Kick-Flow

PRIVACY POLICY

Welcome to www.kick-flow.com (the Website) brought to you by Kick-Flow a company incorporated in Gujarat, India. (Kick-Flow, We, Us, Our).

Please read the following terms and conditions (the terms and conditions) carefully before registering to use the website or before purchasing any of our services and/or applications offered for subscription from time to time on the website Kick-Flow services. The website, any services offered by Kick-Flow are referred to in these terms and conditions as the services.

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Kick-Flow and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

BY SIGNING UP FOR AND/OR ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FURTHER, YOU WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS; AND (iii) HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICES.

Our Privacy Policy is an essential part of these Terms and Conditions and by accepting these Terms and Conditions you also accept and consent to our Privacy Policy which can be accessed at Kick-Flow.

Kick-Flow is constantly innovating in order to provide the best possible experience for its users. We may from time to time vary the form and nature of the Services and which we provide and these Terms and Conditions. Examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements or the withdrawal of functionality or Services. Please check back here regularly to ensure that you are aware of the latest version of these Terms and Conditions. Your use of the Services will be subject to the version of the Terms and Conditions posted on the Website at the time of such use. You acknowledge and agree that these may change from time to time without prior notice to you. Changes to the form and nature of the Services will be effective with respect to all versions of the Services.

Kick-Flow offers its services on contract basis

Kick-Flow is designed for all businesses. We offer most services on a contract basis. If Kick-Flow finds that any specific Client abuses our model by sharing intellectual properties or is abusing our service or our representatives in any way, we reserve the right to cancel your contract.

Contacting Us

If you would like to get in touch with us or have a complaint about the Services or anything contained on the Website, please contact us using the following details:

Location: 3/4 Gordhanbhai, Narshibhai Ni Chali, Near Ranoli Railway Station, Ranoli, Vadodara, Gujarat – 391350, India
Email: info@kick-flow.com

Acceptance

These Terms and Conditions, and any other terms and policies referred to in these Terms and Conditions, (Terms) form the Agreement between Kick-Flow (referred to as “Kick-Flow”, “we” or “us”) and the user (referred to as “Customer” or “you”), collectively referred to as the Parties or each a Party.
Kick-Flow offers remote staff which is accessible at http://www.kick-flow.com.
The Customer wishes to use the Services.
If the processing of any of your users’ or employees’ data (“Company Personal Data”) is governed by the General Data Protection Regulation 2016/679 (“GDPR”), the additional terms in our Data Processing Schedule (“DPS”) apply. It is your responsibility to determine whether the GDPR applies to you. You must request the DPS from us if the GDPR applies to you, and we will supply you with the DPS.
You acknowledge and agree that in collecting, holding and processing Company Personal Data through the Services, we act as the data processor for the purposes of the GDPR. If the GDPR applies, the additional terms in the DPS also form part of these Terms and you must request and execute the DPS with us. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process Company Personal Data in accordance with these Terms and, if applicable, the DPS.
This Agreement sets out the terms upon which Kick-Flow has agreed to grant the Customer a right to use the Services. This Agreement is binding on any use of the Services and takes effect on the earliest of you:

when, upon clicking a box to create an account (“Account”), being presented with a link to this Agreement;
using the Services, (“Effective Date”).

By accessing and/or using the Services you:

warrant to us that you have reviewed this Agreement, including our Website Terms of Use (available on the Site) and our Privacy Policy (available on the Site), and you understand it;
warrant to us that you have the legal capacity to enter into a legally binding agreement with us;
agree to use the Services in accordance with this Agreement and
warrant that you have all hardware, software and services, which are necessary to access the Services.

