Friday Fan: Terms of Use

These User Terms of Service (the “User Terms”) govern your, the Authorized User’s (as defined below), access and use of our online website/platform (the “Website”) & mobile application (the “Application”) “FRIDAY FAN” and the services provided by it (the “Services”).  

These User Terms are Legally Binding:

These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Privacy Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Privacy Policy. “We”, “our” and “us” currently refers to Friday Fan Proprietorship (“Friday Fan”).

You (herein also referred to as “User”), can access http://www.fridayfan.com/ (“Friday Fan/Site”) subject to the terms and conditions of use, as changed / updated from time to time entirely at the discretion of  Friday Fan as set out below ("Terms of Use"). 

You must be 18 years of age or older to visit or use the Website or Application in any manner. In the event that you are below 18 yrs. of age, you are visiting or using the Website or Application at your own risk and you alone shall be liable for your actions. By visiting or using the Website or Application, you are accepting these Terms of Use, you represent and warrant      Friday Fan that you are 18 years of age or older, and that you have the right, authority and capacity to visit or use the Website or Application and agree to and abide by these Terms of Use. You also represent and warrant to Friday Fan that you will visit or use the Website or Application in a manner consistent with any and all applicable laws and regulations. 

Registration:

a. You shall be permitted to access the Website and/or the Application only upon creating an account. Your ability to continue using the Website and/or the Application, is subject to Your continued registration on the Website and/or the Application. You will be required to enter Your personal and business information including your name, brand name, company name, contact details, valid phone number, GSTIN, FSSAI No, etc., while registering on the Website and/or the Application.

b. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.

Friday Fan shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Website and/or the Application. You agree and accept that as on the date of Your registration on the Website and/or the Application, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform Friday Fan of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that Friday Fan has not independently verified the information provided by You. Friday Fan shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Friday Fan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Friday Fan reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Website and/or the Application (or any portion thereof) at any time.

User Account, Password, and Security:

a. In order to use the Website and/or the Application and avail the Services, You will have to register on the Website and/or the Application and create an account with a unique user identity and password ("Account"). 

b. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify Friday Fan of any unauthorized use of Your Account information or any other breach of security, and (ii) [ensure that You exit from Your Account at the end of each session.] Friday Fan cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Friday Fan or any other User of or visitor to the Website and/or the Application due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Website and/or the Application is expressly prohibited.

Representations and Warranties

a. Subject to compliance with the Terms of Use, Friday Fan grants You a non-exclusive, limited privilege to access and use this Website and/or the Application and the Services.

b. You agree to use the Website and/or the Application only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the  Website and/or the Application by Friday Fan or other Users.

c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Website and/or the Application and/or availing the Friday Fan Services.

d. You represent and warrant that You are legally authorised to view and access the Website and/or the Application and avail the Friday Fan Services.

e. You agree not to access (or attempt to access) the Website and/or the Application by any means other than through the interface that is provided by Friday Fan. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and/or the Application, or in any way reproduce or circumvent the navigational structure or presentation of the Website and/or the Application, materials or any Friday Fan Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and/or the Application.

f. You acknowledge and agree that by accessing or using the Website and/or the Application, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Friday Fan disclaims all liabilities arising in relation to such offensive content on the Website and/or the Application.

g. Further, You undertake not to:

defame, abuse, harass, threaten or otherwise violate the legal rights of others;

publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;

do any such thing that may harms minors in any way;

copy, republish, post, display, translate, transmit, reproduce or distribute any Friday Fan Property through any medium without obtaining the necessary authorization from Friday Fan;

conduct or forward surveys, contests, pyramid schemes or chain letters;

upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and/or the Application or another's computer;

engage in any activity that interferes with or disrupts access to the Website and/or the Application (or the servers and networks which are connected to the Website and/or the Application);

attempt to gain unauthorized access to any portion or feature of the Website and/or the Application, any other systems or networks connected to the Website and/or the Application, to any Friday Fan server, or through the Website and/or the Application, by hacking, password mining or any other illegitimate means;

probe, scan or test the vulnerability of the Website and/or the Application or any network connected to the Website and/or the Application, nor breach the security or authentication measures on the Website and/or the Application or any network connected to the Website and/or the Application. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website and/or the Application, to its source, or exploit the Website and/or the Application or information made available or offered by or through the Website and/or the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Website and/or the Application;

disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or the Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website and/or the Application or any affiliated or linked sites;

collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;

use any device or software to interfere or attempt to interfere with the proper working of the Website and/or the Application or any transaction being conducted on the Website and/or the Application, or with any other person’s use of the Website and/or the Application;

falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

violate the Terms of Use contained herein or elsewhere;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and

reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and/or the Application.

h. You agree and acknowledge that the use of the Services offered by Friday Fan is at Your sole risk and that Friday Fan disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

i. Without prejudice to the above, Friday Fan makes no representation or warranty that the Services will meet Your requirements.

j. All materials/content on our Website and/or the Application (except any third party content available on the Website and/or the Application), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Friday Fan. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Website and/or the Application, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Friday Fan’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Website and/or the Application or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Friday Fan hereby grants You a non-exclusive, freely revocable (upon notice from Friday Fan), non-transferable access to view the Material on the Website and/or the Application.

