These terms & conditions (“Terms and Conditions”) govern your use of the Ferns ‘N’ Petals Private Limited (“FNP”) and the services provided by it. (1) By accessing, viewing, or using this website of FNP and the websites as mentioned in Annexure A below, the applications in relation thereto, including online ordering, call center service or (2) by installation of the mobile applicationsoftware provided by FNP (“Website”), you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions.
Subject to Applicable Law, FNP may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions. FNP recommends that you carefully read the Terms and Conditions each time you visit the Website as the Terms & Conditions may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the Website for its intended usage.
These Terms & Conditions apply to all users of the Website. The Website may include content, information or links to third parties or third party websites. FNP does not regularly review materials posted, or products or services offered, on the Website by such third parties and does not necessarily endorse all of the materials, products, and services available on such third party websites. By accepting these Terms & Conditions you agree to hold harmless and relieve FNP and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party website and any you agree and acknowledge that viewing and usage of the contents of any such third party website is solely made at your own risk.
C. Access to Website
FNP hereby provides its conditional permission for you to access the Website in accordance with these Terms and Conditions provided that you use the Website on your continued and absolute compliance with these Terms and Conditions. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for (1) your personal, non-commercial use, (2) you may download a single copy of the materials from the Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerized/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers”, place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, FNP grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FNP reserves the right to revoke these exceptions either generally or in specific cases at any time.
You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material’s owner.
D. Intellectual Property Rights
The Website contains many valuable intellectual property including but not limited to trademarks and copyrights used by FNP and its subsidiaries namely Bookmyflowers.com and Giftsbymeeta.com, affiliates and related entities throughout the world. These trademarks are used to distinguish FNP’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of FNP.
The text, graphics and Website’s html code (including flash files, java script etc.) contained in the Website are the exclusive property of FNP, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of FNP.
The Website may link to websites not maintained by or related to FNP. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or FNP. FNP has not reviewed the websites hyper-linked to or from this website and is not responsible for the content of any other website. These links are to be accessed at the user’s own risk and in accordance with the Website’s usage policy. FNP makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to the Website. Furthermore, FNP does not implicitly endorse third-party websites hyper-linked to the Website.
The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law (“Content“) and the trademarks, service marks and logos contained therein (“Trademarks“), are owned by/licensed to FNP, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of FNP or the respective owners, as the case may be. FNP reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The contents of the Website are Copyright (c) 2005 Ferns ‘N’ Petals All rights reserved.
You consent to receive communications from us by e-mail, SMS or any other communication made electronically, verbally or physically through post. You agree that all agreements, notices, disclosures and other communications that FNP provides to you by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.
F. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FNP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
G. Products and Pricing
All products listed on the Website their descriptions, and their prices are each subject to change. FNP reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice. You agree that FNP will not be liable to you or to any third party for any modification, suspension, or discontinuance of any product or services. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or information on such product or services received from FNP’s suppliers, FNP shall have the right, prior to the acceptance of any order, to decline or cancel any such orders, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have been already been charged for the order and FNP cancels your order, FNP for any reason whatsoever, FNP will issue a credit to your credit/debit card or bank account in the amount of the charge.
H. Orders & Acceptance of Orders
When you make an order, you are making an offer to purchase, and such offer is subject to acceptance of FNP. Your receipt of an order confirmation from FNP does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. FNP reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. FNP may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address. Your order is not accepted until FNP sends you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if FNP cancels all or a part of your order, your sole and exclusive remedy is either that (a) FNP will issue a credit to your credit/debit card or bank account in the amount charged for the cancelled portion (if your account card has already been charged for the order) or (b) FNP will not charge your credit/debit card or bank account for the cancelled portion of the order.
For your convenience, FNP accepts Visa, Master Card, Diners Club, American Express, SBI Debit Card and PayPal. Notwithstanding anything contained herein, any and all payments made vide abovementioned options, either through payment gateway on the FNP website or through FNP mobile application, are subject to specific terms and conditions of such third party payment gateways.
FNP encourages you to place your order on the Website for the fastest possible service, but if you prefer, please feel free to call in your order. You can reach us at +91 92124 22000.
8 am – 1 am (Mon – Sat)
9 am – 9 pm (Sun)
Customer can place the order by two methods:-
- Online – Customer can place order on website and make the payment through below mentioned modes of online payment.
- Offline – By calling the call center of FNP.
