Terms and Conditions
About Us
Accessing the Platform
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
Use of Services
Vide these Terms, We grant you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform, solely for your own personal, non-commercial use, subject to the Terms contained herein. Your access and use of the Platform shall be subject to the following representations and warranties:
- You may only access the Platform using authorized and lawful means;
- We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by you to register with the Platform for such access or due to any other reasons whatsoever;
Any configuration or set up of the devices for access to the Platform shall be your sole responsibility.
We collect, store, process and use your information in accordance with Our Privacy Policy (“Privacy Policy”). By using the Platform and/or availing the Services, you will be required to provide your Personal Information (as defined in the Privacy Policy).
You will not take any action that interferes with, degrades or adversely affects Us and/or the Platform.
You will not use the Platform in a manner that: (i) is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) will violate or tamper with the security of the Platform.
You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content.
You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you.
You shall be solely responsible for: (i) procuring and maintaining your network connections and telecommunications links, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Intellectual Property Rights
The trademarks, service marks, and logos used and displayed by Us, in any manner on the Platform or in any of the content are Our registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.
Such propriety trademarks or logos belonging to Us or our partners, contractors, affiliates, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without Our prior approval or the prior approval from respective owners of such proprietary mark.
All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with Us. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.
Indemnification
By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold Us, our directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to Our representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.
Limitation of Liability
To the maximum extent permitted by law, We shall provide the information relating to the Services without warranties, guarantees or representations. We shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.
Under no circumstances We will be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if We have been advised of the possibility of such damages.
We explicitly disclaim any and all liability for any the following:
- errors, mistakes or inaccuracies of the content displayed on the Platform;
- personal injury or property damage of any nature whatsoever, resulting from use of the Platform or Services for any alleged or actual damages or loss of valuables;
- the acts or omissions of our representatives performing Services on our behalf;
- any failure or delay in the Services; and
- any loss or damage arising out of your failure to adhere to your obligations under the Terms.
- user content or the defamatory, offensive, or illegal conduct of any third party with respect to any content on the Platform.
You agree not to use the Platform for any commercial or business purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.
Linking to the Platform
You may link to our home page, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in any such way that suggests a form of association, approval or endorsement with or by Us where none exists.
You must not establish a link to the Platform in any website that does not belong to you.
The Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permissions at any time and without notice.
The website in which you are linking must comply with these terms of use in all respects.
Should you wish to make use of any of the content on the Platform other than set out above or report any complaint of abuse or misuse, please contact: www.fynmodels.com
Disclaimers and Warranties
The content in the Platform is provided to you strictly on an “as is” basis. Notwithstanding anything contained in these Terms, We do not warrant that the Platform: (i) will perform error-free or uninterrupted, or that We will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by Us, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated on a day-to-day basis.
We further acknowledge that it does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms.
Other Conditions
- All notices served by Us shall be provided via email to Your account or as a general notification on the Platform. Any notice to be provided to Us should be sent to www.fynmodels.com or 44A, 9th Street, A.Teresa Nagar, Chennai – 600091.
- Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.
- These Terms together with the Privacy Policy published by us on the Platform/Services, shall constitute the entire agreement between you and Us concerning the Platform/Services.
- If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms are freely transferable to any third parties without the requirement of seeking Your consent.
- You acknowledge that Your participation on the Platform, does not make You an employee or agency or partnership or joint venture or franchise of Us.
- We provide these Terms so that You are aware of the terms that apply to your use of the Platform and Services. You acknowledge that, We have given You a reasonable opportunity to review these Terms and that You have agreed to them.
Governing Law
These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Chennai, India.
We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.
Contact Us
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues or You desire to share your feedback with us on the terms envisaged under these Terms or under the Privacy Policy, please contact us at www.fynmodels.com or email ask@fynmodels.com.