TERMS OF USE

Please read these Terms of Use (hereinafter referred to as “Terms”) carefully before beginning to access, use or avail the domain https://flexifunnels.com (hereinafter referred to as the “Website”), which is owned, managed and operated by Misfits Change Makers Private Limited (hereinafter referred to as “FlexiFunnels”, “Us” or “We”), having its place of business at Dehradun, Uttarakhand, India. These Terms of Use, the existence of which is commonly known, and as available to you (hereinafter referred to as “You”, “Your” or “User”) on the Website, along with any modifications and/or amendments, constitutes a binding contract between You and FlexiFunnels. These Terms of Use along with the Privacy Policy, applicable laws and regulations govern Your access and use of the Website irrespective of the nature of Your access as either a “Visitor” (which shall mean any person or authorised person who accesses the Website without submitting the qualifying details required as a Member) or as a “Member” (which shall mean any person or authorised person who completes the formalities of registration as a member and submits the qualifying details required as a member, and any sub user to whom access to the Website is shared by such Member), or as any person who has purchased any goods, services, courses, content, or any other products or services offered by FlexiFunnels via the Website, telephone, e-mail, or any other mode accepted by FlexiFunnels, and has made such purchase via cash, cheque, Unified Payment Interface (“UPI”), bank transfer, phone call, event ticket, third-party e-wallets, gift vouchers, coupons, or any other mode of payment accepted by FlexiFunnels.

You understand that failure to completely and thoroughly read, comprehend and/or evaluate these Terms shall not constitute a valid excuse for failing to comply with any of the obligations and/or conditions laid out in the subsequent clauses of these Terms. You warrant that it shall be Your sole responsibility to keep yourself updated as to the latest modifications or amendments to these Terms, and Our duty shall be limited to making modifications or amendments to these Terms available on the Website.

You further understand, consent and warrant that continued access and use of the Website, and continued operation of Your webpage created via FlexiFunnels’ Website hereinafter referred to as “Your Webpage”) shall exhibit your understanding of these Terms and shall constitute valid consent to be bound by these Terms. Should You not agree with these Terms, or lack the required authority as prescribed by law to access and use the Website on behalf of another individual or legal entity, You are required to cease all access and use of the Website, and We shall not be liable for any damage caused to You by such access and use of the Website, and further, You shall be liable, for both compensatory and punitive damages, to Us for any injury caused to Us by Your unauthorized and/or unlicensed use of the Website Application.

Website Services and License

FlexiFunnels, through the Website, offers services whereby Users may create websites, by employing a simple drag-and-drop method, from scratch, or by using pre-set templates, images, texts, shapes, icons, artwork, graphics, widgets, designs, animations, interfaces, documentation and derivatives therein provided by FlexiFunnels. FlexiFunnels also provides website hosting services, through which all websites created via the Website are hosted by FlexiFunnels itself.

FlexiFunnels also provides online sales funnel management services for Users who create their websites using the Website, which includes additional services such as Advanced Funnel Logic services, Reporting Dashboards, and other allied services.
Upon Your purchase of a subscription to FlexiFunnels’ services through the Website, FlexiFunnels provides You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the services provided through the Website (hereinafter referred to as “License”). This License shall subsist as long as You continue to make the subscription payments to maintain the validity of Your Webpage as per the payment schedules detailed on the Website.

Competency to Contract

Access and/or use of the Website is limited to persons who are legally competent to contract with Us under the Indian Contract Act of 1872. If you have not attained the age of 18 years, then continued use of the Website shall constitute a binding contract between Your parent/legal guardian and Us. However, We reserve the right to terminate access/use of the Website, delete or retain any information provided to us, and/or prohibit further access/use of the Website.

Registration

You may choose to access and/or use the Website as a Visitor. This shall entail a limited provision of the full services generally offered on the Website, to which you consent to. However, you may also choose to pre-register Yourself on the Website as a “Member” in order to avail the full services generally offered on the Website. This shall require you to enter details including, but not limited to, your first and last name, your business email address, your contact number, company name, country, state, city and any other information required by FlexiFunnels.

You warrant that You bear the sole responsibility for maintaining the confidentiality of Your account details and restricting access to Your account in order to prohibit unauthorised use of Your account. You further agree that in the event that Your account details have been made known to any unauthorised person, You will forthwith communicate the same to Us so that We may take action to restrict any unauthorised use. You warrant that all information provided for pre-registration is true and accurate.

