TERMS & CONDITIONS
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 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.
We also use the following definitions in these terms and conditions.
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.
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, Indian Copyright law. The copyright in all 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.
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).
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 http://kick-flow/privacy-policy.
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 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.
MOST IMPORTANT: Kick-Flow Offers Its’ Services on a Fractional Basis
Kick-Flow is designed for small businesses. We offer services on a fractional basis. If Kick-Flow finds that any specific subscribers abuse our model by sharing accounts/logins or are abusing our services or our representatives in any way, we reserve the right to cancel your account.
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: Kick-Flow 305 Concord Building, Alkapuri, Vadodara, Gujarat 390001
Email: info@kick-flow.com
Access to the Website portal is on a subscription basis. You will be charged to subscribe to certain Kick-Flow Services/Software.
Kick-Flow Services/Software which are subject to payment of a subscription fee(s) are identified on the Website and the subscription fee(s) payable and payment tiers available are specified in each case. By selecting a fee-based Kick-Flow Services you commit to payment of the associated fee(s).
We may also offer Services/Software on an annual subscription basis. We may in our sole discretion offer the option of an annual subscription fee payable in advance which may attract a discount on our monthly fees. Any subscription 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 subscription 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 of pre-paid 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 subscription fee representing the period during which the Kick-Flow Services is not available.
You are responsible for the management of access to your account by others. Kick-Flow is entitled to treat any order placed for a Kick-Flow Services using your log-in credentials as having been duly authorized by you.
Kick-Flow may change its subscription fees and payment policies for the Services/software before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Kick-Flow may provide from time to time).
You can pay for the Kick-Flow Subscription Services/Software using a credit card. You will need to ensure that your card details are kept up to date to avoid any interruption to your subscriptions. 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://kick-flow.com/privacy-policy.
You may cancel your subscription with Kick-Flow at any time. Upon cancellation, 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.
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 products or services or Apps 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 be made available through the Services 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 Services, Customer Data, User Content, and user information with the Service Provider as necessary in order to provide you the Third Party Service.
You acknowledge that we do not actively monitor any Customer Data, User Content, third party content or content appearing on the 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:
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
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.
Nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which may not by law be limited or excluded.
Subject to clause 10.1 above, 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 10.2 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.
We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
While Kick-Flow will do its best to minimize errors, due to the nature of our service offerings, we cannot 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 the author or any contributor be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, effects of unauthorized or malicious network access; 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 this software, even if advised of the possibility of such damage.
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.
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 http://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.
Any claim relating to Kick-Flow’s web site shall be governed by the laws of the Gujarat State of India without regard to its conflict of law provisions.