This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: 1st of August’ 2017
Terms of Services or Statement of Rights and Responsibilities (SRR)
Freeofme.com, a platform which facilitates for sharing and contributing towards social acts, owned by Higgs Freeofme Technologies Private Limited, incorporated under the Companies Act, 2013 with its registered office at Delhi, India.
Freeofme.com ("Freeofme," "we," "us," "our") provides its services (described below) to you through its website located at www.freeofme.com (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Finally, we encourage you, particularly if you intend to donate to a Freeofme campaign or registered organization(NGO or Non Profit Organisations) or person, to review the Pricing Section of these Terms of Service.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various 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.
Your privacy is very important to us. We designed our Data Policyto make important disclosures about how you can use Freeofme.com to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
- Sharing Your Content and Information
You own all of the content and information you post on Freeofme.com, and you can control how it is shared through your privacyand application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Freeofme.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policyand Platform Page.)
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Freeofme.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Freeofme.com, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Freeofme.com safe, but we cannot guarantee it. We need your help to keep Freeofme.com safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Freeofme.com.
- You will not collect users' content or information, or otherwise access Freeofme.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Freeofme.com.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Freeofme.com to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Freeofme.com, such as a denial of service attack or interference with page rendering or other Freeofme.com functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Freeofme.com, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain, and will use a Freeofme.com Page for such purposes.
- You will not use Freeofme.com if you are under 13.
- You will not use Freeofme.com if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Freeofme.com that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Freeofme.com if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Freeofme.com.
- You will not tag users or send email invitations to non-users without their consent. Freeofme.com offers social reporting tools to enable users to provide feedback about tagging.
- Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Freeofme.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Freeofme.com.
If you make a payment on Freeofme.com, you agree to our Payments Termsunless it is stated that other terms apply.
- Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the com Platform Policy.
- About Advertisements and Other Commercial Content Served or Enhanced by Freeofme.com
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Freeofme.com or our publisher network will comply with our Advertising Policies.
- Special Provisions Applicable to Pages
If you create or administer a Page on Freeofme.com, or run a promotion or an offer from your Page, you agree to our Campaign Terms.
- Special Provisions Applicable to donation related services
Services Description: The Services are offered as a platform (the "Platform") to users of the Services, which may include Campaign Leaders (interchangeably used with "Campaigners"), Non Profit Organisations (interchangeably used with “Organisations” or “NGO”) and Donors (each defined herein) and other registered users of the Services (which may include users who simply "like" or “Supports” Campaigns or otherwise interact with the Site or Services). Among other features, the Services are designed to allow a user (a "Campaigner") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaigner" shall also be deemed to include NGOs which will getting donation or contributions at first level to remit the same funds to any individual(s) designated as a beneficiary of a Campaign. Services also include where Donor can directly make donation to NGOs by visiting the profiles of NGOs as created by authorized representatives of NGO at Freeofme. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Pricing section for details.
The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several non profit organizations based on the representations of the campaign started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organisations, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which various Campaigner provide.
The User acknowledges that Freeofme is only a marketing service provider and Freeofme does not verify the bona fides and genuineness of campaigns or NGOs, Freeofme cannot and does not verify specific data provided by Campaigner or NGOs. Therefore, Freeofme shall not in any manner be responsible or held accountable for any transaction between the Users.and the campaigns or NGOs.
Remittances to the Campaigner or NGOs for successful transactions under Payment Facility (excluding Cheque Payments transactions) would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 ("RBI Intermediary Guidelines"). Remittance to the Campaigner or NGO for Cheque Donations / Contributions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Campaigner Bank A/c.
If for any reason there is a chargeback on a transaction/donation to Freeofme and if the funds are already transferred by Freeofme to the Campaigner/beneficiary/NGO the Campaigner/beneficiary/NGO will be liable to refund the amount that has been charge backed to Freeofme.