Free Trial, Payment Terms, and Cancellation

In the event that We offer a Free-Trial of the FlexiFunnels Website and services, such Free-Trial shall commence from the date of Your Registration, and shall be valid and subsist until the end of the Free-Trial period as mentioned on the Website at the time of Registration. The Free-Trial period can only be availed by new customers of FlexiFunnels, and cannot be availed by returning customers, or those who have already availed of the Free-Trial period.

After the expiry of the Free-Trial period, You shall be charged with the membership fee, as per the specific membership plan selected by You at the time of Registration. We will send you communication via e-mail seven (7) days prior to the expiry of Your Free-Trial period. In case You wish to discontinue using the FlexiFunnels Website after the Free-Trial period, You are required to send a cancellation request via the live chat option in the website at least twenty-four (24) hours prior to the expiry of the Free-Trial period. If You do not contact us at least 24 hours prior to the expiry of Your Free-Trial period, You will be charged for the FlexiFunnels membership subscription fee as mentioned, via the mode of payment selected by You, at the time of Your Registration. FlexiFunnels hereby retains all rights to modify, change, or alter the monthly subscription fees at its sole discretion. Any change made to the monthly subscription fee after Your Registration shall be notified to You via e-mail, and You may choose to cancel Your subscription after such change is proposed.

You hereby acknowledge that You are responsible for making all requisite payments towards Your FlexiFunnels monthly or annual subscription fee in accordance with these Terms, in order to keep Your Webpage valid and subsisting on Our servers. You are required to pay the first monthly subscription fee prior to Your first month of accessing the Website subsequent to the Free-trial period, if any. Such payment of the first month’s subscription fee is a precondition to Your access to the Website after the expiry of the Free-Trial period, if any.

You understand that if You have provided us with a valid mode of payment and accurate payment credentials at the time of Your Registration, We shall automatically process payment towards Your monthly or annual subscription on the date of billing as mentioned at the time of Your Registration.

We hereby reserve Our right to terminate the services as well as the Account and Webpage of any User who fails to make the requisite payment to FlexiFunnels, as per their respective monthly or annual subscription plan. Termination of services herein does not, in any way, excuse such User from payments due for services already rendered by FlexiFunnels, and does not, in any way, waive FlexiFunnels’ right to receive such amounts from such defaulting User by any legal means.

For cancellations of monthly subscriptions, You are required to provide Us with ten (10) days’ notice of cancellation by email. If such notice is provided less than ten (10) days preceding the first day of Your next subscription month, You may still be charged.

In the case of cancellation of annual subscriptions, You must provide us with at least ten (10) days’ notice of cancellation by email. If You provide such notification less than ten (10) days before the first day of your next subscription year, You may still be charged.

In the event that You cancel Your annual subscription before the end of Your annual term, You will not be entitled to any pro-rated refund for the remainder of Your initial subscription term. However, we may offer You credit or discounts for other services or products offered by FlexiFunnels.

Payment

In the event that You purchase any product, or order any service offered by FlexiFunnels on the Website, such purchase or order shall not be accepted until payment is received for the same from Your end. No electronic or other confirmation received at the time of placing such order shall constitute a valid acceptance of the purchase/order on Our behalf.

Flexifunnels may, at its own sole discretion, without notice to You, discontinue, modify the specifications, or alter the pricing of any of the products or services offered through the Website, without incurring any obligation towards You.

All goods and services offered by FlexiFunnels on the Website are subject to availability, and FlexiFunnels is in no way liable to You for any such unavailability of goods or services. We shall notify You of such unavailability, and may suggest alternative goods and services. If the availability of any goods or service is delayed, and you do not intend to substitute the product or service, we will cancel your purchase and reimburse your payment in full for that specific transaction, if previously charged.
The User also agrees to the collection of financial information of both the User as well as the User’s clients by the payment gateway. The Website does not store any financial information apart from necessary financial information to transfer client payments to You.

