TERMS OF USE
ACCEPTANCE OF TERMS
Welcome to www.finflutter.com (website, mobile applications and the Company owning them combined-hereafter referred to as "finflutter"). The website (www.finflutter.com) and the mobile applications are owned and operated by the company 'Hoicabs Technologies Pvt. Ltd'. finflutter provides services to you subject to the following Terms of Use agreement (hereafter also referred to as "T&C"), which may be updated by us from time to time without notice to you. By accessing and using finflutter, you accept and agree to be bound by the terms and provision of the T&C. In addition, when using particular finflutter owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C. finflutter may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply. Members accessing finflutter content will be referred to as Users or finflutter members or finflutter subscribers.
ABOUT finflutter
finflutter provides you with commentary and analysis of financial markets. You understand and agree that information provided on finflutter is for informational purpose only, and does not constitute financial advice or purchase/sell recommendation for individual financial instruments. You understand and agree that you will not rely solely on the information presented on finflutter for your specific financial decision, and that you will seek financial counsel for your decision, or seek additional information to guide your financial decision. You understand that finflutter is not an advertising service for financial instruments of any kind, and that being mentioned on finflutter does not constitute a referral or endorsement of the (mentioned) financial instrument, by finflutter. finflutter is in no way, directly or indirectly responsible for the financial decision undertaken by its users, regardless of the outcome. finflutter acts only as a platform to analyse and track financial markets, and while it is committed to providing in-depth information to its users, in no way does it guarantee the quality of information provided, and users should expect and seek out any occassional errors. The consumption and use of information provided on finflutter is at the users' own discretion and risk. finflutter bears no responsibility for any of the following losses:
- loss of data
- monetary losses arising due to adverse market conditions or adverse price movements or adverse liquidity conditions
- loss of revenue or anticipated profits
- loss of business
- loss of opportunity
- loss of goodwill or loss, perceived or otherwise, to reputation
- losses suffered by users' kith and kin
- lossed suffered by third parties
- any indirect, consequential, special or exemplary damages arising from the use of finflutter, regardless of the form of action
You can access other sites via links from finflutter. These sites are not the control of finflutter and finflutter is not responsible in any way for any of their contents. Advertisements and advertising links, if any, on finflutter are not in control of finflutter and the content contained therein is the sole responsibility of the corresponding advertiser(s). finflutter accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Unless explicitly stated otherwise, any new features that augment or enhance the current finflutter services, including the release of new finflutter properties, shall be subject to the T&C. You understand and agree that finflutter is provided "AS IS" and that finflutter assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to finflutter, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access finflutter. You understand that the technical processing and transmission of finflutter, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
finflutter is designed to assist users based out of India only. Although it could be used by anyone from across the globe due to the open nature of internet, finflutter does not appreciate such an action and will not be responsible for any direct or indirect damages or losses that might be caused by using finflutter outside India and will not be party to any legal action that might be initiated as a result of the damages/losses
REGISTRATION OBLIGATIONS
In consideration of your use of finflutter, you represent that you are of legal age to form a binding contract and are not a person barred from using finflutter under the laws of India or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself and (b) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or finflutter has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, finflutter has the right to suspend or terminate your account and refuse any and all current or future use of finflutter (or any portion thereof). This agreement grants the User a non-exclusive, personal, limited, non-transferrable. revocable and royalty-free right to access and use finflutter after signing up/registration.
PRIVACY POLICY
Your personal and certain other information about you are subject to our applicable privacy policy. For more information, see the full 'Privacy Policy' at www.finflutter.com/privacy. You understand that through your use of finflutter you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to other countries for storage, processing, and use by finflutter and its affiliates.
ACCOUNT AND SECURITY
You are responsible for maintaining the confidentiality of your account in www.finflutter.com and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify finflutter of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. finflutter cannot and will not be liable for any loss or damage arising from your failure to comply with this T&C.
CONDUCT ON finflutter
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not finflutter, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via finflutter. You also understand that finflutter does not control, monitor, moderate or curate the Content posted via finflutter by any of its users, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using finflutter, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will finflutter be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via finflutter.
