TERMS OF SERVICE
Last updated January 01, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Fic)on Design Studio (“Company,” “we,” “us,” “our”), a company registered in India at Fairdeal House, opp Jain Dairy , Swas)k cross Road, Navrangpura, Ahmedabad, Gujarat 380009.
We operate the website hMps://fic)ondesignstudio.in/ (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collec)vely, the “Services”).
You can contact us by phone at +91 9998144288, email at Info@fic)ondesignstudio.in, or by mail to Fairdeal House, opp Jain Dairy , Swas)k cross Road, Navrangpura, Ahmedabad, Gujarat 380009, India.
These Legal Terms cons)tute a legally binding agreement made between you, whether personally or on behalf of an en)ty (“you”), and Fic)on Design Studio, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior no)ce of any scheduled changes to the Services you are using. Changes to Legal Terms will become effec)ve fideen (15) days ader the no)ce is given, except if the changes apply to security updates, bug fixes, and new func)onality, in which case the changes will be effec)ve immediately. By con)nuing to use the Services ader the effec)ve date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate Services as per the sec)on “TERM AND TERMINATION.”
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdic)on in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. REFUNDS POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENSE
10. SERVICES MANAGEMENT
11. PRIVACY POLICY
12. TERM AND TERMINATION
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18. LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. INTRODUCTION
25. SERVICES PROVIDED
26. INTELLECTUAL PROPERTY RIGHTS
27. CLIENT RESPONSIBILITIES
28. PAYMENT TERMS
29. CONFIDENTIALITY
30. LIMITATION OF LIABILITY
31. INDEMNIFICATION
32. TERMINATION OF SERVICES
33. GOVERNING LAW AND DISPUTE RESOLUTION
34. CONTACT US
1. OUR SERVICES
The informa)on provided when using the Services is not intended for distribu)on to or use by any person or en)ty in any jurisdic)on or country where such distribu)on or use would be contrary to law or regula)on or which would subject us to any registra)on requirement within such jurisdic)on or country. Accordingly, those persons who choose to access the Services from other loca)ons do so on their own ini)a)ve and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regula)ons (Health Insurance Portability and Accountability Act (HIPAA), Federal Informa)on Security Management Act (FISMA), etc.), so if your interac)ons would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, func)onality, sodware, website designs, audio, video, text, photographs, and graphics in the Services (collec)vely, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair compe))on laws) and trea)es in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, noncommercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” sec)on below, we grant you a non-exclusive, non-transferable, revocable license to:
• access the Services; and
• download or print a copy of any por)on of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this sec)on or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmiMed, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior wriMen permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this sec)on or elsewhere in our Legal Terms, please address your request to: Info@fic)ondesignstudio.in. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must iden)fy us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary no)ce appears or is visible on pos)ng, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will cons)tute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this sec)on and the “PROHIBITED ACTIVITIES” sec)on carefully prior to using our Services to understand the (a) rights you give us and (b) obliga)ons you have when you post or upload any content through the Services.
Submissions: By directly sending us any ques)on, comment, sugges)on, idea, feedback, or other informa)on about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be en)tled to its unrestricted use and dissemina)on for any lawful purpose, commercial or otherwise, without acknowledgment or compensa)on to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceilul, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-men)oned rights in rela)on to your Submissions; and
• warrant and represent that your Submissions do not cons)tute confiden)al informa)on.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this sec)on, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a minor in the jurisdic)on in which you reside, or if a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regula)on.
If you provide any informa)on that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any por)on thereof).
4. PRODUCTS
All products are subject to availability. We reserve the right to discon)nue any products at any )me for any reason. Prices for all products are subject to change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– PayPal
You agree to provide current, complete, and accurate purchase and account informa)on for all purchases made via the Services. You further agree to promptly update account and payment informa)on, including email address, payment method, and payment card expira)on date, so that we can complete your transac)ons and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any )me. All payments shall be in rupees.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discre)on, limit or cancel quan))es purchased per person, per household, or per order. These restric)ons may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. REFUNDS POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connec)on with any
commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systema)cally retrieve data or other content from the Services to create or compile, directly or indirectly, a collec)on, compila)on, database, or directory without wriMen permission from us.
• Trick, defraud, or mislead us and other users, especially in any aMempt to learn sensi)ve account informa)on such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limita)ons on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any informa)on obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regula)ons.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or aMempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital leMers and spamming (con)nuous pos)ng of repe))ve text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, func)ons, opera)on, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extrac)on tools.
• Delete the copyright or other proprietary rights no)ce from any Content.
• AMempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or aMempt to upload or to transmit) any material that acts as a passive or ac)ve informa)on collec)on or transmission mechanism, including without limita)on, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (some)mes referred to as “spyware” or “passive collec)on mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, in)midate, or threaten any of our employees or agents engaged in providing any por)on of the Services to you.
• AMempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any por)on of the Services.