FlexiFunnels has the right to amend its pricing policy from time to time. FlexiFunnels shall give you reasonable notice as to any changes in its pricing policy when the same arises. You herein agree and consent to the levy of 1% payment processing fee by FlexiFunnels on any products or services purchased by Your client through Your website. You further agree to any processing or other charges levied by the payment gateway for processing the purchase transaction, over and above the processing fee levied by FlexiFunnels. FlexiFunnels shall not be liable for any amounts due from You to the payment gateway. Further, in case of refunds, FlexiFunnels shall not be liable to refund the processing fee levied by the payment gateway, to Your client, and You shall bear the sole responsibility for initiating refunds and compensating Your client.

FlexiFunnels shall endeavour to provide a smooth payment process as is reasonably foreseeable. However, in case of glitches, unstable network connections, server latency, or any other factor that may impede a purchase transaction, before, during or after the processing of a purchase transaction, FlexiFunnels shall not be liable for any loss, damage, duplicate charge or any other additional amount resulting from such errors.

You understand and undertake that the failure by You to make use of, or completely avail of, any products or services bought or subscribed to by You via the Website, does not excuse You from making timely payments, or relieve You of any payment obligations that are otherwise applicable and binding upon You.

In the event that You fail to make the requisite payments to FlexiFunnels, as per the timelines mentioned on the Website, You will cease to have access to any such product or service, for which timely payment has not been made by You. Furthermore, upon failure to make requisite payments, Your Webpage and all the content, information, funnels, and any other data collected or uploaded thereon, shall be removed from Our servers, after fourteen (14) days of such non-payment. In case of such removal, FlexiFunnels shall in no way be liable to visitors/subscribers/users of Your Webpage, for the unavailability of any such content, course, seminar, or webpage.

Transactions on Your Webpage

In the event that You wish to conduct transactions for the sale of goods or provisions through Your website created via the Website, You hereby undertake to integrate Your preferred payment gateway into Your website. You further undertake to make Yourself aware of the payment gateways that are already integrated into the Website, and to only integrate those payment gateways into Your website. Further, it is Your sole responsibility to ensure that all documentation required by such payment gateway, including but not limited to terms and conditions, privacy policies, cookie policies, refund policies, and any other documentation is duly furnished at the time of integration with such payment gateway. You undertake that compliance with all tax regulations, and payment of all taxes applicable to You and Your business, arising out of transactions conducted through Your webpage, are Your sole responsibility, and FlexiFunnels shall not be liable for any such tax liabilities.

Shipping Fees and Refund of Hard Goods

In the event that You purchase any physical product (“Hard Good”) offered for sale by FlexiFunnels on the Website, We may charge an additional fee for shipping and handling to Your order. We may provide delivery deadlines and timelines for the fulfillment of Your order, and We shall take all reasonable measures to have Your orders fulfilled within these delivery deadlines/timelines. In the event that Your order is delayed, we shall notify You of the same via the e-mail address provided at the time of Registration on the Website. FlexiFunnels shall not be liable for any loss, damage, or injury caused as a result of a delay in the fulfilment of Your order, so long as such delay was caused by reasons completely beyond FlexiFunnels’ control, or by third-party delivery services or carriers not owned or operated by Us.

In the event that You have purchased a Hard Good, such as a book, educational material, DVDs, or any other tangible product offered by FlexiFunnels via the Website, You may avail a limited refund, so long as the following conditions are satisfied:

  • You must submit a refund request in writing to support@flexifunnels.com

  • Such refund request must be made within thirty (30) days from Your purchase.

  • You must return the hard goods to Us immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

  • The goods so returned must be in a resellable condition, or a “like-new” condition, as determined by FlexiFunnels in its own sole discretion.
Course Hosting

On Your Webpage, You may host online courses, seminars, web-based educational series, or any other such content which may be made available to Your Webpage’s visitors on a subscription basis, or any other mode of payment.

You hereby undertake that any content/online course/content/series uploaded onto Your Webpage shall not, in any way, manner, or form, infringe upon the intellectual property rights of any other person. You hereby warrant that You are the sole owner of, or have been duly licensed to display, any such content courses, or series, made available on Your Webpage.

Other Products and Services on the Website

FlexiFunnels offers a variety of products, services, seminars, instructional and educational content, and a host of other offerings on the Website. We hereby reserve the right to modify the prices or specifications of such products or services at any time, at Our sole discretion. The sale of all products and services currently offered by FlexiFunnels on the Website, as well as products and services which will be offered for sale on the Website in the future, shall be subject to these Terms.

