Terms & Conditions
This website “https://flobiz.in/” (the “Website”) is provided by Metaloop Innovation Labs Private Limited (“FloBiz”), company incorporated under the laws of Singapore having UEN 201823852Z with its office at 138, Robinson Road, Oxley Tower, #21-03, Singapore 068906.. In these Terms of Service, the term “User” refer to you, the Person or entity using the Website from FloBiz. It is clarified that in case of a company, partnership, trust or any other legal entity which uses or accesses the Services or the Website, “User” shall include such company, partnership, trust or any other legal entity; FloBiz offers the Website and the Services conditioned upon the User’s acceptance of all terms, conditions, policies, and notices stated here. By procuring a Service from FloBiz, or by use of the Website, the User agrees to be bound by these terms and conditions (“Terms of Service or “Terms”).
These Terms of Service apply to all users of the Website and the Services provided by FloBiz, except as may be specifically agreed otherwise in writing.
Please read these Terms of Service carefully before accessing or using the Website and the Services provided by FloBiz. By accessing or using any part of the Website, or by the use of the Services provided by FloBiz, the User agree to be bound by these Terms of Service. If the User does not agree to all the Terms of Service of this agreement, then the User should not access the Website or the Services provided by FloBiz. If these Terms of Services are considered an offer, except as may be specifically agreed otherwise in writing, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Website shall, unless specifically stated otherwise, be subject to these Terms of Service. The User can review the most current version of the Terms of Service at any time at https://flobiz.in/terms/. FloBiz reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is the User’s responsibility to check the said link periodically for changes. Following the posting of any changes, the User’s continued use of or access to the Website or the use of the Services from FloBiz, constitutes acceptance of such revised Terms of Service.
• Other applicable terms
• About us
The Website provides access to the webpage “https://flobiz.in/” and the Services through mobile or desktop devices.
Capitalized terms, not defined elsewhere in these Terms of Service, shall mean as follows:
“Applicable Laws” means all applicable (i) statutes, enactments, acts of legislature or parliament, laws, bye-laws, ordinances, rules, regulations, listing agreements, notifications, guidelines or policies of any applicable jurisdiction; (ii) administrative interpretation, writ, injunction, directions, directives, judgment, arbitral award, decree, orders or consents of, or agreements with, any Governmental Authority or a recognized stock exchange; and (iii) international tax treaties, as may be in force from time to time;
“Governmental Authority” means any Indian or non-Indian court of competence, arbitral tribunal, legislative, executive or administrative agency or commission or other governmental or regulatory agency or authority or any securities exchange;
“Intellectual Property Rights” means:
• patents, trademarks, trade names, service marks, service names, logos, internet domain names, corporate names, rights in designs, copyright (including right in computer software) and moral rights, database rights, semiconductor topography rights, utility models, formulae, processes, trade secrets, proprietary information, rights in knowhow and other intellectual property rights, in each case, whether registered or not and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
• rights under licenses, consents, order or statutes or otherwise in relation to a right under paragraph (a);
• rights of the same or similar effect or nature as or to those under paragraph (a) and (b) which now or in the future may subsist;
• the right to sue for past infringements or any of the foregoing rights.
“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Laws;
“Services” shall include the provision of Website and any other products or services provided by FloBiz on the Website;
• Changes to the Terms of Service
• FloBiz may revise these Terms of Service at any time by amending the terms contained herein. The User must check https://flobiz.in/terms/ from time to time to take notice of any changes made to these Terms, as they are binding on the User.
• FloBiz may, without prior notice, change the Website; add or remove functionalities or features; stop providing the Website, or features of the Website, to the Users (specifically and generally); or create usage limits for the Website.
• Acceptance of the Terms of Service
• The User agrees that the User shall be bound by these Terms by accessing the Website. IF THE USER DOES NOT ACCEPT THESE TERMS OF SERVICE, THE USER MUST NOT USE THE WEBSITE. • For the User’s use of the Website, FloBiz grants the User a limited, non-exclusive, non-transferable right use the Website. However, the User shall not copy the Website or any of its components.
• FloBiz also grants the User a non-exclusive, non-transferable license to access such content on the Website which is owned by FloBiz. For using any content owned by a third party Person, the User still require a license from such third party Person, and FloBiz does not license such content to the User and the User’s use of content owned by a third party Person is governed by applicable terms and conditions prescribed by such third party Person.
