This user agreement describes the Terms and Conditions, which are applicable between by CoolBoots Media Private Limited and each individual, who accesses Flikk in any manner as set out impliedly or expressly in this User Agreement.
TERMS & CONDITIONS:
Flikk a mobile application, which is operated and owned by CoolBoots Media Private Limited, (hereinafter the Company may be referred to in these Terms and Conditions as “we”, “us” and “our”. The term 'you' refers to the user, visitor or viewer or registered user of the website/ app. This User Agreement describes the terms and conditions, applicable to each individual, who accesses and/or installs “Flikk” from Google play store.
Flikk is a mobile application that operates in India.
INSTRUCTIONS TO USERS:
Our services are available only to and can only be used by an individual who can form legally bind contracts and is not a person barred from receiving services under the applicable laws in India. The term individual shall not include individuals such as Company, partnership, trusts, Business entities, clubs, associations, NGOs, organizations, governing bodies or other all fictitious legal creations. Transferability: Your User ID and password cannot be assigned, transferred, changed or sold to other registered user or any third party.
If you do not qualify, you may not use our service or access our platform. You also agree to provide true, accurate, current and complete information about yourself as prompted by the app registration form and profile page. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and restrict your access to all current or future use of our services and cancel all your recharges, reward, rent etc earned/collected/available in app wallet or any wallet associated with our app(or any portion thereof). If you use our services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password. You agree to inform us immediately about any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
INDEPENDENT CONTRACTOR'S STATUS:
This Agreement contemplates the creation of a relationship of independent contractor by and between Flikk and end users; with User as Contractor, and Flikk as Contractee. Nothing herein is intended to create, nor should be construed as creating, the relationship of employer and employee.
Project opportunities are offered by varying means on an as needed, rotating basis. User may choose to accept or reject any proposed project. You agree and understand we have the option and choice to ask for your services as an independent contractor in performing said services, or not. You, in turn, have the right to accept or not to accept any project posted. User also understands that Flikk may share their details (partial/complete) with organizations whose tasks they complete in order to reward them.
User's earnings shall be based solely on the following conditions which may change from time to time as per our discretion. As if now, it is -
Keeping & using Flikk for 15 days and 15 days will be calculated for each user from the date of registration and not from calendar month or install.
Reward points can either be in form of cash or bitcoins. We do not ask our users to add any money to their Flikk wallet, which in turn they can use to buy bitcoins. Also, we do not allow our users to transfer the bitcoins earned to any other private or public key (any other bitcoin wallet). The bitcoins earned using Flikk can be converted either into mobile recharge (or mobile bill payment) or PayTM cash. There is no way a user can transfer these bitcoins to any other wallet or there is no pay a user can receive bitcoins in the Flikk wallet, at the same time there is no way for a user to deposit cash in their Flikk wallet and then purchase more bitcoins from Flikk. Bitcoins is just a medium in which the user receives his/ her rewards points which they get when they use Flikk. Also, we do not create a private or a public bitcoin wallet key for our users.
We do not offer rewards for each project / activity executed as we offer fixed mobile recharge after every 15 days which can be changed any point of time as per our discretion and shall be informed, number & quality of acceptable reports received by Flikk from its clients (advertisers). Flikk is not liable for rewards lost or not credited in user’s wallet due to internet connectivity issues, bugs in the Flikk system or any other factor.
Reward points, amount or money credited to user in the Flikk wallet or instant wallet will also expire in case of 45 days of inactivity, in other words if a user doesn’t visit Flikk app at least once in 45 days then the user will be considered inactive and all amount or points in the wallet will expire.
Mobile recharges or other rewards redeemed by users are completed using a third party application. Flikk is not responsible for failed or unsuccessful recharge or reward transfer transactions and repayment of the same.
CANCELLATION OF RENT/REWARD:
Please note that there may be certain rent/reward that we are unable to disburse or process and may cancel or reduce without any prior information to you. We reserve the right, at our sole discretion, to refuse, reduce or cancel any rent/reward for any reason including but not limited to fraudulent activity, click fraud, using bots or automated programs to submit tasks, improper use of mobile app, making fake registrations or any violation of our terms and conditions. We may also require additional verifications or information before accepting any request to claim rent/rewards.
Access to certain areas of this app is restricted. You agree that you shall not interfere with or damage (or attempt to interfere or damage) any code, data or software associated with Flikk. We reserve the right to restrict access to other areas of Flikk, or indeed this entire app, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of this mobile app or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password or account associated with Flikk at our sole discretion without notice or explanation.
We reserve the right to recover the cost of monetary loss, loss of business time, and lawyer(s) fees from person(s) using the app fraudulently. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Flikk and any other unlawful acts or omissions in breach of these terms and conditions.
