LAST UPDATED: 12 March 2021
These terms and conditions (“Terms”) constitute a binding and enforceable contract between Inflow Technologies Private Limited (a company incorporated under the Companies Act, 2013, with its registered office at Inflow House, 33 & 34, Indiranagar 1st stage, Off 100 feet road, Bangalore – 560038, Karnataka, and its affiliates (collectively, “Inflow”, “we”, “us”, or “our”) and you (“user” or “you”) in relation to the access to and use of the website at https://www.inflowtechnologies.com/ (“Website”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. If you are using this Website on behalf of a third party, you represent and warrant that you (a) have full legal authority to bind such third party to these Terms, and (b) agree to these Terms on behalf of such third party.
1. GENERAL TERMS
1.2. You agree and acknowledge that by accessing the Website, you have carefully read and understood the Terms that govern the use of the Website and are bound by the Terms for as long as you are accessing or using the Website.
1.3. You agree to not use the Website for any purpose that is prohibited by these Terms or applicable law.
The Website provides you with information on the products and services offered by Inflow. Inflow caters to the ever growing need of partners and technology vendors requiring seamless transition of infrastructure, networking and security based solutions into its customer environment. Inflow as a value added distributor, offers its services in the professional support as well as learning and development space. Augmenting/addressing skills and learning the gaps of the end-user community, along with their partners & business associates, remains Inflow’s core focus (“Services”).
3.1. You agree and understand that all of the content accessed by you on the Website is purely for informational purposes aimed to provide details and additional data about or in connection with the Services.
4. ACCURACY OF INFORMATION
4.1. Although we may post information, material, and content on the Website based on reliable sources, we do not make any express or implied representation, warranty, or guarantee as to the accuracy, validity, reliability, or completeness of any such information.
4.2. The features and services of the Website are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, or reliability of any information provided on or through the Website.
5. USER INFORMATION
5.1. Inflow might require you to share information, including information pertaining to your identification in the process of contacting Inflow (“User Information”). You agree that User Information provided in this regard is complete, true, and accurate.
6. WEBSITE ACCESS
6.1. By using or accessing the Website, you represent and warrant that:
(a) you are accessing the Website on your own initiative and are responsible for compliance with all local laws and regulations applicable to you; and
(b) you are solely responsible for any User Information provided by you on the Website.
6.2. You agree not to undertake activities, which include but are not limited to:
(a) infringing any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
(b) except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works of the Website or any portion thereof;
(c) caching unauthorised hypertext links to the Website;
(d) uploading, posting, or transmitting any material that contains software viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(f) use of data mining, robots, spiders, scrapers, crawlers, avatars, or similar data gathering and extraction tools;
(g) making any back-up or archival copies of the Website or any part thereof;
(h) bypassing any measures used by us to prevent or restrict access to the Website;
(i) using the Website for any commercial purpose;
(j) violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
(k) deep-linking to any portion of the Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
(l) “framing”, “mirroring” or otherwise incorporating any part of the Website into any other website without our prior written authorisation;
(m) use the Website in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms; or
(n) violate applicable laws in any manner.
7. INFLOW’S INTELLECTUAL PROPERTY
7.1. All rights, title, and interest in and to the Website, including all intellectual property rights arising out of the Website, are owned by or otherwise licensed to Inflow.
7.2. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Inflow’s or any third party’s intellectual property rights.
8. DISCLAIMERS AND WARRANTIES
8.1. You agree that your use of the Website is at your sole risk.
8.2. To the fullest extent permissible under applicable law, Inflow expressly disclaims all warranties of any kind, express or implied, arising out of the Website, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
8.3. You agree that Inflow will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your access or use of the Website. In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
8.4. You hereby accept full responsibility for any consequences that may arise from your use of the Website.
8.5. To the fullest extent permissible by law, Inflow, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
(a) your use of, inability to use, or availability or unavailability of the Website;
(b) the occurrence or existence of any defect, interruption, delays in the operation or transmission of information to, from, or through the Website, communications failure, theft, destruction or unauthorised access to Inflow’s records;
(c) programmes, services, server, or other infrastructure relating to the Website;
(d) the Website being infected with any malicious code or viruses; or
(e) the failure of the Website to remain operational for any period of time.
9. INDEMNITY AND RELEASE
You agree to release, indemnify and hold us and our affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims arising out of your use of the Website, a breach of any provision of these Terms by you or any person accessing or using the Website on your behalf.
10. LIMITATION OF LIABILITY
In no event shall we be liable to compensate you or any third party for any special, incidental, direct, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website.
11.1. These Terms shall remain in effect as long as you continue to access or use the Website.
11.2. Notwithstanding other legal remedies that may be available to it, Inflow may at its sole discretion, refuse to provide you with access to the Website and its features either temporarily or indefinitely, without providing you with notice or cause, for any reason including but not limited to the occurrence of a violation or breach of any of your obligations, responsibilities, or covenants.
11.3. Upon termination under paragraph 11.2 above:
(a) you will no longer have access to the Website; and
(b) these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
12. MODIFICATION OF PLATFORM
Inflow reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice or cause. You agree and acknowledge that Inflow shall not be liable to you or to any third party for any such addition, modification, suspension, or discontinuation of the Website.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Bangalore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Website.
All communication relating to any dispute or grievance that you may experience in connection with your use of the Website can be addressed by contacting us at email@example.com.
15. MISCELLANEOUS PROVISIONS
15.1. Notwithstanding anything to the contrary, all individuals and entities affiliated to Inflow are intended third-party beneficiaries of these Terms.
15.2. Severability: In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
15.3. Modification: Inflow reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be incorporated into these Terms. The latest updated terms will be accessible at [https://www.inflowtechnologies.com/terms-conditions/].
15.4. Assignment: You shall not assign your rights and obligations hereunder in any manner without Inflow’s prior written consent. Inflow may assign its rights to any of its affiliates or subsidiaries, to any successor in interest of any business associated with the Website, or to any third-party without any prior notice to you.
15.5. Third Party Rights: No third party shall have any rights to enforce any terms contained herein.