• Conditions for use
• By agreeing to these Terms of Service, a User (where such User is a natural Person) represents that the User is at least the age of majority i.e. 18 years, and is competent to contract. Additionally, where the User is registering on behalf of, and is the authorized representative of, a company, partnership or any other legal entity, such User has been duly authorized by such entity and is permitted under Applicable Laws to accept these Terms of Service. The User represents and warrants that the User has the full power and authority to accept the Terms of Service, access the Website, under these Terms of Service and that these Terms of Service are binding upon the User and enforceable in accordance with their terms. All Services by FloBiz are governed by these Terms of Service. Where the Services are availed by a company, partnership or any other legal entity, the User represents and warrants that the entity has the full power and authority to accept the Terms of Service and such Terms of Service shall bind such company, partnership or any other legal entity, as applicable.
• In case FloBiz alters or amends the eligibility criteria to be registered for receiving the Services and the User no longer complies with the new eligibility criteria, as determined by FloBiz in its sole discretion, the User accepts that FloBiz may restrict or suspend the access to the Services without any liability for FloBiz. The User is solely responsible for ensuring that the User is in compliance with these Terms of Services.
• The User shall co-operate with FloBiz and its officers, representatives, directors and agents and render assistance to FloBiz for the purpose of enabling and providing the Services.
• The User shall ensure that there are proper security measures at its respective desktop, mobile device or other device used to access the Website to prevent any hacking and the User accepts all liabilities with respect to any compromise or unauthorized use or disclosure or access to such information.
• Availability of the Services and the Website
• The User may not use the Website for any illegal or unauthorised purpose, nor may the User, in the use of the Website or the Services, violate any Applicable Laws (including but not limited to copyright laws). FloBiz reserves the right to refuse or discontinue the Services or the Website to anyone for any reason at any time.
• The User agrees to promptly update the User’s account and other information required by FloBiz, including the User’s email address, mobile number, personal details, and details of a User’s payment instrument, in connection with the provision of the Services or use of the Website. The User undertakes to provide all such information, documents, and data as may be required or instructed by FloBiz for the use of the Website or provision of the Services.
• The User may be required to setup an account with FloBiz on the Website for the use of the Services. The User may be required to provide personal details, login information, a password and other information required by FloBiz in connection with the setup of the account. In case of any inaccuracy or material omission in the information provided by the User to FloBiz, FloBiz reserves the right to discontinue the User’s right to access the Website.
• The User hereby grants FloBiz the right to access all information, data and details provided by the User, including, without limitation, any Confidential Information, that is required or necessary for FloBiz for the provision of the Services. The User agrees and accepts that FloBiz may store, transfer, process and utilize the information, data and details of the User, including, without limitation, any Confidential Information, including without limitation, store such information, data and details in the servers of FloBiz.
• Restrictions on the use of the Website
• FloBiz provides the Website for use by the Users for obtaining information or availing the Services that are provided by FloBiz. The User agrees that the User shall not use the Website or the Services in any manner inconsistent with these Terms of Service, or in breach of Applicable Laws.
• The availability of the Website or the Services is subject to the maintenance of an active computer / mobile phone, electricity, internet connection and other utilities or infrastructure, as may be necessary. The User is solely responsible for all liability arising from the unavailability of the Website, or the Services due to a deficient or defective computer / mobile handset or the internet service provider not being able to support the Website or the lack of an electricity connection or any other utility or infrastructure which prevents the use of the Website, or the availability of the Services.
• The User shall be solely responsible for the confidentiality, safety and security of the user account opened by the User. The User shall be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of User’s account. In case the password is lost or misplaced, the User shall promptly inform FloBiz. In case the username and the password associated with the User’s account is lost/stolen/misplaced/hacked/no longer in the User’s control, the User shall promptly inform FloBiz. FloBiz will, upon receipt of such information block the relevant account.
• The User shall not circumvent or disable any digital rights management, usage rules, or other security features of Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use the Website in a manner that threatens the integrity, performance, or availability of the Website.