Intellectual Property Rights:

All the contents including but not limited to text, images, graphics, video, audio, etc., which are available through the Application or Website, including the deep links and the associated metadata, etc., are exclusive property of Friday Fan. All rights reserved, the User agrees not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any content or data received through the Application or Website to anyone, without the express prior written consent of Friday Fan. 

“Friday Fan” and other graphics, logos, page headers, button icons, scripts, and service names are tradenames, registered trademarks or trade dress of Friday Fan. Friday Fan’s trademarks and trade dress shall not be used in connection with any product or service that is not Friday Fan’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Friday Fan. 

Authorized User Term

These User Terms remain effective until User’s subscription expires or terminates, or your access to the Services has been terminated by us. Friday Fan has the exclusive right to terminate/ stoppage of services in case of material breach of the User Terms.

General Provisions:

Products: Any or all the product(s) provided by you for selling/promoting in Friday Fan shall be genuine and shall be of same quality as the sample provided or advertised by you. Any deviation from the sample as provided by you may leads to termination and legal action by Friday Fan.

Defects and Claims: Any or all defects and claims related to the product(s) sold/promoted by you in Friday Fan shall be undertaken by you and Friday Fan shall not be liable for any such defect or claim. You shall replace or change the defected product(s) within 15 days from the date of delivery of your product(s) to the buyer. 

Confidentiality and non-Disclosure

The User's right to privacy is of paramount importance to Friday Fan. Any information provided by the User will not be shared with any third party, except in the manner provided under these Terms of Use and for the intended purpose for which such information is provided by the User, in which case User’s consent is implied. Friday Fan reserves the right to use the information to provide the User a more personalized online experience.

You agree to use our services only for specific purposes as allowed in the User Terms. Any disclosure of information regarding our services to third party including a direct competitor is strictly prohibited and will be challenged in court of law. All obligations contained herein shall survive the termination of the Service.  Furthermore, you acknowledge that our information regarding our services is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

Indemnification

User agrees to indemnify and hold Friday Fan and its affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct on the Site. Friday Fan reserves the right to disclosure any personal information about you and your use of the Site including its contents, without your prior permission if Friday Fan has a good faith belief that such action is necessary to:

•             conform to legal requirements or comply with legal process;

•             protect and defend the rights or property of Friday Fan or its affiliated companies;

•             enforce the Terms of Use; or

•             Act to protect the interest of its members or others.

Modifications

As our business evolves, we may change these User Terms or the Privacy Policy. If we make a material change to the User Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the User Terms, including the Privacy Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Disclaimer 

These User Terms, Privacy Policy and the use of the Services and Friday Fan are not intended to and shall under no circumstances be construed as a promise or guarantee of any job or employment opportunity or fulfillment of the outcome of your matter/purpose for which you may be accessing/using the Services and/or Friday Fan.

Severability

The User Terms, including the Privacy Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these User Terms, including the Privacy Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Disclaimer of Warranties & Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

a. The Website and/or the Application and the Services are provided by Friday Fan on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Friday Fan makes no warranty that (i) the Website and/or the Application, Services will meet Your requirements or Your use of the Website and/or the Application will be uninterrupted, timely, secure or error-free; (ii) the quality of the Website and/or the Application will meet Your expectations; or (iii) any errors or defects in the Website and/or the Application will be corrected. No advice or information, whether oral or written, obtained by You from Friday Fan shall create any warranty not expressly stated in the Terms of Use.

b. Friday Fan will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Friday Fan also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

c. Friday Fan will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website and/or the Application either with or without Your knowledge.

d. Friday Fan shall not be responsible for the delay or inability to use the Website and/or the Application, Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website and/or the Application, or otherwise arising out of the use of the Website and/or the Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Friday Fan shall not be held responsible for non-availability of the Website and/or the Application during periodic maintenance operations or any unplanned suspension of access to the Website and/or the Application that may occur due to technical reasons or for any reason beyond Friday Fan's control. You understand and agree that any material or data downloaded or otherwise obtained through the Website and/or the Application is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

Applicable Law

The Terms of Use shall be governed by the Laws of India. The Courts of law at Allahabad shall have exclusive jurisdiction over any disputes arising under the Terms of Use. 

Entire Agreement

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.