Terms and Conditions

1. Introduction

The owner of this website is Facioo. The Website Owner, including subsidiaries and affiliates provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms of use, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. Information on the Website

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. Facioo does not claim that any product descriptions or any other content or information is complete, error-free, reliable, updated, current or accurate.

You acknowledge that Facioo does not pre-screen the Content, but that Facioo shall have the right (but not the obligation) in their sole discretion to remove, refuse, accept, or move any contents and information that are available via the website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company use and rely on the information contained on this website at your own risk. If you find an error or omission on this site, please let us know.

3. Trademarks

The trademarks, names, logos and service marks (collectively called “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written permission of the respective trademark owners.

4. External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you, which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;

5.4 violate any copyright, trademark, other applicable international laws or intellectual property rights of the Website Owner or any other third party;

5.5 submit contents containing marketing or promotional material, which is intended to solicit business.

6. Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website, your connection to the website, your violation of this Agreement, or your violation of any rights of another user of this Site.

7. Warranties

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

Facioo or any of its stakeholders, affiliates, employees or associates shall not be in any way responsible for any damage or loss that may arise to any person from any inadvertent inaccuracy or error in the information contained in this Site. The information from or through this Site is provided “as is” and all warranties (express, implied or statutory) of any kind, regarding any matter pertaining to the website or the Content including, but not limited to, fitness for a particular purpose, the implied warranties of merchantability, and non-infringement are disclaimed.

Facioo and its stakeholders, affiliates, associates, employees shall not be liable, at any time, for any error, inaccuracy, failure of performance, interruption, omission, deletion, delay in operation or transmission, computer virus, defect, theft or destruction or unauthorized access to, communications line failure, alteration of, or use of information contained on the website. No representations, warranties, claims or guarantees whatsoever are made as to the accuracy, reliability, adequacy, completeness, inclusiveness, suitability or applicability of the information to a particular situation.

8. Disclaimer of Liability

The Website Owner and its directors, shareholders and associated persons shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, punitive or consequential), personal injury, attorney fees or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. Use of the Website

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. General

10.1 Entire Agreement

These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website.

10.2 Alteration

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver

No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Please contact us if you require clarification on any of the terms in this statement.

10.7 Applicable laws

All users, visitors and other entities on Facioo website are informed to comply with the applicable laws including but not limited to Customs Act, Income Tax Act, 1961 and the rules made there under, Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Foreign Contribution Regulation Act, 1976 and the rules made there under, Export Import Policy of government of India) applicable to them respectively and relevant amendment from time to time. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Shivajinagar District Court, Pune, India in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Accessing the website

We cannot guarantee that the website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the website or any computer system, server, router or any other internet-connected device. We cannot and do not guarantee or warrant that any content of the website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. We do not accept liability for any losses or claims arising from any inability to access the website or any failure to complete a transaction.

10.9 Using the website

Facioo grants you a “limited non-exclusive license” to access and make personal (non commercial) use of this Site . You must not use any materials contained in the website except to the extent necessary for your own personal use. In using the website and information available from the website, you agree that you will not:

i) Post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.

ii) Omit, delete, forge or misrepresent any information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content.

iii) Impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity.

iv) Engage in any activities in order to withhold or cloak identity or contact information.

v) Send harassing and/or threatening messages to others.

vi) Engage in “flooding” – i.e flooding and mail bombing (sending large amounts of email repeatedly to the same email address).

vii) Use the information available on the website for any illegal, immoral or anti-social purpose, in violation of any applicable local, state, national or international laws or regulations or in a manner, which is or may be damaging to Our name or reputation.

viii) Publish or download web pages or content, images, descriptions or text.

ix) Electronically stalk or otherwise electronically harass another.

x) Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.

xi) Engage in any activities with relation to reverse engineering of the website, including data structures, descriptions, images or any other material contained on the website.

xii) Disrupt the normal flow of communication, or act in a way that negatively affects other users’ ability to engage, or interact in real time.

11. Links

This Website may contain links to other websites that are operated by third parties, and are not under the control of Facioo. Facioo or its associates or its employees or its affiliates do not provide any judgment, assurance or warranty in respect of the correctness or authenticity of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site. You shall be solely responsible for any or all the consequences that arise out of your use of such hyperlinks to websites. Facioo is not responsible for, and expressly excludes all liability with relation to these linked websites which you access at your own risk, and Facioo makes no representations, warranties or conditions concerning the linked websites or their contents.

12. Disclaimer

To the fullest extent possible under the law, use of this website is at your own risk, and Facioo, its shareholders, officers, directors, employees and representative hereby expressly disclaim any representations or warranties (express, implied or statutory) with regards to the website and your use thereof. This website is provided “as is”, and may contain errors, inaccuracies, viruses or bugs, and this website may not be up to date, and therefore is not to be relied upon without independent verification. This exclusion applies to, but is not limited to, warranties or merchantability, quality and/or fitness for a particular purpose. Should you choose to download any content from this website, you do so at your own risk.

13. Limitation of Liability

You hereby waive all remedies, warranties, guarantees or liabilities, arising from law or otherwise. In no event shall Facioo be liable to you for any damages, however caused, including but not limited to, direct, indirect, special, consequential, incidental, punitive or otherwise, and including but not limited to any damages relating to the inaccuracy of a posting or failure of another user to provide the property posted. Facioo shall not be liable for lost profits, business interruption, any computer related damage or loss of data. Facioo hereby excludes all liability with respect to the transmission of viruses or bugs. This entire limitation shall apply even if Facioo was informed of the possible occurrence of the above mentioned damages. In any and all events, Facioo will not be held liable.

14. Website Purpose

The website provides a service of providing information, and helping you find and compare products sold on merchant websites. Facioo or its associates, employees, affiliates do not provide any judgment, assurance or warranty in respect of the correctness or authenticity of the products featured on the website. Clicking on these product links, may redirect you to the merchants’ website. Please read the merchants’ website’s terms of use to understand how to use their website and share your personal information. We hold no responsibility for their product/ price or your relationship with the merchants or related parties/ vendors providing/ selling/ displaying/ listing the products. Please note we hold no responsibility for any conflict arising from browsing the merchants’ websites, making any purchases or using any of their products. We do not hold any responsibility regarding availability and performance of the product. We are in no way to be held responsible including but not limited to any conflict arising from your browsing the merchant’s website, communicating with the merchants or associated parties, use or misuse of the product/s you eventually purchase, payment-related issues on the merchant website, sharing of personal and sensitive information.

15. Special Instructions For International Use

Acknowledging the global nature of the internet, you agree to comply with all applicable local, state, national and international laws regarding the transmission of technical data exported from the country in which you reside and to comply with all local rules regarding online conduct.

16. Violation of this agreement

If you violate or breach the terms and conditions mentioned in this agreement in part or in full, Facioo may take such action as it deems appropriate to deal with such violations and breach, including but not limited to prohibiting you from accessing the Website, suspending your access to the Website, whether temporary or permanent, contacting your internet service provider to request that they block your access to the Website, blocking computers using your IP address from accessing the Website, taking legal action and/or bringing court proceedings against you.

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