The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force. If You are a minor and wish to use the Website, You may do so through Your legal guardian.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until: a) The User continues to access and use the Website; or b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 18, 19, 20 & 23 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
Flebie reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove. This Agreement is effective unless and until terminated by either you or Flebie. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website. Flebie may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. Such termination will be without any liability to Flebie. Flebie’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this Agreement. Any such termination of this Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.
By using this Website, and providing his/her contact information to Flebie through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from Flebie and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to firstname.lastname@example.org with the subject [Unsubscribe To Flebie Mails]. The User agrees and acknowledges that it may take up to 5 business days for Flebie to give effect to such a request by the User. The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by Flebie or any of its affiliates / partners relating to any Service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with Flebie shall be governed by the Policy.
The use of this Website by the User, including browsing the Website is free of cost. The Customers are only required to pay for the services which they wish to acquire from the Website. All prices listed on the website are in Indian Rupees. For international orders, the bank that has issued your credit/debit card determines the exact exchange rate that you will be charged. Please note we cannot be held responsible for any discrepancies caused by exchange rate fluctuations. In order to determine an estimated exchange rate for your currency, we recommend using an online currency converter.We reserve the right to amend the fee policy and charge Users for the use of the Website and for availing its Services.
After the Customer has added products to the shopping cart, and proceed to the checkout section, the User will be asked for their contact information, as well as payment related information. You will be required to send money to us and may be required to receive money from us. To process such financial transactions, We use third- party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail. Flebie accepts the following modes of payment: a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card; b) Visa Debit cards issued by domestic banks and those which are acceptable by the ESP; c) Net banking/Direct Debit payments from select banks in India; d) Cash On Delivery As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or the Amex Safekey to complete the transaction. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the Product opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Products purchased by the User will be activated based on successful completion of verification of information furnished by the user. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of Flebie. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and Flebie has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of that website, or affiliated websites where reference to such affiliated websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by Flebie/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
10. USER OBLIGATIONS
11. RESTRICTED USE
16. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of Flebie. Furthermore, with respect to the Website created by Flebie, Flebie shall be the exclusive owner of all the designs, graphics and the like, related to the Website. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits Flebie/Website, to be determined in the sole discretion of Flebie. The User is aware that the Services and Products are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Products and Services resides with the said owners, and that at no point does any such intellectual property stand transferred from the 14 aforementioned owners to the Website, or to the User. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all Products offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied. b) All commercial/contractual terms are offered by and agreed between the User and Flebie alone. The commercial/contractual terms include without limitation, price, return shipping costs, payment methods, payment terms, date, period and mode of delivery, and other services related to Products. c) Flebie/Website does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. Flebie does not implicitly or explicitly support or endorse the sale or purchase of any Products on the Website. d) The User understands and agrees that Flebie uses commercially reasonable efforts to display the colors of original Products accurately via the Website and Services. However, because individual computer monitors may display colors differently, Flebie is not responsible for the color accuracy of any Products displayed on the Site and Services, and disclaims all liability in this regard. e) The Website and Flebie accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Product purchased or service availed of by the User from the Website. f) The User is solely responsible for the security and confidentiality of his/her credit/debit card details. Flebie expressly disclaims all liabilities that may arise 15 as a consequence of any unauthorized use of Your credit/ debit card. g) Flebie shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Flebie with our acquiring bank from time to time. h) The Website and Flebie accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Service availed of by the User from the Website. i) Flebie/Website does not guarantee that the functions and Services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website. j) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
19. FORCE MAJEURE
Neither Flebie nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, 16 hacking, piracy, cheating, illegal or unauthorized.
20. DISPUTE RESOLUTION AND
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow; b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by Flebie, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the state of Karnataka, India. 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 the State of Karnataka, India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to Flebie by the User reducing the same to writing, and sending the same to the registered office of Flebie by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD). 17
22. MISCELLANEOUS PROVISIONS
a) EntireAgreement: These Terms, read with the Policy form the complete and final contract between the User and Flebie with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto; b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms. c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein. d) Contact Us: If you have any questions about the Website, the Produts, this Agreement, the practices of Flebie, or your experience with the Service, you can e-mail us at email@example.com.