At the time of Registration on the Website, You may also receive access to the online course “Timeline Domination”, plus multiple other learning materials, the details of which are present on the Website, and which are provided at the time of Registration. You hereby agree not to communicate such teachings, learning materials, or other proprietary information acquired through the “Timeline Domination” series to any other person.

FlexiFunnels may organise, or make available on the Website, information about certain training programs, courses, or other events. Tickets or passes sold by FlexiFunnnels via the Website to such programs, courses, and events, shall not include travel, lodging, and other associated expenses, and FlexiFunnels shall, in no way, be liable to reimburse or otherwise pay such amounts to You.

Privacy Policy

FlexiFunnels may collect any information resulting from Your access and/or use of the Website for the purpose of evaluating efficiency, comfort or otherwise of the Website, or for any other reasonable purpose. You understand and agree that the collection, storage, archiving, use or analysis of such information shall be governed by the Privacy Policy. The Privacy Policy can be accessed here.

You hereby unconditionally undertake to prepare and provide Your own privacy policy for any website created by You through the Website, failing which, your access to the Website and services therein may be restricted.

Collection of Data

You understand and consent that FlexiFunnels may collect, monitor or track Your cookies, mouseclicks, page views and any other interactions made with the Website, and also the cookies, mouseclicks, page views, and other interactions of users of Your created website, for the purposes of enhancing customer experience, smooth flow of interactions, reduction of data traffic, or any other reasonable purpose.

Electronic Communications Guidelines

In the event that You are contacting users or visitors of Your Webpage through electronic communications, You are required to adhere to the following guidelines, failing which Your account and Your Webpage may be terminated at Our sole discretion:

  • Ensure that users of Your Webpage, who may be targeted by such electronic communications have an option to ‘opt-out of’ or ‘unsubscribe’ from receiving such communications, unless such communications are required to be made by law

  • Ensure that while undertaking electronic marketing campaigns, or otherwise communicating with current or prospective users of Your webpage, You only employ permission-based electronic communication systems, through which such electronic communications are only sent to those users who have voluntarily opted-in to receive said communications.
  • Ensure that all requests to opt-out of or unsubscribe from receiving electronic communications are processed and complied with, within 14 days of receiving such request. In the event that any applicable law prescribes a deadline to comply with such request, such prescribed deadline shall supercede the deadline mentioned within this clause.

  • Ensure that You do not disguise, alter, or otherwise manipulate the content, origin, subject matter, subject line, transmission path, or any other component of any electronic communication.

  • Maintain a valid privacy policy for Your Webpage which conforms to all applicable laws and regulations, and ensure that all electronic communications adhere to such privacy policy, even if the electronic communications are dispatched on Your behalf by any third-party entity. You must also provide a link to Your updated and current privacy policy, as well as a physical mailing address, in all electronic communications sent by You to users or visitors of Your Webpage.

  • Do not engage in sending electronic communications to addresses obtained from lists purchased or otherwise obtained for consideration from third-party entities, to non-specific addresses, or to e-mail addresses generated or scraped from the internet.

  • Ensure that no communications are sent to users of Your Webpage for purposes of spamming, for sending junk mail (including but not limited to gambling, penny stocks, multi-level marketing, illicit pharmaceutical sales, payday loans, etc.) for obtaining personal information to be sent to third parties, or to encourage recipients thereof to forward such communications to unknown third-parties (such as chain letters).

  • Ensure that the practices adopted by You in sending electronic communications do not cause harm to Us, Our Services, or other visitors of the Website and users of Our Services.

Access to Website

FlexiFunnels warrants that it shall employ its best efforts to ensure the continued access of the Website to You. However, access to the Website may be temporarily suspended owing to extraneous causes, downtimes, site maintenances, or for the introduction of additional features.

Content of the Website

All information available on the Website (including but not limited to copyrighted materials, trademarks or any other proprietary information) shall not be copied, reproduced, duplicated, sold or otherwise commercially exploited or used for non-commercial purposes without the express consent of FlexiFunnels. All text, data, code, logos, designs, user interfaces, visual interfaces, marks, artworks, images, graphics available on the Website are the exclusive property of FlexiFunnels and You are refrained from committing any of the acts stipulated above, or variations of the same that would otherwise result in injury to FlexiFunnels.