Charitable Giving or Donation to NGO: In addition to the Services described above, Freeofme permits Donors to contribute to certain Non Profit Organisations organizations ("NGO" or “Organisations”) through the Platform. You understand and acknowledge that Freeofme is not a NGO, and Freeofme does not solicit charitable donations for itself or for any third-party charitable institution. If you or your NGO would like to register to be listed as a NGO on the Platform, you can do so at the time of registration of organisation. As used in this Agreement, the term "Campaign" does not refer to a NGO, and you acknowledge that contributions to Campaigns are not deductible for Indian Income Tax deduction, unless your registered NGO is authorized to issue tax-exempt certificates under Section 80G.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Freeofme facilitates the Donation transaction between Campaigners and Donors, but is not a party to any agreement between a Campaigner and a Donor, or between any user and a NGO. Freeofme is not a broker, agent, financial institution, creditor or insurer for any user. Freeofme has no control over the conduct of, or any information provided by a Campaigner or a NGO, and Freeofme hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on Freeofme, and Freeofme will take necessary action to the best of its abilities.
Freeofme does not guarantee that a Campaign or a NGO will obtain a certain amount of Donations or any Contributions at all. We do not personally endorse any Campaign, Campaigner, or NGO, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaigner, or NGO. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify 100% of the information that Campaigners or NGOs supply. We try our best to see that Donations are used in accordance with the stated fundraising or donation purpose; we also collect documents before disbursing Donations to the Campaigner or NGO in many cases. However, please understand that we cannot guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or NGO. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner or NGO, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for many campaigns or NGO and more important we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaigner or NGO is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign or NGO to alert our team of this potential issue and we will investigate to the best of our abilities.
You, as a Campaigner or authorized representative of NGO, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign or Profile is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign or NGO will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign or NGO with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
The terms and conditions that apply to a Campaign Leader (Campaigner) and NGO are:
- You are solely responsible for utilizing the funds for the Purpose mentioned at Our website. Freeofme is not responsible in any way whatsoever towards the end utilization of funds.
- This fund-raising page or NGO profile on the Platform will be available to the general public for contributions from the time it is verified by Freeofme team at the Platform. You may or may not be able to raise the targeted amount in the designated period. Freeofme can reject your fundraiser or Profile for inappropriate or insufficient content, at its sole discretion.
- Freeofme will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilisation of funds.
- Freeofme will collect contributions online, and will send the contributions to designated bank account of NGOs (as approved by you at the time of fundraising page or profile creation) upon completion of statutory verification. NGO can raise withdrawal requests post approval of the campaign by Freeofme.
- You understand that the funds are not owned by Freeofme or its affiliates. At the time of transfer of funds, NGO will receive contributions net of Freeofme Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you, NGO and Freeofme. For a check, please look at the fees in our Pricing Section.
- At Present Freeofme does not allow contribution from outside India.
- If you are an organization, eligible to issue tax deduction certificates to your donors, Freeofme will facilitate the process on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. Freeofme will not have any liability, in any form whatsoever, in this regard.
- You hereby indemnify and agree to keep indemnified and hold safe and harmless Freeofme, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement.
- In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
- The Company may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.
Donations: In order to contribute to a Campaign or to a NGO, a Donor will be required to provide Freeofme all billing information as required by platform. You, as a Donor, represent and warrant to Freeofme that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize Freeofme to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.
Freeofme shall transfer payments, net of its costs, charges and fees into the bank account details provided by the Campaigner or NGO during the set-up process. Once Freeofme has made transfers into the Campaigner's or NGO’s bank account, Freeofme shall be discharged of any/all liability towards the Campaigner, NGO and contributors/donors and the Campaigner, NGO and donors/ contributors shall not be eligible for any claims and/or refunds thereof.
- The Purpose, which the Recipient has been clearly declared on the fund-raising page or NGO profile, and you have clearly understood the project and the utilization of funds.