Fees

In consideration for payment of the Fees, Kick-Flow grants to the Customer a non-exclusive, non-transferable (except as otherwise permitted under this Agreement), personal, revocable, contract to access and use the Staffing Services in accordance with Kick-Flow’ intended purpose for the Staffing Services (Contract).
The Customer agrees that the Contract:

commences from the Effective Date or the day the Customer is granted access to the Staffing Services by Kick-Flow, whichever occurs first; and
permits the Customer to use the Staffing Services in accordance with Staffing SaaS Services’ normal operating procedures

If the number of Staff is exceeded, Kick-Flow may charge a Fee for each Additional Staff as specified on the Site.
Kick-Flow Services which are subject to payment of a monthly fee(s) are identified on the Website. By selecting a fee-based Kick-Flow Services you commit to payment of the associated fee(s).
Fees are charged on a monthly basis for a monthly period from the date you first start for a Kick-Flow Services and for rolling monthly periods thereafter. We may in our sole discretion offer the option of an annual fee payable in advance which may attract a discount on our monthly fees. Any monthly payment which is not paid for when payment is due may lead to the Services being suspended by Kick-Flow.
Subscriptions for any Kick-Flow Services may be terminated by you through the Kick-Flow website. Any contract terminated will continue to be available to you for any period for which you have already paid the fee following notice of termination. No refunds fees will be made once a Kick-Flow Services has been made available to you to use unless the Kick-Flow Services is withdrawn by Kick-Flow other than as a result of any breach of these terms and conditions by you, in which case the maximum liability of Kick-Flow will be to refund a pro-rata part of the pre-paid fee representing the period during which the Kick-Flow Services is not available.
You are responsible for the management of your staff assigned to you.

Payments

The Customer must pay Kick-Flow:

the Fee(s); and
Kick-Flow accepts payment via a credit card. You further agree that, upon registering for the services through the Site, you authorize Kick-Flow to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Kick-Flow through information provided to you and as authorized through the sign-up and registration process. You represent and warrant to Kick-Flow that such payment information is accurate and that you are authorized to use the payment instrument. We use the Stripe payment processing method. More information can be found at www.stripe.com. Payments are subject to the Stripe Terms of Use (https://stripe.com/us/terms)and Privacy Policy (https://stripe.com/us/privacy).
Your credit card and payment details will not be held by us on our system and will only be available to our chosen payment processor. To find out more about how we collect, store and use your personal information, please see our Privacy Policy at http://www.kick-flow.com/privacy-policy.

Customer is responsible for reviewing the pricing schedule, features, and limits associated with its Plan available on the Site.
The Service Fee is billed in advance in accordance with the Customer’s applicable Plan cycle based on the number of Authorised Users in the month before the commencement of the next Plan billing cycle and is non-refundable, with any additional charges billed in arrears (at the end of the Plan cycle). Payments are due for any Plan cycle on the same date of the month, or the closest date of the month in that Plan cycle, to the day the Customer signed up for the Services and made its first payment.
We may contact Customer to warn Customer that it has exceeded the included features or other limits of its current Plan.
We may offer you a free or reduced priced plan for a trial period with limited features designed to allow you to evaluate the Service and make sure it is right for you before signing up for a Contract Any trial period can change at any time without notice. We have the right to terminate any trial accounts if it is found to be misusing our service.
For any upgrade or downgrade in contract, you will be immediately charged the new Fee.
We reserve the right to send delinquent Accounts to a collection agency if they are not paid within three months.
The Fees are subject to change upon notice from us to you and will apply to the next Plan billing cycle. Such notice may be provided at any time by posting the changes on our Site, via email, phone call or via a notification within the SaaS platform. If the Customer does not agree to the Fee change, it may terminate this Agreement.
If any payment has not been made in accordance with this Agreement, Kick-Flow may (at its absolute discretion):

immediately cease providing the Services, and recover as a debt due and immediately payable from the Customer its Additional Costs of doing so;
engage debt collection services and/or commence legal proceedings in relation to any such amounts; and/or report the Customer to any independent credit data agencies.

Should you cancel your subscription with Kick-Flow you will continue to have access to the Kick-Flow services through the end of your paid billing term. Kick-Flow may change its fees from time to time by posting the changes on the Site, but with no advance notice required for temporary promotions or reductions in fees.