FNP makes every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please let us know. FNP is will not cancel or change orders already in process at the florist, en-route or delivered.Same-day orders are processed immediately, and usually cannot be changed. If you are calling about an order that is scheduled to be delivered on the same day, you can reach us on +91 92124 22000. No change in delivery instructions will be entertained by FNP prior to 2 working hours of the time of delivery and acknowledged by our Customer support team (domestic). No change of any kind in the delivery requests will be entertained for any international order 48 hours before the scheduled delivery of the order unless confirmed by our Customer Service team on email (international deliveries). FNP will not cancel any order unless informed 24 hours (domestic) / 48 hours (international) prior to the delivery date.
Note : With effect from 1 December 2013, any refund if initiated by FNP in its sole discretion, in respect of cancellation of order by the customer, can only be processed in terms of Gift Vouchers. Gift Voucher shall be valid for 6 (six) months from the date of issue, and would apply on the Website catalogue (www.fnp.com). Gift Voucher can be used only once and will not be exchanged for anything other the products/services as specified therein. Once used, it expires automatically and no refund or return will be entertained in relation to the purchases/orders made with it.
Notwithstanding anything contained herein the Terms and Conditions, any Discount Voucher issued to you by FNP can be used only once and will expire thereafter, even if the order/delivery is unsuccessful.
Note : A refund will be processed by FNP in the event FNP determines that the cancellation of the order is due to FNP’s incapability of fulfilling the order.
Problems with an Order
FNP makes every effort to ensure that you receive excellent service. If, at any time, you experience problems with an order, please let us know.
Note : FNP will not entertain any complaint for perishable products like fresh flowers, cake etc. after 48 hours from the time of delivery.
Shortly after you place an order, you will receive an Order Confirmation e-mail which will include all the details of your order, including the order number, (required in the event you need to contact FNP). To show our appreciation, you will receive a confirmation e-mail from FNP when your gift has been delivered.
I. Payment Terms
For each product or service you order on the Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select, if any (“Delivery Fees”), and any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on FNP’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (“Taxes”) not withheld by FNP. All payments are non-refundable (except as expressly set forth in the Terms and Conditions). Without limiting other remedies, FNP reserves the right to charge a late fee on all past due payments equivalent to the lesser of 1.5% (one and half percent) per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.
Order delivery is totally subject to the payment received by FNP. Unless payment is received by FNP, no order will be processed.
Mode of making payment
- Debit Card (particulars mentioned below)
- Credit Card – Domestic and international
- Internet Banking (Funds transfer in FNP’s account)
- Cash Collection/Cash Cards (Oxy Cash) /Suvidha Cash Deposit/Direct Deposit – Customer need to follow up with FNP over phone and e-mail to update the status of payment.
Offline (Over the Phone: When customer places order over the phone. At times customer places an order on Website however payment gets stuck in gateway and payment may not go through. In such situations customer might get a call from our specialist support unit to assist them in placing the order.)
Debit Card-SBI/PNB card are only accepted however customer needs to share PIN no.
Credit Card – Domestic and international (with the help of IVR)
Cash Collection before delivery: This facility is currently available in Delhi, Mumbai, Chandigarh, Kolkata, Pune, Chennai, Bangalore, Ahmadabad, Hyderabad, Thane, Navi Mumbai, Ghaziabad, Noida, Vishakapatnam and Faridabad.
|VISA Electron only|
|AXIS Bank Debit Card||Corporation Bank Debit Card|
|Barclays Bank Debit Card||Cosmos Bank Visa debit card|
|Deutsche Bank Debit Card||HDFC Bank Debit Card|
|Indian Overseas Bank Debit Card||ING Vyasa Bank Debit Card|
|KarurVysya Bank Debit Card||Kotak Mahindra Bank Virtual Card|
|Standard Chartered Bank Visa debit Card|
|Other Debit Cards|
|Canara Bank Debit Card||ICICI Bank Debit Card|
|Citibank Debit Card||Punjab National Bank Debit Card|
|State Bank of India Debit Card|
Credit Cards :- Payment can be done through credit cards from the below mentioned list:
|Visa / Master _ Indian Cards||Visa / Master_ International Cards|
|American Express Cards||Diners Club Cards|
Net Banking :-Customer can transfer the funds to FNP Account through net banking. Below mentioned is the list of banks which FNP accepts for net banking:
|ABN AMRO Bank||AXIS Bank|
|Bank of Baroda Corporate Accounts||Bank of Baroda Retail Accounts|
|Bank of India||Bank of Maharashtra|
|Bank of Rajasthan||Citibank Bank Account Online|
|City Union Bank||Corporation Bank|
|Deutsche Bank||Federal Bank|
|HDFC Bank||ICICI Bank|
|IDBI Bank||IndusInd Bank|
OFFLINE (Call Center) : – When customer places order over the phone. At times customer places an order on website however payment gets stuck in gateway and payment may not go through. In such situations customer might get a call from our specialist support unit to assist them in placing the order.