• Copy or adapt the Services’ sodware, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permiMed by applicable law, decipher, decompile, disassemble, or reverse engineer any of the sodware comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limita)on, any spider, robot, cheat u)lity, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other sodware.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collec)ng usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or crea)ng user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-genera)ng endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
8. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, wri)ngs, video, audio, photographs, graphics, comments, sugges)ons, or personal informa)on or other material (collec)vely, “Contribu)ons”). Contribu)ons may be viewable by other users of the Services and through third-party websites. When you create or make available any Contribu)ons, you thereby represent and warrant that:
• The crea)on, distribu)on, transmission, public display, or performance, and the accessing, downloading, or copying of your Contribu)ons do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contribu)ons in any manner contemplated by the Services and these Legal Terms.
• You have the wriMen consent, release, and/or permission of each and every iden)fiable individual person in your Contribu)ons to use the name or likeness of each and every such iden)fiable individual person to enable inclusion and use of your Contribu)ons in any manner contemplated by the Services and these Legal Terms.
• Your Contribu)ons are not false, inaccurate, or misleading.
• Your Contribu)ons are not unsolicited or unauthorized adver)sing, promo)onal materials, pyramid schemes, chain leMers, spam, mass mailings, or other forms of solicita)on.
• Your Contribu)ons are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objec)onable (as determined by us).
• Your Contribu)ons do not ridicule, mock, disparage, in)midate, or abuse anyone.
• Your Contribu)ons are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contribu)ons do not violate any applicable law, regula)on, or rule.
• Your Contribu)ons do not violate the privacy or publicity rights of any third party.
• Your Contribu)ons do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contribu)ons do not include any offensive comments that are connected to race, na)onal origin, gender, sexual preference, or physical handicap.
• Your Contribu)ons do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regula)on.
Any use of the Services in viola)on of the foregoing violates these Legal Terms and may result in, among other things, termina)on or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any informa)on and personal data that you provide and your choices (including serngs).
By submirng sugges)ons or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensa)on to you.
We do not assert any ownership over your Contribu)ons. You retain full ownership of all of your Contribu)ons and any intellectual property rights or other proprietary rights associated with your Contribu)ons. We are not liable for any statements or representa)ons in your Contribu)ons provided by you in any area on the Services. You are solely responsible for your Contribu)ons to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal ac)on against us regarding your Contribu)ons.
10. SERVICES MANAGEMENT
We reserve the right, but not the obliga)on, to: (1) monitor the Services for viola)ons of these Legal Terms; (2) take appropriate legal ac)on against anyone who, in our sole discre)on, violates the law or these Legal Terms, including without limita)on, repor)ng such user to law enforcement authori)es; (3) in our sole discre)on and without limita)on, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contribu)ons or any por)on thereof; (4) in our sole discre)on and without limita)on, no)ce, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper func)oning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collec)on, use, or disclosure that differ from applicable laws in India, then through your con)nued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India. Further, we do not knowingly accept, request, or solicit informa)on from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protec)on Act, if we receive actual knowledge that anyone under the age of 13 has provided personal informa)on to us without the requisite and verifiable parental consent, we will delete that
informa)on from the Services as quickly as is reasonably prac)cal.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and crea)ng a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be ac)ng on behalf of the third party. In addi)on to termina)ng or suspending your account, we reserve the right to take appropriate legal ac)on, including without limita)on pursuing civil, criminal, and injunc)ve redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any )me or for any reason at our sole discre)on without no)ce. However, we have no obliga)on to update any informa)on on our Services. We also reserve the right to modify or discon)nue all or part of the Services without no)ce at any )me. We will not be liable to you or any third party for any modifica)on, price change, suspension, or discon)nuance of the Services.
We cannot guarantee the Services will be available at all )mes. We may experience hardware, sodware, or other problems or need to perform maintenance related to the Services, resul)ng in interrup)ons, delays, or errors. We reserve the right to change, revise, update, suspend, discon)nue, or otherwise modify the Services at any )me or for any reason without no)ce to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any down)me or discon)nuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any correc)ons, updates, or releases in connec)on therewith.
14. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India. Fic)on Design Studio and yourself irrevocably consent that the courts of India shall have exclusive jurisdic)on to resolve any dispute which may arise in connec)on with these Legal Terms.
15. DISPUTE RESOLUTION
Informal NegoZaZons
To expedite resolu)on and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collec)vely, the “Disputes”) brought by either you or us (individually, a “Party” and collec)vely, the “Par)es”), the Par)es agree to first aMempt to nego)ate any Dispute (except those Disputes expressly provided below) informally for at least fideen (15) days before ini)a)ng arbitra)on. Such informal nego)a)ons commence upon wriMen no)ce from one Party to the other Party.
Binding ArbitraZon
Any dispute arising out of or in connec)on with these Legal Terms, including any ques)on regarding its existence, validity, or termina)on, shall be referred to and finally resolved by the Interna)onal Commercial Arbitra)on Court under the European Arbitra)on Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be two (2). The seat, or legal place, or
arbitra)on shall be Ahmedabad , India. The language of the proceedings shall be gujara)/hindi/english. The governing law of these Legal Terms shall be substan)ve law of India.
RestricZons
The Par)es agree that any arbitra)on shall be limited to the Dispute between the Par)es individually. To the full extent permiMed by law, (a) no arbitra)on shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-ac)on basis or to u)lize class ac)on procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representa)ve capacity on behalf of the general public or any other persons.
