Digital Flame

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Terms and Conditions

Welcome to Digital Flame!

We at Digital Flame are dedicated to provide you digital marketing and research services, which shall include without any limitation, Search Engine Optimization, Search Engine Marketing, setting up social media platforms such as Facebook, Instagram, Google My Business; content engagement as well as ongoing management of these platforms, monitoring social media conversations and responding to the same as more clearly elaborated in the pitch presentation. Our sole purpose is to provide value to the businesses on the digital arena and play a vital role in the ongoing digital revolution.

The Terms of Use (“Terms”) stipulated hereunder shall govern and control Your (User’s) access to and the use of Digital Flame website , mobile/tablet applications and any other modes of Your interaction with Digital Flame (hereinafter for the sake of brevity referred to as “Site”).

For the purpose of the Terms, wherever the context so requires and permits, “We“, “Us“, “Our/s” shall refer to Digital Flame and its affiliates and the terms “You” and “Your/s” shall refer to You, as a User of Our Site. By viewing/ accessing or using or downloading/ registering with Site, You are agreeing to these Terms which conclude a legally binding Agreement between You and Digital Flame. If You do not agree to be bound by the Terms, please abstain/ refrain from and cease/ discontinue/ stop using the access of this Site.

Digital Flame and User(s) of Digital Flame shall be individually referred to as a “Party” collectively referred to as the “Parties”.

This electronic record is generated by a computer system and does not require any physical or digital signature for it to be binding on parties.

DEFINITIONS

“Applicable Laws” shall mean and include means any applicable and relevant law, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, injunction, permit or decision of  government of India, court or other legislative body, having jurisdiction over or otherwise governing these presents, as may be in force from time to time, without regard to conflict of law principles.

“Client” shall mean and include individuals, associations, company, partnership institutions, organizations, entities, whether registered or not, who have approached Us through our Site to check or buy our products as displayed on the Site.

“Information” shall mean and include the data/information which may be provided by the User while registering with Us through creation of  online account and such data/ information provided while visiting our Site, including but not limiting to:

  • Personally Identifiable Information (hereinafter referred to as “Personally Identifiable Information /PII”) including but not limited to: Your name, address, age and date of birth, Your gender, marital status, Your email address, Your contact number, Aadhar No./ PAN.

“Person/s” shall mean and include any individual, company, partnership, limited liability partnership, limited liability company, business entities, association or corporation, whether incorporated or not.

User/s” shall mean and include the Person/s who undertakes/ participates and provides Information through Our Site.

“Third Party” shall mean and include any individual, association, body corporate, organization entities, who are not under the purview of Digital Flame Terms of Use and the Terms mentioned herein under.

USER’S REPRESENTATION

Users represent and confirm that:

  1. To use the Site, You represent that You are eighteen (18) years of age or above and such representation shall amount to binding contract with Us. As a minor or a person of unsound mind or as a person who is incompetent to contract, if You wish to use/transact/avail the Services on the Site, it shall be assumed that such use is made by You in the presence of an adult or Your legal guardian (by obtaining their consent) who is capable of agreeing to these Terms and such adult/guardian shall be liable in case of breach/default/ non-adherence/ non-compliance/ non-observance of these Terms.
  2. You agree to the collection/processing/use/storage/analyzation/monetization of Your data and/or Information in accordance with Our privacy policy.
  3. You agree that Your access/view and use of this Site is at Your own risk, including the risk that You may be exposed to content that may be inaccurate, offensive, objectionable or otherwise inappropriate.
  4. You agree that Your access to / use of the Site may be modified/altered, updated, interrupted, suspended or discontinued at any time without giving prior notice and We shall not be held liable for such discontinuation/ modification/ alteration to the Site/ content or Information for any such inconvenience in whatsoever manner caused to You from accessing/viewing/ downloading .
  5. You represent and warrant that the data/ Information You trade/ share with Us through Digital Flame is true and correct. You shall indemnify Us and Our Clients against any loss/ damage/ injury/ harm incurred/ suffered by/ caused to Us due to the reason of inaccuracy/ false/ incorrect Information and such indemnification shall be as per the indemnification process as detailed in Clause 6 (“Indemnity”) and You shall also be bound by the obligations as mentioned therein under.
  6. Please be sure to review these Terms periodically for any updates/changes/modifications. Your continued use of the Site following the updates/modifications/changes shall mean that You accept and agree to the revisions. Subject to Your strict compliance with these Terms and any other policies laid down by Us, we grant You a personal, non-exclusive, non-transferable, limited license to access and use the Site, solely for Your personal, non-commercial use.

 

INFORMATION

Our Site allows You to upload, submit Your Information/ data. You alone are responsible for the Information on Our Site uploaded, stored, sent to, published, advertised, submitted etc. by You, and once published; Your Information cannot always be withdrawn. You assume all risks associated with Your Information, including anyone’s reliance on its quality, accuracy, details, reliability and/or any disclosure by You of information in Your Information that makes You personally identifiable. You represent that You own, or have the necessary permissions to use and authorize the use of Your Information as described herein.

