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Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.FlairHunt.com (hereinafter referred to as the “Platform”), including any functionality and services offered on or through each of the Websites, to any products, software, or mobile applications provided by Flair Hunt (for the sake of brevity herein after referred to as “FHC”) or the Websites or the platform, and to any correspondence by Flair Hunt Company (together with its owners, parents, subsidiaries, affiliates, directors, officers, managers, members agents and employees, “Flair Hunt”), you and any other users of the Websites (individually, a “User”, and collectively, “Users”). Please read these terms and conditions carefully before using the Websites. Please also review our Privacy Policy, which also governs your visit to the Websites, to understand our privacy practices.

This platform, websites is owned by Flair Hunt Company, a company registered under the Indian Companies Act, 2013,

The Site and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise is hereinafter referred to as “the Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You also agreed to this contract between you , the user and Flair Hunt when you clicked the “I agree” box during sign up or or if you are a non-member browsing Flair Hunt website. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number. Definition of “User” or “You”: means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company. FHC may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Flair Hunt Company shall assist the State Police / Statutory Investigation Agency and or any other authority for the time being in force to provide all possible assistance to the State Police (Cyber Crime Investigation Cell) or any other statutory investigation agency to tackle fraudulent users of FlairHunt.com on being specifically instructed by the said authorities to do so. This Agreement sets out the legally binding terms for your use of the Site and membership.

The membership and rights of admissions are reserved. FlairHunt.com is a talent hub platform providing targeted advertising services for Entertainment & Media Industry. The Service is for the personal use of individual members to advertise and promote their profiles for the purpose of finding relevant jobs, job seekers and locations. Access to the FlairHunt.com website is free. However, we offer Featured & Premium Memberships wherein one can promote his/her Profile on various which gives them access to our exclusive services.

Introduction and Acceptance of Terms of Use

By visiting or using any of the Websites, including access or use through a computer, mobile device or mobile application, you accept and agree to be bound by these Terms of Use regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use the Websites.

You affirm that you are either more than eighteen (18) years of age, or for those who are below the age of (18) years the parent and or guardian has read and agree to the terms and conditions of use and take full responsibility for the minor and are thus fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use, and are not a person barred from using the Websites under the laws of India and or other applicable jurisdiction.

Users under the age of eighteen (18 ) (a “Young User”) are expressly prohibited from using the Flair Hunt Website Services,. Young Users who would like to participate in any of the Websites must have their parent or legal guardian (a “Parent Registered User”) operate the website and share personal information only with their consent. Parent Registered Users are responsible for directly engaging with all Services on the Websites, including but not limited to submitting applications and messaging other users, updating the settings of and terminating their account and thereby use of the Websites on behalf of the applicable Young User.

For purposes of these Terms of Use, Parent Registered Users and their Young Users are deemed to be Users as used in these Terms of Use. By registering Young Users profile by Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms of Use and any applicable additional terms in their entirety on behalf of yourself and your Young User whether or not you use any of the Websites. You further understand and agree that you will ensure your Young User’s compliance with these Terms of Use and that you are responsible for any noncompliance by your Young User.

If you are a Parent Registered User, you also agree that you are responsible for using and monitoring the account on behalf of your Young User.

If a parent or guardian believes that any Website has collected information of a child under the age of eighteen (18), without proper consent, please contact Flair Hunt at [email protected].

Flair Hunt may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Websites. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

 

Website Content and Premium Services

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Flair Hunt has no control over such third party user generated content as Flair Hunt is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Flair Hunt’s express prior written consent.

The Websites contains content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, “Content”) that is accessible by Users. The Websites may also offer breakdowns, casting notices, forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas for Users to communicate with each other, and the information therein is also considered Content. The creation of a user account may be required for the use of certain portions of the Websites. In addition, certain contents and services of the Websites, such as premium communication and messaging functionality and certain digital and print content, may only be accessed through purchase or paid subscription. All Services available to Users only through purchase or paid subscription, is referred to collectively as the “Premium Services.” All Content, available with or without payment or subscription, may include facts, views, opinions and recommendations of or concerning individuals, organizations, or projects not affiliated with Flair Hunt. Flair Hunt does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations.

