Terms and Conditions
Please read these Terms carefully before using this mobile
application (“Mobile Application”). By using this Mobile
Application, you acknowledge that you have read, understood, and
agreed to be bound by the Terms contained on this page, which govern
Fortune Global’s relationship with you in relation to this Mobile
Application. Fortune Global, a company incorporated under the laws
of India, may revise and update these Terms from time to time. Your
continued usage of the Mobile Application is considered as an
implied acceptance of the changes, and that you agree to abide by
the changed Terms. In these Terms, references to "you", "your",
"User(s)", "they” shall mean the end user (including its successors
and permitted assigns) accessing the Mobile Application and its
contents; "we", "us" and "our" shall mean Fortune Global; and
"party", "parties" shall mean you and/or Fortune Global. as the
context may require.
INTRODUCTION
Use of the Mobile Application is offered to you conditioned on
acceptance without modification of all the terms, conditions, and
notices contained in these Terms, as may be posted on the Mobile
Application from time to time. Fortune Global. at its sole
discretion reserves the right not to accept a User from registering
on the Mobile Application without assigning any reason thereof.
REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Platforms and/or avail
Services thereof, you will have to register on the Platform.
Registration is a one-time process and is free of cost.
2.1.1 You may register on Fortune Global by providing the relevant
information for the creation of your account on Fortune Global Pvt.
Ltd. and after filling in the necessary forms and providing the
necessary details as may be required by us at the time of your
registration. You can enter your phone number then enter the OTP
received on your device, fill your personal details & account is
ready to use.
USER ACCOUNT, PASSWORD, AND SECURITY
Upon downloading the Mobile Application, you will be required to
enter your Official phone number and OTP for log-in. You are
responsible for maintaining the confidentiality of your account and
are fully responsible for all activities that occur under your
account. You agree to (a) immediately notify Fortune Global Pvt.
Ltd. of any unauthorized use of your account or any other breach of
security and (b) ensure that you exit from your account at the end
of each session. It may be noted that this Mobile Application once
opened will be active in the background and will only stop upon log
out or device switch-off. Fortune Global will not be liable for any
loss or damage arising from your failure to comply with this clause.
PRIVACY POLICY
The User hereby consents, expresses, and agrees that he has read and
fully understands the Privacy Policy of Fortune Global The User
further consents that the terms and contents of such Privacy Policy
are acceptable to him.
CHANNEL SUBSCRIPTION
By providing your data, you agree to be communicated by us via email
to facilitate your navigation of the Mobile Application. We may
communicate updates and uploads periodically and as and when
required.
USER CONDUCT AND RULES
You will not, nor will allow third parties acting on your behalf
to:
1- Make and distribute copies of the Mobile Application
2-
Attempt to copy, reproduce, alter, modify, reverse engineer,
disassemble, decompile, transfer, exchange, or translate the Mobile
Application
3- Create derivative works of the Mobile Application of any kind
whatsoever
You acknowledge and agree that the terms of agreement with your
respective mobile network provider will continue to apply when using
the Mobile Application. As a result, you may be charged by the
mobile network provider for access to the network connection
services for the duration of the connection while accessing the
Mobile Application or any such third-party charges as may arise.
Fortune Global. specifically denies any liability for such
charges.
You agree and undertake to use the Mobile Application only for
purposes and post and upload data/information/material that are
permitted and proper. By way of example, and not as a limitation,
you agree and undertake that when using the Mobile Application, you
will not:
Host, display, upload, modify, publish, transmit, disseminate,
update, or share any data/information/material/files that:
Belongs to another person and to which you do not have any right
Is grossly harmful, harassing, inappropriate, blasphemous,
defamatory, obscene, pornographic, paedophilic, libellous,
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
Harms minors in any way
Infringes any patent, trademark, copyright, or other proprietary
rights
Deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature
Impersonates another person
Contains software viruses, corrupt files, or any other computer
code, files, or programs designed to interrupt, destroy, or limit
the operation of the Mobile Application
Threatens the unity, integrity, defense, security, or sovereignty
of India, friendly relations with foreign states, or public order
or causes incitement to the commission of any cognizable offence
or prevents investigation of any offense or is insulting any other
nation
Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal rights of others
Conduct or forward polls, contests, or photographs posted on the
Mobile Application
Download any file posted by another user that you know or
reasonably should know cannot be legally distributed in such a
manner
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded
Violate any code of conduct or other guidelines applicable to you
Violate any applicable laws or regulations for the time being in
force in or outside India
Violate any of the terms and conditions of these Terms or any
other terms and conditions for the Mobile Application contained
elsewhere herein
Make any derogatory, defamatory, abusive, inappropriate, profane,
or indecent statement(s) and/or comment(s) about Fortune Global
Pvt. Ltd. and/or its affiliates/associates
MEMBERSHIP ELIGIBILITY
Use of the Mobile Application is available only to persons who can
form legally binding contracts under the Indian Contract Act, 1872.
