Effective Date: October 1, 2023

1. Introduction

FlipTree Digital Private Limited (herein after referred to as "FlipTree Digital") provides to you this website ("Site") for your personal, informational, educational, and entertainment use. The following terms of use ("Terms of Use") govern your access to and use of the Site. Please read the Terms of Use carefully before using the Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through the Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Site ("User Content") or transactions conducted through this Website. Such specific terms may be in addition to the Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in the Terms of Use ("Terms of Use"), "we", "our", and "us" means FlipTree Digital, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses the Site.

2. Acceptance of Terms of Use

By accessing, browsing, or using the Site, you agree to be bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on the Site. If you do NOT agree to all of these terms, you should NOT access or use the Site.

3. Modification of Terms of Use

These Terms of Use may be amended by FlipTree Digital, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other FlipTree Digital websites may have their own terms of use which apply to such websites. FlipTree Digital reserves the right to discontinue or make changes or updates with respect to the Site or the Content of the Site at any time without notice.

4. Privacy Policy

Personal information provided through the Site shall be used in accordance with FlipTree Digital's Privacy Policy ("Privacy Policy") and the Terms of Use are subject to the Privacy Policy as posted on the Site.

5. Copyright and Trademarks

You acknowledge that all content on the Site, including the Site’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, "Content"), are the property of FlipTree Digital or its licensors, and are subject to and protected by international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in the Terms of Use are reserved to their respective intellectual property rights owners. Except as expressly authorized in the Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means without the prior written authorization of FlipTree Digital or the respective intellectual property rights owner. FlipTree Digital authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Site (including, without limitation, FlipTree Digital) are the sole property of FlipTree Digital and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of FlipTree Digital and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are the Marks of FlipTree Digital and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of FlipTree Digital. FlipTree Digital will enforce its intellectual property rights to the fullest extent of the law.

6. Links to Third Party Websites

Links on the Site to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Site. FlipTree Digital does not control or endorse any such third-party websites. You agree that FlipTree Digital and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from the Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. FlipTree Digital expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website. FlipTree Digital recommends that you make yourself aware of and read the legal and privacy policies of all other websites that you visit.

7. Disclaimer of Warranties

FlipTree Digital strives to provide accurate and up-to-date material on the Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on the Site. FlipTree Digital may revise its policy disclaimers at any time. Therefore, we do not take any guarantee of non- infringement. If you keep using the Site after updated changes without considering them and face any kind of damage (by using its information or downloading content), then we will not be liable for it. Your decision to continue to use the Site will be considered that you have agreed to the applied modifications.

Your use of the Site is at your sole risk. The Site and the content contained on the Site are provided on an “as is” and “as available” basis. FlipTree Digital expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FlipTree Digital makes no warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the Site is free from viruses or other harmful components, or (v) any errors in the Site will be corrected. Any material downloaded or otherwise obtained through the Site is provided at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from your use of the Site, including without limitation, damages resulting from computer viruses.

8. Disclaimer of Damages and Limitation of Liability

Neither FlipTree Digital nor its affiliates shall under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to your access to, or use of or inability to use the Site or any material, or any other website you access through a link from the Site, or any incorrect or inaccurate information on the Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including but not limited to property damage, loss of use, loss of data, loss of business, economic loss, or loss of profits), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if FlipTree Digital has been advised of the possibility of such damage or loss. To the maximum extent permitted by applicable law, you expressly waive all claims against FlipTree Digital and its affiliates and their officers, directors, employees, suppliers and programmers that may arise from your access to or use of the Site.

FlipTree Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent. FlipTree Digital and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Site.

9. Indemnification and Release

You agree to indemnify, defend and hold harmless FlipTree Digital and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on, or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

If you have a dispute with one or more users, you release FlipTree Digital and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

10. No Unlawful or Prohibited Activity

As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

FlipTree Digital reserves the right, in its sole discretion, to suspend or terminate your access to the Site and prohibit any and all current and future use of the Site (or any portion thereof) by you, if you fail to comply with any term or provision of the Terms of Use or your use is harmful to the interests of another user of the Site.

11. Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of India, without giving effect to conflicts of law principles thereof. FlipTree Digital makes no representations that the material and information on the Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of the Site or to the Terms of Use shall be brought exclusively in the Courts of Ernakulam, Kerala. You hereby consent and submit to personal jurisdiction in such courts for the purposes of any action relating to the Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

12. Severability

If any provision of the Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

13. No Waiver

The failure of FlipTree Digital and its affiliates to enforce any part of the Terms of Use shall not constitute a waiver of such term or provision and shall not be considered a waiver or limit FlipTree Digital’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

14. Changes to this Terms of Use.

We reserve the right to change or add to this Terms of Use from time to time and will post any revisions on the Site. We will indicate at the top of the Terms of Use when it was most recently updated. We encourage you to check back often to review the latest version.

15. Contacting Us

If you have any questions about this Terms of Use, please feel free to email us at hello@fliptreedigital.com or write to us at: FlipTree Digital Private Limited, No. 4/461, 2nd Floor, Suite No.1327, Valamkottil Towers, Judgemukku, Kakkanad, Kochi, Kerala, India – 682021.