Modes of making payment: -Debit Cards: -
1 . SBI/PNB cards are only accepted however customer needs to share PIN no.
2 . SBI/PNB cards are only accepted however customer needs to share PIN no.
Credit Card: – All Domestic and international.
Cash Bank Deposit : – Customer can visit the branch directly to deposit the payment or can transfer the payment through net banking
|Axis Bank Ltd.||ICICI Bank Ltd.||HDFC Bank Ltd.||SBI Bank|
|Beneficiary Name:||Ferns N Petals Pvt. Ltd.||Ferns N Petals Pvt. Ltd.||Ferns N Petals Pvt. Ltd.||Ferns N Petals Pvt. Ltd.|
|Beneficiary Account No:||473010200003841||054705000119||00920350000041||31495684564|
|Current Account||Current Account||Current Account||Current Account|
|Bank Name:||Axis Bank Ltd.||ICICI Bank Ltd.||HDFC Bank Ltd.||STATE BANK OF INDIA|
|Branch:||29 CC, BasantLok
|Indian Spinal Injuries Centre,
|B-54/a, Greater Kailash-1,
For Suvidha cash, Oxy cash and Cash Deposit customer needs to follow-up with us so that records can be updated and order can be processed.
Any transaction above INR 2000/- would mandatory invite customers authorization letter in the prescribed format authorising FNP to debit his account. Any transaction above INR 5000/- would mandatory invite customers authorisation letter in the prescribed format, Identity proof (Driving Licence, PAN, Passport, Voter ID Card) apart from front and back side of the credit card. FNP does not take the responsibility of any transaction which is processed without your consent and knowledge. The cardholder is solely and totally liable for the transactions and the amount charged on his bank account.
J. Shipping & Delivery Policy
The below mentioned terms of the shipping and delivery are qualified by the Shipping Disclaimer, which forms an integral part of the Terms and Conditions.
To assure same-day delivery, orders must be received by FNP before 1:30 pm, Monday – Sunday, IST. Orders received after that time may be delivered the following day. Proof of delivery will be provided in case of any dispute in delivery.
FNP does not guarantee time of delivery to rural route addresses, hotels, hospitals, military bases or cemeteries. To request a specific delivery time, please type it into the Special Instructions field during checkout. FNP will endeavor to accommodate your preferences. Before major holidays, FNP recommends that you place your orders at least 5 (five) days in advance. Express delivery products may not be delivered along with courier products.
FNP, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient\’s address
- Notwithstanding anything contained in the Terms and Conditions or elsewhere on the Website, any delivery times provided by FNP are estimates. Currently FNP delivers within the Express Cities, Courier Cities and Remote cities.
If the orders are to be delivered by courier companies, it is possible that FNP’s courier partners have a holiday between the day you placed your order and the date of delivery. In this case, the delivery may not be made on the estimated date.
Estimated delivery time depends on the availability of the product and the destination to which you want the order/product to be shipped.
K. Substitution Policy
Occasionally, substitutions of flowers or containers are necessary due to temporary, regional availability issues. If this is the case with the gift/order/product you have selected, experienced florists of FNP will ensure that the style, theme and color scheme of your arrangement is preserved and will only substitute items of equal or higher value. However FNP reserves the right to substitute the flowers (including specified color) / other products with equal or higher value in case of non-availability of the desired product.
L. Return & Refund Policy
Your purchase is final and non-refundable. Subject to the other Term and Conditions, no product or service may be returned.
Notwithstanding anything contained in the Terms and Conditions, in the event FNP decides to refund to you, FNP will offer only credit vouchers equivalent to the refund amount but in some case FNP will refund the money back and the refund could be processed if we have account details of the customer. Refund could be processed if it is agreed upon and communicated in writing to the customer.
Online Refund is credited directly through the mode from which customer has paid the money within 24 working hours. Once processed by FNP refund takes 10-15 business days to reflect in your account.
