Fixline User Terms and Conditions
(Last updated on 29th July 2022)
YOUR ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS AND CONDITIONS ("TERMS") IS A LEGAL AGREEMENT BETWEEN YOU ("END-USER, YOUR OR YOU") AND THE COMPANY. THE TERMS GOVERN YOUR USE OF THE FIXLINE PLATFORM. THIS DOCUMENT IS AN ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
"COMPANY, US, OUR OR WE" AS USED HEREIN MEANS CLOSE APP PRIVATE LTD., HAVING ITS REGISTERED OFFICE AT "H. No 429A/12, Street No 12, Near Geeta Bhawan, Krishna Colony, Gurgaon"
Fixline PLATFORM” MEANS AND REFERS TO THE COMPANY'S PROPRIETARY COMMUNICATION APP (APPLICATION/ SITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) CALLED Fixline, WHICH ENABLES END-USERS TO RECEIVE CALLS BY SHARING THEIR FIXLINE CALL LINKS.
THE FIXLINE PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE, AND/OR ANY OTHER SMART DEVICE USED (“DEVICE”); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE.
PLEASE CAREFULLY READ THESE TERMS BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING, OR USING THE FIXLINE PLATFORM.
By installing, subscribing to, accessing, or using the FIXLINE Platform, You agree to these Terms. If You do not agree to these Terms, you may please uninstall the FIXLINE Platform.
These Terms incorporate by reference FIXLINE Content Guidelines (“Content Guidelines”) as set out by the company. By using the FIXLINE Platform, You agree to be bound by the Guidelines.
You affirm that You are 13 years of age or above, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The FIXLINE Platform is not intended for people under 13. If You are under 13 years of age, then please do not use the FIXLINE Platform.
These Terms apply to all users of the FIXLINE Platform, including users who view and access the app or website and also users using FIXLINE calls through website to call any other user of the FIXLINE platform.
You agree and acknowledge that:
You are responsible for providing, at Your own expense, all equipment, and resources necessary to use the FIXLINE Platform and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of your data and Your use of the FIXLINE Platform may be affected, interrupted, or disrupted for reasons beyond Company's reasonable control. Any message or information You send using the FIXLINE Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
REGISTRATION DATA AND PRIVACY
In order to access certain services or features on the FIXLINE Platform, You are required to use an account. You will not use another user's account without permission. You may obtain your account, only by completing Our online registration form. The online registration form requests certain information and data (including without limitation email/phone number, name, etc.) ("Registration Data"). You are required to maintain and update Your Registration Data. By registering, You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by You is identified as inaccurate/false, We have all the rights to delete Your account and block all activities carried on the Fixline Platform.
Users may voluntarily verify their accounts at the time of registration and re-logging-in to their accounts. To clarify you can at any time by logging out and re-logging-in to your account.
Further, We do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the FIXLINE Platform. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password, if any, secure. You must notify Company immediately of any breach of security or unauthorized use of Your account. You may not use Your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the FIXLINE Platform may be available to You or other authorized users of the FIXLINE Platform. You shall not interfere with anyone else's use and enjoyment of the FIXLINE Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
If You are participating in any gaming, talent hunt, or other contests on the FIXLINE Platform, Your participation will be subject to the contest-specific terms as we will notify You about from time to time. We may ask you to provide additional data and information for the purposes of communicating regarding the contests and disbursing rewards (including without limit postal address, PAN, and bank account details for disbursing rewards) and may also share the same with Our rewards/logistics partners limited to the specific purpose
To the extent You are permitted to use the FIXLINE Platform to publish/ market/sell any of Your or third-party products, We reserve the right to take down or remove any Content or Materials at Our discretion without any liability whatsoever and You are solely responsible for ensuring that the product meets FIXLINE guidelines.
LICENSE AND CONTENT RESTRICTIONS
Except as expressly set out in these Terms, You agree:
not to copy the FIXLINE Platform (including its specific design, user interface) except where such copying is incidental to normal use of FIXLINE Platform, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the FIXLINE Platform;
not to make alterations to, or modifications of, the whole or any part of FIXLINE Platform, or permit the FIXLINE Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the FIXLINE Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of FIXLINE Platform with another software program, and provided that the information obtained by You during such activities:
is used only for the purpose of achieving inter-operability of FIXLINE Platform with another software program;
is not disclosed or communicated without Our prior written consent to any third party;
is not used to create any software that is substantially similar to the FIXLINE Platform.
not to provide or otherwise make available the FIXLINE Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
to comply with all technology control or export laws and regulations that apply to the technologies used or supported by FIXLINE Platform in Your use of the FIXLINE Platform.
to not use the FIXLINE Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into FIXLINE Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of FIXLINE Platform;
to not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of FIXLINE Platform or any service associated (to the extent that such use is not licensed by these Terms);
not use the FIXLINE Platform in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
not collect or harvest any information or data obtained from any FIXLINE Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the FIXLINE Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
Company reserves the right to allow the usage, publication, and distribution of Your Content on other partner platforms subject to the Content meeting the content guidelines and/ or technical specifications of such other partner platforms.
