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.

• 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.

• 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.
  
  

• 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.

• 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