FALCON TERMS AND CONDITIONS

These Falcon Terms and Conditions (“Website Terms”) summarize and capture the entirety of the terms relating to your (“You”, “your”) use of this website (www.falconfs.com) (“Website”), as made available by India Innovation Incorporation Pvt. Ltd. (“Falcon” “We”, “Us” or “Our”). Please note that these Website Terms should be read along with the Falcon Privacy Policy (“Privacy Policy”) available here. The Falcon Privacy Policy is incorporated by reference into these Website Terms. By accessing the Website, you are agreeing to the terms and conditions of these Website Terms. By using/ accessing the Website, you represent and certify that you are capable of entering into a contract as provided under the Indian Contract Act, 1872. If you do not wish to be bound by these Website Terms, you should stop using this Website.

If you are using our Website as an employee, consultant, agent, or representative of another legal person, then you warrant that you have the authority to accept these Website Terms on behalf of such person. The rights granted under these Website Terms are conditional upon acceptance by such authorised employee or consultant.

MODIFICATIONS TO THIS AGREEMENT

Falcon may often modify these Website Terms. Unless otherwise updated on our Website, such changes become effective against you. Falcon will use reasonable efforts to notify you of any material changes to the Website Terms and/or Privacy Policy through communications via your account, email, or any other accessible means.

• PROVISION OF SERVICE

We will make sure that the services and software are made available to you in accordance with these Website Terms, the additional terms (wherever applicable), the applicable statement of work and the documentation. Additionally, we will provide such services in accordance with these Website Terms, the Privacy Policy, relevant laws, and government regulations. During the service term, we grant you a limited, non-exclusive right to access and use the services and software. This is warranted only for internal business purposes in connection with the authorized use.

• YOUR RESPONSIBILITIES 

1. USE RESTRICTIONS: You agree not to use the Website to:

1. Process data on behalf of any third party other than your users and end users;
2. Send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of any laws;
3. Engage in unlawful conduct, including violation of any person’s privacy or publicity rights;
4. Store or transmit any content that infringes upon any third party’s intellectual property rights;
5. Interfere with or disrupt the integrity or performance of our services and their components;
6. Post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, defamatory, obscene or discriminatory;
7. Post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other kind of harmful software;
8. Track cookies, ad exchanges, ad networks, data brokerages or send electronic communications in violation of applicable laws;
9. License, sub-license, sell, resell, rent, lease, transfer, assign, distribute, timeshare or otherwise commercially exploit or make Falcon technology available to any third party other than your users and end users. Even so, only in furtherance of your business in accordance with these Website Terms or any subsequent agreements;
10. Modify, adapt, or hack or attempt to gain unauthorized access to Falcon technology, its related systems, or networks;
11. Falsely imply any sponsorship or association with Falcon;
12. Decompile, reverse engineer, disassemble, reproduce, copy or otherwise access or discover the source code to the underlying program of any portion of Falcon technology. You alone are responsible for making sure that your use of our technology is compliant with all applicable laws and regulations.

• YOURDATA

You retain all rights, title and interest (including intellectual property rights) to the data you provide to us. Subject to these Website Terms you hereby grant Falcon and its affiliates a non-exclusive, worldwide, royalty-free right to process your data solely to the extent necessary to provide services, software, mobile apps and perform other related obligations. You are solely responsible for the accuracy, content and legality of all your data. You confirm that you have sufficient rights over such data to consequently grant such rights to Falcon.

• INTELLECTUAL PROPERTY

Falcon owns all rights in the Website and you are only granted a limited license to access and browse the Website. No part of these Website Terms shall be construed as granting you or any third parties with any rights or interest in the Website or any other intellectual property owned or licensed by Falcon. Further, you grant Falcon the right to use any information provided by you to reach out to you to discuss and/or promote any of Falcon’s product offerings.