ExcepZons to Informal NegoZaZons and ArbitraZon
The Par)es agree that the following Disputes are not subject to the above provisions concerning informal nego)a)ons binding arbitra)on: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allega)ons of thed, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunc)ve relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that por)on of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdic)on within the courts listed for jurisdic)on above, and the Par)es agree to submit to the personal jurisdic)on of that court.
16. CORRECTIONS
There may be informa)on on the Services that contains typographical errors, inaccuracies, or omissions, including descrip)ons, pricing, availability, and various other informa)on. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the informa)on on the Services at any )me, without prior no)ce.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respec)ve officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable aMorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representa)ons and warran)es set forth in these Legal Terms; (4) your viola)on of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any maMer for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to no)fy you of any such claim, ac)on, or proceeding which is subject to this indemnifica)on upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data rela)ng to your use of the Services. Although we perform regular rou)ne backups of data, you are solely responsible for all data that you transmit or that relates to any ac)vity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corrup)on of any such data, and you hereby waive any right of ac)on
against us arising from any such loss or corrup)on of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visi)ng the Services, sending us emails, and comple)ng online forms cons)tute electronic communica)ons. You consent to receive electronic communica)ons, and you agree that all agreements, no)ces, disclosures, and other communica)ons we provide to you electronically, via email and on the Services, sa)sfy any legal requirement that such communica)on be in wri)ng. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regula)ons, rules, ordinances, or other laws in any jurisdic)on which require an original signature or delivery or reten)on of non-electronic records, or to payments or the gran)ng of credits by any means other than electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not sa)sfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in wri)ng at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952- 5210 or (916) 445-1254.
23. MISCELLANEOUS
These Legal Terms and any policies or opera)ng rules posted by us on the Services or in respect to the Services cons)tute the en)re agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obliga)ons to others at any )me. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency rela)onship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having draded them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the par)es hereto to execute these Legal Terms.
24. INTRODUCTION
These Terms and Condi)ons govern your use of the services provided by Fic)on Design Studio (“we,” “our,” “us”) through our website [hMps://fic)ondesignstudio.in/]. By accessing and using our website and services, you agree to comply with these terms. If you do not agree, please refrain from using our website or services.
25. SERVICES PROVIDED
Fic)on Design Studio provides a range of crea)ve design services, including but not limited to web design, branding, graphic design, and consulta)on services. A detailed descrip)on of services is available on our website. All services are subject to the availability and terms agreed upon in each specific project agreement.
26. INTELLECTUAL PROPERTY RIGHTS
All content, designs, logos, graphics, text, images, and other materials on this website are the intellectual property of Fic)on Design Studio and are protected by copyright laws. You may not use, reproduce, or distribute any content without our express wriMen consent.
27. CLIENT RESPONSIBILITIES
Clients are responsible for providing accurate and )mely informa)on required for the comple)on of projects. Delays caused by the client’s failure to provide necessary informa)on will not be the responsibility of Fic)on Design Studio and may result in delays or addi)onal fees.
28. PAYMENT TERMS
All services provided by Fic)on Design Studio are subject to the payment terms outlined in the client agreement. Payment is due as specified in the agreement, and failure to make payments may result in the suspension of services un)l the outstanding balance is paid in full.
29. CONFIDENTIALITY
Fic)on Design Studio agrees to keep all client informa)on confiden)al and will not disclose any personal or business informa)on to third par)es without the client’s prior wriMen consent, unless required by law. This clause survives the termina)on of any contract.
30. LIMITATION OF LIABILITY
To the fullest extent permiMed by law, Fic)on Design Studio will not be liable for any indirect, incidental, special, or consequen)al damages arising out of the use of our services or the inability to use them. Our liability is limited to the amount paid by the client for the specific service causing the damage.
31. INDEMNIFICATION
By using our services, you agree to indemnify and hold harmless Fic)on Design Studio, its officers, employees, agents, and affiliates from any claims, damages, or losses arising out of your use of our services, including any infringement of third-party intellectual property rights or viola)on of applicable laws.
32. TERMINATION OF SERVICES
Fic)on Design Studio reserves the right to terminate any agreement or service at any )me if the client breaches any of the terms outlined in the client agreement or these terms and condi)ons. Termina)on will not relieve the client from their obliga)on to pay for services rendered up to the date of termina)on.
33. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Condi)ons will be governed by and construed in accordance with the laws of [your jurisdic)on]. Any disputes arising from or related to these terms shall be resolved through [arbitra)on/media)on] in [your jurisdic)on]. If arbitra)on is not required, the dispute will be subject to the exclusive jurisdic)on of the courts in Ahmedabad,Gujarat,India.
34. CONTACT US
In order to resolve a complaint regarding the Services or to receive further informa)on regarding use of the Services, please contact us at:
FicZon Design Studio
Fairdeal House, opp Jain Dairy
SwasZk cross Road, Navrangpura
Ahmedabad , Gujarat 380009
India
Phone: +91 9998144288
info@ficZondesignstudio.in