Terms and Conditions

TERMS AND CONDITIONS OF SERVICE AND USE


1. GENERAL

  1. We, Red Tortoise Digital Media Private Limited, a Private Limited Company, incorporated under the Companies Act, 2013, having its registered office at “ No: 360, 1st main, Jakkasandara Koramangala, Bangalore - 560034”, represented by its members, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Mobile Application “ Flintzy Mobile” and its Website Flintzy.com (hereinafter collectively referred to as the “Platform”).
  2. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, customers, merchants, and/ or contributors of content.
  3. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
    1. “Content” means also the digital media content which is the audio-visual entertainment in the form of full-length feature films, promotional videos includes but not limited to trailers, sneak peaks videos and various other content offered through our Platform (“Content”).
    2. Customers” shall refer to those willing to avail the content through our Platform.
    3. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
    4. “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and refer to natural and legal individuals who use the Mobile Application or Website and who is competent to enter into binding contracts, as per Indian laws
    5. “Services” refer to sharing and distributing the Content with the Users/Third parties through the platform decided the Company from time to time.
  4. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
  5. The use of the Platform Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform. Without prejudice to the generality of the above, no person under the age of 18 may use or access the Services or the Content or attempt to enter into any transactions on our service.
  6. These terms of use, which include our Privacy Policy, as may be amended or altered by Company (“Terms of Use”), govern your use of the Services. Your access or use of the Platform including this website constitutes a legally binding agreement with Us.

2. REGISTRATION

  1. Registration is mandatory for users who want to promote their content with us on various platforms.
  2. Users shall register themselves on the Platform by providing information including but not limited to personal information such as name, location, e-mail address, contact number, etc.
  3. The Users may also link their Facebook/Google accounts with the Platform at the time of their registration.
  4. The Registration and use of the Platform is however free of cost and no charges are applicable for the same.
  5. Further, at any time during Your use of this Platform, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You.

3. SERVICE OVERVIEW

The Platform is a effective YouTube video distribution platform who has a powerful network of premium blogs, apps, games, websites and social networks that will display the Customers video to their right audience.

The Company being a digital marketing platform takes up the responsibility for promoting but not limited to Youtube Videos which is uploaded by the Customers. The Company starts its promotion only when the Customer gives its consent by making a successful payment towards the promotion of the Video and shares the Url with the Company.


4. CONTENT

  1. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
  2. The User is solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
  3. The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.

5. PAYMENTS

  1. The Payment towards the Service must be made prior which will be considered as a consent from the Customer.
  2. Price and currency may vary in accordance to the country you are located in.
  3. Payments for the Content shall by made by the User through the PayPal or other third party payment gateway as available through the Platform.
  4. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
  5. Further, the Platform does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Users whilst using any third-party payment gateway to make payments. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform shall not be associated with any dispute arising therefrom.
  6. The Company will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability.
  7. The Company will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability.
  8. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. The Company, as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

6. Licenses and Intellectual Property

  1. You may not resell streams or downloads, use any Content for and commercial purpose, redistribute or retransmit any program, publicly perform or display any program, or make derivative works from any Content. All rights not expressly granted herein are reserved by the applicable Content contributor.
  2. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trade mark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
  3. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

7. TERM

  1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
  2. A Customer may terminate their use of the Services and the Platform at any time.
  3. The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  4. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
  5. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.

8. TERMINATION

  1. The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
  2. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
  3. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
  4. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

9. COMMUNICATION

  1. By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receiving calls, e-mails or SMSs from the Company and/or any of its representatives at any time.
  2. Customers can report to support@flintzy.com if they find any discrepancy with regard to Service-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
  3. The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any service availed of by the User on the Platform or anything pursuant thereto and the User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.

10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Platform, and that they:

  1. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information.
  2. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
  3. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  4. Understand and acknowledge that the data submitted is manually entered in to the database of the Platform. The User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the User, and to streamline the Services through the Platform.
  5. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption's, Customer locations, User comments, reviews and but not limited to views count, likes count, subscribers count, comment count, ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
  6. Allow users to give us access to their youtube analytics account. That will help the Platform to show customers detailed analytics of the promotion which is done as their service.
  7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.

11. SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to usage of the Platform to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;
  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;
  3. If the User’s actions may cause any harm, damage or loss to the other Users or to the Company, at the sole discretion of the Company.

12. INDEMNITY

You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its service providers, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. Your use of the Platform,
  2. Your violation of these Terms and Conditions;
  3. Your violation of any rights of another;
  4. Your alleged improper conduct pursuant to these Services;
  5. Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.


13. LIMITATION OF LIABILITY

  1. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
  2. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

14. DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
  2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
  3. The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
  4. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  5. The Company shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform.
  6. Through this Platform you are able to link to other Platforms which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
  7. Platform shall access public Content from third-party social networking services, such as YouTube. The Platform uses YouTube API Services, and by using YouTube Content within Platform’s sites and Services you are agreeing to be bound to YouTube’s Terms of Service, which can be found at https://www.youtube.com/t/terms and Google’s Privacy Policy, which can be found at http://www.google.com/policies/privacy. Third-party social networking services, such as Google and YouTube, may update their Terms of Service and Privacy Policies from time to time, and Platform is not responsible for the Customers review of any changes or updates to these. The Customer is recommend to go through YouTube’s Terms of Service and Google’s Privacy Policy regularly.
  8. Platform shall access Authorized Data like YouTube Analytics to show the performance of the service provided by our platform with your consent. You can revoke access to our platform via our platform or via Google security settings page Our platform deletes the data stored within 30 calendar days from the time you revoke the access to our Platform.
  9. In no case shall our Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15.FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.


16. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
  2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.


17. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@flintzy.com.


18.MISCELLANEOUS PROVISIONS

  1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
  2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  4. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at support@flintzy.com.