This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Film Engineers OÜ, a company incorporated in Estonia having its registered office at Ahtri tn 12, 10151 Tallinn, Estonia, renders Service (as defined below) through its website available at https://filmengineers.com/ and mobile application "Portal Tracker" available on the Google Playstore/ IoS Appstore (collectively referred to as "Platform").
The Company requests the User (as defined below) to carefully go through these terms & conditions ("Terms of Service" or "Agreement" or "TOS" or "Terms") prior to accessing the Platform or availing Service via the Platform. If User continues to browse and use the Platform to avail Service, User irrevocably and unconditionally agrees to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which is read together with our privacy policy available at [●] ("Privacy Policy"); and any other applicable policies referred to herein or made available on the Platform (collectively referred as "Terms and Conditions"). The Terms and Conditions shall govern the Company's relationship with User in relation to the usage of the Platform and availing our Service. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICE.
Definitions
"Company," "we," "us," or our" means FilmEngineers O" and any other companies that are its subsidiaries and affiliates.
"Service(s)" means Service provided through the Platform, as described in further detail under clause 3 below. The Service provided through the Platform may change from time to time, at the sole discretion of the Company.
"User" or "You" shall mean any person or entity who is a visitor on the Platform or who shall avail Service via the Platform, or his/her representatives or affiliates who are registered on the Platform.
Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The Updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform, Service, Software, after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service made herein shall refer to the latest version of the Terms of Service.
Service(s) provided to Users
The Platform offers a wide array of Service that will facilitate Users in making, creating, producing and developing artistic content such as provision of:
We reserve the right at our sole discretion to modify, add, change, cancel, suspend or discontinue any or all of the above-mentioned Service, such action may be taken by us without prior notice to you.
Eligibility
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. By accessing the Platform or by accessing any of the Service or content on any other authorized device, it is deemed that the User has read and understood and accepted these Terms and Conditions.
If you will be using the Service (including Software) on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so.
Download
In order to avail our Service, you are required to download the Software from the Platform. This may be done by entering your name and email address. This email address shall be verified by us prior to the licensing of the Software. Upon successful verification, the email address would be licensed to the Software. The licensing of the Software, your rights and obligations in relation to the usage of the Software and the relationship between us and you in regard to the licensed Software shall be governed by the terms and conditions stated in the TOS.
Software Licensing Terms
Restriction on usage of User
Intellectual Property Rights in Software
Company retains all right, title and interest in the intellectual property of the Service (including Software), including all source code, formats, interfaces, information and data, content and Company's proprietary information and technology used by Company or provided to User in connection with the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or learned as a result of the User's use of the Service, and that Service is protected by intellectual property rights owned by or licensed to Company. Other than the limited permission to use the Software and Service as provided by Company as expressly set forth in this TOS, no other license or other proprietary rights in the Service are granted to the User and all such rights are hereby expressly reserved by Company.
Fees and Charges
The downloading of the Software is currently free of cost. However, the Company may at its sole discretion choose to charge a fee for the continued usage of the Software and/or any additional Service availed by you via the Platform. The Company reserves the right to cancel the "free of cost" download feature, the Company is under no obligation to provide notice to you in this regard.
Platform License
1. Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Service, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its affiliates, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.
Use of Your Information and Content and other content displayed on the Platform
1. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
2. We (may/may not) make use of third-party cloud Service providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User's data to be permanently deleted, irretrievable, or temporarily inaccessible.
3. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
Rules and Conduct
1. As a condition of use, you agree not to use the Service for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Service (including, without limitation) is provided only for your own personal and non-commercial use.
2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
3. Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
Alerts Provided by The Company
1. The Company provides you with multiple automatic alerts while providing Service.
2. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
By submitting suggestions or other feedback regarding our Service/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to such feedback confidential.
Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Service and to remove non-compliant information from the Platform.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
Modification
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Website (in whole, or in part) or any of its Service or Content (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Website or its Service, or any part thereof.
Support
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at info@filmengineers.com . The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User's disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
Termination
1. We have the right to temporarily suspend access to the whole or any part of the Platform and/or Service for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give You notice of any interruption of access to the Platform and/or Service. We may temporarily suspend access to the whole or any part of the Platform and/or Service for pre-scheduled maintenance.
2. We may terminate your usage of the Platform and/or Service at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform and/or Service. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform and/or Service under the same Email address. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
THE SERVICE ALONG WITH THE SOFWTARE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS Is' AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USER ACKNOWLEDGES THAT SOFTWARE AND SERVICE PROVIDED BY COMPANY IS NEVER WHOLLY FREE FROM DEFECTS, ERRORS AND BUGS; AND SUBJECT TO THE OTHER PROVISIONS OF THIS TOS, THE COMPANY GIVES NO WARRANTY OR REPRESENTATION THAT THE SOFTWARE WILL BE WHOLLY FREE FROM DEFECTS, ERRORS AND BUGS.
THE USER ACKNOWLEDGES THAT SOFTWARE IS NEVER ENTIRELY FREE FROM SECURITY VULNERABILITIES; AND SUBJECT TO THE OTHER PROVISIONS OF THIS TOS, THE COMPANY GIVES NO WARRANTY OR REPRESENTATION THAT THE TOS WILL BE ENTIRELY SECURE.
Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates'/subsidiaries/joint venture partners' employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, Software and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, COMPANYS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 1000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Service or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
Governing Law
This TOS shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Service, the Terms or any transactions entered into on or through the Platform or Service shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India and you hereby accede to and accept the jurisdiction of such courts.
Miscellaneous
1. The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Service and usage of Platform.
2. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
4. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
5. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
6. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention: Vivek Kandasamy
Email ID: vivek@filmengineers.com
Contact
If you have any questions regarding the Service or usage of the Platform/Software, please contact Company at info@filmengineers.com . Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.