Terms and Conditions
The agreement: -
The use of this website and services on this website provide by Friendcells (hereinafter referred to as owner) are subject to the following terms and conditions (hereinafter the “terms of services “), all parts and subparts of which are specifically incorporated by reference here. Following are the terms of services governing your use of www.friendcells.com (the “website”)’ all pages on the website and any services provided by or on this website (“services”)
By accessing either directly or through a hyperlink, the website and/or purchasing something from us, you engage in our “service” and agree to be bound by the terms of service including those additional terms and conditions and policies referred herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation vendors, buyers, customers merchants, browsers and/or contributors of content.
The parties referred to in these terms of service shall be defined as follows:-
A) Owner, us, we: the owner, as the creator, operator and publisher of the website, makes the website, and certain services on it, available to users. Friendcells, owner, us we, our, ours and other first person pronouns will refer to the owner, as well as employees and affiliates of the owner.
B) You, the user, the client: you, as the user of the website, will be referred to throughout these terms of service with second person pronouns such as you, your, yours or as user or client. For the purpose of these terms of service, the term user or you shall mean any natural or legal person who person is accessing the website. The term shall be construed accordingly.
C) Parties: collectively, the parties to these terms of service (the owner and you) will be referred to as parties.
2) ASSENT AND ACCEPTANCE:
By using the website, you warrant that you have read and reviewed these terms of services and that you are agreed to bound by it. If you do not agree to be bound by these terms of services, please leave the website immediately. The owner only agrees to provide use of this website and services to you if you assent to these terms of service. Further, based on the services obtained by a user, additional terms and conditions in respect of the specific services may apply, which shall be deemed an agreement between the users and the owners.
3) AGE RESTRICTION:
You must be at least 18(eighteen) years of age to use this website or any services contained herein. By using this website, you represent and warrant that you are at least 18 years of age and may legally agree to these terms of service. The owner assumes no responsibility or liability for any misrepresentations of your age.
4) ABOUT THE SITE:
The website is an online social media which carries out Social Networking. We reserve the right to refuse service or refuse to sell the products on the website at our sole discretion to anyone for any reason at any time.
The website does not screen or censor the users who register on and access the website. You assume all risks associated with dealing with other users with whom you come in contact through the website. You agree to use the website only for lawful purposes without infringing the rights or restricting the use of this website by any 3rd party.
5) LICENSE TO USE WEBSITE:
The owner may provide you with certain information as a result of your use of the website or services. Such information may include, but is not limited to, documentation, data, information developed by the owner and other material which may assist in your use of the website or services (“owner materials”). Subject to these terms of services, the owner grants you in a non exclusive, limited, non transferable and revocable license to use the owner materials solely in connection with your use of website and services. The owner materials may not be used for any other purpose and this license terminates upon your cessation of use of website or services or at the termination of these terms of service.
You agree not to collect contact information of other users from the website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any other reason whatsoever any unauthorized use by you shall terminate the permission or license granted to you by the website and you agree that you shall not bypass any measures used by the owner to prevent or restrict access to the website.
6) INTELLECTUAL PROPERTY:
You agree that the website and all services provided by the owner are the property of the owner, including all copyrights, trademarks, trade secrets, partners and other intellectual property(owner IP”)you agree that the owner own all right, title and interest in and to the owner IP and that you will not use the owner IP in anyway including electronically or via registration of any new trademark, trade names, service marks or uniform resource locators(URLS), without express written permission from the owner.
a) in order to make website and services available to you, you hereby grant the owner a royalty- free, non-exclusive, worldwide license to copy, display, use broadcast, transmit and make derivate works of any content you publish, upload or otherwise make available to the website (“your content”). The owner claims no further proprietary rights in your content.
b) If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
7) USER OBLIGATIONS:
As a user of the website or services, you may be asked to register within us. When you do so, you will choose a user identifier, which may be your email Address or another term, as well as a password. You may also provide personal information, including but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us appraised of any changes to your identifying information. Providing false or inaccurate information or using the website or services to further fraud or in lawful activity is grounds for immediate termination of these terms of service. The owner reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.
8) ACCEPTABLE USE:
You agree to use the website or services for any unlawful purpose prohibited under this clause. You agree not to use the website or services in any way that could damage the website, services or general business of the owner.
A) You further agree not to use the website or services:
I. To harass, abuse or threaten others or otherwise violates any person’s legal rights;
II. To violate any intellectual property rights of the owner or any third party;
III. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV. To prepare any fraud.
