Legal Docs

Terms & Conditions

Please read these Terms and Conditions carefully before using Our Website.

Written By: Shubham Aggarwal

Last Updated on December 25, 2023

Legal Docs

Terms & Conditions

Please read these Terms and Conditions carefully before using Our Website.

Written By: Shubham Aggarwal

Last Updated on December 25, 2023

Legal Docs

Terms & Conditions

Please read these Terms and Conditions carefully before using Our Website.

Written By: Shubham Aggarwal

Last Updated on December 25, 2023

By accessing Our Website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by Us at any time at Our sole discretion. Your use of this Website constitutes your acknowledgment and acceptance of these Terms and Conditions and any and all amendments thereof.

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.FyndFlow.com (the “Website”).

The Website is owned and operated by BrandingBum Creative Studio (“BrandingBum”), a Proprietorship Company, incorporated under the provisions of the to sub-section (2) of section 7 and sub-section (1) of section 8 of the Companies Act, 2013 (18 of 2013) and

rule 18 of the Companies (Incorporation) Rules, 2014], a recognised Startup by Startup India that has its registered office at Electronics City Phase 1, Bengaluru, Karnataka, India.

These Terms and Conditions constitute a legally binding agreement made with you, whether personally or on behalf of an entity (“you”) and BrandingBum with the brand name as FyndFlow™   (“we,” “us” or “our”), concerning your access to and use of the https://www.fyndflow.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

By accessing any Services on the Site, you irrevocably accept all the terms stipulated in this agreement.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. 

You agree that it is your responsibility to periodically review the current version of these Terms of Use as posted on the Website.

The Website allows Users to connect with counsellors or other individuals (“Provider(s)”) who provide counselling, therapy and other services, are mostly psychologists.

Acknowledgement

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website. By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.

You affirm that You are either at least 18 years of age, or an emancipated minor, or You possess parental or guardian consent, and are fully able and competent:

  • to assume and to fulfil the obligations set forth in these Terms and Conditions,

  • to make representations and warranties set forth in these Terms and Conditions, and

  • to abide by and comply with these Terms and Conditions.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access Our Website or parts of Our Website.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FyndFlow, a Proprietorship, under BrandingBum Creative Studio located at Electronics City Phase 1, Bengaluru, Karnataka, India.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Website.

  • Goods refer to the items offered for sale on the Website.

  • Orders mean a request by You to purchase Goods from Us.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.

  • Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

  • Website refers to FyndFlow, accessible from https://fyndflow.com/

  • You (also, referred to as “Your”) means the individual accessing or using the Website, or the company, or other legal entity

Access To This Website

You agree to use this Website only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. To access this Website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information you provide on this Website is true, correct, and complete. If Our Company believes the information You provide is not true, correct, or complete, We have the right to refuse Your access to this Website or any of its resources, and to terminate or suspend Your access at any time, without notice.

Restrictions On Use

This Website is provided solely for non-commercial, personal use, and/or so that you may learn about Our Company and the services we provide. You may not use this Website for any other purpose, including, without limitation, any commercial purpose, without Our Company’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co-brand this Website, or (ii) frame this Website, or (iii) hyperlink to this Website, without the express prior written permission of an authorized representative of Our Company. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to publish, distribute or display this Website or Content accessible within this Website. You agree to cooperate with Our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate Your Account. You are prohibited from compromising the security of this Website or tampering with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools, etc.) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators of other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any content that are believed to violate these Terms and Conditions. By accepting these Terms and Conditions, you agree to waive, release, and hold harmless the Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Promotions

Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

TERMS OF USE FOR PROVIDERS

The terms in this Clause are applicable only to the Professionals associated with FyndFlow:

  1. Practitioners must submit soft copies of original documents for their profile to verify their educational qualifications to practice at FyndFlow. We reserve the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. If any information displayed on the Website in connection with you and your profile information is found to be incorrect, you are required to inform Team FyndFlow immediately to enable necessary amendments. If FyndFlow determines that you have provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend any of your accounts with us.

  2. Practitioners must treat all the clients ethically and refrain from doing anything illegal or unethical. You as a Practitioner hereby represent and warrant that you will function in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and FyndFlow accepts no liability for the same.

  3. Practitioners cannot take clients received from FyndFlow outside of the FyndFlow portal.

  4. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

  5. A fixed % of what the Practitioners charge their clients will go to FyndFlow for website maintenance and other purposes.

  6. FyndFlow reserves the right to remove any abusive, inappropriate or promotional content added on the Website by Practitioners. However, FyndFlow shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

  7. If any Practitioner is found not abiding by the above mentioned conditions or doing something illegal, FyndFlow will resort to legal action.

  8. In case a Practitioner is harassed or mistreated in any form, they are encouraged to bring it to FyndFlow’s notice for due measures.

USE OF SERVICES / WEBSITE BY MINORS

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site. 

Option 2: The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] 

(3) you have the legal capacity and you agree to comply with these Terms and Conditions; 

(4) you are not under the age of 18, with an exception to Clause – [if a minor, you have received parental permission to use the Site]; 

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

(7) you will not use the Site for any illegal or unauthorized purpose; 

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, or otherwise objectionable.

