Use of the Platform or Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Millennial Living Pvt Ltd website located at Upfluen.com, and all associated sites linked to Upfluen.com, or any similar platform (hereinafter collectively, the Upfluen Platform, on any device and/or before availing any services offered by us on the Upfluen Platform. For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all our Services.
By registering on, accessing, browsing, downloading or using the Upfluen Platform for any general-purpose or for the specific purpose of availing any of our Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Upfluen Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific T&Cs in relation to any Upfluen Service or any future service that may be offered by Upfluen on the Upfluen Platform. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Upfluen Platform and immediately terminate Your availing our Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Upfluen Platform or a customer or beneficiary of the Upfluen Services. All services are rendered by Millennial Living Pvt Ltd through the Upfluen Platform under the brand name “Upfluen” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Upfluen, regarding Your use of Upfluen’s digital services, or any such other services which may be added on the Upfluen Platform and which will henceforth be an Upfluen Service, from time to time. As long as You accept and comply with these T&Cs, Upfluen grants You a personal, nonexclusive, non-transferable, limited, revocable privilege to enter and use the Upfluen Platform and/or avail the Upfluen Services.
You agree to indemnify, save, and hold Millennial Living Pvt Ltd, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:
(i) Your use or misuse of the Upfluen Services or of the Upfluen Platform;
(ii) any violation by You of this Agreement or the SSOID Agreement; or
(iii) any breach of the representations, warranties, and covenants made by You herein.
Millennial Living Pvt Ltd reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate in defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Upfluen and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Upfluen or through the Millennial Living Pvt Ltd Services or the Upfluen Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “Upfluen” includes Millennial Living Pvt Ltd’s officers, directors, employees. You expressly agree that the use of the Upfluen Services on our Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. We do not warrant that our Services will be uninterrupted or error-free or that defects in the site will be corrected. The Upfluen Services and our Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Millennial Living Pvt Ltd , and its partners do not warrant that the data, our software, functions, or any other information offered on or through our Services/ our Platform or any reference sites/ platforms/ services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through Our Services/ Our Platform or any reference sites/ platforms/ services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive the termination of this Agreement. In no event will Millennial Living Pvt Ltd be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information and the like) arising out of the use of or inability to use Our Platform.
Ownership & Proprietary Rights
Upfluen Services and Our Platform are owned and operated by Millennial Living Pvt Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), services, and all other elements of Our Services and Our Platform are protected by international conventions and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to remove, obscure, or alter any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Our Services/ Platform. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the services. Upfluen reserves all rights not expressly granted in this Agreement. If You have comments regarding Our Services and/or Our Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Millennial Living Pvt Ltd, and shall assign to Millennial Living Pvt Ltd, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Dispute Resolution & Governing Law
If any dispute, controversy or claim arises under this Agreement or in relation to our Service or our Platform, the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Millennial Living Pvt Ltd may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore and the language of this arbitration shall be English. The arbitration shall be confidential, and you may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Millennial Living Pvt Ltd. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Millennial Living Pvt Ltd must be resolved by a court having jurisdiction in Bangalore, India.