Persons who are "incompetent to contract" within the meaning of the
Indian Contract Act, 1872, including minors, undischarged
insolvents, etc., are not eligible to use the Mobile Application.
Fortune Global. reserves the right to terminate your membership
and/or refuse to provide you with access to the Mobile Application
if it is brought to Fortune Global's notice or if it is discovered
that you are under the age of 18 years.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or
any proprietary material owned by a third party and so expressly
mentioned, Fortune Global. owns all Intellectual Property Rights to
and into the Mobile Application, including, without limitation, any
and all rights, title, and interest in and to copyright, related
rights, patents, utility models, trademarks, trade names, service
marks, designs, know-how, trade secrets, and inventions (whether
patentable or not), goodwill, source code, meta tags, databases,
text, content, graphics, icons, and hyperlinks. You acknowledge and
agree that you shall not use, reproduce, or distribute any content
from the Mobile Application belonging to Fortune Global. without
obtaining authorization from ABMCPL. Notwithstanding the foregoing,
it is expressly clarified that you will retain ownership and shall
solely be responsible for any content that you provide or upload
when using the Mobile Application, including any text, data,
information, images, photographs, or any other material which you
may upload, transmit, or store when making use of the Mobile
Application.
LINKS TO THIRD PARTY SITES
The Mobile Application may contain links to other websites ("Linked
Sites"). The Linked Sites are not under the control of Fortune
Global Pvt. Ltd., and Fortune Global. is not responsible for the
contents, services, or products of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. ABMCPL is not responsible for
any form of transmission, whatsoever, received by you from any
Linked Site. The inclusion of any link does not imply endorsement by
Fortune Global. of the Linked Sites or any association with its
operators or owners, including the legal heirs or assigns thereof.
Fortune Global has no specific prior review process or editorial
control over third-party content. The Users are requested to verify
the accuracy of all information on their own before undertaking any
reliance on such third-party information appearing on the Linked
Sites or otherwise.
MONITORING
Fortune Global. reserves the right, but not the obligation, to
monitor the Mobile Application to determine compliance with the
terms of this Mobile Application and any rules/policies established
by Fortune Global. to satisfy any law or regulation. The Users of
the Mobile Application are expected to update the Mobile Application
on a regular basis, so that he/she is duly aware of any change(s) in
Terms. In the event of failure to update the Mobile Application, as
and when available, the Users understand and agree that they agree
to the updated Terms by virtue of continued use of the Mobile
Application and that Fortune Global. shall not be liable in any
manner whatsoever for such failure of the User to update the Mobile
Application.
GENERAL TERMS AND CONDITIONS
You are responsible for remaining knowledgeable about the Terms as
updated from time to time. You agree to be communicated by us via
email to facilitate your navigation of and use of the Mobile
Application. We shall not be liable or responsible for
correspondence lost or delayed in the email. You represent and
warrant that all information placed by you in your profile,
including but not limited to name, address, mobile number, email
address, is correct. We reserve the right to add, modify, delete or
otherwise change the Terms without any approval, prior notice, or
reference to any User. In the event of a dispute in connection with
the interpretation of the Terms, our decision shall be final and
binding. These Terms shall be read in conjunction with the other
policies of Fortune Global. included herein by reference or
otherwise.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fortune Global Pvt.
Ltd. from and against any and all losses, liabilities, claims,
damages, costs, and expenses (including legal fees and disbursements
in connection therewith and interest chargeable thereon) asserted
against or incurred by Fortune Global that arise out of, result
from, or may be payable by virtue of any breach or non-performance
of any representation, warranty, covenant, or agreement made or
obligation to be performed by you pursuant to these Terms.
TERMINATION
Fortune Global. may suspend or terminate your use of the Mobile
Application, in its sole and absolute discretion, if you have
breached any of the Terms. If you or Fortune Global terminate your
use of the Mobile Application, Fortune Global. may delete any
content or other materials relating to your use of the Mobile
Application, and Fortune Global. will have no liability to you or
any third party for doing so.
GOVERNING LAW
These terms shall be governed by and construed in accordance with
the laws of India without reference to conflict of laws principles
and disputes arising in relation hereto shall be subject to the
exclusive jurisdiction of the courts at New Delhi, India.
HEADINGS
The headings and subheadings herein are included for convenience and
identification only and are not intended to describe, interpret,
define, or limit the scope, extent, or intent of the Terms or the
right to use the Mobile Application by you contained herein or any
other section or pages of the Mobile Application or any Linked Sites
in any manner whatsoever..