The Websites provide an online platform for Talents to interact and communicate with Talent Scouts. Any agreement or transaction that arises from these interactions or communications does not involve Flair Hunt, and Flair Hunt is not a party to any agreement between Users. Flair Hunt is not an employer with respect to any opportunity advertised on the Websites, and Flair Hunt is not responsible for any employment, hiring, or fees decisions made by you or anyone else using the Websites.

You may use information available on the Platform for downloading, provided that You (1) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (2) make no modifications to any such information, and (3) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

  1. Trademark, Copyrights and Restriction

    This site is controlled and operated by Flair Hunt Company. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

    Further, Flair Hunt takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Websites by submitting written notification to our Copyright Agent (designated below). Any copyright, trademark and patent rights and other intellectual property rights related to this website as well as the contents in this website (including but not limited to text, images, audio, video, charts, interface and layout design, relevant data or electronic documents etc) are protected by the local laws and regulations and corresponding international treaties and belong to Flair Hunt. Your written notification to us must include substantially the following:

    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated Copyright Agent to receive Notices is:

    Flair Hunt Company

    [email protected]It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

  2. Right of Publicity

    Flair Hunt reserves the right to remove any Content contained in or posted to the Websites that Flair Hunt determines in its sole discretion does or may allegedly infringe another person’s copyright, trademark, celebrity material or other rights.

    Notices to Flair Hunt regarding any alleged infringement on the Websites should be emailed to [email protected].

  3. User accounts

    The creation of a User account may be required for the use of certain portions of the Websites (e.g., email, newsletters, competitions, forums, content downloads, and promotions). As part of Flair Hunt’s registration process, you will select a username and password and be asked to submit, among other things, your email address. You agree that all information you provide to Flair Hunt for purposes of creating a user account (the “User Information”) will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Use and may result in the immediate termination of your account. All information about you including your User Information, any information obtained by Flair Hunt as a result of your use of the Websites, and any information stored or transmitted in any way on or through the use of the Websites is subject to Flair Hunt’s Privacy Policy, which can be found here. Flair Hunt’s Privacy Policy is incorporated into these Terms of Use by this reference.

    You understand that you may not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that Flair Hunt, in its sole discretion, deems inappropriate. (iv) publicize your wrong location / address (v) use wrong / false date of birth / gender and other individual specific details. You agree that any information that you provide to the Websites, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Websites, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Websites (including the Premium Services) using your name, user name or password in whole or in part.

    Each User name permits one person to access the password-protected portion of the Websites (including the Premium Services), and you shall not share the user name and password with any third party. You shall be solely responsible for any and all use of the Websites, including without limitation, any and all charges incurred by a third party, under or using your user name and password. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify Customer Service at [email protected] and confirm such notice in writing. Upon receiving such telephonic and written notice, Flair Hunt will assign a new password to you without charge.

    You agree that any unauthorized use of the Websites (or any Content derived there from) by you or by anyone using you user name or password may result in immediate suspension or termination of your user account by Flair Hunt, in its sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the subscription process is true and accurate and agrees to update the information thereafter in the event of any changes. Flair Hunt reserves the right to terminate, without notice, your access to and use of the Websites in the event that you provide any false information to Flair Hunt as part of the subscription process, without refund of any pre-paid fees. Flair Hunt reserves the right to terminate, without notice, your subscription and access to the Websites for any conduct that Flair Hunt, in its sole discretion, believes is in violation of these Terms of Use, any applicable law, or is harmful to the interests of another User, service provider, or Flair Hunt. In the event of such termination, you will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which Flair Hunt may be entitled.

Subscription Policy

  1. Subscription Renewal

    Subscriptions are auto renewals and will be executed as per the beginning date of Subscription. The transaction will appear on your Bank statement as ‘Flair Hunt Company’

    Your Flair Hunt subscription is auto renewed in recurring, which means your subscription continues until you manually cancel it from your Member Login or connect support in this regard. Till then Subscription fees will be charged on your Credit/Debit/UPI account as per the rules prescribed by the Payment Gateways. Your Subscription can always be upgraded or downsized based on your need before the next payment cycle from your Member Login. You can even change or cancel your subscription at any time by sending an email to [email protected].

    We don’t store any of your payment details like your card details, cvv etc after your subscription unless you choose to save for renewal purposes or continuous subscription, a new transaction must be initiated every time at end of subscription. By clicking on ‘Signup’ you are accepting that we may store your payment details.

