GENERAL TERMS OF USE

Welcome to Practically – through the website https://www.practically.com or https://www.3rdflix.com the app “Practically” on iOS/Android (the “Product”). This Product is owned and operated by 3rdFlix Visual Effects Pvt. Ltd., a company incorporated in India, having its registered office at 2nd Floor, Signature Towers, Kondapur, Hyderabad, India-500081 (the “Company” or “Us” or “We”, which expression would mean and include its officers, successors and permitted assigns). The Product is an online technology platform for providing educational content and materials (“Services”).


1. APPLICABILITY AND AMENDMENT OF TERMS

1. These terms and conditions of use (“Terms of Use” or “Terms”) and the privacy policy available at “Privacy Policy” apply to all visitors and users of the Product(s) (“Users” or “You”). We request You to carefully go through these Terms and the Privacy Policy before you decide to access this Product or use the Services. These Terms and the Privacy Policy need to be read together and constitute the agreement (“Agreement”) between You and the Company in connection with your visit to the Product and Your use of the Services.
2. Your use of the Product or the Services will signify your acceptance of the Agreement. If the terms of the Agreement are not acceptable to you, please avoid visiting the Site or availing the Services.
3. We reserve the right to modify or terminate any portion of the Product or the Services or amend the Agreement, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms periodically. The Company may require you to provide your consent to the Agreement or the Terms, as updated, in a specified manner before any further use of the Product and the Services. If no such separate consent is sought, your continued use of the Product will constitute your acceptance of such changes.
4. Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.

2. REGISTRATION AND ACCESS

1. Some Services will need you to register on the Product and open and maintain an account (“Account”). Some will not. You are free to use the Services that do not require you to open or maintain an Account without having to open one.
2. Opening and operating Accounts will require You to apply rules in determining who will have access and the nature of the access available to each such person.
3. When you use the Product, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to devices that You use to access the Account to prevent unauthorized access to your account. It is your responsibility to keep your Account information current and accurate. Please (a) ensure that You exit from your account at the end of each session, and (b) immediately Notify Us of any unauthorized use of your Account or any other breach of security. While we cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by Us or any other user of or visitor to the Product due to authorized or unauthorized use of your Account as a result of your failure to keep your Account information secure and confidential.
4. We reserve the right to refuse access to the Product, to terminate Accounts, remove or edit content at our discretion.
5. We will try to make the Product error-free. Your access to the Product may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.

3. PRODUCT CONTENT

1. We grant You a limited license to access and make personal use of this Product. However, all information, content and material contained in the Product is and continues to be Company’s intellectual property. Further, all trademarks, services marks, trade names and trade secrets are proprietary to the Company. No information, content or material from the Product may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorised use terminates the permission or license granted by us in terms of the Agreement.
2. You expressly understand and agree that:
3.2.1. The information, content and material on the Product and / or Service is provided on an “as is” and “as available” basis. The Company and its subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement;
3.2.2. The Company does not warrant that (i) the functions contained in any content, information and material on the Product, including, without limitation any third party sites or services linked to the Product and / or that the Service will be uninterrupted, timely or error-free, (ii) the defects will be rectified, or that the Product or the servers that make such content, information and materials available are free of viruses or other harmful components 3.2.3. Any material downloaded or otherwise obtained through the Product is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system; and
3.2.4. The Company cannot and will not assure you that other users of the Product are or will be complying with the foregoing rules or any other provisions of these Terms of Use. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

4. REPRESENTATIONS AND WARRANTIES BY THE USERS

1. By using the Product, you represent and warrant that
(a) You are competent to contract, (which in the case of individuals implies that you are a “major”),
(b) You are eligible to avail of the Services (which in the case of corporate persons assumes that you have necessary internal approvals),
(c) Your use of the Services conforms to law as applicable to You and
(d) all information provided to Us You is true, factual and accurate and you agree to maintain the accuracy of such information.
2. In case a minor uses the Product, we assume that such use is as per the guidance and under the supervision of an you as an adult (a person above 18 years of age) or a guardian
3. You agree to ensure compliance with the Agreement at all times.
4. The Company reserves the right to terminate the Services including suspending your Account if You are in breach of Your obligations to Us, violate any law in availing the Services or breach your representations and warranties to us.
5. You shall indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Product or the Services and / or the violation of the Agreement by you.