INTERPRETATION OF NUMBER AND GENDERS
The Terms herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any
pronoun shall include the corresponding masculine and feminine. The
words "include", "includes", and "including" shall be deemed to be
followed by the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof", "hereto",
"hereunder", and words of similar import refer to the Terms as a
whole.
SEVERABILITY
If any provision of the Terms is determined to be void, unlawful, or
otherwise in whole or in part, such invalidity or unenforceability
shall attach only to such provision or part of such provision, and
the remaining part of such provision and all other provisions of
these Terms shall continue to be in full force and effect.
NO AGENCY OR PARTNERSHIP
Fortune Global. and you are independent contractors. Neither party
may direct or control the day-to-day activities of the other;
neither party may create or assume any legal obligation on behalf of
the other.
NO WAIVER
A delay or omission by Fortune Global. to exercise any right or
power under these Terms will not be construed to be a waiver
thereof. A waiver by Fortune GlobalGlobal Softech Private Limited.
of any of the covenants to be performed by you or any breach thereof
will not be construed to be a waiver of any succeeding breach
thereof or of any other covenant under these Terms.
NOTICES
We may provide notice to User via official email.
NO THIRD PARTY BENEFICIARIES
User acknowledges and agrees that these Terms shall in no event be
construed as a third-party beneficiary contract, and that it is not
intended for the benefit of any person or company whomsoever except
the parties hereto.
ASSIGNMENT
Fortune Global. may assign any or all of its rights and obligations
hereunder to any party without the prior consent of or notice to
User.
Conditions of Sale
Please read these conditions carefully before placing an order for
any products. These conditions signify your agreement to be bound by
these conditions. In addition, when you use any current or future
service, it will also be subject to the terms, guidelines, and
conditions applicable to that service ("Terms"). If these Conditions
of Sale are inconsistent with such Terms, the Terms will control.
Our Contract
Your order is an offer to us to buy the product(s) in your order.
When you place an order to purchase a product from us, you will
receive a notification confirming the receipt of your order and
containing the details of your order (the "Order Confirmation"). The
Order Confirmation acknowledges that we have received your order and
does not confirm acceptance of your offer to buy the product(s)
ordered. We only accept your offer and conclude the contract of sale
for a product ordered by you when the product is dispatched to you,
and a confirmation is sent to you that the product has been
dispatched to you. If your order is dispatched in more than one
instance, you may receive a separate Dispatch Confirmation for each
instance, and each Dispatch Confirmation and corresponding dispatch
will conclude a separate contract of sale between you and us for the
product(s) specified in that Dispatch Confirmation. You can cancel
your order for a product at no cost any time before the payment for
the products has been received. In case payment has been received
and you wish to cancel the order, no refund shall be issued.
Instead, the amount can be used for future trades that may be done.
If you still wish to get a refund, cancellation charges will be
applied.
Pricing and availability
We list availability information for products sold by us on the
Mobile app, including on each product information page. Beyond what
we say on that page or otherwise on the mobile App, we cannot be
more specific about availability. Please note that dispatch
estimates are just that. They are not guaranteed dispatch times and
should not be relied upon as such. As we process your order, you
will be informed if any products you order turn out to be
unavailable. Despite our best efforts, a small number of the
products on our Mobile App may be mispriced. If a product's correct
price is higher than our stated price, we will, at our discretion,
either contact you for instructions before dispatching or cancel
your order and notify you of such cancellation.
Electronic Communications
When you use the Mobile App or send emails to us, you are
communicating with us electronically. We will communicate with you
by email or by posting notices on the Mobile App or through other
services. For contractual purposes, you consent to receive
communications from us electronically and 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, unless mandatory applicable laws
specifically require a different form of communication.
Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these
Conditions of Sale at any time. You will be subject to the policies
and Conditions of Sale in force at the time you use the Mobile App
or order products from us unless any change to those policies or
these conditions is required to be made by law or government
authority (in which case it may apply to orders previously placed by
you). If any of these conditions is deemed invalid, void, or for any
reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of the remaining
conditions.
AMENDMENTS
We reserve the right to make changes to our policies, and these
Terms of Sale at any time. You will be subject to the policies and
Terms of Sale in force at the time you order Product from us, unless
any change to those policies or these Terms of Sale is required to
be made by law or government authority (in which case it will apply
to orders previously placed by you). If any of these conditions is
deemed invalid, void, or for any reason unenforceable, that
condition will be deemed severable and will not affect the validity
and enforceability of any remaining condition.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and
us, and our relationship with you is governed by the laws of India,
without reference to any conflict of laws principles and with an
exclusive jurisdiction to the courts of Mumbai.
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