- Your donations will go to the Recipient, and will be utilized by the Recipient. Freeofme is only facilitating the collection of contributions, and is not responsible in any way for the end utilization of the contributions.
- Freeofme and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. You understand that the fees are towards web hosting, marketing, and promotion, and that Freeofme is only facilitating in collection of the fees on behalf of the owners of the Platform.
- Any receipt or Tax Deduction Certificate (for Indian contributors only) will be issued by the NGO. Whether such receipt will be provided has been clearly mentioned in the fund-raising page or Profile of NGO, and you have understood the same. Freeofme will not be responsible for any Tax certificates or benefits.
Fees: Freeofme does not charge a Campaigner or NGO any upfront fees for initiating a Campaign for making profile at Platform. Freeofme retains a flat percentage of each Donation contributed to a Campaign and all charitable contributions made to a NGO (collectively, "Freeofme Fees"). An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (the "Payment Processing Fee," and together with the Freeofme Fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Campaign or NGO, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaigner can withdraw from the Campaign or which is directed to a NGO. We reserve the right to change Freeofme's pricing from time to time.
Account Holds: From time to time, Freeofme may place a hold on a Campaign account or NGO account (a "Hold") restricting Withdrawals (defined herein) by a Campaigner or NGO. Some of the reasons that we may place a Hold include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaigner or NGO is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the beneficiary or NGO (such as a legal beneficiary or person entitled by law to act on behalf of a Campaigner), (iii) if we have reason to believe that a Campaign or Campaigner or NGO has violated these Terms of Service, (iv) if we think we need additional documentation to have reasonable assurance on utilization of Donations for the purpose stated in the Campaign or by NGO, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign or NGO account, or need information about how to resolve the Hold, please contact us at [email protected]
Withdrawing Donations: You, as a Campaigner (or, as applicable, the beneficiary or NGO designated by the Campaign) or NGO, may withdraw Donations at any time up to the full amount of all Donations credited to your Campaign or NGO profile, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we may place on your Campaign account. A Campaigner or NGO may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While Freeofme strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and Freeofme does not guarantee that Withdrawals will be available to you within any specific time frame, and Freeofme expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaigner or NGO, are responsible for ensuring that the information you provide at Campaign or NGO Profile in order to process a Withdrawal, including your bank account information, is accurate and up to date.
- Special Provisions Applicable to Social Activists Information
Freeofme enlists Social Activists to be a part of this platform and does not take accountability or responsibility of screening of their activities in any form. Freeofme does not take any responsibility of any damage or loss to anyone due to wrong information provided about Social Activists. Freeofme has the sole discretion to enlist/delist Social Activists to avail its services.
- Special Provisions Applicable to Needy’s Information
Freeofme enlists Needy to be a part of this platform and does not take accountability or responsibility of screening of their activities in any form. Freeofme does not take any responsibility of any damage or loss to anyone due to wrong information provided about Needy. Freeofme has the sole discretion to enlist/delist Needy to avail its services.
- Anti-Money Laundering (AML) policy
We comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
- Every recipient (campaigner or NGO on Freeofme) has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India. The list of such registered documents will be updated on Freeofme.com site, at its sole discretion, from time to time.
The verification will be essential to withdraw funds from Freeofme, and may be asked by Freeofme, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
Your location as reflected on your Campaign page or NGO Profile must match your legal residence/address that you submit to Freeofme when you create a withdrawal request. Failure to adequately fulfill agreed obligations may result in Freeofme removing the Campaign(s)/NGOs and seeking reimbursement of Campaign funds or Donation raised, including by using third-party collections services. Only the Campaign Owner or NGO authorized representatives shall be permitted to collect Campaign funds or donation.
Freeofme may attempt to verify the identity and other information provided to us by Campaign Owners or NGO, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner or NGO eligibility is subject to Freeofme’s review of the fulfillment status of prior contributions obligations.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner or NGO and any beneficiary who will receive funds directly from the applicable Campaign. Freeofme will ask for the personal account number / tax identification number (PAN) of Campaign Owners or NGOs and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
- For contributors on Freeofme.com, only standard channels of payment - verified credit or debit cards, netbanking or cheque will be allowed. Cash payments will not be allowed in any case.