Disclaimer

Due to limited availability, event allocations will be prioritized for existing clients who are adding additional staffing with us. Any remaining seats will be offered to newly signed clients and, if applicable, highly qualified prospects. We urge you to express your interest promptly by filling out the form on the provided respective event landing pages. Once submitted, our representative will reach out to you to collect the necessary information and evaluate your eligibility and priority level. Please note that event availability cannot be guaranteed to anyone and is subject to change at any time.

Access To And Use Of Our Website

The Customer acknowledges and agrees that this Agreement incorporates by reference the terms of any acceptable use policy as set out on Kick-Flow’ website or as provided to the Customer from time to time.

The Customer may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Kick-Flow’ Intellectual Property Rights in the Services. Without limiting the foregoing provisions, the Customer agrees and acknowledges that it must not and will not permit any person to:

resell, assign, transfer, distribute or provide others with access to the Services;
use any of the Services in any advertising, publicity or any other commercial manner without our prior written consent;
“frame”, “mirror” or serve any of the Services on any web server or other computer server over the Internet or any other network;
copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Services; or
alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification used on or in relation to the Services.

Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services at any time without notice and for any reason. If you breach any of these Terms and Conditions, your authorization to use the Services automatically and immediately terminates and you must immediately cease use of the Services and destroy any materials downloaded or printed from the Website or otherwise in connection with the provision of the Services.
You agree that Kick-Flow has no responsibility or liability for the deletion or failure to store any Customer Data, User Content and other content and communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up your Kick-Flow Data, and any Customer Data, User Content or other content. You are solely responsible for exporting your Customer Data data and User Content and other content from the Services prior to termination of your account for any reason.
Without limiting the foregoing, you agree that when using the Services you will not:

distribute via any medium any part of the Services without our prior written consent;
harass others or disclose personal information about others that could amount to harassment;
publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Services or any other computer;
impersonate others;
promote any activity that is illegal;
use software to harvest information from the Website; or
attempt to solicit funds, advertisers or sponsors through the Website.

Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

sending email/messages in violation of the CAN-SPAM Act or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining any web property (including Kick-Flow) to find email addresses or other user account information;
sending unauthorized mail via open, third-party servers;
sending emails to users who have requested to be removed from a mailing list;
selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

You agree to comply with all reasonable instructions that we may give you regarding your use of the Services.
You agree that you will protect the privacy and legal rights of any person whose personal data is accessed by any Kick-Flow Services (“End Users”) and all applicable laws and regulations relating to the processing of personal data and privacy. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with usernames, passwords, or other login information or personal information, you must make the users aware that the information may be available to your application and to Kick-Flow and will be held on third-party servers on behalf of Kick-Flow.
You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the Services. You are also responsible for ensuring that no person uses your equipment to access the Services without your permission. We will be entitled to assume that anyone who accesses the Services using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause 5.
While Kick-Flow accepts job requests and revisions, our output volume depends on numerous factors including the plan you selected, the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
We reserve the right, but have no obligation, to scan every user’s Account and set up for compliance with this Agreement and to protect against the Services being used for offensive, defamatory, racist, inaccurate, abusive, obscene, profane material, or threatening content.

Third Party Websites And Apps

The Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which you may access through this Website or any Services that are provided by any such third party websites. Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any services available on such sites. Links do not necessarily imply that we are or our Website is affiliated with or associated with such third-party sites. If you decide to visit any other website, you do so at your own risk. In addition, use of any other website may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.
Kick-Flow may make available through the Services additional applications offered by its third-party partners (“Third Party Services”). Your use of Third Party Services is subject to these Terms and to the applicable fees. The App Provider of each Third-Party Service is solely responsible for that Third Party Service, the content therein, and any claims that you or any other party may have relating to that Third Party Service or your use of that Third Party Service . You acknowledge that you are purchasing the license for each Third Party Service from Kick-Flow. Kick-Flow is not responsible for that Third Party Service, the content therein, or any claims that you or any other party may have relating to that Third Party Service or your use of that Third Party Service. You acknowledge and agree that Kick-Flow will have the right to enforce such license against you as a third party beneficiary thereof.
By subscribing to or purchasing a Third Party Service, you grant Kick-Flow permission to share your Kick-Flow Service, Customer Data, User Content, and user information with the Service Provider as necessary in order to provide you the Third Party Service.