• Without limiting the foregoing, the User agrees that the User shall not use the Website, or the Services to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• infringes any patent, trademark, copyright or other proprietary rights;
• contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment;
• advertises or offers to sell any goods or services for any commercial purpose;
• is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
• falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
• violates any law for the time being in force;
• belongs to another Person to which the User does not have any right to;
• interferes with or disrupts the Website, servers, or networks;
• impersonates any other person;
• harms minors in any way;
• forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate the User’s presence on its websites;
• engages in any illegal activities;
• defame FloBiz, its employees, officers, directors, agents, partners and service providers, including without limitation, by posting any defamatory content on any social media;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
• The User shall not attempt to or engage in any activity that may:
• reverse engineer, decompile or otherwise extract the source code related to the Website or any part thereof, unless it is expressly permitted by FloBiz to the User in writing or is required by the Applicable Law;
• use any robot, spider, retrieval platform, or other device to retrieve or index any portion of the Website, or content thereof;
• collect information about other Users for any illegal or unlawful purpose;
• create any User accounts by automated means or under false or fraudulent pretenses for using the Website;
• transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website;
• use the Website in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Website, or interfere with any other third party Person’s use and enjoyment of the Website;
• carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Website or any part of the Website or any other User of the Website;
• The User shall not use the Website or the Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, or public policy or for any purpose that might negatively prejudice the goodwill of FloBiz or violate the Terms of Service.
• FloBiz’ rights
• FloBiz reserves the right to suspend/discontinue the Website, the Services and any other products/services to the User and/or to sever its relationship with the User, at any time, for any cause, including, but not limited, to the following:
• For any suspected violation of the rules, regulations, orders, directions, notifications, laws, statutes, from time to time or for any violation of the terms and conditions mentioned in these Terms of Service.
• For any suspected discrepancy in the particular(s), documentation or information provided by the User;
• To combat potential fraud, sabotage, wilful destruction, threat to national security, for any other force majeure reasons etc.;
• If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
• If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
• If the User does not have the control over the User’s login details and password or the User’s account is compromised in any other manner;
• If the User indulges in any abusive or aggressive or threatening behaviour or any act or any intimidation or harassment of any kind (be it verbal or physical or written) against any employee / representative / agent of FloBiz or any other User; and
• If FloBiz believes, in its reasonable opinion, that cessation/ suspension is necessary.
• Accuracy of information
• FloBiz is not responsible if information made available on the Website (including any information in relation to the Services) is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting, primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website (including any information in relation to the products or services provided by FloBiz) is at the User’s own risk.
• The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. FloBiz reserves the right to modify the contents of the Website at any time, but FloBiz has no obligation to update any information on the Website. The User agrees that it is the User’s responsibility to monitor changes to the Website or any other information provided in connection with the Services.
• FloBiz undertakes no obligation to update, amend or clarify information on the Website, or in relation to the Services, including without limitation, pricing information, except as required by Applicable Laws. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the FloBiz or on any related website has been modified or updated.
• No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with Website or any data/content, including without limitation, the Services. While FloBiz may apply such technology as it deems fit to ensure the security of and prevent unauthorised access to the Website and the Services, FloBiz does not warrant that the Website/services or any content/data will be provided uninterrupted or free from errors or that any identified defect will be immediately corrected. Further, no warranty is given that the Website/Services or any data/content are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. FloBiz provides the Website, the Services and other Website/services on an “as is”, “where is”, “with all faults” basis.
• The User acknowledges that he/she has not solely relied on any representation/warranty made by FloBiz, service providers, subcontractors or agents and has made an independent assessment of Website and Services. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website or on the Internet generally.
ALL OTHER WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR USAGE OR FOR THE INTENDED USE THEREOF ARE EXPRESSLY EXCLUDED IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES.
• Exclusions of liability
• Notwithstanding anything to the contrary FloBiz, its successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives shall in no event be liable to the User or any other Person for:
• any indirect, incidental, special, consequential, punitive or economic loss, expense or damage arising from or in connection with any access, use or the inability to access or use Website, the Services or any other products/services of FloBiz and data/content or reliance on those, including without limitation, in case of the Services, the Website, howsoever caused and regardless of the form of action (including tort or strict liability);
• any downtime costs, loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and/or
• any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s login details and password, and any improper usage, failure or malfunction of any computer or mobile phone, unavailability of an electricity connection, other telecommunications equipment, any other services or equipment necessary to access website and services, including without limitation, the Services, the Website.
