Use of the Platform or Services

Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the Flaymelon Pvt. Ltd. website located at https://flaymelon.in/, and all associated sites linked to https://flaymelon.in/, or any similar platform (hereinafter collectively referred to as the Flaymelon Pvt. Ltd. Platform), having its registered office at Aqsa Masjid Rd, Gautam Nagar, Jogeshwari West, Mumbai, Maharashtra 400102 on any device and/or before availing any services offered by Flaymelon Pvt. Ltd. (hereinafter individually and collectively referred to as the Flaymelon Pvt. Ltd. Services). For the avoidance of doubt, these terms and conditions apply to all of our Services.

Acceptance

By registering on, accessing, browsing, downloading, or using the Platform for any general purpose or for the specific purpose of availing any Flaymelon Pvt. Ltd. Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Flaymelon Pvt. Ltd. Service (hereinafter collectively, the T&Cs).

These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific T&Cs in relation to any Flaymelon Pvt. Ltd. Service or any future service that may be offered by Flaymelon Pvt. Ltd. on the Flaymelon Pvt. Ltd. Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the Flaymelon Pvt. Ltd. Platform or availing any Flaymelon Pvt. Ltd. Service or the SSOID, You automatically and immediately agree to all the T&Cs.

If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by them, You may not access, browse, or use the Flaymelon Pvt. Ltd. Platform and must immediately terminate your use of the Flaymelon Pvt. Ltd. Services.

Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age, and an individual user of the Flaymelon Pvt. Ltd. Platform or a customer, donor, or beneficiary of Flaymelon Pvt. Ltd. Services. All services are rendered by Flaymelon Pvt. Ltd. through the Flaymelon Pvt. Ltd. Platform under the brand name “Flaymelon Pvt. Ltd.” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities, and obligations under these T&Cs shall accrue to the benefit of or be incurred by Flaymelon Pvt. Ltd. with respect to your use of Flaymelon Pvt. Ltd.’s digital services or any such other services that may be added to the platform from time to time.

As long as You accept and comply with these T&Cs, Flaymelon Pvt. Ltd. grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Flaymelon Pvt. Ltd. Platform and/or avail of the Flaymelon Pvt. Ltd. Services.

Indemnification

You agree to indemnify, save, and hold Flaymelon Pvt. Ltd., its affiliates, employees, officers, directors, and partners harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to:

  • Your use or misuse of the Flaymelon Pvt. Ltd. Services or of the Flaymelon Pvt. Ltd. Platform;

  • Any violation by You of this Agreement or the SSOID Agreement; or

  • Any breach of the representations, warranties, and covenants made by You herein.

Flaymelon Pvt. Ltd. reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify it, including rights to settle, and You agree to cooperate with our defense and settlement of such claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer; No Warranties

To the fullest extent permissible under applicable law, Flaymelon Pvt. Ltd. and its third-party partners disclaim all warranties or guarantees—whether statutory, express, or implied—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Flaymelon Pvt. Ltd. or through the Flaymelon Pvt. Ltd. Services or the Flaymelon Pvt. Ltd. Platform will create any warranty or guarantee other than those expressly stated herein.

You expressly agree that the use of the Flaymelon Pvt. Ltd. Services and Platform is at Your sole risk. Flaymelon Pvt. Ltd. is not liable for any third-party obligations related to telecom, payment gateways, or suppliers.

We do not warrant that our Services will be uninterrupted or error-free or that defects in the site will be corrected. The Flaymelon Pvt. Ltd. Services and Platform, including any data, software, or third-party content, are provided on an “as is,” “as available,” and “with all faults” basis. Flaymelon Pvt. Ltd. and its partners make no representations regarding the accuracy, reliability, or availability of any information or features provided.

You understand and agree that any information or data downloaded through our Services is done at your own discretion and risk. You will be solely responsible for any damage to your property or loss of data resulting from such downloads or use.

No person is authorized to make any warranty on behalf of Flaymelon Pvt. Ltd., and You should not rely on any such statement. In no event will Flaymelon Pvt. Ltd. be liable for any incidental, consequential, or indirect damages (including but not limited to loss of profits, business interruption, or loss of information) arising from the use or inability to use the Platform.

Ownership; Proprietary Rights

The Flaymelon Pvt. Ltd. Services and Platform are owned and operated by Flaymelon Pvt. Ltd.. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), and all other elements of the Platform and Services are protected by intellectual property laws and international conventions.

All materials on the Platform are the property of Flaymelon Pvt. Ltd.. You agree not to copy, distribute, modify, publicly display, publish, or create derivative works from any materials without prior written authorization. Flaymelon Pvt. Ltd. reserves all rights not expressly granted under this Agreement.

If you provide feedback or suggestions, You irrevocably assign all intellectual property rights therein to Flaymelon Pvt. Ltd..

Dispute Resolution

In the event of any dispute, controversy, or claim arising under this Agreement or in relation to any Flaymelon Pvt. Ltd. Service or the Platform (hereinafter “Dispute”), the parties shall endeavor to resolve such Dispute amicably. If unresolved within 30 days, Flaymelon Pvt. Ltd. may elect to resolve it by binding arbitration under the provisions of the Indian Arbitration & Conciliation Act, 1996.

  • The Dispute shall be referred to a sole arbitrator appointed per the Act.

  • The seat of arbitration shall be Mumbai, Maharashtra, and the language shall be English.

  • Either party may seek interim relief from courts in Mumbai.

  • Arbitration proceedings shall remain confidential.

Each party shall bear its own legal costs and share arbitration fees equally. This clause shall survive termination of this Agreement.

Governing Law and Jurisdiction

Subject to the Dispute Resolution clause above, You agree that any claim or dispute You may have against Flaymelon Pvt. Ltd. shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India. This Agreement shall be governed and construed in accordance with the laws of India.