OWNERSHIP OF THE WEBSITE

The Website contains content owned or licensed by FyndFlow. FyndFlow owns and retains all rights in the FyndFlow Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FyndFlow Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FyndFlow Content.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

PAYMENT

Any payment you make for the use of the Services is used to compensate FyndFlow for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

‍The FyndFlow Network Providers practicing through the Platform also compensate for the use of the FyndFlow technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct services provided to you. FyndFlow does not participate, split, or take a percentage of this payment to the Provider. Regardless of any payments made, FyndFlow does not hold itself out as your direct provider of therapy services as that is the role of your licensed, network accredited Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by FyndFlow from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to you. 

All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:

  1. You are legally authorized to provide such Payment Details; 

  2. You are legally authorized to perform payments using such Payment Details; and 

  3. Such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:

  1. Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;

  2. You have not provided the Company with correct Payment Details;

  3. Your payment card has expired; or

  4. Circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

If you access the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.

PROVIDERS

FyndFlow does not directly employ the Providers matched through the Service. FyndFlow created a modern, digital health network of nationwide digitally trained and accredited Providers. The FyndFlow Network only works with independent, licensed, insured and vetted professional Providers. 

In order to receive approval to practice using the FyndFlow Network, the applying Provider must be found to be in compliance with the policies and procedures of FyndFlow.

Your relationship with the Provider is strictly with the Provider. FyndFlow is not involved in the Provider-client relationship and does not interfere, validate or control the Provider’s service unless advocating on behalf of You when following up on a particular complaint. You are always advised to exercise a high level of care and caution in the use of FyndFlow Network of Providers as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining FyndFlow with traditional face-to-face appointments; solely because of information you saw on the FyndFlow site or advice you received through a FyndFlow Network Provider.

FyndFlow supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) along with the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. or licensed to us, and  are protected by copyright and trademark laws and various  as well as other intellectual property rights. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  3. use a buying agent or purchasing agent to make purchases on the Site. 

  4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  5. engage in unauthorized framing of or linking to the Site.

  6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  7. make improper use of our support services or submit false reports of abuse or misconduct.

  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  10. attempt to impersonate another user or person or use the username of another user.

  11. sell or otherwise transfer your profile.

  12. use any information obtained from the Site in order to harass, abuse, or harm another person.

  13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  17. delete the copyright or other proprietary rights notice from any Content.

  18. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  23. use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  4. your Contributions are not false, inaccurate, or misleading. 

  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

  9. your Contributions do not violate any applicable law, regulation, or rule.

  10. your Contributions do not violate the privacy or publicity rights of any third party.

  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  12. your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts] , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. 

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

  1. you should have firsthand experience with the person/entity being reviewed; 

  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

  4. your reviews should not contain references to illegal activity; 

  5. you should not be affiliated with competitors if posting negative reviews;

  6. you should not make any conclusions as to the legality of conduct;

  7. you may not post any false or misleading statements; 

  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not: 

  1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 

  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application; 

  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 

  5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 

  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 

  7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 

  8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; 

  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: 

  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

  5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 

  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. 

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. 

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. 

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Website (collectively, hereinafter referred to as “Submission”), and to incorporate any Submission in other works in any form, media, or technology, now known or later developed. Company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Company operations.

By making a Submission, You are guaranteeing to Us that You have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Company will treat any personal information that You submit through this Website in accordance with its Privacy Policy as set forth on this Website.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of the Company.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of our copyright agent via fyndflow@gmail.com and include in Your notice a detailed description of the alleged infringement. Digital Millennium Copyright Act (DMCA) requires the email address of the Copyright Agent in order to receive infringements notices. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Website where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • 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.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. You can contact our copyright agent via our Copyright Infringement mail: fyndflow@gmail.com

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counternotice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ title17/92appb.html for details.

Trademarks

The material and Content accessible from this Website and any other World Wide Web page owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all the rights, title, and interest in Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, or unless authorized in writing elsewhere on Our Website, except that you may print out a copy of Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of Company.

Copyrights

This Website and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors, or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Website as an employee or member of any business or organization, you may download and re-print Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by Company, for example, in certain password-restricted areas of Website. You may not manipulate or alter in any way images or other Content on the Website.

Hyperlinks

This Website may be hyper-linked to other Third-Party Media Services which are not maintained by or related to Company. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by Company of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with this Website or Company. Company has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at Your own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to this Website. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave Company’s Website and will become subject to the terms and conditions of the linked Third-Party Media Services.

Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Media Services. We recommend that you make yourself aware of the terms and conditions of any Third-Party Media Services you access from our Company’s Website.

Downloading Material

You understand that Company cannot and does not guarantee or warrant that the files available for downloading from the Internet and/or the Website will be free of viruses, worms, Trojan horses, or other codes that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for Your use of the Internet and/or the Website.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. 

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

  1. monitor the Site for violations of these Terms and Conditions; 

  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 

  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 

  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We adhere to the norms and practices of data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in India. You can read our privacy policy here [CLICK HERE]

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you are expressing consent to have your data transferred to and processed in India. 

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Indian Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

INTERNATIONAL USE AND THE GDPR

FyndFlow Platform advises both its Client/Users and practicing Platform Providers to be aware of and respect and comply with the local laws of any international based Client. FyndFlow is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” FyndFlow has always respected our Client’s Privacy (see our Privacy Policy)  and we were already a HIPAA certified platform following stringent data privacy rules

The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:

Disclosure when you sell, transfer or third party marketing of User’s data: As outlined in this Terms of Use, FyndFlow does not sell or transfer Client data and any marketing efforts are focused solely on internal information updates to our registered Clients.