TRADEMARKS AND COPYRIGHTS
Company, the Company logo and other Company trademarks, service marks, graphics, and logos used in connection with the FIXLINE Platform are trademarks or registered trademarks of Company and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the FIXLINE Platform and/or to the extent stipulated herein, the Content is the copyright of Company and/or its licensors and Content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
LIMITED WARRANTY AND DISCLAIMER
Any implied warranties including those prescribed by statute are expressly disclaimed.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIXLINE PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. COMPANY, COMPANY'S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY, COMPANY'S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FIXLINE PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE FIXLINE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FIXLINE PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE FIXLINE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY, ITS AFFILIATES COMPANY'S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
FIXLINE IS AN INTERMEDIARY PLATFORM IN ACCORDANCE WITH THE INFOTECH LAWS. WE ALLOW USERS TO ACESS AND USE CONTENT AND CONTRIBUTE MATERIALS, WHILE EXERCISING DILIGENCE TO THE EXTENT REUQIRED UNDER THE APPLICABLE INFOTECH LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, INFORMATION IN CONNECTION WITH THIS FIXLINE PLATFORM OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS FIXLINE PLATFORM, AS IT IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FIXLINE PLATFORM, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S, ITS AFFILIATES' AND/OR ITS LICENSORS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO FIVE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Nothing in these Terms shall limit or exclude Our liability for:
death or personal injury resulting from Our gross negligence;
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by applicable laws.
These Terms will terminate automatically if You fail to or Company suspects that You have failed to comply with its terms and conditions. In such event, Your FIXLINE Platform may be disabled and You must cease using the FIXLINE Platform, the Content and other Materials comprising the FIXLINE Platform. Company reserves the right, without liability, to change, suspend, remove, disable or terminate access to the FIXLINE Platform, Content and other Materials comprising the FIXLINE Platform or certain areas or features of the FIXLINE Platform, at any time for any reason (including without limitation to protect Our interests, on account of investigation for a suspected violation of these Terms or as a result of Us finding that a violation of these Terms has occurred), with or without notice. Company further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the FIXLINE Platform, the Content and Materials comprising the FIXLINE platform and/or its features, or any part thereof, without prior notice provided however that Company will comply with all applicable privacy laws in implementing such changes.
You hereby agree to defend, indemnify and hold harmless Company, its Affiliates, licensors, third party partners, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the FIXLINE Platform, Content and any Materials comprising the FIXLINE Platform; (ii) Your Materials contributed to the FIXLINE Platform (iii) Your violation of any term of these Terms; (iv) Your violation of any terms and conditions, policies etc. accepted by You; and (v) Your violation of any third party rights.
This defense and indemnification obligation will survive these Terms and Your use of the FIXLINE Platform.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including pandemics, epidemics, war, strikes, industrial action, lock outs, government lockdowns/ shutdowns, accidents, fire, blockade, terrorism or threat of terrorism, natural catastrophes, failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; (b) We will use Our reasonable endeavors to find a solution by which Our obligations under these Terms may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, these Terms, its subject matter and its formation, are governed by Indian law. You and We both agree that the competent courts of India will have non-exclusive jurisdiction.
CONTACT INFORMATION AND COMMUNICATION UNDER INFOTECH LAWS
Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the FIXLINE Platform, You may write to us at firstname.lastname@example.org
Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at email@example.com
Reporting Objectionable Content to Grievance Officer: If you see something objectionable, offensive, or adversely affects you or your community, you can report it to our Grievance Officer at firstname.lastname@example.org with the relevant details of your complaint/ concern. Please keep in mind that mere reporting to the Company doesn't guarantee that certain content will be removed from the FIXLINE Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.
Physical contact address to receive communications under the Infotech Laws: Close App Private Limited., with its registered office at "H. No 429A/12, Street No 12, Near Geeta bhawan, Krishna Colony, Gurgaon"
Contact details for communications and compliance pursuant to the Infotech Laws
Chief Compliance Officer: for ensuring compliance with Infotech Laws Email: email@example.com
Nodal Contact Officer: for 24x7 coordination with law enforcement agencies and officers to ensure compliance to their orders or requisitions made in accordance with applicable law: firstname.lastname@example.org
Government communications and court orders: Pursuant to the Infotech Laws, orders by a court of competent jurisdiction or appropriate Government or its agency for takedown or any other purposes should be addressed for compliance to the Nodal Contact Officer with a copy to the Grievance Officer (contact details above) and Chief Compliance Officer.
REPORTING TO THE GRIEVANCE OFFICER
If you see something objectionable, offensive, or adversely affects you or your community, you can report it to us at email@example.com with the relevant details of your complaint/concern or you can contact to our Grievance Officer Harsh Chhabra at +91-9999810406.
Please keep in mind that mere reporting to the Company doesn't guarantee that certain content will be removed from the FIXLINE Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.