Prohibited Uses of the Website

You agree, undertake and confirm that You shall:

  • Use the Website only through authorised channels using Your account credentials.
  • Use only the content made available by the Website except where You are allowed to input Your content.
  • Use only Your original content free from any intellectual property claims and/or proceedings, and otherwise ensure that the content made available on Your webpage is free from any encumbrances, is duly authorised/licensed/permitted to be used by You, and does not infringe upon any intellectual property rights of any third parties.
  • Act in a manner that is in consonance with the development of the Website.
  • Ensure that the performance of Your services on Your webpage meets the highest standard of performance so as to not reflect poorly on FlexiFunnels or the Website.
  • Use the Website and the FlexiFunnels software only for Yourself and Your business, company or organisation.
  • Not allow any third-parties to avail of Your FlexiFunnels subscription to create webpages or funnels for their own separate business, company, or organisation, that is in no way related to You, or in other words, engage in “Group Buying” of Licenses.
  • Not introduce any virus, ransomware, worm, spyware or similar programs that might impair, burden, disrupt or otherwise tamper with the normal performance or functioning of the Website.
  • Not employ scraping, robots, spiders or any other data mining technology to gain access, monitor, or extract commercial information hosted on the Website or stored on the server of the Website.
  • Not copy, modify, alter, delete or otherwise adversely affect the content displayed on the Website.
  • Not use the Website for the purpose of sending spam, or unsolicited communications, and only send electronic communications in accordance with the Electronic Communications Guidelines as detailed in these Terms.
  • Not use Your Webpage for the sale of any illegal, unlawful, or restricted goods, or for any other illegal or unlawful purposes, including multi-level marketing and other marketing activities prohibited under the applicable laws and regulations.
  • Not use the Website or any information contained on it for any unlawful, fraudulent, harmful or illegal purposes or in contravention to applicable data protection regulations.
  • Not incorporate or upload onto any third-party website, or otherwise sell or transfer to any third-party entity, any sensitive information collected via Your Webpage, including but not limited to names, contact information, financial information, or any other personally identifiable information of any user of Your Webpage, without the express consent of such user.
  • Not directly or indirectly alter, remove or attempt to alter or remove any trademark, copyright or other proprietary or legal notices appearing on the Website or on any contents appearing on the Website.
  • Not copy, screen-grab, screenshot, or otherwise copy any content made available by Us on the Website, unless specifically permitted by Us.
  • Not frame, mirror, or otherwise make any part of the Website visible or accessible on any other URL not duly authorised by Us.
  • Not deliberately impersonate another person, whether real or fictional or otherwise misrepresent Your affiliation with a person or entity.
  • Not share any explicit, obscene, pornographic, hateful, hurtful, defamatory, libellous, discriminatory, or otherwise offensive content, material or communications on the Website or Your Webpage.
  • Not circumvent any security or authentication measures employed on the Website. You shall not trace or seek to trace any information about any other user of the Website.
  • Not share proprietary information as to the technical or administrative mechanisms employed by FlexiFunnels in the smooth functioning of the Website.
  • Not sell or resell access to the Website and the products and Services therein for a lesser amount, than paid to FlexiFunnels for such products or Services.

In the event that you fail to comply with any of the conditions listed hereinabove, or are otherwise, in Our sole discretion, suspected to be in breach of any provision of these Terms, or of any applicable law or regulation, either in connection with Your usage of the Website and Services or otherwise, We reserve the right to terminate Your access to the Website, or any product or service, without prior notice to You.

Funnel Sharing

FlexiFunnels, through the Website, provides “Funnel Sharing” services, whereby You may import webpage layouts from other FlexiFunnels Users’ webpages, or through the webpages of other third-party funnel management service providers.
FlexiFunnels does not in any way endorse the usage of the Funnel Sharing services to copy and/or reproduce content uploaded on such shared webpage, which infringes upon the intellectual property of any third-party.

Images and other content that are subject to copyright may not be used in a shared funnel downloaded outside of FlexiFunnels, or used within any other FlexiFunnels account.

You hereby undertake that You shall be solely liable for any damages, injuries, infringements, or other claims arising from unauthorised copying of proprietary/copyrighted content via FlexiFunnels’ Funnel Sharing services.