Access to collected data: At FyndFlow, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Providers) and use it as you wish.

Clear Consent: At FyndFlow our Terms of Use are clear on what consent we seek with regards to your data and prior to your engagement with your Provider, you review and agree to a further “informed consent” process.

Security: At FyndFlow we have encrypted our data from day one and has stored all Private Health Information with full HIPAA compliance and in an anonymized form as required by the GDPR.

Notice/Audit: At FyndFlow, we will provide our Clients notice of any data breach and we employ a full time security Officer, as well as engaging a third party security firm to periodically audit both or code and technology security as well as our HIPAA policies and procedures around data security.

Finally, dependent of your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular application or site. This particular tenant of the GDPR may conflict with applicable medical records retention laws. In the United States, this requires at least seven years of retention, which is common around the world and is sometime up to ten years or more in certain countries. So, unlike some data platforms, FyndFlow cannot erase private health data directly upon a Client’s request, as it may be considered essential for other medical file retention purposes. Applicable individual country medical retention laws are generally considered an acceptable exception to the GDPR regulations regarding the right to deletion of certain data.

TERMINATION

FyndFlow reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, where,

  • Such User breaches any terms and conditions of the Agreement;

  • A third party reports violation of its right as a result of your use of the Services;

  • FyndFlow is unable to verify or authenticate any information provide to FyndFlow by a User;

  • FyndFlow has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or

  • FyndFlow believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for FyndFlow or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account because of the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has a continuous backup of any services the User has rendered in order to comply with the User’s record-keeping process and practices.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site from time to time at our sole discretion and we also reserve the right to modify or discontinue all or part of the Site we may from time to time change these Terms of Use.

We will notify you at least 30 days before such changes apply to you. 

We recommend that you periodically check this page for any revised terms. We will deem your continued use of the Services to constitute your acceptance of all such revised terms. 

We are unable to guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of India, Karnataka, Bengaluru jurisdiction applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts in India County, Chhattisgarh, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. 

Other than that, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations begin upon written notice from one Party to the other Party.

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupply this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter referred to as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by You, including for any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify the Indemnified Parties for any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out of or related to such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to Your use of the information accessed from this Website.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Website any content that:

  • You do not have the right to post, including proprietary material of any third party;

  • Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;

  • Is vulgar, obscene, pornographic, or indecent;

  • Does not pertain directly to this Website;

  • Threatens or abuses others, libels, defames, invades privacy, and stalks;

  • Is racist, abusive, harassing, threatening or offensive;

  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;

  • Violates any law or may be considered to violate any law;

  • Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this Website;

  • Solicits funds, advertisers or sponsors;

  • Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

  • Disrupts the normal flow of dialogue, causes the screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other users to engage in real time activities via this Website;

  • Includes MP3 format files;

  • Amounts to a “pyramid” or similar scheme;

  • Disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website; or

  • Contains hyper-links to other Websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorized Content”).

The above list of Unauthorized Content is not exhaustive and may be updated from time to time by Company without any prior notice. It is Your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this Website. Although under no obligation to do so, Company reserves the right to monitor the use of this Website to determine compliance with these Terms and Conditions, as well as the right to remove or refuse posting any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

Class Action Waiver

You acknowledge and agree that You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms will be constituted as an electronic communication. You are consenting to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: fyndflow@gmail.com

By accessing Our Website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by Us at any time at Our sole discretion. Your use of this Website constitutes your acknowledgment and acceptance of these Terms and Conditions and any and all amendments thereof.

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.FyndFlow.com (the “Website”).

The Website is owned and operated by BrandingBum Creative Studio (“BrandingBum”), a Proprietorship Company, incorporated under the provisions of the to sub-section (2) of section 7 and sub-section (1) of section 8 of the Companies Act, 2013 (18 of 2013) and

rule 18 of the Companies (Incorporation) Rules, 2014], a recognised Startup by Startup India that has its registered office at Electronics City Phase 1, Bengaluru, Karnataka, India.

These Terms and Conditions constitute a legally binding agreement made with you, whether personally or on behalf of an entity (“you”) and BrandingBum with the brand name as FyndFlow™   (“we,” “us” or “our”), concerning your access to and use of the https://www.fyndflow.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

By accessing any Services on the Site, you irrevocably accept all the terms stipulated in this agreement.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. 

You agree that it is your responsibility to periodically review the current version of these Terms of Use as posted on the Website.

The Website allows Users to connect with counsellors or other individuals (“Provider(s)”) who provide counselling, therapy and other services, are mostly psychologists.

Acknowledgement

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website. By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.

You affirm that You are either at least 18 years of age, or an emancipated minor, or You possess parental or guardian consent, and are fully able and competent:

  • to assume and to fulfil the obligations set forth in these Terms and Conditions,

  • to make representations and warranties set forth in these Terms and Conditions, and

  • to abide by and comply with these Terms and Conditions.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access Our Website or parts of Our Website.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FyndFlow, a Proprietorship, under BrandingBum Creative Studio located at Electronics City Phase 1, Bengaluru, Karnataka, India.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Website.

  • Goods refer to the items offered for sale on the Website.