- Recipients (campaign Leaders, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI. Any failure to do so may result in cancellation of fundraiser or NGO, and refund of donations, to the cancelled fundraiser or NGO to respective donors.
AML policies will be updated time to time at the sole discretion of Freeofme.
- Freeofme aspires to be a dynamic website by adding new features and content regularly for the benefit of visitors. For this purpose Freeofme website may be temporarily shut down for updation work. However, Freeofme will put its best efforts to minimize the inconvenience caused due to non-availability of website.
- At Freeofme we make every effort is made to keep the website up and running smoothly. However, Freeofme takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to issues beyond our control.
By accepting these Terms, you agree to indemnify and otherwise hold harmless Freeofme, its officers, employees, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from the use of the Freeofme Services by you or by those who have access to the service through your account.
- Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
- Your continued use of the Freeofme.com Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Freeofme.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Freeofme.com exclusively in the Delhi(India) District Court and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the India will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Freeofme.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Freeofme.com and are not responsible for the content or information users transmit or share on Freeofme.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Freeofme.com. We are not responsible for the conduct, whether online or offline, of any user of Freeofme.com.
- WE TRY TO KEEP FREEOFME.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FREEOFME.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FREEOFME.COM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FREEOFME.COM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FREEOFME.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FREEOFME.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FREEOFME.COM WILL NOT EXCEED THE GREATER OF ONE THOUSAND RUPEES ( RS. 1000) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FREEOFME.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the India
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Freeofme.com outside the India:
- You consent to having your personal data transferred to and processed in the India.
- If you are located in a country which are blacklisted by India or from which Indian Government does not maintain Political Relations, you will not engage in commercial activities on Freeofme.com (such as advertising or payments) or operate a Platform application or website. You will not use Freeofme.com if you are prohibited from receiving products, services, or software originating from the India.
- By "Freeofme.com" or” Freeofme.com Services” we mean the features and services we make available, including through (a) our website at www.freeofme.com.com and any other Freeofme.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Freeofme.com reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Freeofme.com or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Freeofme.com.
- By "content" we mean anything you or other users post, provide or share using Freeofme.com Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Freeofme.com or provide to Freeofme.com through Platform.
- By "post" we mean post on Freeofme.com or otherwise make available by using Freeofme.com.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of trademarks provided here.
- If you are a resident of or have your principal place of business in the India, this Statement is an agreement between you and Freeofme.com. References to “us,” “we,” and “our” mean either Freeofme.com.
- This Statement makes up the entire agreement between the parties regarding Freeofme.com, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Freeofme.com.
By using or accessing Freeofme.com Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of Freeofme.com:
- Payment Terms: These additional terms apply to all payments made on or through Freeofme.com, unless it is stated that other terms apply.
- Platform Page: This page helps you better understand what happens when you add a third-party application or use Freeofme.com Connect, including how they may access and use your data.
- com Platform Policies: These guidelines outline the policies that apply to applications, including Connect sites.
- Advertising Policies: These guidelines outline the policies that apply to advertisements placed on Freeofme.com.
- Self-Serve Ad Terms: These terms apply when you use the Self-Serve Ad Interfaces to create, submit, or deliver any advertising or other commercial or sponsored activity or content.
- Promotions Guidelines: These guidelines outline the policies that apply if you offer contests, sweepstakes, and other types of promotions on Freeofme.com.
- com Brand Resources: These guidelines outline the policies that apply to use of Freeofme.com trademarks, logos and screenshots.
- How to Report Claims of Intellectual Property Infringement
- Pages Terms: These guidelines apply to your use of Freeofme.com Pages.
- Community Standards: These guidelines outline our expectations regarding the content you post to Freeofme.com and your activity on Freeofme.com.