Data Provided to You

Upon Your registration and usage of the Website, We may provide to You certain information, statistics, and data relating to Your Webpage such as traffic on Your Webpage, online behaviour of users of Your Webpage, details of purchases made and purchases considered by users on Your Webpage, and other information collected upon usage of Your Webpage by any person. You understand that usage of such statistics, data, and information, is solely to Your risk and liability under the applicable data protection laws and regulations, and FlexiFunnels hereby disclaims any liability for any damages that may arise out of Your use of any such information.

Electronic Communications

All communications made between Us and You shall be made through displays on the Website, and it shall be Your duty to avail yourself to such communications made through the Website. You agree that all postings, notices, disclosures, or other communications that We provide to You electronically shall satisfy any legal requirements that such communications be in writing.

Representations and Warranties

We represent and warrant that the products, services and information on the Website are provided “as is" and FlexiFunnels and its officers, directors, employees, and agents makes no and hereby disclaims any express or implied warranties, including, but not limited to, Your expectations of the FlexiFunnels software, information, material, products, or services offered on the Website, or the implied warranties of performance, accuracy, non-infringement of particular purpose and fitness for a particular purpose thereof. In no event shall FlexiFunnels be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Website.

You agree that Your use of the Website shall be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with Your use of the Website.

We make no representations or guarantees and disclaim that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any information or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via the Website.

We do not warrant, endorse, guarantee, or assume responsibility for any information or products advertised or offered by a third party through any hyperlinked services or featured in any banner or other advertisements, and We will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. You should use Your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website.

FlexiFunnels hereby reserves the sole and exclusive right to limit or restrtict access to the Website, and further reserves the right to refuse sale of any products or services to any person, jurisdiction, or geographical region, at FlexiFunnels’ own discretion.

Your Representations and Warranties

You hereby represent and warrant that:

  • You have completely read and understood these Terms prior to using/accessing the Website and the products and services thereon;

  • You are the sole owner of, or You have been duly authorised by, the business, company, or organisation, on behalf of which You are using the Website and services.

  • The information provided by You at the time of accessing/registering onto the Website are true and accurate, and that FlexiFunnels may rely on such information for the purposes of contacting You, Your business, or any of Your sub-accounts, by any means (physical, digital, electronic, telephone, or mail) for feedback, follow-ups, surveys, and for any other inquiries in relation to Your activities on the Website, Your purchases, Your placed orders, orders You considered placing, or any other actions performed by You via the Website.

  • There are no ongoing governmental inquiries, investigations by governmental authorities, or other criminal investigations against You or Your business, anywhere across the world.
Intellectual Property

All right, title and interest including all intellectual property rights in the Website and its contents including without limitation, texts, logos, designs, images, formats, documents, video, links, graphics and all other materials published on this Website (hereinafter collectively referred to as “Contents”) are the sole and exclusive property of FlexiFunnels. The License granted under these Terms does not grant you any ownership rights over the FlexiFunnels software, or any of the intellectual property provided by FlexiFunnels through the Website and the services provided therein.

You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or the Contents or any parts thereof in any manner, without the prior written permission of FlexiFunnels.

You shall remain the sole owner of any intellectual property individually developed by you, including any texts, logos, designs, images, formats, documents, video, links, graphics and any related materials. However, You grant FlexiFunnels the permission to access, upload, copy and make backups of Your content so as to perform any technical maintenance or repairs, or to perform any other required services. You also provide a non-exclusive, royalty free, transferable, sub-licensable, worldwide license to FlexiFunnels to use Your webpage as well as any derivative works for the purpose of promotion and/or marketing of the services of FlexiFunnels and the Website.

Affiliate Program and Commissions

All websites created using the Website shall have an optional “Made with FlexiFunnels” button at the bottom of the webpage. In the event that any visitor (“Prospect”) of Your webpage clicks on such button, avails of the Free-Trial period, and then proceeds to purchase a monthly or annual subscription to FlexiFunnels’ Website and services, You shall be entitled to “Affiliate Commissions” for the same.

The Affiliate Commission shall amount to 20% of the sale amount. Once You earn Affiliate Commissions of Rs 5000, You may register with any payment gateway integrated into Our Website, to receive the Affiliate Commission payment. We may require You to furnish certain details (relating to payments, tax, and other similar concerns) at the time of claiming Affiliate Commissions, failing the provision of which, You shall not be entitled to such Affiliate Commissions.