Intellectual Property

A Party’s ownership of, or any right, title or interest in, any Intellectual Property Rights in an item which exists prior to the Effective Date (Pre-Existing Material) will not be altered, transferred or assigned by virtue of this Agreement.
You warrant that you own or have been given permission to use the Intellectual Property Rights in and to all Customer Data and User Content that you make available for the provision of the Services or you are otherwise entitled to make available the same for the provision of the Services. You hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use the Customer Data and User Content including all necessary Intellectual Property Rights therein in order to provide the Services including without limitation the right to manage, process, distribute and store any of your Customer Data or User Content as part of the Website or as part of any materials used to promote or advertise the Website or the Services anywhere in the world (provided that no Customer Data or User Content will be disclosed publicly unless it has been submitted by you to a public or shared area of any Kick-Flow Website. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause 7.2.
We have the right (but not the obligation) in our sole discretion to refuse or remove any content that is uploaded to the Service that we deem inappropriate, illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s Intellectual Property Rights or this Agreement.
We have the discretion (but not obligation) to terminate a Customer’s access to and use of the Services if, we determine that Customer or its Authorised Users are repeat infringers of the Intellectual Property Rights of us or third parties.
If Customer enables, installs, or connects any Third-Party Applications for use with the Services, Customer:

permits the communication of and/or access to Data to such Third-Party Applications;
grants to us and our sub-processors a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable right and license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, and prepare derivative works of any data communicated to or obtained by us from any Third Party Application enabled, installed, or connected to us by Customer; and
warrants that it has provided all notices and obtained all consents required by law to grant the aforementioned permissions, rights, and licenses and that doing so will not infringe any third party’s privacy, Intellectual Property Rights, or other rights.

Customer acknowledges and agrees that

We will not be held responsible for any Third-Party Applications Customer uses in connection with the Services, including but not limited to, for any disclosure, modification or deletion of Data resulting from any such communication to or access by Third Party Applications.

Customer agrees to comply with any requests by us to remove any connections to or from other websites and/or applications to the Services which Customer installs.
Customer agrees not to use, copy, modify, adapt, alter, translate, create a derivative work of, reverse engineer, disassemble, or decompile the Software, including without limitation, any other underlying algorithms of the Software, except as expressly permitted herein or required by law.
Customer may not integrate the Software on any properties unless such properties are owned, operated or controlled by Customer or properties that Customer has the legal permission or rights to access.
Customers may provide comments, suggestions and feedback to us regarding the Services (“Comments”). The ownership right, title, and interest in such Comments will vest in us on provision of the Comments. Notwithstanding the aforementioned, to the extent that the ownership of any Comments cannot be assigned by Customer, Customer grants us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, prepare derivative works, and otherwise fully exploit such Comments in any medium or format, whether now known or later developed, provided that such Comments are anonymous.
This clause will survive the termination or expiry of this Agreement.
We do not claim any ownership of any Intellectual Property Rights in your Customer Data or User Content. After making available to us Customer Data or User Content for the provision of the Services and/or Apps, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any of these Terms and Conditions or any applicable laws).
We will not be under any obligation whatsoever to pay you for any of the Customer Data or User Content on our Website.
Excluding Customer Data and User Content, all Intellectual Property Rights in and to the Website and all content, materials and information contained in or appearing on the Website, including but not limited to the Kick-Flow Services are owned by and shall remain owned by us or our licensors.
You may choose to or we may invite you to submit comments or ideas about the Kick-Flow Services, including without limitation about how to improve the Kick-Flow Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kick-Flow under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You agree that Kick-Flow, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Services.
You agree to indemnify, defend, and hold harmless Kick-Flow and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the Services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Monitoring of Third Party Content; Notice and Take-Down