• CONFIDENTIALITY

Each party will protect the other’s confidential information from unauthorized access, use or disclosure in the same manner as it protects its own confidential information. Unless otherwise allowed by these Website Terms or any future agreement/s that Falcon and you may enter, only authorised persons from either party may have access to the confidential information with the express knowledge/ written consent of the other party.

Any future agreement and its terms would supersede these Website Terms. Although, you may disclose the confidential information under legal obligations, you shall inform the other person of the action that you are taking. Distribution of confidential information causes more damage than just financial loss. Hence the disclosing party would have the right to seek relief over and above what the law mandates.

• THIRD PARTY SERVICES

We may provide links on the Website that may redirect you to third party websites. These third-party websites are governed by their own terms of use. Please peruse their terms before using any of their services. Please note that you alone will be liable for risks arising out of your use of or accessing these third-party websites.

• TERM AND TERMINATION

These Website Terms are effective as and when you visit the website and may continue for as long as Falcon and you are engaged in a business relationship, unless requested for termination at the discretion of either party. 

• WARRANTIES

Falcon warrants that the website hosted by Falcon will be monitored using commercially available means to attempt to detect and prevent the introduction of any computer instructions, circuitry or other technology, the purpose or effect of which is to disrupt, damage or interfere with the authorized use or access to the computer and communications facilities of Falcon or its Website. This includes any code containing viruses, Trojan horses, worms, backdoors, trapdoors, time-out devices or similar destructive or harmful code or code that self-replicates (collectively, “Malicious Software”). 

All information including, but not limited to, all information/s regarding the services, software’s, mobile applications is on an “AS IS” basis. Falcon is not responsible to anyone for any losses that they may incur on account of any misinterpretation of information/ products as are displayed on the Website.

• ASSIGNMENT

Falcon may assign these Website Terms in its entirety without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of its assets. The same shall be updated and notified on this Website. 

•  COMMUNICATION

All communications including all grievances shall be made to the following email address: legal@falconfs.com

•  GOVERNING LAW

The Website Terms are governed by the Laws of India without regard to conflict of laws principle. For any claims or disputes arising out of the Website Terms, the parties are to submit to the exclusive jurisdiction of the Courts of Delhi.

• FORCE MAJURE

Falcon is not responsible to any party for any delay/failure to perform its obligations under the Website Terms provided that it results from any cause outside the scope of Falcon’s control. Such events include but are not limited to, acts of God, acts of government/ authorised agencies, acts of terror or civil unrest, internet failures or shutdowns and the like. Falcon undertakes to take all necessary precautions/ actions within its scope to resolve all issues arising out of such an event at its earliest convenience. In any case, as long as such acts continue to operate, the Website Terms shall stand suspended.

• LIMITATION OF LIABILITY

Subject to the applicable laws and subject to these Website Terms, in no event are we liable for special, incidental, direct, indirect, or consequential damages. These include downtime costs, loss of data, restoration costs, lost profits, or cost of cover. This clause remains relevant irrespective of whether such claims are based on contract, tort, warranty or any such legal theory. Falcon may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of this Website without notice or liability.

• INDEMNIFICATION

You agree to indemnify and hold harmless Falcon and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages, or expenses (including reasonable attorney's fees) arising from any user content, your use of the Website, your connection to the Website, your violation of these Website Terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Website Terms and your use of the Site.

• ENTIRE AGREEMENT

These Website Terms, with any additional documentation constitutes the entire agreement and supersedes any and all prior agreements or communications between Falcon and you. In the event of a conflict between these Website Terms, the Privacy Policy, the Supplemental Terms/Agreements and/or purchase order, the order of precedence will be:

1. The Privacy Policy
2. The Agreement/s between parties
3. The Supplemental Terms
4. The Website Terms

If any provision in these Website Terms is rendered unenforceable by any competent court, such provision will be modified by the court and interpreted in order to retain the original provision. The remaining provisions remain in effect.

• NO WAIVER

Our failure to insist upon or enforce any right or provision within these Website Terms shall not be interpreted as a waiver of such right or provision by Falcon.