Upon clicking of the “Made with FlexiFunnels” button, a lifetime cookie shall be installed on the user of Your website. This cookie ensures that You shall receive Your Affiliate Commissions even in the event that such user of Your website proceeds with purchasing the subscription to FlexiFunnels’ Website at a later point of time, granted such user of Your website has not cleared his/her browser cache or history.

Alternatively, You may become an independent FlexiFunnels Affiliate (“Affiliate”), wherein You may earn 40% commissions by selling FlexiFunnels accounts to third-parties. All affiliates must assent to, and at all times adhere to the FlexiFunnels Affiliate Agreement (“Affiliate Agreement”), which is provided at the time of Affiliate registration. Affiliates are independent contractors, and there does not exist any employer-employee, principal-agent, master-servant, or other relationship between FlexiFunnels and the Affiliate.

Testimonials and Reviews

FlexiFunnels may use, in whole or in part, any review, testimonial, critique, comment, or any other opinion expressed on any public platform (in the form of comments during the course of a FlexiFunnels webinar, posts on social media platforms, reviews on the internet etc.) by any User of FlexiFunnels’ Website, products, or services. Such review, testimonial, critique, comment, or opinion may also be used along with the name, city, and state of the person making such comment. FlexiFunnels may alter or modify any such review, testimonial, critique, comment, or opinion for grammatical errors, or may shorten the same for its convenience. FlexiFunnels is under no obligation to post, transmit, or otherwise display any feedback submitted by You on any platform.

Refund Policy

FlexiFunnels reserves the right to remove Your webpage from the Website pursuant to any legitimate claim received as to the content made available on Your webpage. FlexiFunnels shall reach a decision to remove Your webpage upon verifying the validity of such claim, and reserves the right to suspend Your webpage pending such decision. Any decision reached by FlexiFunnels shall be final and binding, and shall not be subject to review.

Claims may be entertained on the grounds that Your webpage contains content that is:

  • harmful, offensive, insensitive, inaccurate, falsely misrepresents, or otherwise damages the reputation of the Website
  • contrary to the applicable laws of India or the laws of any other jurisdiction to which You are subjected
  • deceives clients about the identity or activities of the User or misleads the clients about the origin of the materials posted on Your webpage
  • consists of any material that infringes the intellectual property, right of privacy or right of publicity of any other person, or otherwise purports to be under license from the owner when no license has been issued.
  • harasses or advocates the harassment of another person
  • promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous
  • offensive to an extent that would cause FlexiFunnels to lose the support of its suppliers and stakeholders
Services provided by FlexiFunnels are non-refundable, and You agree and consent to the same. FlexiFunnels provides that it will take all necessary steps to rectify any issues or errors that arise during Your use of the Website, upon notification of the same by You. If FlexiFunnels comes to the conclusion that the issue or error cannot be resolved and has arisen by FlexiFunnels’ sole fault, then FlexiFunnels may choose to refund the amount paid for the service purchased. All decisions in this regard by FlexiFunnels shall be final and binding, and shall not be subject to review.

Disclaimer of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable for (including but not limited to) any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use or inability to use the Website and any loss or damage arising out of or in relation to Acts of God or act of third party that is beyond our control.

In any event, FlexiFunnels shall not be liable to You or Your business exceeding an amount of three (3) times the payments made by You for availing of FlexiFunnels’ services/products for the month preceding the date in which the dispute arose, or Rs 28,000 whichever is lesser. Furthermore, in the event that FlexiFunnels incurs any costs in the collection of damages, vide any court order, judicial pronouncement, arbitral award, or any other means of adjudication against You, You shall be liable to pay all collection costs, including all legal fees and expenses therein.

We do not, in any way, guarantee, promise, or assure You of Your business’ success or profits. You hereby unconditionally agree and understand that FlexiFunnels merely provides a platform for Users to create and manage their online sales funnels. FlexiFunnels shall at no time be liable to provide You or Your business with commercial leads, potential customers, or other referrals in any form or manner. You understand that the success of each business is driven by a plethora of market conditions and risks, which may affect Your individual business at any point of time. FlexiFunnels further does not offer business, tax, legal, or financial advice. The software provided by FlexiFunnels merely collects and presents data relating to the usage of Your Webpage, and You may use such information at Your discretion.

Notices and Takedowns

In the event that You believe that any content, material, or data, uploaded or made available on the Website infringes upon Your rights under copyright law, You may initiate a takedown request against such content by writing to Us at support@flexifunnels.com.