You agree to not use finflutter to: 1. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; 2. harm minors in any way; 3. impersonate any person or entity, including, but not limited to, a finflutter employee, financial counsel, wealth manager, any professional or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. force anyone or otherwise manipulate anyone in order to disguise the origin of any Content transmitted through finflutter; 5. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6. upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; 8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; 9. use, or cause to be used, finflutter to facilitate the transmission of unsolicited or unauthorized material, including but not limited to promotional materials, URLs, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available. 10. use robots or otherwise harvest others' email addresses from finflutter for purposes of sending unsolicited or unauthorized material. 11. upload, post, email, or transmit the same message, URL, or post multiple times. 12. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to use finflutter; 13. interfere with or disrupt finflutter or servers or networks connected to finflutter, or disobey any requirements, procedures, policies, or regulations of networks connected to finflutter, including using any device, software, or routine to bypass our robot exclusion headers; 14. intentionally or unintentionally violate any applicable local, state, national, or international law, and any regulations having the force of law; 15. stalk or otherwise harass another; and/or 16. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above. In case of breach of any of the terms in the T&C by anyone accessing finflutter, finflutter is not liable to any damage, defamation or any ill-effect caused due to the breach and finflutter shall not be a party to any legal dispute that might arise due to the breach.
You acknowledge that finflutter may or may not pre-screen Content, but that finflutter and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via finflutter. Without limiting the foregoing, finflutter and its designees shall have the right to remove any Content that violates the T&C or is otherwise objectionable at their own discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by finflutter or submitted to finflutter, including without limitation information in finflutter website and in all other parts of finflutter.
You acknowledge, consent, and agree that finflutter may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the T&C; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of finflutter, its users, and the public.
You understand that finflutter and software embodied within finflutter may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by finflutter and/or content providers who provide content to finflutter. You may not attempt to override or circumvent any of the usage rules embedded into finflutter. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on finflutter, in whole or in part, is strictly prohibited.
INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of finflutter and transfer, posting, and uploading of software, technology, and other technical data via finflutter may be subject to the export and import laws of India and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via finflutter to export-prohibited parties or countries; (c) will not use finflutter for military, nuclear, missile, chemical, or biological weaponry end uses in violation of export laws of any country; and (d) will not transfer, upload, or post via finflutter any software, technology, or other technical data in violation of all applicable export or import laws.
CONTENT SHARED WITH finflutter
finflutter does not claim ownership of Content you submit or make available for inclusion on finflutter. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of finflutter, you grant finflutter the following worldwide, royalty-free, and non-exclusive license(s), as applicable: 1. With respect to Content you submit or make available for inclusion on publicly accessible areas of finflutter, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on finflutter solely for the purposes of providing and promoting finflutter. 2. With respect to Content you submit or make available for inclusion on publicly accessible areas of finflutter, the perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, share, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 3. None of the private interactions on chat, call, mail, etc between users and finflutter will be recorded or saved by finflutter. It is the sole responsibility of the interacting members to back-up/ save the relevant information that might be required for later. This is done in order to protect your privacy.
"Publicly accessible" areas of finflutter are those areas of finflutter that are intended by finflutter to be available to the all users and professionals who access www.finflutter.com.
CONTRIBUTIONS TO finflutter
By submitting information, ideas, suggestions, documents, and/or proposals ("Contributions") to finflutter through its web pages and mobile applications, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) finflutter is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) finflutter shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) finflutter may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of finflutter without any obligation of finflutter to you; and (f) you are not entitled to any compensation or reimbursement of any kind from finflutter under any circumstances.
INDEMNITY
You agree to indemnify and hold finflutter and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify, or otherwise make available through finflutter, your use of finflutter, your connection to finflutter, your violation of the T&C, or your violation of any rights of another.
NO COMMERCIAL REUSE OF finflutter
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion or use of, or access to, finflutter (including Content, advertisements, Software, and your finflutter Account).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that finflutter may establish general practices and limits concerning use of finflutter, including without limitation the maximum number of days any uploaded Content will be retained by finflutter, the maximum number of email messages that may be sent from or received by an account on finflutter, the maximum size of any email message that may be sent from or received by an account on finflutter, and the maximum number of times (and the maximum duration for which) you may access finflutter in a given period of time. You agree that finflutter has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by finflutter. You acknowledge that finflutter reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that finflutter reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO finflutter
finflutter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, finflutter (or any part thereof) with or without notice. You agree that finflutter shall not be liable to you or to any third party for any modification, suspension or discontinuance of finflutter (or any part thereof).
TERMINATION
You may terminate your finflutter account, any associated email address, and access to finflutter by submitting such termination request to finflutter.