  • Orders mean a request by You to purchase Goods from Us.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.

  • Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

  • Website refers to FyndFlow, accessible from https://fyndflow.com/

  • You (also, referred to as “Your”) means the individual accessing or using the Website, or the company, or other legal entity

Access To This Website

You agree to use this Website only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. To access this Website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information you provide on this Website is true, correct, and complete. If Our Company believes the information You provide is not true, correct, or complete, We have the right to refuse Your access to this Website or any of its resources, and to terminate or suspend Your access at any time, without notice.

Restrictions On Use

This Website is provided solely for non-commercial, personal use, and/or so that you may learn about Our Company and the services we provide. You may not use this Website for any other purpose, including, without limitation, any commercial purpose, without Our Company’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co-brand this Website, or (ii) frame this Website, or (iii) hyperlink to this Website, without the express prior written permission of an authorized representative of Our Company. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to publish, distribute or display this Website or Content accessible within this Website. You agree to cooperate with Our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate Your Account. You are prohibited from compromising the security of this Website or tampering with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools, etc.) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators of other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any content that are believed to violate these Terms and Conditions. By accepting these Terms and Conditions, you agree to waive, release, and hold harmless the Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Promotions

Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

TERMS OF USE FOR PROVIDERS

The terms in this Clause are applicable only to the Professionals associated with FyndFlow:

  1. Practitioners must submit soft copies of original documents for their profile to verify their educational qualifications to practice at FyndFlow. We reserve the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. If any information displayed on the Website in connection with you and your profile information is found to be incorrect, you are required to inform Team FyndFlow immediately to enable necessary amendments. If FyndFlow determines that you have provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend any of your accounts with us.

  2. Practitioners must treat all the clients ethically and refrain from doing anything illegal or unethical. You as a Practitioner hereby represent and warrant that you will function in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and FyndFlow accepts no liability for the same.

  3. Practitioners cannot take clients received from FyndFlow outside of the FyndFlow portal.

  4. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

  5. A fixed % of what the Practitioners charge their clients will go to FyndFlow for website maintenance and other purposes.

  6. FyndFlow reserves the right to remove any abusive, inappropriate or promotional content added on the Website by Practitioners. However, FyndFlow shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

  7. If any Practitioner is found not abiding by the above mentioned conditions or doing something illegal, FyndFlow will resort to legal action.

  8. In case a Practitioner is harassed or mistreated in any form, they are encouraged to bring it to FyndFlow’s notice for due measures.

USE OF SERVICES / WEBSITE BY MINORS

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site. 

Option 2: The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] 

(3) you have the legal capacity and you agree to comply with these Terms and Conditions; 

(4) you are not under the age of 18, with an exception to Clause – [if a minor, you have received parental permission to use the Site]; 

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

(7) you will not use the Site for any illegal or unauthorized purpose; 

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, or otherwise objectionable.

OWNERSHIP OF THE WEBSITE

The Website contains content owned or licensed by FyndFlow. FyndFlow owns and retains all rights in the FyndFlow Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FyndFlow Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FyndFlow Content.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

PAYMENT

Any payment you make for the use of the Services is used to compensate FyndFlow for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

‍The FyndFlow Network Providers practicing through the Platform also compensate for the use of the FyndFlow technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct services provided to you. FyndFlow does not participate, split, or take a percentage of this payment to the Provider. Regardless of any payments made, FyndFlow does not hold itself out as your direct provider of therapy services as that is the role of your licensed, network accredited Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by FyndFlow from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to you. 

All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:

  1. You are legally authorized to provide such Payment Details; 

  2. You are legally authorized to perform payments using such Payment Details; and 

  3. Such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:

  1. Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;

  2. You have not provided the Company with correct Payment Details;

  3. Your payment card has expired; or

  4. Circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

If you access the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.

PROVIDERS

FyndFlow does not directly employ the Providers matched through the Service. FyndFlow created a modern, digital health network of nationwide digitally trained and accredited Providers. The FyndFlow Network only works with independent, licensed, insured and vetted professional Providers. 

In order to receive approval to practice using the FyndFlow Network, the applying Provider must be found to be in compliance with the policies and procedures of FyndFlow.

Your relationship with the Provider is strictly with the Provider. FyndFlow is not involved in the Provider-client relationship and does not interfere, validate or control the Provider’s service unless advocating on behalf of You when following up on a particular complaint. You are always advised to exercise a high level of care and caution in the use of FyndFlow Network of Providers as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining FyndFlow with traditional face-to-face appointments; solely because of information you saw on the FyndFlow site or advice you received through a FyndFlow Network Provider.

FyndFlow supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) along with the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. or licensed to us, and  are protected by copyright and trademark laws and various  as well as other intellectual property rights. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  3. use a buying agent or purchasing agent to make purchases on the Site. 

  4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  5. engage in unauthorized framing of or linking to the Site.

  6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  7. make improper use of our support services or submit false reports of abuse or misconduct.

  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  10. attempt to impersonate another user or person or use the username of another user.

  11. sell or otherwise transfer your profile.

  12. use any information obtained from the Site in order to harass, abuse, or harm another person.

  13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  17. delete the copyright or other proprietary rights notice from any Content.

  18. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  23. use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  4. your Contributions are not false, inaccurate, or misleading. 

  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

  9. your Contributions do not violate any applicable law, regulation, or rule.