When You upload, submit Information through Your use of Our services, You give Us (and those we work with), a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes We make so that Your Information works better with Our Site), communicate, publish, share publicly display, filter, flag, distribute and/or remove such Information. The rights You grant in this license are for the limited purpose of operating, promoting, conducting, continuing and improving our services, and developing new ones.

You may expose Yourself to liability if, for example, Your Information contains material that is false, intentionally misleading, defamatory; violates any Third-Party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech, pornography etc.; exploits or otherwise harms minors/any other person; or violates or advocates the violation of any central, state and/or international laws, rules and/or regulations.

PROHIBITED USES OF THE SITE

You understand and agree to use the Site only for the purpose of checking or buying products or availing services displayed on the Site and not for any other commercial purpose/ any fraudulent or unlawful purpose/harmful or attempting to harm any Person/ repute of any Person (including minors and/or vulnerable adults).

  1. You understand and agree that You shall not use the Site for knowingly/unknowingly transmitting any data, sending or uploading any material or information that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spy-ware, ad-ware, malware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of the Site.
  2. You understand and agree that You shall not use the Site to gain unauthorized access to/tamper with/ hack into any of Our facilities.
  3. You understand and agree that You shall not use the Site :
  • to reproduce, duplicate, copy, rebrand or sell all or any part of Services provided on Our Site.
  • not to access without authority, interfere with, damage or disrupt
  • all or any part of Site;
  • all or any device or network on which Site is stored;
  • all or any equipment or network or software owned or used by any Third Party.
  1. You agree to use the Site strictly in accordance with the purpose set out in these Terms.
  2. You understand that You shall not modify/ copy/ distribute, transmit/display/perform/reproduce/publish/license/create derivative works from/transfer, or sell any Information, software, products or Services from the Site except authorized by Us and You shall not reverse engineer the Site;
  3. You agree that You shall not use any foul/ abusive/ hateful/ obscene language in the content including but not limited to Your bio, name, data, comments and/or profile images;
  4. You agree to act in strict consonance with these Terms, Our Policy and other Agreements You have/ may have with Us;
  5. You agree not use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that Digital Flame owns all legal rights, titles and interests in and to the Site, including any intellectual property rights which subsist in the Site  (whether those rights happen to be registered or not, and wherever in the world those rights may exist). These rights shall include, but not be limited to, art work, innovative technique based on art, know how, records, procedures, brands, trademarks, copyright, computer programs, circuit lay-outs, patents, designs, business names, trade secrets, innovative questionnaire methods used by Digital Flame. The same should not be shared, published or used in any manner without Our prior written permission. We take protection of intellectual property, both Our own and others, very seriously. We therefore employ measures to prevent any infringement and to promptly end any infringement that might occur.

You further agree to keep in confidence and not to disclose or use for Your own benefit or for the benefit of any Third Party or for no benefit at all (except as may be required for the performance of services under these Terms or as may be required by law), any Information, documents and/or materials that are specified/marked as confidential or are reasonably considered confidential regarding Digital Flame its businesses, customers, clients, suppliers, or methods of operation and You shall also take such reasonable care to protect such Information as You would have taken if the Information was Your own property.

RETURN AND REFUND POLICY

We follow a strict no refund policy. Once the order for the service/s has been confirmed, you cannot cancel it at any given scenario, as the moment you confirm the order, the work on it starts the very moment. In certain scenarios, where the work does not start, Digital Flame reserves the right to decide whether to refund the paid amount or not.

INDEMNITY

You agree to defend, indemnify, irrevocably and unconditionally, within a period of 10 (ten) days from the incurrence of any loss/damage/injury/ pronouncement of decree by the court of competent jurisdiction, hold Us harmless as a continuous obligation from and against all claims (including without limitation claims from other users and all other Third Party claims), actions, suits, demands, damage, obligations, settlements, judgments, service liability claims and all costs, charges, expenses, losses and damages (including without limitation reasonable attorneys’ and other professional advisors’ fees, costs and expenses) incurred or suffered or caused to or sustained by us by reason of:

  1. Any claims by government regulators or agencies for penalties or sanctions or other remedies arising from or in connection with Your failure to comply with its regulatory/legal requirements and compliances;
  2. Your access or use of the Site.
  3. Any claims occurring on account of misconduct, negligence, wrongful acts of omission or commission, misuse of systems or failure to follow the established procedures by You and/or anyone acting on Your behalf.
  4. Any claim by Third Party with respect to violation of intellectual property.
  5. Violation of rights of privacy or publicity of other Users of any Third Party by You
  6. Any breach, non-observance, non-performance, violation of any of these Terms , Our Policy or any other policy by You;
  7. Indemnification Process: We shall give notice as promptly as reasonably practicable, to User/s, informing User/s of such costs/loss/injury/damage and/or commencement of any action against or by Digital Flame; Provided herein that failure to notify User/s on occurrence of such loss or on commencement of any action against or by it shall not release the User from the liability contained herein. Upon such notification, the User/s shall assume the liability and shall within ten (10) days indemnify, keep indemnified and hold harmless Digital Flame against actions/ claims/ losses/ damages/ judgments/ costs/ expenses incurred or suffered by Digital Flame and/or Client and/or any other Third Party. The User/s shall not be entitled to any expenses incurred by it in the process of indemnification.