  2. Opting out of Subscription

    YOU MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING Flair Hunt ONLINE, EMAILING [email protected]. YOU AGREE THAT SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID.

  3. Unauthorized Charges

    YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT Flair Hunt, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

  4. Billing Discrepancies

    Unless you notify Flair Hunt of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release Flair Hunt from all liabilities and claims of loss resulting from any such error or discrepancy.

  5. Fees Subject to change

    Flair Hunt may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online at www.flairhunt.com/membership-account/membership-levels. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must email at [email protected] or update your information through your account settings on FlairHunt.com.

Cancellation and Refund Policy

Flair Talent Hunt offers month-to-month and annual (12 month) subscriptions on FlairHunt.com to all Premium Services.The length of the subscription period is selected by you during the enrollment process.

  1. Cancellation

    Flair Hunt is a SAAS Product for which you are charged recurring fees as a Subscription Fee. You can continue using the Paid services  as long your subscription continues. If you don’t wish to use the Paid Services you can cancel it anytime, but no partial or prorated refunds will be given for unused portions of your subscription term.

    To cancel or change your subscription, go to www.flairhunt.com/membership-account/membership-levels or email [email protected]

    If you decide to cancel, you may use your subscription until the end of your current subscription term; your subscription will not be renewed after your current term expires.

  2. Refunds

    Flair Hunt memberships are subscription based membership so, once you subscribe to any paid membership you can’t claim for any refund. Please note that any subscription taken through online upgrade will instantly enables all your features on your account, you can apply audition, casting or job which can’t be removed hence, no refunds will not be given once the upgrade process is completed.

    No partial refunds will be given for unused subscription or delete account or for membership upgrades or downgrades, or for any other reason. If Flair Hunt removes your membership due to a breach of our terms or policies, no refund will be given.

Additional Terms

In some instances, additional terms or end user license agreements apply to some services, products, software, competitions or promotions offered via the Websites. Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Use and not in derogation. In the event of a conflict, the additional terms prevail over these Terms of Use. Flair Hunt may change, suspend or discontinue any aspect of the Websites at any time and without prior notice.

 

Entire Agreement

You acknowledge and agree that these Terms of Use, the Privacy Policy, any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Websites; provided, however these Terms of Use do not alter in any way the terms or conditions of any other agreement that the User may have with Flair Hunt. If any provision in these Terms of Use is invalid or unenforceable under applicable law, that part will be deemed severable and the remaining provisions will continue in full force and effect. Each Partner & Affiliate expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

 

Equipment and Internet Access

You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Websites (including the Premium Services). You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Websites (including the Premium Services) through an Internet access provider or other third-party service, including any applicable taxes.

 

No Oral Agreements or Modifications

There shall be no amendment or modification of these Terms of Use unless the same is in writing and signed by an authorized representative of Flair Hunt. Oral agreements shall expressly be non-binding and unenforceable.

 

Dispute Resolutions

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

If a dispute arises between you and Flair Hunt, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly.

  1. Negotiations

    Before initiating any arbitration or court proceeding, you and Flair Hunt agree to first attempt to negotiate any dispute, controversy or claim related to the Websites, these Terms of Use or the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a “Claim”) (except those Claims expressly provided in Section 8.7 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. Flair Hunt will send its notice via Certified Mail to your billing or other physical address (if on file with Flair Hunt) and email you a copy to the email address you have provided. You agree to send your notice via Certified Mail to Flair Hunt’s Office address and email a copy to [email protected].

  2. Binding Arbitration

    This Section 8 is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Flair Hunt or a Flair Hunt Partner or Flair Hunt Affiliate, whether relating to these Terms of Use (including any alleged breach thereof), or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

  3. Arbitration procedures

    If any dispute arises between a user/users and Flair Hunt arising out of use of this platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Flair Hunt. Decision of the arbitrator shall be final and binding on both the parties to the dispute. The arbitration of any dispute or claim shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended. The place of arbitration shall be Pune, India.

    An arbitrator may not award relief in excess of or contrary to what the Terms of Use provides, including Section 10 Limitation of Liability, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual economic damages, except that the arbitrator may award on an individual basis damages expressly required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

    As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996 as amended thereto and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms of Use, (i) you and Flair Hunt may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged in the required court of law by the parties. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Flair Hunt ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A TRIAL.