V. To engage in or create any unlawful gambling, sweepstakes or pyramid scheme;
VI. To publish or distribute any obscene or defamatory material;
VII. To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII. To unlawfully gather information about others.
You are prohibited from using the site or its content:
a) For any unlawful purpose;
b) To select others to perform or participate in any unlawful acts;
c) To infringe or any third party’s intellectual property or proprietary rights of publicity or privacy, whether knowingly or unknowingly;
d) To violate any local, federal or international law, statute, ordinance or regulations;
e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) To submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene or lewd and lascivious or pornographic or exploits minors in any ways or assist in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of service or of any related website, other websites or the internet.
h) To collect or track the personal information of others
i) To damage, disable, overburden or impair the website or any other party’s use of the website;
j) To spam, phish, pharm, pretext, spider, crawl or scape;
k) For any obscene or immoral purpose; or
l) To interfere with or circumvent the security of features of the service or any related website for violating any of prohibited uses. The company has the full authority to review all content posted by users on the website. You acknowledge that the website is not responsible or liable and does not control the content of any information that may be posted to the website by you or other user of the website and you are solely responsible for the same. You agree that you shall not upload, post or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statues and regulations conserving your use of the website and further agree that you will not transmit any information, data, text, files, links, software, chats, communications, or other materials that is abusive, invasive of another privacy, harassing, defamatory, vulgar, obscene, unlawful, false misleading, harmful threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national or international law or regulation or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine I our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these terms of service.
You may not use our products for any illegal or unauthorized purpose nor may you in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time use the website in any manner, you agree to these terms. By agreeing to these terms, you acknowledge that you are interested in availing an purchasing the services that you have selected and consent to receive communication via phone or electronic records from the website including email messages telling you about the products and services offered by the website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the website. You agree that the communications sent to you by the website shall not be construed as spam or back under any prevailing in any country where such communication is received.
10) AFFILIATE MARKETING AND ADVERTISING:
The owner, through the website and services may engage in affiliate marketing whereby the owner receives a commission on or percentage of the sale of goods and services on or through the website. The owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
11) PRIVACY INFORMATION:
Through your use of the website and services, you may provide us with certain information. By using the website or the services, you authorize the owner to use your information in India and any other country where we may operate.
a) Information we may collect or receive:
when you register for an account, you provide us with a valid email address and may provide us with additional information such as your name or billing information. Depending on how you use our website or services, we may also receive information through various web technologies such as cookies, log files, clear gifs, web beacons or others.
b) How we use information:
we use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics and for this; we may work with third party providers.
c) How you can protect your information:
if you would like to disable our access to any passive information. We receive from the use of various technologies; you may choose to disable cookies in your own web browser. Please be aware that the owner will still receive information about you that you have provided such as your email address. If you choose to terminate your account, the owner will store information about you.
12) ASSUMPTION OF RISK:
The website and services are provided for communication purpose only. Yu acknowledge and agrees that any information posted on our website is not intended to be legal advice, medical advice or financial advice and no fiduciary relationship has been created between you and the owner. You further agree that your purchase of any of the products on the website is at your own risk. The owner does not assume responsibility or liability for any advice or other information given on the website.
13) SALE OF GOODS AND SERVICES:
The owner may sell goods/services or allow third party to sell goods and services on the website. The owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However the owner does not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others the owner assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claims you may have against the manufacturer or seller of the product, you agree to pursue that any claims related to goods or services manufactured or sold by third parties, including any and warranty or product liability claims. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Any orders including orders by or under the same customer account, the same credit card, and for orders that use the same billing and/or shipping address May subject to the above. We may restrict the sales of products or services to any person, geographic region or jurisdiction at our sole discretion as we may decide on a case-by-case basis.
We further reserve an absolutely right to refuse any orders placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we cancel your order, we will contact the email and/or billings address/phone number provided at the time the order was made.
You take care to accurately display the words and images of our product but, we cannot guarantee that your computer or phone screen’s display of any color will be accurate. We also do not provide any warranties that the quality of any products, services, information or other materials purchased/obtained by you will meet your expectations and standards, or that any errors in the service will be corrected. Prices and description of products are subject to change at any time without notice at our sole discretion. We may remove or discontinue any products from our site without prior notice. Any offer for any product or service made on this site is void where prohibited. We may not provide you with access to third party tools over which we monitor nor have any controls or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by relevant third party provider(s).