• FloBiz shall not be liable for any inconvenience, loss, cost, damage or injury suffered by the User or any third Person arising from or caused by:
• act or omission of any third party including but not limited to any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing;
• the use of Website and services, including without limitation, the Services, the Website by third Persons, whether authorised or unauthorised by the User;
• theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login details and password, hardware and/or equipment on which the Website is accessed or operated;
• the User being deprived of the use of the Website as a consequence of any act or omission by FloBiz for any reason including but not limited to compliance with any Applicable Laws and/or regulations and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT, SHALL FLOBIZ OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS AND/OR PERSONNEL, BE LIABLE TO THE USER OR ANY PERSON FOR ANY DAMAGES, LIABILITIES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (I) THESE TERMS OF SERVICE, THE SERVICES, THE WEBSITE, OR ANY REFERENCE SITE, APP, WEBSITE OR SERVICES; OR (II) THE USER’S USE OR INABILITY TO USE THE SERVICES, THE WEBSITE, OR OTHER WEBSITE OR SERVICES OF FLOBIZ OR ANY REFERENCE SITE; OR (III) ANY OTHER INTERACTIONS WITH FLOBIZ; HOWEVER CAUSED AND WHETHER ARISING IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE, BEYOND OR IN EXCESS OF INR 1,000, OR ANY LOWER AMOUNT AS MAY BE PERMITTED UNDER APPLICABLE LAWS, WHICHEVER IS LESS.
• FloBiz shall make all best efforts to provide uninterrupted services subject to down time and regular maintenance. Notwithstanding anything in these Terms of Service, the User acknowledges that the Website and the Services may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. FloBiz shall adopt all such best technical and non-technical security measures that it considers are appropriate and are the same as that is prevalent in the industry to render the Services, however FloBiz does not guarantee that such security measures cannot be subverted to gain unauthorized access. In the event of interruption to the Services or loss of use and/or access to the Website, FloBiz shall aim to use best endeavors to restore the Services and/or access to the Website as soon as reasonably possible.
• FloBiz is not responsible for any information or content uploaded by the User on the Website. FloBiz is not responsible for any direct or indirect damages or losses caused to the User, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Website. It is solely the User’s responsibility to evaluate the accuracy, reliability, completeness and usefulness of information and content available on the Website that is used by the User.
• Third party services
• FloBiz may provide the User with access to third-party tools and services and certain content, website and services available by FloBiz may include materials from third-parties which FloBiz neither monitor nor have any control over. Third-party links on the Website may direct the User to third-party websites that are not affiliated with FloBiz.
• The User acknowledges and agrees that FloBiz provides access to such links, website, tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and FloBiz does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of third-parties. FloBiz shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools and services. The User is requested to review the third-party’s policies and practices carefully and make sure that the User understands them. Complaints, concerns, or questions regarding third-party products should be directed to the third-party.
• The User will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User shall not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. By breaching this provision, the User would commit a criminal offence under the Information Technology Act, 2000. FloBiz will report any such breach to the relevant law enforcement authorities and FloBiz will cooperate with such Governmental Authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website and the Services will cease immediately.
• FloBiz will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the Website or the User’s downloading of any information and content on it, or on any website linked to it.
• The User should use the User’s own virus protection software. FloBiz cannot and do not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties.
• Personal information
• Intellectual property
• All Intellectual Property Rights in the Website and the Services belong to FloBiz or the applicable third-party owner of such rights. Nothing in these Terms of Service shall operate to transfer any Intellectual Property Rights beyond the specific licenses, as may be specifically agreed in writing. FloBiz retains ownership of all rights, titles to, and interests in any and all Intellectual Property Rights developed, owned, licensed or created by the FloBiz.
• No part or parts of the Website may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without FloBiz prior written permission. The User may view, print or use FloBiz’s content for personal, non-commercial use only, provided further that the User does not modify the content and that the User retains all copyright notices and other proprietary notices contained in the content.
• The User shall not claim any rights or interest in the Intellectual Property Rights of FloBiz, or in connection with any other services, features or product offered by FloBiz to the User, including without limitation, the Website or the Services. In no event shall the User alter, tamper, vary, modify, change, disassemble, decompile, or reverse engineer any Intellectual Property Rights of FloBiz (including without limitation any Intellectual Property Rights licensed to the Company by any other Person) (collectively, “IP Property”), or permit others to do so. Altering, tampering, varying, modifying, changing, disassembling, decompiling and reverse engineering include, without limitation:
• converting the IP Property from a machine-readable form into a human-readable form;
• disassembling or decompiling the IP Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof;
• examining the machine-readable object code that controls the IP Property’s operation and creating the original source code or any approximation thereof by, for example, studying the IP Property’s behaviour in response to a variety of inputs;
• performing any other activity related to the IP Property that could be construed to be reverse engineering, disassembling, or decompiling; or
• making any alteration or change to the IP Property without the express prior written consent of FloBiz.