  4. Arbitration fees

    All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

    YOU AND Flair Hunt AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN Flair Hunt AND YOU INDIVIDUALLY. YOU AND Flair Hunt AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.

  5. Exceptions to negotiations and arbitration

    You and Flair Hunt agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Flair Hunt’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.

  6. Severability

    You and Flair Hunt agree that if any portion of the Arbitration Agreement is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If for any reason the Arbitration Agreement is deemed inapplicable or invalid, you and Flair Hunt both agree (i) that all Claims will be exclusively decided either the courts of India and you and Flair Hunt agree to submit to the personal jurisdiction of those courts, and (ii) that you and Flair Hunt both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using the Websites, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

  7. Governing Law, Juridiction and Venue

    All matters related to the Websites and these Terms of Use (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Indian laws. Unless Flair Hunt and you agree otherwise, in the event that the Arbitration Agreement is deemed inapplicable or invalid, you and Flair Hunt both agree that all Claims will be exclusively decided by the courts of India, and you and Flair Hunt agree to submit to the personal jurisdiction of those courts. By using the Websites, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

Recovery of Fees

You agree that if Flair Hunt takes action (by itself or through its representatives) to enforce any of the provisions of these Terms of Use against you, including collection of any amounts due to Flair Hunt, Flair Hunt shall be entitled to recover from you (and you agree to pay), Flair Hunt’s reasonable and necessary attorney’s fees and any costs of any litigation, in addition to all sums to which Flair Hunt is entitled or any other relief, at law or in equity, except as otherwise limited herein.

 

Limitation of Liability

  1. Incidental Damages and Aggregate Liability

    In no event will Flair Hunt or any of ITS PARTNERS & AFFILIATES be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Websites, including without limitation damages related to any information received from the Websites, removal of content from the Websites, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Websites, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Flair Hunt, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL Flair Hunts’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR, IF YOU HAVE NOT PAID Flair Hunt FOR THE USE OF ANY SERVICES, THE AMOUNT OF Rs.1000.00 OR ITS EQUIVALENT.

  2. No Liability for non-Flair Hunt Actions

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Flair Hunt BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

    In addition to the preceding paragraphs of this section and other provisions of these Terms of Use, any advice that may be posted on the Websites is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Flair Hunt makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Websites. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.

Indemnity

You agree to and shall defend, indemnify and hold harmless Flair Hunt, its partners, its affiliates and its affiliates’ directors, officers, employees, agents, representatives, members, joint venture’s, licensors, suppliers, vendors, distributors, advertisers and other contracting parties (hereinafter “Affiliates”) from and against any and all claims, losses, expenses, including reasonable legal fees or demands of liability, including reasonable attorneys’ fees and costs incurred by Flair Hunt, its partners and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Websites, or (ii) use of the Websites by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Flair Hunt and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Flair Hunt. Users further agree to hold harmless Flair Hunt, its Partners and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Websites.

 

Disclaimers of Warranty

THE WEBSITES (INCLUDING THE PREMIUM SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Flair Hunt, AND EACH OF ITS AFFILIATES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF Flair Hunt. Flair Hunt MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (V) THE WEBSITES, NETWORKS OR SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Flair Hunt’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. Flair Hunt IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITES. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES (INCLUDING THE PREMIUM SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITES.

 

Contact Information

If you have any questions about these Terms of Use or your rights or Flair Hunt’s obligations relating to the Websites or the Paid Services, please email us at [email protected] or you may contact us by mail at: Flair Hunt Company

 

Electronic Communication

You consent to receive communications from Flair Hunt electronically. We will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in “writing.” Notice will be deemed given 24 hours after it is posted on any of the Websites or sent via email. Alternatively, Flair Hunt may still decide to provide notice by certified mail to the address provided in a User’s payment information.

 

Third Party Features and Services

The User understands and agrees that this website may include skills or services provided by any related party of Flair Hunt or third party. The User understands and agrees that Flair Hunt does not explicitly or implicitly undertake or guarantee the legitimacy or effectiveness of behaviors of the providers of the third-party skills/services or the User, or the legitimacy, accuracy, effectiveness or safety of the third-party skills/services. Flair Hunt does not supervise the third-party skills/services, have any control right, provide the warranty or guarantee in any form for the third-party skills or services, or bear any liability. Any controversy or dispute between the User and a provider of any third-party skill or service shall be settled by the User and the said party as per the business processes and regulations of the provider of the third-party skill/service, and Flair Hunt will not bear any liability.