You acknowledge that we do not actively monitor any Customer Data, User Content, third party content or content appearing on the Website or via any Kick-Flow Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:

which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or

The disclosure of which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
If we are informed or if we suspect that any material on the Website infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate in our absolute discretion. If you have any concerns or queries about material which appears on our Website (including if you believe that any content displayed on the Website has violated your Intellectual Property Rights) please email us at: info@kick-flow.com

Disclaimers

The Services are provided without any warranty as to their functionality, accuracy or reliability either when first provided or in the future and are provided ‘as is’ and neither Kick-Flow, nor any of its directors, employees, agents or advisers makes any express or implied assurances or warranty as to the completeness, fairness, adequacy or accuracy of any information produced by the Services or any warranty of fitness for a particular purpose, title, non-infringement, merchantability, compatibility, security or accuracy, all of which are hereby expressly excluded to the fullest extent permitted by law.
Kick-Flow cannot and does not guarantee that the Services will be available to use without interruption and no representation or warranty is given that the Services will be available continuously or at all.

THE MATERIALS ON Kick-Flow’S WEBSITE ARE PROVIDED “AS IS”. Kick-Flow MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Kick-Flow DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

Limitation of Liability

You agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit, loss of opportunity or anticipated savings, in each case whether direct or indirect and whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Services; (ii) any failure or delay in the use of any component of the Services including, without limitation, any unavailability of the Services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Services, in all cases even if we have been forewarned of the possibility of such loss or damage.
Without limiting the effect of clause 10.1 above, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when you are using the Services or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Services or from any breach of these Terms and Conditions by you.
While Kick-Flow will do its best to minimize errors, due to the nature of our service offerings, we can not guarantee all output will be 100% error free. Kick-Flow is not responsible or liable for any losses or expenses incurred from errors or omissions.

IN NO EVENT SHALL Kick-Flow OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON Kick-Flow’S INTERNET SITE, EVEN IF Kick-Flow OR A Kick-Flow AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Kick-Flow UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.

Termination

We may cease the provision of the Services, or terminate your contract at any time in our sole discretion for any reason whatsoever.
You shall be entitled to terminate your registration with the Website to any Kick-Flow Service at any time by following the instructions that are set out on the Company Settings page of the Website or alternatively by written notice to us at the email address set out in this agreement of these Terms and Conditions. No refund will be made of any pre-paid fees in respect of Kick-Flow Services.
Termination of your registration, however caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

Data, Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Click here to view our Privacy Policy www.kick-flow.com/privacy-policy. The Privacy Policy forms an essential part of these Terms and Conditions and it is important that you read it. By accepting these Terms and Conditions and/or using the Website and the Services you also accept and consent to our Privacy Policy.

Support and Maintenance

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone.
We cannot guarantee that support is available at all times and that the support advice provided is correct.
We may provide access to ‘community’ support such as forums, online groups or chat rooms where our Customers or third parties provide help to each other and to others. We cannot take any responsibility for the accuracy of support provided by others.
From time to time, there may be either scheduled or unscheduled Service down-time. We endeavour to make the down-time as short as we can. We will not have any Liabilities for the consequences of any down-time.

Customer Responsibilities & Obligations

The Customer will provide all required materials as required by Kick-Flow for Kick-Flow to perform the Services.
The Customer must, at the Customer’s own expense:

provide all reasonable assistance and cooperation to Kick-Flow in order to enable Kick-Flow to supply the Services in an efficient and timely manner including but not limited to obtaining from Authorised Users any consents or approvals necessary to allow the Customer and its Personnel to engage in the activities described in this Agreement and to allow Kick-Flow to provide the Services;

The Customer acknowledges and agrees that:

it is responsible for all users using the Services including its Personnel and any Authorised Users;
its use of the Services will be at its own risk;
the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices;
Kick-Flow may pursue any available equitable or other remedy against the Customer as a result of a breach by the Customer of any provision of this Agreement.