  10. your Contributions do not violate the privacy or publicity rights of any third party.

  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  12. your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts] , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. 

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

  1. you should have firsthand experience with the person/entity being reviewed; 

  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

  4. your reviews should not contain references to illegal activity; 

  5. you should not be affiliated with competitors if posting negative reviews;

  6. you should not make any conclusions as to the legality of conduct;

  7. you may not post any false or misleading statements; 

  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not: 

  1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 

  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application; 

  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 

  5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 

  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 

  7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 

  8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; 

  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: 

  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

  5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 

  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. 

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. 

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. 

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Website (collectively, hereinafter referred to as “Submission”), and to incorporate any Submission in other works in any form, media, or technology, now known or later developed. Company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Company operations.

By making a Submission, You are guaranteeing to Us that You have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Company will treat any personal information that You submit through this Website in accordance with its Privacy Policy as set forth on this Website.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of the Company.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of our copyright agent via fyndflow@gmail.com and include in Your notice a detailed description of the alleged infringement. Digital Millennium Copyright Act (DMCA) requires the email address of the Copyright Agent in order to receive infringements notices. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Website where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • 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.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. You can contact our copyright agent via our Copyright Infringement mail: fyndflow@gmail.com

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counternotice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ title17/92appb.html for details.

Trademarks

The material and Content accessible from this Website and any other World Wide Web page owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all the rights, title, and interest in Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, or unless authorized in writing elsewhere on Our Website, except that you may print out a copy of Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of Company.

Copyrights

This Website and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors, or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Website as an employee or member of any business or organization, you may download and re-print Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by Company, for example, in certain password-restricted areas of Website. You may not manipulate or alter in any way images or other Content on the Website.

Hyperlinks

This Website may be hyper-linked to other Third-Party Media Services which are not maintained by or related to Company. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by Company of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with this Website or Company. Company has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at Your own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to this Website. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave Company’s Website and will become subject to the terms and conditions of the linked Third-Party Media Services.

Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Media Services. We recommend that you make yourself aware of the terms and conditions of any Third-Party Media Services you access from our Company’s Website.

Downloading Material

You understand that Company cannot and does not guarantee or warrant that the files available for downloading from the Internet and/or the Website will be free of viruses, worms, Trojan horses, or other codes that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for Your use of the Internet and/or the Website.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. 

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

  1. monitor the Site for violations of these Terms and Conditions; 

  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 

  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 

  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We adhere to the norms and practices of data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in India. You can read our privacy policy here [CLICK HERE]

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you are expressing consent to have your data transferred to and processed in India. 

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Indian Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

INTERNATIONAL USE AND THE GDPR

FyndFlow Platform advises both its Client/Users and practicing Platform Providers to be aware of and respect and comply with the local laws of any international based Client. FyndFlow is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” FyndFlow has always respected our Client’s Privacy (see our Privacy Policy)  and we were already a HIPAA certified platform following stringent data privacy rules

The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:

Disclosure when you sell, transfer or third party marketing of User’s data: As outlined in this Terms of Use, FyndFlow does not sell or transfer Client data and any marketing efforts are focused solely on internal information updates to our registered Clients.

Access to collected data: At FyndFlow, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Providers) and use it as you wish.

Clear Consent: At FyndFlow our Terms of Use are clear on what consent we seek with regards to your data and prior to your engagement with your Provider, you review and agree to a further “informed consent” process.

Security: At FyndFlow we have encrypted our data from day one and has stored all Private Health Information with full HIPAA compliance and in an anonymized form as required by the GDPR.

Notice/Audit: At FyndFlow, we will provide our Clients notice of any data breach and we employ a full time security Officer, as well as engaging a third party security firm to periodically audit both or code and technology security as well as our HIPAA policies and procedures around data security.

Finally, dependent of your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular application or site. This particular tenant of the GDPR may conflict with applicable medical records retention laws. In the United States, this requires at least seven years of retention, which is common around the world and is sometime up to ten years or more in certain countries. So, unlike some data platforms, FyndFlow cannot erase private health data directly upon a Client’s request, as it may be considered essential for other medical file retention purposes. Applicable individual country medical retention laws are generally considered an acceptable exception to the GDPR regulations regarding the right to deletion of certain data.

TERMINATION

FyndFlow reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, where,

  • Such User breaches any terms and conditions of the Agreement;

  • A third party reports violation of its right as a result of your use of the Services;

  • FyndFlow is unable to verify or authenticate any information provide to FyndFlow by a User;

  • FyndFlow has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or

  • FyndFlow believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for FyndFlow or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account because of the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has a continuous backup of any services the User has rendered in order to comply with the User’s record-keeping process and practices.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site from time to time at our sole discretion and we also reserve the right to modify or discontinue all or part of the Site we may from time to time change these Terms of Use.

We will notify you at least 30 days before such changes apply to you. 

We recommend that you periodically check this page for any revised terms. We will deem your continued use of the Services to constitute your acceptance of all such revised terms. 

We are unable to guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of India, Karnataka, Bengaluru jurisdiction applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts in India County, Chhattisgarh, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. 

Other than that, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations begin upon written notice from one Party to the other Party.

