-utilize parts of the contents of Site and App without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of our Site and App, without express written consent.

Disclaimer of Warranties and Limitation of Liability

General

Your access to and use of software and other materials is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software.

Flicbook does not represent or warrant that the Site and App will be error-free, free of viruses or other harmful components, or that defects will be corrected. Flicbook does not represent or warrant that the information available on or through the Site and App will be correct, accurate, timely or otherwise reliable. Flicbook reserves the absolute right to make changes to the features, functionality or content and materials of the Site and App at any time. Flicbook reserves the absolute right, in its sole discretion, to edit or delete any documents, information appearing on the Site and App and you agree that you shall have no recourse to Flicbook as regards any such editing or deletion.

Disclaimer of Warranty

To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this web site. All such information is provided ‘as is’ without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this web site including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability

Flicbook will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other loss when you commenced using the Website or App.

In no event will Flicbook be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:

  • Access to, or use of Flicbook, or delay or inability to use Flicbook, or,
  • The availability and utility of products and services

Flicbook’s maximum monetary liability under any theory of liability shall not exceed the amount paid by you for the product/service against which the claim arires.

Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by us.

Indemnity

You shall indemnify and hold harmless Flicbook, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions (hereinafter “claim”), including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of any claim against any picture uploaded by you on the Site/App, or from information shared by you on the Site/App, or your breach of this Agreement 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 Flicbookand/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.

Circumstances beyond our Reasonable Control

To the extent permissible by law, we will not be held responsible for any delay or failure to comply with our obligations under these conditions, including delays by logistics partners, if the delay or failure arises from any cause, which is beyond our reasonable control.

Waiver

Flicbook’s failure to take action on any breach committed by You will not affect our rights or remedies under this Agreement with respect to any subsequent reach, and nothing in this Agreement implies otherwise.

No Agency

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Flicbook and you shall have no authority to bind Flicbook in any manner whatsoever.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail toFlicbook at A-25/21, DLF-1, Gurgaon 122002 Haryana or at the email address info@flicbook.com. Notices by us to you will be provided on the email you provide to us during the registration process (in your case). Notice through postal shall be deemed given 3 days after the date of mailing and for e-mails 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid.

Severability

If any clause of the Agreement is deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

Grievance Officer

Email: info@flicbook.com

Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Delhi shall have jurisdiction, to the exclusion of all other courts.

Notices of Infringement or Objectionable Content

If you believe that your rights are being infringed, you may inform us of the same in the following manner to our Grievance Officer:

  1. Full Name and Details of Complaining Party
  2. Address and Contact Details of Complaining Party
  3. Description of Objectionable Content and its location on the Website (or snapshot of relevant page), including Product name and code, if applicable, so as to enable us to easily locate the objectionable content.
  4. Description of the objection to the afore-mentioned content eg. Infringement of IP, defamation, etc. to enable us to assess the validity of the claim.
  5. Statement of truth – “I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above”
  6. Signature of the Complaining Party or authorized agent.

Upon receipt of a Complaint we shall assess the validity of the complaint and may take certain actions, including removing information or an item, all of which do not constitute any admission as to liability and are without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, you grant us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display the complaint. This includes forwarding the Complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Flicbook for all claims brought by a third party against Flicbook arising out of or in connection with the Complaint and any action taken pursuant thereto.