14) SHIPPING/DELIVERY/RETURN POLICY:
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that the prices are subject to change. For sale of physical products, we may preauthorize your credit or debit card at the time you placed the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For any questions, concerns or disputes, you agree to contact us in a timely manner at the following:
We will make reimbursements for returns without undue delay, and not later than:
I. 30 days after the day we received back from you any goods supplied; or
II. (if earlier) 30 days after the day you provide evidence that you have returned the goods; or
III. If there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel the contract.
We will make the reimbursement using the same means of payment as you used for initial transactions, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15) REVERSE ENGINEERING AND SECURITY:
You agreed not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or services.
b) Violate the security of website or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interface to any host, user on network.
16) DATA LOSS:
The owner does not accept responsibility for the security of your account or content. You agree that your use of the website or services is at your own risk.
You agree to defend and indemnify the owner and any of its affiliates(if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney fees, which may arise from or relate to your use or misuse of the website or services, or your conduct or actions. You agree that the owner shall be able to select its own legal counsel and may participate in its own defense, if the owner wishes.
18) SPAM POLICY:
You are strictly prohibited from using the website or any of the owner’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19) THIRD PARTY LINKS AND CONTENT:
The owner may occasionally post links to 3rd party website or other services. You agree that the owner is not responsible or liable for any loss or damage caused as a result of your use of 3rd party services linked to from our website.
20) MODIFICATION AND VERIFICATION:
The owner may, from time to time and at any time without notice to you, modify these terms of service. You agree that the owner has the right to modify these terms of service or revise anything contained herein. You further agree that all modifications to these terms of service are in full force and effect immediately upon posting on website or variations will replace any prior version of these terms of service, unless prior versions of these terms of service, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these terms of service.
a) To the extent any part or sub-part of these terms of service is held ineffective or invalid by any court of law, you agree that the prior, effective version of these terms of service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these terms of service and refer to the effective date posted at the top of these terms of service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of these terms of service. You agree that your continued use of the website after any modifications to these terms of service is a manifestation of your continued assent to these terms of service.
c) In the event you fail to monitor any modifications to or variations of these terms of service, you agree that such failure shall be considered an affirmative waive of your rights to review the modified agreement.
21) ENTIRE AGREEMENT:
This agreement constitutes the entire understanding between the Parties respect to any and all use of this website. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.
22) SERVICE INTERRUPTIONS:
The owner may need to interrupt your access to the website to perform maintenance or emergency services on a schedule or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that the owner shall have no liability for any damage or loss caused as a result of such downtime.
23) TERM, TERMINATION AND SUSPENSION:
The owner may terminate these terms of service with you at any time for any reason, with or without cause. The owner specifically reserves the right to terminate these terms of service if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate these terms of service at any time by contacting us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of your account. At the termination of these terms of service, any provisions that would be expected of survive termination by their nature shall remain in full force and effect.
24) NO WARRANTIES:
You agree that you use of the website and a service is at your sole and exclusive risks and that any services provided by us are on an “as is” basis. The owner expressly disclaims any and all express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The owner makes no warranties that the website or services will meet your needs or that the website or services will be uninterrupted, error free or secure. The owner also makes no warranties as to the reliability or accuracy of any information or the website or obtained through the services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from use of the website or services us your sole responsibility and that the owner is not liable for any such damage or loss.
All information, software, products, services and related graphics are provided on this site is “as is” and “as available” basis with without warranty of any kind, either expressed or implied. The website disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability fitness for a particular purpose, title and non-infringement or arising from a course of dealings, usage or trade practice. Company makes no representation about the suitability of the information, software, products and services contained on this website for any purpose and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services.
The website makes no warranty that the use of website will be uninterrupted, timely, and secure, without defect or error free. You expressly agree that use of the site is at your own risk. The website shall not be responsible for any content found on the website.
Your use of any information or materials on this site or otherwise obtained through use of this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements.
The website assumes to the responsibility for the accuracy, currency, completeness or usefulness of information, views, opinion or advice in any material contained on the website. Any info of 3rd parties or advertiser is made available without doing any changes and so the website cannot guarantee accuracy and is not liable to any consistency arising thereof. All postings, messages, advertisements , photos, sounds, images, text, files, video or other materials posted on, transmitted through or linked from website, are solely the responsibility of the person from whom such content originated and the website does not control, and is not responsible for content available on website.
There may be instances when incorrect information is published in advertently on our website or in the service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time we may change or update information or cancel orders if any info in the service or any related website is inaccurate at any time without prior notice (including after you have submitted your order.)