The User agree to indemnify, defend and hold harmless FloBiz, and each of its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Indemnified Parties”), from all claims, demands, losses, costs, fees suffered or incurred by the Indemnified Parties due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
If FloBiz does not exercise a right under these Terms of Service, it shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms of Service shall not be viewed as a waiver by FloBiz, unless specifically agreed by FloBiz in writing.
• Force Majeure
• For purposes of these Terms of Service, “Force Majeure Event” means any event or circumstance, regardless of whether it was foreseeable (including without limitation an act of war, hostility, or sabotage; act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); criminal, revolutionary, or terrorist activity), that: (a) was not caused by a party and, (b) prevents that party from complying with any of its obligations pursuant to these Terms of Service (other than an obligation to pay money) or provision of the Services.
• If a Force Majeure Event occurs, the party that is prevented from performing (the “Nonperforming Party”) will be excused from performing those obligations rendered un-performable by the Force Majeure Event. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the Performing Party and to resume its performance pursuant to these Terms of Service.
• Relationship of the parties
The User agree that no joint venture, partnership, employment, or agency relationship exists between the User and FloBiz as a result of these Terms of Service, the User’s use of the Website, or the availing of Services from FloBiz.
The User shall not assign or transfer the rights and obligations of the User under these Terms of Service, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without FloBiz’ prior written consent. FloBiz may assign or transfer the rights and obligations contained in these Terms of Service to any Person.
• Governing law and jurisdiction
• These Terms of Service will be governed by the laws of the India without any application of conflict of laws principles. • In case of any differences, disputes or disagreements between the User and FloBiz (“Dispute”), the User and FloBiz shall attempt to amicable resolve such dispute within 30 days from the date on which such Dispute arose.
• In case the User and FloBiz are unable to amicably resolve the Dispute within 30 days from the date on which such Dispute arose, the Dispute may, at the option of the User or FloBiz, be referred to arbitration by a sole arbitrator appointed by FloBiz. The seat of arbitration shall be Bangalore and the language of arbitration shall be English. The award of the sole arbitrator shall be final and binding on the User and FloBiz.
For the purposes of these Terms of Service, the term “Confidential Information” shall mean and include all tangible and intangible information obtained, developed or disclosed or accessed including all documents, data papers and statements and trade secret of the User relating to its business practices and considered to be confidential and proprietary information. FloBiz shall strictly safeguard the Confidential Information and shall take all the necessary action to protect it against misuse. FloBiz shall be entitled to disclose the Confidential Information where:
• Where such Confidential Information is in or enters the public domain without FloBiz’s default;
• Where such Confidential Information is known to FloBiz at the time of first receipt, or thereafter becomes known to the FloBiz prior to such disclosure without similar restrictions from a source other than the User, as evidenced by written records;
• Where such Confidential Information is disclosed to employees, consultants, auditors, advisors and shareholders of the Party who are under a duty of confidentiality, or pursuant to Applicable Law or order of any Governmental Authority;
• Where such Confidential Information is required to be disclosed to partners of FloBiz for the provision of Services (including, without limitation, any services to be provided by the partners).
• Contact Information
• Questions about these Terms of Service should be sent to FloBiz to [email protected]. Any notices to FloBiz in connection with the Website or these Terms of Service must be sent to the address given below:
Metaloop Innovation Labs Private Limited
138, Robinson Road, Oxley Tower,
• Notice shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt.
• FloBiz may give telephonic notice to the User by calls to appropriate numbers, by messaging to the telephone number, or by an email to the email address of the User available on record with FloBiz. The Users agree that in case there are any changes in any information provided by the User to FloBiz, including the User’s phone number, e-mail address and other contact details, the User will be solely responsible to update them regularly. The User agrees that all agreements, notices, disclosures and other communications that FloBiz provide to the Users electronically satisfy any legal requirement that such communications be in writing. If FloBiz sends any communication by e-mail or to the User’s phone number, it shall be sent to the User’s e-mail address or phone number available on the records created by the User on the Website and it shall be deemed to have been received by the User once it is reflected as sent in the outbox of the FloBiz e-mail id or at the time of dispatch of the message.
• Cumulative rights
The rights and remedies of FloBiz provided in this Terms of Service are not exclusive, but are cumulative upon all other rights and remedies to the full extent allowed by law
• Entire understanding
These Terms and Conditions constitute the entire agreement between FloBiz and the User pertaining to the subject matter hereof and supersede in their entirety all written or oral agreements between the FloBiz and the User.