Offline Refund is credited once customer shares the bank details post which it takes 5-7 working days. Once processed by FNP refund takes 10-15 business days to reflect in your account.
FNP is not responsible and does not guarantee refund for cases where:
- Flowers, plants, fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender.
- Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
- Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
- Product quality problems caused by improper handling by the recipient.
FNP will not accept any product exchanges.
If any product received by you is in a damaged/defective condition, you should report the same to FNP within 48 hours of such delivery at91-9212422000 and e-mail the photographs of the same at firstname.lastname@example.org. FNP will in its sole discretion will either deliver to you, the new product at its own cost or refund to you the amount in relation to such product. Subject to the Terms and Conditions, once refund is initiated by FNP, it takes 10-15 business days to reflect the refund amount in your account.
M. Disclaimers, Limitations And Exclusions Of Liability
WHILE FNP ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE, THERE MAY EXIST SOME INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, FNP MAY MAKE MODIFICATIONS OR CHANGES TO THE WEBSITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME. FNP IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR PRICING ERRORS ON THE WEBSITE; FNP RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH FNP BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT FNP BELIEVES ARE HARMFUL TO FNP OR ITS AFFILIATES. FNP ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS WEBSITE.
YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS WEBSITE. FNP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FNP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. FNP DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FNP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS AND CONDITION, THE SERVICE, THE WEBSITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF FNP WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL AGGREGATE LIABILITY OF FNP TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) INR 500 (INDIAN RUPEES FIVE HUNDRED ONLY) OR (2) THE AMOUNTS YOU HAVE PAID TO COMPANY IN RELATION TO THE SERVICE, THE PRODUCTS OR THE USAGE OF THE WEBSITE IN THE PAST 1 (ONE) MONTH HEREUNDER. YOU AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND FNP RELATING TO THE PROVISION OF THE WEBSITE, THE SERVICE AND THE PRODUCTS TO YOU, AND FNP WOULD NOT PROVIDE THE WEBSITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
FNP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN RELATION TO (1) THE USE OR CONSUMPTION OF PRODUCTS PROCURED / MANUFACTURED BY THIRD PARTIES OR (2) THE PRODUCTS DELIVERED TO YOU BY ANY THIRD PARTY. FNP ASSUMES NO RESPONSIBILITY FOR EXAMINING OR EVALUATING THE PRODUCTS AND SERVICES OFFERED BY THEM. FNP DOES NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS. FNP DOES NOT ENDORSE, IN ANY WAY, ANY THIRD PARTY PRODUCTS OR SERVICES OR WEBSITE’S CONTENT THEREOF. ANY CLAIM IN RESPECT OF THE SAME SHALL BE MADE DIRECTLY WITH THE THIRD PARTY.
N. User Submissions
FNP welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to FNP or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for FNP to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, FNP does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that FNP may publish your name and submissions on the Website, FNP managed social media, advertising, print material or in any other press releases of media items.
In relation to your User Submission you covenant, represent and warrant that:
- you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise FNP to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms & Conditions .
- in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FNP all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to FNP or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Your agrees and acknowledge that FNP does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FNP expressly disclaims any and all liability in connection with User Submissions. Furthermore, FNP does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and FNP is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. FNP reserves the right to remove content and User Submissions without any prior notice.
FNP may also terminate, without notice, a user’s access to its website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. FNP also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
You agree to indemnify, defend and hold harmless FNP, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by FNP.
P. Ability to accept the Terms & Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
Q. Applicable Law & Jurisdiction
By accessing the Website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and FNP or its affiliates.
Any claim or dispute between you and FNP that arises in whole or in part from accessing or using the Website or in relation to orders, delivery, quality or any such products or services offered through the Website, shall be decided exclusively by a court of competent jurisdiction located in Delhi, India only.
R. Local Laws
FNP makes no representation that the products/materials as mentioned on the Website is appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal, is prohibited. Further, FNP makes no representation that the products and services available for sale or use on the Website are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from the Website from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
S. Entire Agreement
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law or deemed invalid, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and FNP as a result of these Terms and Conditions or your use of the Website. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and the failure by FNP to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
U. Important Notice to Webmasters
You shall not use or deploy the Trademarks in the html coding of any website and/or hidden text to aid indexing by search services by listing selected keywords in order to display those pages when a user types into a search service.
Linking to any content/pages on the Website is prohibited absent express written permission from FNP. Framing the FNP Website with links, Metatags, advertisements and/or other information not originating from the FNP Website is expressly prohibited.