This Terms of use between:
FamTree
Hereinafter referred to as ‘We/Us/Our’ which term whenever the context admits
or permits shall mean the Platform owned by the aforesaid entity and includes its
representatives, agent/s, assign/s of the one part.
And
You
Hereinafter referred to as ‘You/Your’ which shall mean the User of our
Application/Website, of the other part.
This Terms Of Use govern Your use of this Application/Website having domain
name ‘famtree’ (hereinafter referred to as ‘Platform’) which is owned and operated
by Family Space Limited, a company, having its registered office at Bangalore.
The terms of use inter-alia govern the use of this platform as well, including but
not limited to all the data, text, information, software, photographs, and more (all
of which is referred to as “Materials”) that we and/our affiliates may make
available to You, as well as any products or services we may provide through Our
platform(all of which are referred to in These Terms of Use as “platform”).
Please review the terms of use carefully before using the platform. By using the
platform, you accept the terms of use mentioned herein. You shall not use this
platform if you do not accept to the terms.
1. USER ELIGIBILITY
This platform provided by us is made available only to individuals who have
attained the age of majority and are competent to enter into legally binding
agreement(s) under the laws of India. If you do not qualify, you are not
permitted to use the platform.
2. CHANGES
We are constantly innovating in order to provide the best services/
experience to you. Hence, we may occasionally change these terms, please
review the terms periodically. If you continue to use the services after we
change the terms, it is deemed that you have accepted all the changes made.
3. PROVISIONS AND USE OF SERVICES
a. We may take any of the following actions in our sole discretion at any
time and for any reason without giving you prior notice:
i. Restrict or terminate your access to the services (permanently or
temporarily). You may stop using our services at any time and need
not intimate Us regarding this.
ii. Change or discontinue the services provided by Us.
iii. Provide information concerning you and your activities to comply
with applicable laws or respond to court orders or any other lawful
requests.
b. You agree not to access or attempt to access any of the Services by any
means other than through the interface that is provided by Us, unless
you have been specifically allowed to do so in a separate agreement with
Us.
c. Without limiting any other provision in these terms, you may not use the
services to host, display, upload, modify, publish, transmit, update or
share any information that:
i. Belongs to another person and to which YOU do not have a right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in
any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages
or communicates any information which is grossly offensive or
menacing in nature;
vii. impersonates another person;
viii. contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer resource;
ix. threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes
incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation.
4. REGISTRATION AND ACCESS
You are solely responsible for maintaining the confidentiality of your login
credentials (name, Password etc) and you accept responsibility for all
activities, charges and damages that occur under your account. If you have
reason to believe that someone else is using your account without your
permission, you should contact us immediately. We will not be responsible
for any loss or damage resulting from your failure to notify us of any
unauthorised use.
5. MODIFICATIONS
We reserve the right to modify, discontinue or suspend this platform at any
point in time without giving any prior notice to You. The contents in the
platform may be outdated and We make no commitment to update this
Platform. In case You require any up to date information of the products or
services provided by Us, you shall get in touch with us through this
platform.
6. WARRANTIES
a. You expressly understand and agree that the information, products and
services in the Platform are provided "as is" and “as available”.
b. You expressly agree and understand that the platform is an online
platform that enables You to collaborate with your family members,
share and store your memories and communicate with each other. You
hereby expressly agree that we are in no manner responsible for any
content/information which is made available by the users, and/or
conduct of the users, and/or any liability arising out of the transaction/s
between such users.
c. You expressly agree that we offer our services solely as a platform for its
users to take benefit of and we do not represent and/or warrant and/or
guarantee the identity of the users and the truthfulness of the
information/data made available by the users.
d. We/ our subsidiaries and affiliates, and our licensors do not represent or
warrant to you that:
i. Your use of the services will meet your requirements.
ii. Your use of the services will be uninterrupted, timely, secure or free
from error.
iii. any information obtained by you as a result of your use of the
services will be accurate or reliable, and
iv. that defects in the operation or functionality of any software provided
to you as part of the services will be corrected.
e. You expressly agree that any material downloaded or otherwise obtained
through the use of the services provided in this Platform is done at your
own discretion and risk and that you will solely be responsible for any
damage to your computer system or other device or loss of data that
results from the download of any such material.
7. PERMISSIONS
By using the Platform, You authorise Us to share your information with
third parties, subject to the restrictions imposed by applicable law. You
authorise Us to share your information and the content available on the
Platform with the law enforcement authorities, if deemed necessary by Us
for any reason whatsoever.