5. CONDITIONS OF USE

1. You shall use this Product for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Product.
2. You will not (a) modify any content of the Product unless you are authorised to do so; and (b) decompile, reverse engineer or disassemble the content; (c) use the Service in any way that is unlawful or harms the Company or any other person or entity, as determined in Company’s sole discretion; (d) make false or malicious statements against the Services or Product or the Company; (e) post, copy, submit, upload, distribute or otherwise transmit or make available any software or other computer files that contain a virus or other harmful components, or otherwise impair or damage the Product and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Product and / or the Services; (f) engage in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet; (g) post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (h) delete or modify any content of the Product and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify; and (i) host, display, upload, modify, publish, transmit, update or share any information that (i) belongs to another person and to which the user does not have any right; (ii) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations between foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

6. LINKS TO THIRD PARTY PRODUCTS

The Product includes links to other Products whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of the third party Product, the Product’s provider, or the information on the third party Product. If the users access or submit personal information to any of those Products, such access and information will be governed by the terms of use and privacy policies of such third party Products and the Company disclaims all responsibility or liability with respect to the terms, policies or the Products. The users are encouraged to carefully read the terms and privacy policy of any Product that they visit.

7. LIMITATION OF LIABILITY

1.You acknowledge and undertake that you are accessing the Services through the Product, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Product.
2.All transactions done with the Company are full and final. No refund requests will be acknowledged by the company.
3.To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, resulting from any circumstances, including (a) the use or the inability to use the Services; or (b) unauthorized access to or alteration of your transmissions or data; (c) any other matter relating to the Product and / or Services. The above limitations shall apply irrespective of whether the Company was aware (whether by Notification by You or otherwise) or could have foreseen the damages and losses You would suffer.
4.Without prejudice to the generality of the above, the maximum liability of the Company for any damages to You under all heads (whether related or unrelated and together with any person claiming through, with or under You) shall be be limited to the fee and charges, if any paid by You to the Company for a period of one year prior to Your claims.
5.We shall neither be liable nor responsible for any actions or inactions of the other users of the Product nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Product.
6.Further, none of the directors, officers or employees of the Company shall be personally liable for any action in connection with the Product or the Services.

8. COPYRIGHT AND DATABASE RIGHTS

1. All content included on the Product, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its content suppliers.
2.The compilation of all content on the Product is the exclusive property of the Company.
3.All software used on this Product is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the Product without the Company’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Product, without the Company’s prior and express written consent.
4.You shall not create and/or publish your own database that features substantial parts of this Product [(e.g. prices and product listings)] without the Company’s express written consent. You further agree not to access or use this Product in any manner that may be harmful to the operation of this Product or its content.

9.TRADENAMES

Practically, 3rdFlix, Miki and other marks indicated on the Product are trademarks or registered trademarks of the Company in India. All other trademarks not owned by the Company that appear on this Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

10.TERMINATION

In case of non-compliance with the Terms of Use or Privacy Policy or in the event any other user reports violation of any of their rights as a result of your use of the Services, the Company reserves the right to immediately
(a) suspend or terminate your access to the Product with or without notice to you; and
(b) to remove such non-compliant information from the Product; and
(c) to exercise any other remedy available under law.
Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Product. Upon suspension or termination, your right to avail the Services and access to the Product will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you.

11. GOVERNING LAW AND JURISDICTION

11.1The Agreement and all transactions entered into and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that subject to other sections of this paragraph, courts in the Hyderabad Urban District India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of the Product or the Services. 11.2Disputes between You and the Company that are not resolved amicable that relate in manner to this Agreement or arising due to Your use of the Services shall be resolved by arbitration by a sole arbitrator to the dispute. The sole arbitrator shall be appointed by the Company and must be a retired judge of a High Court in India or the Supreme Court. The seat of arbitration shall be Hyderabad, India.

12. Miscellaneous.

1. Severability. If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. The Company may also replace such offending provision with an alternate one that is as close to the original provision as possible but yet valid and enforceable. The alternate provision shall take effect from the date on which the original offending provision has been included.
2.Abuse. If You come across any abuse or violation of the Terms of Use or if you become aware of any objectionable content on the Product, please contact us at http://www.practically.com/contact
3.The Privacy Policy (which forms a part of the Agreement) sets out the privacy practices of the Product. The Privacy Policy has been published in accordance with the provisions of the Information Technology Act, 2000 and the applicable rules made thereunder. In accessing this Product and availing the Services provided herein, you confirm that you have read, fully understand and accept the Privacy Policy.
4.Newsletters and Communications. You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Product.
5.Waiver. No term of the Agreement will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by Company, or waiver of a breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
6.Force Majeure. We will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises from any cause which is beyond our reasonable control.
7.Electronic Record. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. 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 the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Product.

8.Updation of Terms of Use: Company reserves the right to update the terms of use document and any other related material in this document at any time and same will be duly notified by written communication to all active users within (7) seven days of the issued update.
9.Product Tenure: Unless expressly notified by the Company through a separate written contract, maximum tenure for the service and consumption of the Product is three (3) years from the date of transaction.
10.For any contest and campaigns, refer to additional terms and conditions at www.practically.com/contests.
11.Complete Understanding. The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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