 

Modification of this Agreement

Flair Hunt has the right to amend the clauses of this Agreement if and when necessary. Once any clause of this Agreement is amended, the amended clause will be published on the relevant page. You should proactively cancel related services if he or she disagrees with any amendment. You will be deemed as having accepted the amendment if he or she continues to use the service.

 

Liability for Breach of this Agreement

Flair Hunt has the right to determine whether the User’s behavior complies with the provisions of this agreement. If the User is considered to have violated relevant laws and regulations or the provisions of this agreement and relevant rule, Flair Hunt has the right to remove the violating information, as well as, restrict, suspend, terminate the User’s access to the website, investigate the User’s legal responsibilities and take other measures that Flair Hunt deems appropriate. The User shall bear full responsibility for causing any loss incurred to Flair Hunt ( including but not limited to receiving any third party claims or penalties from any administrative department).

 

Miscellaneous

  • The titles of each paragraph are written only for the convenience of reading and they cannot be used as a basis for the interpretation of the Agreement.
  • If some provisions of this Agreement cannot be applied for some reasons, the others remain valid and are binding on both parties.
  • Flair Hunt agrees to provide the service to the subscriber only for the duration contracted for to the best of its ability.
  • Flair Hunt reserves its right to suspend/terminate the services contracted for by the subscriber either prior to or during the contracted period without assigning any reason. In such an eventuality, any amount so paid for by the subscriber for this service, may be refunded by Flair Hunt to the subscriber at the discretion of Flair Hunt.
  • Flair Hunt shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.
  • Flair Hunt would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond Flair Hunt’s reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.
  • Flair Hunt will commence providing services only upon receipt of amount/charges upfront either from the subscriber or from a third party on behalf of the subscriber.
  • Flair Hunt reserves its right to change the look, feel, design, prominence, depiction, classification of any section of FlairHunt.com at any time without assigning any reason and without giving any notice.
  • This subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual.
  • The subscriber shall be assigned a password (s) by Flair Hunt to enable the subscriber to access all the information received through the platform, but the sole responsibility of the safe custody of the password shall be that of the subscriber and Flair Hunt shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party.
  • The User / Recruiter of this platform / website does not claim any copyright or other Intellectual Property Right over the data uploaded by him/her on the website.

Profanity Policy

Flair Hunt prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text used in the profiled of the Users and all other areas of the site that another User may view.

Please report any violations of this policy to the correct area for review:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Flair Hunt will consider the circumstances of an alleged policy violation and the user’s records before taking action.

Violations of this policy may result in a range of actions, including:

  • Limits placed on account privileges;
  • Loss of any special status;
  • Account suspension

Flair Hunt shall have the right to delete a User’s account at its sole discretion, if it is of the opinion that the account contains offensive language as stated above. Further, such suspension and or deletion of account shall not be liable for any refund of the subscription amounts paid to Flair Hunt and the same shall stand forfeited.

 

Proprietary Rights

Flair Hunt owns, operates, licenses, controls, and provides access to the Websites. You acknowledge and agree that Flair Hunt, and its licensors, retain all right, title and interest in and to all past, present and future Content, excluding User Provided Content (as defined below), applications, software, content and materials provided on or through the Websites (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Websites, the compilation of all content and materials on the Websites, and the business process, procedures, methods and techniques used in the Websites) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.

Flair Hunt, the Flair Hunt logo, Flair Slogan, Term “FHC” are the registered or common law or trademarks of Flair Hunt Company, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Websites are the property of Flair Hunt Company unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other applicable laws for the time being in force. Flair Hunt’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Flair Hunt. All rights are expressly reserved.

All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Websites are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Flair Hunt to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Flair Hunt, no rights (either by implication, estoppel or otherwise) in or to the Websites or their contents are granted to you.

 

User Provided Content

Portions of the Websites may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Websites (“User Provided Content”). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. For User Provided Content, Flair Hunt is merely hosting and providing access.

The decision to submit User Provided Content to the Websites is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Flair Hunt, you agree to furnish Flair Hunt with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.