You may also write to Us on the aforementioned e-mail address if a copyright takedown notice has been wrongly issued against You, or any content, material, or data made available on Your webpage. These Terms shall fully incorporate the provisions of the Copyright Act, 1957 available at: https://copyright.gov.in/documents/copyrightrules1957.pdf

Modifications

We reserve the right to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Website, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Website and will be effective immediately after such posting and thereafter automatically incorporated into these Terms. You hereby agree to be bound by all such additional terms and Your continuous use of the Website shall be deemed to be the acceptance of such terms.

Indemnity

You hereby agree to indemnify and hold harmless FlexiFunnels and its employees, directors, affiliates, associates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses including reasonable attorney’s fees arising directly or indirectly from Your breach of these Terms.

Compliance With Laws

As a User of the Website, You hereby unconditionally agree to comply with all laws, both Indian and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the Information Technology Act, 2000, and the rules made thereunder, European Union General Data Protection Regulation, U.K. Data Protection Act, and the California Consumer Privacy Act), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring that Your webpage complies with the above laws and regulations, and also to ensure the users of Your webpage do not contravene any of the above laws and regulations, or any comparative law or regulation in Your respective jurisdiction.

Governing Law and Jurisdiction

This Agreement shall be governed, interpreted and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at Dehradun, Uttarakhand, India. In the event of any dispute arising out of the interpretation of these Terms The Terms shall be construed and interpreted in accordance with FlexiFunnels’ understanding thereof, and any ambiguity in the interpretation of these Terms shall not be construed against FlexiFunnels.

Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be mutually appointed by the parties. However, if the Parties are unable to mutually appoint an arbitrator, such arbitrator shall be appointed by the competent court in Dehradun having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 (as amended from time to time) (“Arbitration Act”). The venue of the arbitration shall be Dehradun. The proceedings of the arbitration shall be in English. The parties hereby agree that the arbitrator’s award shall be binding on the parties. The arbitration proceedings shall be governed by the Arbitration Act. All costs of such arbitration shall be borne equally between the parties.

Electronic Communications and Signature

All communications made by Us to You shall be via the Website, or via an e-mail sent to the address provided by You at the time of Your Registration. You hereby agree that all such electronic communications made in the form of notices, disclosures, agreements, and any other communication provided electronically, shall have the same effect as if such communication was made and signed in person by the party making such communication.

Assignment

FlexiFunnels may, at any time, without prior notice to You, assign its rights under these Terms, to any third party. You may not, however, assign Your rights under these Terms to any other person, organisation, or entity, without express written consent from FlexiFunnels, or any entity duly assigned by FlexiFunnels.

Entire Agreement

These Terms, the Privacy Policy, and all other policies and guidelines posted on the Website by Us, constitute the “Entire Agreement” and understanding between FlexiFunnels and You, Your business, or the business, company, or organisation, that has duly authorised You. The Entire Agreement governs Your use of, and access to the Website, as well as the products and services offered thereon, and shall supercede/overrule any prior agreement, understanding, or representation made between You and FlexiFunnels or its representative in any mode, manner, or form.

Severability

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms of Use.
You acknowledge that You have read and understood this Agreement and You, out of Your free will, unconditionally accept to be bound by the same.

Contact Us

In case of any questions, queries, clarifications, or feedback relating to the Website, or any other products or services offered by FlexiFunnels, please feel free to contact Us via the Chat Bot facility available on the Website. You can also contact us via our support email help@flexifunnels.com.

Grievance Redressal Mechanism

In the event that You have a complaint, dispute, or concern with respect to the functioning of the Website, or the Services provided by Us, You may bring such issue to Our notice via the “Chat Bot” feature made available on Our Website.

Grievance Officer

In the event that Your concern, complaint, or dispute is not satisfactorily resolved via the Grievance Redressal Mechanisms mentioned above, any complaints, concerns, or abuse relating to the use of and access to the Platform, or the processing and disclosure of information provided by You, or any breach of these Terms, or any breach of any other applicable law, relating to the usage, access, and operation of the Platform or Services, should be immediately notified to the Grievance Officer designated below:

Name: Siddhant Saini
E-mail Id: grievance@flexifunnels.com
Address: 165-B, Lane No.5, South Vanasthali, Ballupur, Dehradun, Uttarakhand - 248001
Phone No.: +91-8696878666