You agree that finflutter may, without prior notice, immediately terminate, limit your access to or suspend your finflutter account, any associated email address, and access to finflutter. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to finflutter (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with finflutter, (g) repeated spamming or sharing of information that is incorrect or unfinflutter behaviour interaction with other users on finflutter. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in finflutter's sole discretion and that finflutter shall not be liable to you or any third party for any loss direct or indirect due to termination of your account, any associated email address, or access to finflutter.
Termination of your finflutter account includes any or all of the following: (a) removal of access to all or part of the offerings within finflutter, (b) deletion of your account and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of finflutter.
LINKS
finflutter may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that finflutter is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that finflutter 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
finflutter'S PROPRIETARY RIGHTS
You acknowledge and agree that finflutter and any necessary software used in connection with finflutter ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through finflutter or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by finflutter or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on finflutter, such Content or the Software, in whole or in part.
You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to finflutter. You agree not to access finflutter by any means other than through the interface that is provided by finflutter for use in accessing finflutter.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF finflutter AND ITS UNDERLYING SOFTWARE ARE AT YOUR SOLE RISK. finflutter AND ITS UNDERLYING SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. finflutter AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2. finflutter AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) finflutter OR ITS UNDERLYING SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) finflutter OR ITS UNDERLYING SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF finflutter OR ITS UNDERLYING SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH finflutter OR ITS UNDERLYING SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF finflutter OR ITS UNDERLYING SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM finflutter OR THROUGH OR FROM finflutter OR ITS UNDERLYING SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C. 5. finflutter, finflutter AFFILIATES AND ANY OTHER OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USER/GUEST CONTRIBUTOR OR FOR ANY DIRECT/INDIRECT LOSS, DAMAGES RESULTING THERE FROM. 6. finflutter ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY USER ARISING OUT OF VIOLATIONS OF THIS 'TERMS OF USE' AGREEMENT BY ANY USER. 7. YOU AGREE TO, AT YOUR COST, DEFEND AND INDEMNIFY finflutter, finflutter AFFILIATES AND ANY OTHER OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES, BROUGHT BY THIRD PARTIES AS A RESULT OF (i) YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS REFERENCED HEREIN; (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT finflutter AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, MONETARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF finflutter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE finflutter; (b) THE COST OF PROCUREMENT OF GOODS AND SERVICES BASED ON THE INFORMATION PRESENTED ON finflutter; (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (d) STATEMENTS OR CONDUCT OF ANY PROFESSIONAL, USER, OR THIRD PARTY ON finflutter; (e) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (f) ANY OTHER MATTER RELATING TO finflutter.
finflutter'S LIABILITY,IF ESTABLISHED IN ANY DISPUTE ARISING OUT OF TRANSACTIONS OR INTERACTIONS WILL BE LIMITED TO THE VALUE OF ONLY ONE TRANSACTION CARRIED OUT ON finflutter WITH RESPECT TO THAT DISPUTE ALONE.
NOTICE
finflutter may provide you with notices, including those regarding changes to the T&C, including by but not limited to email, regular mail, SMS, MMS, text message, postings on finflutter, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this T&C by accessing finflutter in an unauthorised manner. Your agreement to this T&C constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed finflutter in an authorised manner.
TRADEMARK INFORMATION
You agree that all of finflutter's trademarks, trade names, service marks, and other finflutter logos and brand features, and product and service names are trademarks and the property of finflutter.com (the "finflutter Marks"). Without finflutter's prior permission, you agree not to display or use the finflutter Marks in any manner.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
finflutter respects the intellectual property of others, and we ask our users to do the same. finflutter may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide finflutter the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
By email: contact@finflutter.com with subject: Copyright violation
GENERAL INFORMATION
Entire Agreement. The T&C constitutes the entire agreement between you and finflutter and governs your use of finflutter, superseding any prior version of this T&C between you and finflutter with respect to finflutter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other finflutter services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and finflutter each agree that the T&C and the relationship between the parties shall be governed by the laws of the Delhi, India without regard to its conflict of law provisions and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the T&C, or the relationship between you and finflutter, shall be brought exclusively in the courts located in Delhi, India. You and finflutter agree to submit to the personal jurisdiction of the courts located within India, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of finflutter to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your finflutter account is non-transferable and any rights to your finflutter account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of finflutter or the T&C must be filed within 60 days after such claim or cause of action arose or be forever barred.
The section titles in the T&C are for convenience only and have no legal or contractual effect.