Flair Hunt cannot vouch for the validity, accuracy or credibility of any User Provided Content, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Websites. Through your use of the Websites you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. Flair Hunt does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Websites, you assume all associated risks, and Flair Hunt expressly disclaims any and all liability in connection with User Provided Content.

In addition, you grant to Flair Hunt, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that Flair Hunt may publish or otherwise disclose your name in connection with your User Provided Content.

You acknowledge, consent and agree that Flair Hunt may access, preserve and disclose account information and User Provided Content that you provide if Flair Hunt is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Flair Hunt, its employees, partners and agents or members of the public.

Flair Hunt undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Websites. You acknowledge, consent and agree that Flair Hunt, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, for any reason whatsoever, including but not limited to User Provided Content that Flair Hunt deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that Flair Hunt believes to be in violation of these Terms of Use.

You are solely responsible for all User Provided Content that you make available via the Websites. Under no circumstances will Flair Hunt be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Websites including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Provided Content. In addition, you hereby release Flair Hunt from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms of Use, Flair Hunt acquires no title or ownership rights in or to any User Provided Content you submit and nothing in these Terms of Use conveys any ownership rights in the User Provided Content you submit to Flair Hunt.

 

Third Party Content and Linked Sites

Third parties, including Users, provide some of the Content of the Websites. Flair Hunt makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer opportunities, goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. Flair Hunt will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Flair Hunt makes no warranty concerning, is not responsible for and does not endorse any third party provided opportunities, goods, services or other materials, and you agree that any recourse for dissatisfaction or problems with those opportunities, goods, services or other materials will be sought from the third party provider and not from Flair Hunt.

Descriptions of, or references to opportunities, products, services, materials or publications within the Websites do not imply endorsement by Flair Hunt of that opportunity, product, service, material or publication. The Websites may include links to other sites that are not maintained by Flair Hunt. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Flair Hunt is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Flair Hunt shall have no liability for any loss or damage arising from your use of any such sites.

 

Limited License

Subject to your compliance with these Terms of Use, Flair Hunt grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

  • View and listen to the Content contained on the Websites;
  • Create profile pages on the Websites for non-commercial and private use;
  • Participate in the Websites’ community areas and communicate with other Users; and
  • Download the Content contained on the Websites onto a computer or other personal electronic device for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.

In addition to the foregoing, you may not use the Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by Flair Hunt, you agree not to re-transmit, disclose or distribute any Content to any other person, organization or entity. You expressly agree that the Services and Content shall be used solely for your own benefit and that the Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Services are subject to change without notice to you.

You may not take any action to jeopardize, limit or interfere with Flair Hunt’s ownership of and rights with respect to the Websites or any Content. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any Content, or any other use of such Content, except pursuant to the foregoing express limited grant of rights, is strictly prohibited. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You acknowledge that any unauthorized copying or unauthorized use of the Websites or of any Content is a violation of these Terms of Use and is strictly prohibited. Violation of this limited use license may result in immediate termination of your access and use of the Websites and may result in legal action against you.

 

Restrictions of Use

The Websites is provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:

  • alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or
  • manipulate the Websites in any way not intended and directed by Flair Hunt; or
  • copy or seek to copy or “rip” any audio, video or audiovisual content from the Websites; or
  • exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of Flair Hunt, including, for example, inserting your own or a third party’s advertising, branding or promotional content into the Websites’ contents, materials or services; or
  • upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
    • any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in Flair Hunt’s sole discretion is otherwise objectionable; or
    • information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
    • material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Websites, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
    • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
    • use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
    • impersonate another person or entity; or
    • engage in any conduct that in Flair Hunt’s sole discretion restricts the ability of any other person to enjoy the use of the Websites; or
    • solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.