We undertake no obligation to update, amend or clarify info in the service or any reflect website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the services or any related website should be taken to indicate that all information in the services or any related website has been modified or updated.
The website shall not be responsible for any interaction between you and the other users of the website. Under no circumstances will the website be liable for any goods, services, resources or content available through such third party dealings or communications or for any harm related thereto. The website is under no obligation to become involved in any dispute between you and other users of the website or between you and any other third parties. You agree to release the website from any and all claims, demands and damages arising out of or in connection with such dispute.
You agree and understand that while the website has made reasonable efforts to safeguard the website, it cannot and does not ensure or make any representatives that the website or any info provided by you cannot be hacked by any unauthorized third parties. You specifically agree that the website shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received or any transactions entered into through the website.
You specifically agree that the website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the website is not responsible for any content sent using and/or included in the website by any third party.
The website has no liability and will make no refund in the event of any delay, cancellation, strike, force, majeure or other causes beyond their direct control and they have no responsibility for any additional expense omissions, delays or acts of any govt. or authority
You will be solely responsible for any damages to your computer system or loss of data that results from download of any information and/or material. Some jurisdictions do not allow the execution of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the website be liable for any direct, indirect, punitive, incidental, special, consequential damage or any damages whatsoever including, without limitation, damage for loss of use, data or profits arising out of or in any way connected to with the use or performance of the site, with the delay or inability to use the site or related services, the provisions of or failure to provide services, or to deliver the products or for any info, software, product, services and related graphics obtained through the site or any interaction between you and other participants of the website or otherwise arising out of the use of the website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the website or any of its affiliates/suppliers has been advised of possibility of damages. If, despite the limitation above, the company is found liable for any loss or damage which arises out of or in any way connected with the use of the website and /or provision of services, then the liability of the company will in no event exceed, 50% of the amount you paid to the company in connection with such transaction(s) on this website.
You accept all responsibility for and hereby agree to indemnify and hold harmless the company form and against, any actions taken by you or by any person authorized. To use your account, including without limitation, disclosure of passwords to third parties. By using the website you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site’s activities. If you are dissatisfied with the website or the services or any portion thereof or do not agree with these terms, you only recourse and exclusively remedy shall be stop using the site.
25) LIMITATION ON LIABILITY:
The owner is not liable for any damages that may occur to you as a result of your use of this website or services, to the fullest extent permitted by law. The maximum liability of the owner arising from or relating to these terms of service.
26) GENERAL PROVISIONS:
all communications made or notices given pursuant to these terms of service shall be in the English language.
B) JURISDICTION, VENUE AND GOVERNING LAW:
Through your use of the website or services, you agree that the laws of India shall govern any matter of dispute relating to or arising out of these terms of service, as well as any dispute of any kind that may arise between you and the owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these terms of service is initiated, the parties agree to submit to the exclusive jurisdiction of the courts at Bhubaneswar, India. The parties agree that this choice of law, venue and jurisdiction provision is not permissive but rather mandatory in nature. You thereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenience or similar doctrine.
C) ENTIRE AGREEMENT:
This Agreement comprises the entire agreement between you and Friendcells and supersedes any prior agreements pertaining to the subject matter contained herein.
If any part or sub part of these terms of service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these terms of service shall continue in full force.
E) NO WAIVER:
In the event that we fall to enforce any provision of these terms of service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these terms of service will not constitute a waiver of any part or sub-part.
F) HEADING FOR CONVENIENCE ONLY:
Headings of the part and sub-parts under these terms of service are for convenience and organization only. Headings shall not affect the meaning of any provisions of these terms of service.
G) NO AGENCY, PARTNERSHIP OR JOINT VENTURE:
no agency, partnership or joint venture has been created between the parties as a result of these terms of services. No party has any authority to bind the other to third party.
H) FORCE MAJEURE:
Friendcells will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
I) ELECTRONIC COMMUNICATIONS PERMITTED:
electronic communications are permitted to both parties under these terms of service, including email or fax. For any questions or concerns, please email us at the following address: At/Po-Bhatapada, PS: Chandabali, Dist-Bhadrak, Odisha-756133.
Friendcells reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Friendcells may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Friendcells reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Friendcells chooses, in its sole discretion and without advance to you, to terminate it.
Friendcells makes no representation that the Website is appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
You may not assign your rights and obligations under this Agreement to anyone. Friendcells may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.