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupply this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter referred to as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by You, including for any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify the Indemnified Parties for any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out of or related to such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to Your use of the information accessed from this Website.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Website any content that:

  • You do not have the right to post, including proprietary material of any third party;

  • Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;

  • Is vulgar, obscene, pornographic, or indecent;

  • Does not pertain directly to this Website;

  • Threatens or abuses others, libels, defames, invades privacy, and stalks;

  • Is racist, abusive, harassing, threatening or offensive;

  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;

  • Violates any law or may be considered to violate any law;

  • Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this Website;

  • Solicits funds, advertisers or sponsors;

  • Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

  • Disrupts the normal flow of dialogue, causes the screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other users to engage in real time activities via this Website;

  • Includes MP3 format files;

  • Amounts to a “pyramid” or similar scheme;

  • Disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website; or

  • Contains hyper-links to other Websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorized Content”).

The above list of Unauthorized Content is not exhaustive and may be updated from time to time by Company without any prior notice. It is Your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this Website. Although under no obligation to do so, Company reserves the right to monitor the use of this Website to determine compliance with these Terms and Conditions, as well as the right to remove or refuse posting any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

Class Action Waiver

You acknowledge and agree that You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms will be constituted as an electronic communication. You are consenting to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: fyndflow@gmail.com

By accessing Our Website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by Us at any time at Our sole discretion. Your use of this Website constitutes your acknowledgment and acceptance of these Terms and Conditions and any and all amendments thereof.

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.FyndFlow.com (the “Website”).

The Website is owned and operated by BrandingBum Creative Studio (“BrandingBum”), a Proprietorship Company, incorporated under the provisions of the to sub-section (2) of section 7 and sub-section (1) of section 8 of the Companies Act, 2013 (18 of 2013) and

rule 18 of the Companies (Incorporation) Rules, 2014], a recognised Startup by Startup India that has its registered office at Electronics City Phase 1, Bengaluru, Karnataka, India.

These Terms and Conditions constitute a legally binding agreement made with you, whether personally or on behalf of an entity (“you”) and BrandingBum with the brand name as FyndFlow™   (“we,” “us” or “our”), concerning your access to and use of the https://www.fyndflow.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

By accessing any Services on the Site, you irrevocably accept all the terms stipulated in this agreement.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. 

You agree that it is your responsibility to periodically review the current version of these Terms of Use as posted on the Website.

The Website allows Users to connect with counsellors or other individuals (“Provider(s)”) who provide counselling, therapy and other services, are mostly psychologists.

Acknowledgement

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website. By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.

You affirm that You are either at least 18 years of age, or an emancipated minor, or You possess parental or guardian consent, and are fully able and competent:

  • to assume and to fulfil the obligations set forth in these Terms and Conditions,

  • to make representations and warranties set forth in these Terms and Conditions, and

  • to abide by and comply with these Terms and Conditions.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access Our Website or parts of Our Website.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FyndFlow, a Proprietorship, under BrandingBum Creative Studio located at Electronics City Phase 1, Bengaluru, Karnataka, India.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Website.

  • Goods refer to the items offered for sale on the Website.

  • Orders mean a request by You to purchase Goods from Us.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.

  • Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.

  • Website refers to FyndFlow, accessible from https://fyndflow.com/

  • You (also, referred to as “Your”) means the individual accessing or using the Website, or the company, or other legal entity

Access To This Website

You agree to use this Website only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. To access this Website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information you provide on this Website is true, correct, and complete. If Our Company believes the information You provide is not true, correct, or complete, We have the right to refuse Your access to this Website or any of its resources, and to terminate or suspend Your access at any time, without notice.

Restrictions On Use

This Website is provided solely for non-commercial, personal use, and/or so that you may learn about Our Company and the services we provide. You may not use this Website for any other purpose, including, without limitation, any commercial purpose, without Our Company’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co-brand this Website, or (ii) frame this Website, or (iii) hyperlink to this Website, without the express prior written permission of an authorized representative of Our Company. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to publish, distribute or display this Website or Content accessible within this Website. You agree to cooperate with Our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate Your Account. You are prohibited from compromising the security of this Website or tampering with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools, etc.) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators of other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any content that are believed to violate these Terms and Conditions. By accepting these Terms and Conditions, you agree to waive, release, and hold harmless the Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Promotions

Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

TERMS OF USE FOR PROVIDERS

The terms in this Clause are applicable only to the Professionals associated with FyndFlow:

  1. Practitioners must submit soft copies of original documents for their profile to verify their educational qualifications to practice at FyndFlow. We reserve the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. If any information displayed on the Website in connection with you and your profile information is found to be incorrect, you are required to inform Team FyndFlow immediately to enable necessary amendments. If FyndFlow determines that you have provided inaccurate information or enabled fraudulent feedback, we reserve the right to immediately suspend any of your accounts with us.

  2. Practitioners must treat all the clients ethically and refrain from doing anything illegal or unethical. You as a Practitioner hereby represent and warrant that you will function in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and FyndFlow accepts no liability for the same.

  3. Practitioners cannot take clients received from FyndFlow outside of the FyndFlow portal.

  4. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

  5. A fixed % of what the Practitioners charge their clients will go to FyndFlow for website maintenance and other purposes.

  6. FyndFlow reserves the right to remove any abusive, inappropriate or promotional content added on the Website by Practitioners. However, FyndFlow shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

  7. If any Practitioner is found not abiding by the above mentioned conditions or doing something illegal, FyndFlow will resort to legal action.