8. CONSENT
Where you have consented to any marketing and promotional
communications, You authorise Us to communicate to you regarding the
services offered by Us, any promotional communication or make any other
communication to enhance Your user experience. In any case, you can
always opt out if you so wish at any later date by contacting us at
info@family.space
9. CONTENT RIGHTS AND LIABILITIES
We do not have any ownership over the contents shared in the Platform.
The Platform cannot be used for infringing third party intellectual property
rights, sharing content which is identified as objectionable by Us (adult
content, violent content, etc). We may delete the content and remove you
from the Platform if Your usage of the Platform is not compliant with Our
Terms of Use. By sharing/posting Your content on the Platform, you
authorise Us to display, share, copy, distribute the content in line with the
terms of use and privacy policy.
10. INTERMEDIARY STATUS AND NO LIABILITY
We are an Intermediary as defined in the Information Technology Act, 2000
and our role is limited to providing a Platform for You to upload, share,
display content. We cannot be held responsible for the content shared by
any user and are not responsible for the consequences of such actions. We
are not responsible for any loss, damage whatsoever caused due to the
content shared on the Platform.
11. INDEMNIFICATION
You will defend, indemnify and hold harmless Us, Our subsidiaries,
affiliates, employees and other representatives and all of our successors and
assigns with respect to claims, costs (including attorney fees and costs)
damages, liabilities and expenses or obligations of any kind arising out of or
in connection with your use or misuse of the services (including, without
limitation use of your account, whether or not authorised by you and claims
arising from user submission). We retain the right to assume the exclusive
defense and control of any claim subject to indemnification, and in such
cases you agree to cooperate with us to defend such claim.
12. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary herein contained, we shall not be
liable to the other in connection with the provision herein for any of the
following damages:
a. Lost Profit, loss of business, loss of investment or loss of goodwill, or
b. Indirect or punitive losses, damages, costs or expenses.
c. any loss or damage which may be incurred by you, including but not
limited to loss or damage as a result of:
any changes which we may make to our services, or for any permanent
or temporary cessation in the provision of the services (or any features
within the services); content on the Platform, the deletion of, corruption
of, or failure to store, any content and other communications data
maintained or transmitted by or through your use of the services;
Further, in no event will we be liable for any direct, indirect, special,
punitive, consequential or exemplary damages, in connection with the usage
or the contents of this platform.
13. JURISDICTION
The Parties expressly agree that the Terms, Policy and any other agreements
entered into between the Parties are governed by the laws, rules and
regulations of India, and that the Courts at India, shall have exclusive
jurisdiction over any disputes arising between the Parties.
14. DISCLAIMER
You assume total responsibility and risk for Your use of the site and the
services. We provide the site and services "as is" and do not make any
express or implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or noninfringement, or the
implied warranties of merchantability or fitness for a particular purpose)
with regard to the service, and We shall not be liable for any cost or damage
arising either directly or indirectly from any transaction entered by you with
any person pursuant to the service availed by Us. It is solely Your
responsibility to evaluate the accuracy, completeness and usefulness of all
data and other information provided through the service or on the internet
generally. Our services do not warrant that the service will be uninterrupted
or error-free or that defects in the service will be corrected.
15. OUR DETAILS
This platform is owned and operated by Family Space Limited, having its Office at Gladstonos, 116, M.Kyprianou House, 3 & 4 floor, 3032 Limassol, Cyprus
16. PROCEDURE FOR MAKING CLAIMS OF RIGHT
INFRINGEMENT
If you believe that your rights are being infringed, you may fill submit your
intimation of the same to us. We will respond to you expeditiously if you
communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including
removing information or an item, all of which are taken without any
admission as to liability and without prejudice to any rights, remedies or
defenses, all of which are expressly reserved.
If you believe that your rights are being violated by an item or information
on the platform, you may submit a signed Notice to the Grievance Officer:
Name: Natalia Shkirtil
e-mail: support@family.space
Having office at Gladstonos, 116, M.Kyprianou House, 3 & 4 floor, 3032 Limassol, Cyprus
Please provide your address, telephone number, and e-mail address when
sending the notice to us.
17. PROCEDURE FOR NOTIFYING OBJECTIONABLE CONTENT
If you believe that any content on our platform qualifies as objectionable
content, please notify us immediately by sending the signed Notice to such
Objectionable Content by addressing the same to the Grievance Officer:
Name: Natalia Shkirtil
e-mail: support@family.space
Having office at Gladstonos, 116, M.Kyprianou House, 3 & 4 floor, 3032 Limassol, Cyprus
Please provide your address, telephone number, and e-mail address when
sending the notice to us.
Note: Giving false, misleading or inaccurate information in the Notice to us
may result in civil and/ or criminal liability.