Platforms for Users

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:-

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which You do not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophiliac, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • is misleading in any way;
    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophiliac, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
    • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • contains video, photographs, or images of another person (with a minor or an adult).
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • engages in any commercial activities without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes. Throughout this Terms of Use, Flair Hunt’s prior written consent means a communication coming from Flair Hunt’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
    • interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
    • refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    • violates any law for the time being in force;
    • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    • threatens the unity, integrity, defence, security or sovereignty of India or any state, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • shall not be false, inaccurate or misleading;
    • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
    • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers:-
      1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
      2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
      3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
      4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Flair Hunt, Flair Hunt Company, FHC, www.flairhunt.com and its Partners and Affiliates , or otherwise engage in any conduct or action that might tarnish the image or reputation, of Flair Hunt on platform or otherwise tarnish or dilute any Flair Hunt ‘s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Flair Hunt ‘s systems or networks, or any systems or networks connected to Flair Hunt.
      5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
      6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
      7. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flair Hunt and / or others.
      8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT/GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, the services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
      9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
      10. From time to time, You shall be responsible for providing information relating to your profile as registered herein. In this connection, You undertake that all such information shall be accurate in all respects. You shall not put in any wrong information about you (including but not restricted to your date of birth, current location, photographs, experience etc) so as to mislead us/recruiters/other Users in any manner.
      11. xi. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or approach to another person other than Us without Our prior explicit consent. In order to protect Our Users from such solicitation, We reserve the right to restrict the use of this platform in the manner We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  • You further understand and acknowledge that the user account opened as a Talent and operated by you shall be in the sole name of the individual and should not belong to any firm, proprietary concern, company, association of persons, LLPs or any other legal entity. In the event Flair Hunt reviews any such account belonging to any firm, proprietary concern, company, association of persons, LLPs or any other legal entity other than an individual then in such scenario Flair Hunt reserves the exclusive right to suspend/terminate/revoke such user account with immediate effect without any further notice to the concerned user. Further, the subscription amount so paid shall be forfeited.We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Flair Hunt shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Flair Hunt views. In no event shall Flair Hunt assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
    • Your correspondence or business dealings with, or participation with the Talent Scouts for the various jobs found on or through the Platform, are solely between You and such Talent Scouts. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such recruiters on the Platform.
    • It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
    • Flair Hunt shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
    • Flair Hunt reserves the right to verify your account opened in the website / platform on a timely / periodic manner. You are further obliged to provide to Flair Hunt your KYC documents (such as copy of PAN Card, Aadhar Card, Passport etc). In the event Flair Hunt observes that the account used by you does not comply with your actual KYCs, or you provide false KYCs in order to mislead Flair Hunt and the various users of the platform then in such scenario Flair Hunt shall be at liberty to proceed against you in the civil / criminal court having such jurisdiction as per the then applicable provisions of law. Violations of this policy may result in a range of actions, including:
      1. Limits placed on account privileges
      2. Loss of special status
      3. Account suspension.

Flair Hunt shall have the right to delete a User’s account at its sole discretion, if it is of the opinion that the account contains false KYC documents. Further, for such suspension and or deletion of account shall not be liable for any refund of the subscription amounts paid to Flair Hunt and the same shall stand forfeited.

 

Platform for Talents and Talent Scouts

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Flair Hunt is not and cannot be a party to or control in any manner any transaction between the Talents and Talent Scouts

Henceforward

  • Flair Hunt does not make any representation or Warranty as to specifics of the jobs/opportunities offered on this platform. Flair Hunt does not implicitly or explicitly support or endorse the various jobs/opportunities offered by the scouts on this platform.
  • Flair Hunt is not responsible for any non-performance or breach of any contract entered into between the Talent and the Scout. Flair Hunt does not guarantee that the concerned scout will perform any act as concluded on this platform.
  • Flair Hunt does not make any representation or warranty as to the specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
  • Flair Hunt is not responsible for unsatisfactory performance of the Talents or Artists or damages or delays as a result of such unsatisfactory performance.

 

Terms for Talent Scouts

You as the scouts shall comply with the following additional terms in accessing with any portion of this website:-

  • You will comply with all applicable data protection laws in relation to the processing of personal data; and not process personal data in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and this terms and conditions
  • You shall implement adequate technical and organizational controls to protect the shared personal data obtained from the Company against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
  • You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as relevant under privacy laws applicable) in an expeditious and compliant manner
  • You agree that the responsibility for complying with a data subject /data principal request lies with the Party which holds/processes the Personal Data collected/shared
  • You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from the Company to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
  • You shall retain or process shared Personal Data for no longer than is necessary to carry out the agreed purposes.
  • You shall act as an independent Data Controller in respect of shared personal data obtained from the Company once the data is collected by You and You shall be responsible for its secure use at all times.
  • The Recruiter shall give an undertaking to Flair Hunt that the jobs & opportunities sought to be advertised on the flairhunt.com are in existence, genuine and the recruiter has the authority to recruit /advertise for such vacancies
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