DISCLAIMER AND LIMITATION OF LIABILITIES

THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

DIGITAL FLAME MAY MAKE IMPROVEMENTS OR CHANGES TO SITE AT ANY TIME.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON “AS IS” AND WHERE IS BASIS WITHOUT WARRANTY OR GUARANTEE OR CONDITION OF ANY KIND. DIGITAL FLAME AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OFFICE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF  SITE, WITH THE DELAY OR INABILITY TO USE THE  SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIGITAL FLAME OR  ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OF THE SITE.

THE CONTENTS DISPLAYED ON THE SITE ARE TARGETED FOR MATURE AUDIENCE.THE OBJECTIVE OF THE SITE IS NOT TO HURT ANY SENTIMENTS OR BE BIASED IN FAVOR OF OR AGAINST ANY PARTICULAR PERSON, SOCIETY, GENDER, CREED, NATION OR RELIGION. KINDLY DO NOT BROWSE THROUGH THE ARTICLES, DIGITAL FLAME AND BLOGS IF YOU BELIEVE THAT CERTAIN KINDS OF CONTENT MAY BE OFFENSIVE TO YOU. VIEWING ANY CONTENT OF THE SITE IS A CONSCIOUS CHOICE OF THE USER AND SHALL NOT BE THE RESPONSIBILITY OF OURS’. WE RECOMMEND THAT UNLESS YOU ARE COMPLETELY CONVINCED, DO NOT READ OR PARTICIPATE ON DIGITAL FLAME OR AVAIL ANY OTHER SERVICES OF THE WEBSITE.

THIRD PARTY SERVICES AND CONTENT

Our Services may be made available or accessed in connection with Third party Services and content (including advertising) that We do not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such Third Party services and content. We do not endorse such Third Party Services and content and in no event shall We be held responsible or liable for any products or services of such Third Party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract. If You access our services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These Third Party beneficiaries are not Parties to these Terms and are not responsible for the provision or support of Our Services in any manner. Your access to Our Services using these devices is subject to Terms set forth in the applicable Third Party beneficiary’s terms of service.

Additionally, some of Our services are supported by advertising revenue. In consideration for granting You access to and use of the Services, You agree that We may place such advertising on the Services.

The Services may allow You to link to other Sites or resources on the Internet, and other websites/sites or resources may contain links to Our Site and Our Services. These other websites/sites are not under Our control, and You acknowledge that We are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of these websites/sites or other online resources. The inclusion of any such link does not imply endorsement by Us. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

PRIVACY POLICY

You hereby consent, express and agree that You have read and understood Digital Flame Privacy Policy. You further accept the terms and conditions of the Privacy Policy, which also governs Your use of Site.

GOVERNING LAW

These Terms are governed by and construed in accordance with the Applicable Laws of India, It is deemed that You, as We do, agree to be subject to the jurisdiction of courts in the city of Pune, Maharashtra only.

DISPUTE RESOLUTION

Any dispute, controversy, difference of opinion or claim (hereinafter referred to as “Dispute”) arising between You and Digital Flame shall be resolved mutually by engaging in a good faith negotiation to resolve the dispute.

In case the dispute is not settled within fifteen (15) days of such good faith negotiation, it shall be referred to arbitration.

In the event wherein the dispute is referred for arbitration:

  1. A sole arbitrator shall be appointed by the Parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each Party shall nominate its respective arbitrator, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.
  2. The arbitration shall be conducted in accordance with Arbitration and Conciliation act 1996. The venue of such arbitration will be Pune and the language of the arbitration shall be English. The award of arbitrator shall be binding upon both Parties. The cost of the Arbitration will be borne by both the Parties equally.

MISCELLANEOUS

You acknowledge and agree that We are  not liable for any loss or damage which may be incurred by You as a result of the availability of any external websites, applications or resources, which may appear on Our Site by way of advertisement or otherwise. Any reliance placed by You on the completeness, accuracy or existence of any such products/ services or other materials on, or available from, such websites, applications or resources is completely Your responsibility as We are not connected to such advertising or other material in any manner whatsoever.

You agree that no joint venture, partnership, principal-agent and/or employment relationship exists between You and Digital Flame as a result of these Terms or use of Digital Flame.

Fictitious names of companies, products, people, characters, and/or data mentioned on Site are not intended to represent any real individual, company, product, or event.

If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable and You shall remain bound by the updated Terms.

Pacta sunt servanda: Agreement must be kept: This Agreement between the Parties contains clauses which serve as law between the Parties, and the nonfulfillment of respective obligation constitutes a breach of the Terms.

Any rights not expressly granted herein are reserved.

HELP

If You have any doubts/queries about these Terms, kindly get in touch with Us by emailing at: info@digitalflame.in

By clicking the accept button/option in this agreement window or by visiting this website, You unconditionally consent to be bound by these Terms. Such an action is the symbol of Your signature and You have fully read and understood and are consenting to be bound by and are becoming a Party to these Terms  contained herein and agree that this agreement is enforceable like any written negotiated agreement which is read, understood and signed by You.CIN : U74999PN2020PTC1