General

Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable.
These Terms and Conditions and the Privacy Policy set out the full extent of our obligations and liabilities concerning the Website and the Services and replace any previous agreements, representations and understandings between us and you.
Subject to clause 10.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.
These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.
Kick-Flow may assign the benefit of any agreement in respect of the Website and the Services without giving notice to you and is entitled to subcontract any of its rights or obligations hereunder.
The materials appearing on Kick-Flow’s web site could include technical, typographical, or photographic errors. Kick-Flow does not warrant that any of the materials on its web site are accurate, complete, or current. Kick-Flow may make changes to the materials contained on its web site at any time without notice. Kick-Flow does not, however, make any commitment to update the materials.
Kick-Flow has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kick-Flow of the site. Use of any such linked website is at the user’s own risk.
By default, you agree to provide Kick-Flow with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We do seek written permission before we post anything publicly. If you would like to revoke this right, please notify us in writing to info@Kick-Flow.com.

Governing Law

Any claim relating to Kick-Flow’s web site shall be governed by the laws of India without regard to its conflict of law provisions.

All Notices should be sent to Kick-Flow:
Kick-Flow
3/4 Gordhanbhai, Narshibhai Ni Chali,
Near Ranoli Railway Station,
Ranoli, Vadodara, Gujarat – 391350,
India
Email: info@kick-flow.com

We will terminate relationships with third parties who infringe the copyrights of others.

DEFINITIONS

We also use the following definitions in these terms and conditions.

Additional Costs means any additional costs, expenses, damages or losses suffered or incurred by Kick-Flow.

Confidential Information includes information or documentation which:

is disclosed to the recipient in connection with this Agreement (whether before or after the Effective Date);
is prepared or produced under or in connection with this Agreement (whether before or after the Effective Date); or
relates to:

the business, assets or affairs of a Party or any of its Affiliates;
the business, assets or affairs of a Group Company, or any client of a Group Company; or
the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and whether it is disclosed to the recipient or received, acquired, overheard or learnt by the recipient in any way whatsoever.

Customer Data means all data relating to your customers or to the customers of your clients which is provided by you to us for the purposes of providing the Services and Software.

Customer Environment means the computing environment of the Customer including all hardware, software, information technology and telecommunications services and Systems.

Data means all of the information, documents and other data provided by the Customer or their Personnel to Kick-Flow, any content uploaded by the Customer or Personnel to Kick-Flow’ System, or otherwise accessed by Kick-Flow in providing the Services.

Fee means the fee set out on the Site agreed by the Parties.

Intellectual Property Rights means patents, rights in inventions, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and rights in confidential information including know how and trade secrets (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and

The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all Kick-Flow related material provided on this Site is held by Kick-Flow. Except as expressly permitted by Kick-Flow, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Kick-Flow or the copyright owner.

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Kick-Flow at any time. Kick-Flow reserves the right to terminate your account at any time for any reason.

Liability means any expense, charge, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Party means a party to this Agreement from time to time, and Parties means all of them.

Personnel means in relation to a Party, any employee, contractor, officer and agent of that Party.

Plan means the applicable monthly, quarterly or annual Customer Fee plan which provides for certain Service features and a number of Authorised Users tier.

Script means a script of computer program code provided by us that Customers must place in their website in order for certain features of the SaaS service to work.

Services means the Staffing Services, Support Services and any Professional Services, to be provided or licensed by Kick-Flow to the Customer on the terms and conditions set out in this Agreement.

System means a combination of Products or a combination of Products and services which are integrated and operate together, including a network.

Term means the term of this Agreement specified in the Customer Account.

Third Party Applications means any software, products, tools, or applications that are used in connection with the Services that are not owned by us.

User Content means any text, files, images, photos, videos or works of authorship that you contribute or submit to us for the purposes of providing the Services, (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website including but not limited to Kick-Flow Services and any code or algorithms incorporated into Kick-Flow Services, which you hereby acknowledge is owned by us or our licensors).