  8. In case a Practitioner is harassed or mistreated in any form, they are encouraged to bring it to FyndFlow’s notice for due measures.

USE OF SERVICES / WEBSITE BY MINORS

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site. 

Option 2: The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] 

(3) you have the legal capacity and you agree to comply with these Terms and Conditions; 

(4) you are not under the age of 18, with an exception to Clause – [if a minor, you have received parental permission to use the Site]; 

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; 

(7) you will not use the Site for any illegal or unauthorized purpose; 

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, or otherwise objectionable.

OWNERSHIP OF THE WEBSITE

The Website contains content owned or licensed by FyndFlow. FyndFlow owns and retains all rights in the FyndFlow Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FyndFlow Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FyndFlow Content.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

PAYMENT

Any payment you make for the use of the Services is used to compensate FyndFlow for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

‍The FyndFlow Network Providers practicing through the Platform also compensate for the use of the FyndFlow technology and for administrative fees. Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct services provided to you. FyndFlow does not participate, split, or take a percentage of this payment to the Provider. Regardless of any payments made, FyndFlow does not hold itself out as your direct provider of therapy services as that is the role of your licensed, network accredited Provider. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by FyndFlow from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to you. 

All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:

  1. You are legally authorized to provide such Payment Details; 

  2. You are legally authorized to perform payments using such Payment Details; and 

  3. Such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:

  1. Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;

  2. You have not provided the Company with correct Payment Details;

  3. Your payment card has expired; or

  4. Circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

If you access the Services through a EAP or an Employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.

PROVIDERS

FyndFlow does not directly employ the Providers matched through the Service. FyndFlow created a modern, digital health network of nationwide digitally trained and accredited Providers. The FyndFlow Network only works with independent, licensed, insured and vetted professional Providers. 

In order to receive approval to practice using the FyndFlow Network, the applying Provider must be found to be in compliance with the policies and procedures of FyndFlow.

Your relationship with the Provider is strictly with the Provider. FyndFlow is not involved in the Provider-client relationship and does not interfere, validate or control the Provider’s service unless advocating on behalf of You when following up on a particular complaint. You are always advised to exercise a high level of care and caution in the use of FyndFlow Network of Providers as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining FyndFlow with traditional face-to-face appointments; solely because of information you saw on the FyndFlow site or advice you received through a FyndFlow Network Provider.

FyndFlow supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) along with the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. or licensed to us, and  are protected by copyright and trademark laws and various  as well as other intellectual property rights. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  3. use a buying agent or purchasing agent to make purchases on the Site. 

  4. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  5. engage in unauthorized framing of or linking to the Site.

  6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  7. make improper use of our support services or submit false reports of abuse or misconduct.

  8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  9. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  10. attempt to impersonate another user or person or use the username of another user.

  11. sell or otherwise transfer your profile.

  12. use any information obtained from the Site in order to harass, abuse, or harm another person.

  13. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  15. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  17. delete the copyright or other proprietary rights notice from any Content.

  18. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  23. use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.

  4. your Contributions are not false, inaccurate, or misleading. 

  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

  9. your Contributions do not violate any applicable law, regulation, or rule.

  10. your Contributions do not violate the privacy or publicity rights of any third party.

  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  12. your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts] , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. 

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: 

  1. you should have firsthand experience with the person/entity being reviewed; 

  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; 

  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; 

  4. your reviews should not contain references to illegal activity; 

  5. you should not be affiliated with competitors if posting negative reviews;

  6. you should not make any conclusions as to the legality of conduct;

  7. you may not post any false or misleading statements; 

  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. 

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not: 

  1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 

  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application; 

  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 

  5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 

  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 

  7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 

  8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; 

  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: 

  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

  5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 

  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. 

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. 

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. 

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Website (collectively, hereinafter referred to as “Submission”), and to incorporate any Submission in other works in any form, media, or technology, now known or later developed. Company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Company operations.

By making a Submission, You are guaranteeing to Us that You have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Company will treat any personal information that You submit through this Website in accordance with its Privacy Policy as set forth on this Website.

Intellectual Property

The Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of the Company.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of our copyright agent via fyndflow@gmail.com and include in Your notice a detailed description of the alleged infringement. Digital Millennium Copyright Act (DMCA) requires the email address of the Copyright Agent in order to receive infringements notices. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c) (3) for further detail): An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Website where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • 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.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Any notification by a copyright owner or a person authorized to act on copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. You can contact our copyright agent via our Copyright Infringement mail: fyndflow@gmail.com

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counternotice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ title17/92appb.html for details.

Trademarks

The material and Content accessible from this Website and any other World Wide Web page owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all the rights, title, and interest in Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, or unless authorized in writing elsewhere on Our Website, except that you may print out a copy of Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of Company.

Copyrights

This Website and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors, or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Website as an employee or member of any business or organization, you may download and re-print Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by Company, for example, in certain password-restricted areas of Website. You may not manipulate or alter in any way images or other Content on the Website.

Hyperlinks

This Website may be hyper-linked to other Third-Party Media Services which are not maintained by or related to Company. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by Company of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with this Website or Company. Company has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at Your own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to this Website. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave Company’s Website and will become subject to the terms and conditions of the linked Third-Party Media Services.

Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Media Services. We recommend that you make yourself aware of the terms and conditions of any Third-Party Media Services you access from our Company’s Website.

Downloading Material

You understand that Company cannot and does not guarantee or warrant that the files available for downloading from the Internet and/or the Website will be free of viruses, worms, Trojan horses, or other codes that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for Your use of the Internet and/or the Website.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. 

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

  1. monitor the Site for violations of these Terms and Conditions; 

  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 

  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 

  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; 

  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We adhere to the norms and practices of data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in India. You can read our privacy policy here [CLICK HERE]

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Site, you are transferring your data to India, and you are expressing consent to have your data transferred to and processed in India. 

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Indian Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

INTERNATIONAL USE AND THE GDPR

FyndFlow Platform advises both its Client/Users and practicing Platform Providers to be aware of and respect and comply with the local laws of any international based Client. FyndFlow is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” FyndFlow has always respected our Client’s Privacy (see our Privacy Policy)  and we were already a HIPAA certified platform following stringent data privacy rules

The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:

Disclosure when you sell, transfer or third party marketing of User’s data: As outlined in this Terms of Use, FyndFlow does not sell or transfer Client data and any marketing efforts are focused solely on internal information updates to our registered Clients.

Access to collected data: At FyndFlow, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Providers) and use it as you wish.

Clear Consent: At FyndFlow our Terms of Use are clear on what consent we seek with regards to your data and prior to your engagement with your Provider, you review and agree to a further “informed consent” process.

Security: At FyndFlow we have encrypted our data from day one and has stored all Private Health Information with full HIPAA compliance and in an anonymized form as required by the GDPR.

Notice/Audit: At FyndFlow, we will provide our Clients notice of any data breach and we employ a full time security Officer, as well as engaging a third party security firm to periodically audit both or code and technology security as well as our HIPAA policies and procedures around data security.

Finally, dependent of your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular application or site. This particular tenant of the GDPR may conflict with applicable medical records retention laws. In the United States, this requires at least seven years of retention, which is common around the world and is sometime up to ten years or more in certain countries. So, unlike some data platforms, FyndFlow cannot erase private health data directly upon a Client’s request, as it may be considered essential for other medical file retention purposes. Applicable individual country medical retention laws are generally considered an acceptable exception to the GDPR regulations regarding the right to deletion of certain data.

TERMINATION

FyndFlow reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, where,

  • Such User breaches any terms and conditions of the Agreement;

  • A third party reports violation of its right as a result of your use of the Services;

  • FyndFlow is unable to verify or authenticate any information provide to FyndFlow by a User;

  • FyndFlow has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such User; or

  • FyndFlow believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for FyndFlow or are contrary to the interests of the Website.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account because of the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has a continuous backup of any services the User has rendered in order to comply with the User’s record-keeping process and practices.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site from time to time at our sole discretion and we also reserve the right to modify or discontinue all or part of the Site we may from time to time change these Terms of Use.

We will notify you at least 30 days before such changes apply to you. 

We recommend that you periodically check this page for any revised terms. We will deem your continued use of the Services to constitute your acceptance of all such revised terms. 

We are unable to guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of India, Karnataka, Bengaluru jurisdiction applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts in India County, Chhattisgarh, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in such state and federal courts. 

Other than that, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations begin upon written notice from one Party to the other Party.

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupply this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

Indemnity

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter referred to as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by You, including for any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify the Indemnified Parties for any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out of or related to such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to Your use of the information accessed from this Website.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Website any content that:

  • You do not have the right to post, including proprietary material of any third party;

  • Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;

  • Is vulgar, obscene, pornographic, or indecent;

  • Does not pertain directly to this Website;

  • Threatens or abuses others, libels, defames, invades privacy, and stalks;

  • Is racist, abusive, harassing, threatening or offensive;

  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;

  • Violates any law or may be considered to violate any law;

  • Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this Website;

  • Solicits funds, advertisers or sponsors;

  • Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

  • Disrupts the normal flow of dialogue, causes the screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other users to engage in real time activities via this Website;

  • Includes MP3 format files;

  • Amounts to a “pyramid” or similar scheme;

  • Disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website; or

  • Contains hyper-links to other Websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorized Content”).

The above list of Unauthorized Content is not exhaustive and may be updated from time to time by Company without any prior notice. It is Your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this Website. Although under no obligation to do so, Company reserves the right to monitor the use of this Website to determine compliance with these Terms and Conditions, as well as the right to remove or refuse posting any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

Class Action Waiver

You acknowledge and agree that You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms will be constituted as an electronic communication. You are consenting to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: fyndflow@gmail.com

We are not a medical service or a

suicide prevention helpline.

If you are feeling suicidal, we would suggest you immediately call up a

suicide prevention helpline on: 112

Copyright © 2024 FyndFlow.
Part of the BrandingBum Family ❤️ India.

We are not a medical service or a suicide prevention helpline.

If you are feeling suicidal, we would suggest you immediately

call up a suicide prevention helpline on: 112

Copyright © 2024 FyndFlow.
Part of the BrandingBum Family ❤️ India.

We are not a medical service or a

suicide prevention helpline.

If you are feeling suicidal, we would

suggest you immediately call up a

suicide prevention helpline on: 112

Part of the BrandingBum Family ❤️ India.

Copyright © 2024 FyndFlow.