LIMITATIONS OF AUTHORITY:
User shall have no authority to bind, obligate, or commit Flikk in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by Flikk in writing.
DISCLAIMER OF WARRANTY:
Any information contained on Flikk platform or website is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website (including rent, recharges, reward transfers and payments) or the information, products, services, or related graphics contained on the app and website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event we shall be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this Flikk app and website. Through this mobile app you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the app up and running smoothly. However, we take no responsibility for, and shall not be liable for, our app and services being temporarily unavailable due to technical issues beyond our control or whatsoever.
LIMITATION OF LIABILITY:
We shall not be liable for failure in transfer of rental income, incomplete or failed transaction, reduced wallet amount, and canceling user’s accounts. We shall not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Flikk, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. You expressly understand and agree that Flikk and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from use of the site. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
You agree to indemnify and hold Flikk (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of the terms and conditions, or your violation of any applicable laws or the rights of a third party.
The trademarks, logos and service marks ("Marks") displayed in the mobile app or on the Site are the property of Flikk and other respective entities. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Flikk or such third party which may own the Marks. All information and content including any software programs available on or through the site and app ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site and app for commercial or public purposes.
In the event any dispute, arbitration, or litigation arises out of, in connection with, or as the result of any act performed by User pursuant to this agreement, or failure to perform, as the case may be, User shall cooperate fully with Flikk in an effort to resolve same. User agrees to indemnify and hold Flikk harmless of and from any and all claims, demands, suits, and liabilities, including costs and attorney's fees, to which Flikk may be subjected by reason of or in connection with any proceeding arising out of the conduct or omissions of user. It is the policy of Flikk to avoid litigation whenever possible but the decision whether or not to enter into or maintain litigation shall be the decision of Flikk alone. This obligation shall survive the termination or expiration of this Agreement. These terms and conditions shall be governed by and construed in accordance with the rules, regulation and laws of India and any disputes relating thereto shall be subject to the only and exclusive jurisdiction of the courts of Gurgaon.
All the users shall agree and undertake to comply with any law, rule, regulation or directive made by the Government or any regulating authority to regulate the use or circulation of Bitcoin.
Flikk will provide user with instructions and forms designed to assist user in completing a task for Flikk, all of which shall remain Flikk's property.
User will not, on behalf of himself or any third party, employ, or seek to employ any person employed by or engaged by Flikk and its team around the world, or otherwise directly or indirectly induce such persons to leave their employment or independent contractor position thereat.
While User is working for Flikk, and thereafter, User will hold in the strictest confidence, maintain as confidential, and not disclose to any third party, the following: Any and all information concerning Flikk's present or former customers, including their names and identities, locations and addresses, their employees and representatives, business practices, as well as the information sought to be gathered, and actually gathered, in connection with the services provided by Flikk to its customers.
Any and all information concerning Flikk's employees and representatives, as well as any information designated orally or in writing as confidential by Flikk regarding Flikk's sales methods, plans, and records, Flikk's collections on behalf of its customers, all written communications, training and marketing materials, and all other like documents not disseminated to the general public, including computer programs and printouts, as well as any other confidential information regarded by Flikk as a trade secret or otherwise protected from disclosure under applicable law. User may, in accordance with the foregoing, use such information solely as necessary in User's work for Flikk.
Either party may, at any time, terminate this Agreement for any reason or for no reason at all. However, each shall continue to comply with any and all obligations of this Agreement that are intended to survive its termination or expiration.
User understands that in the event of termination or expiration, User will not receive the balance due to User for tasks that Flikk has deemed acceptable. Since we work on cycle of 15 days, if user choose to withdraw before completion of 15 days, shall not be entitled to any reward from Flikk and User shall deal with each other fairly and in good faith relative to this Agreement.
Also, in case if user uninstalls App and re-install it with the same mobile number, he/she will not be able to claim previous balance and he/she will start with a new Flikk cycle of 15 days.
User further understands that if User has participated in any incentive promotion pursuant to which User may be entitled to a bonus, trip, or any kind of award/ rewards, User will not be entitled to same if it was not actually received prior to the date of termination. Flikk may terminate User accounts without prior notice if any suspicious activity is found which come in the way of natural or intended functioning of Flikk. Termination of user accounts with or without cause shall be at sole discretion of Flikk.
BREACH OF AGREEMENT:
User understands and agrees that any breach or threatened breach by User of the non-competition and non-disclosure provisions contained in this Agreement will cause Flikk substantial, irreparable harm which is difficult to measure, and that Flikk therefore may obtain an injunction against such conduct and User consents thereto. This right is in addition to any other rights Flikk may have against User for breach of this Agreement. Therefore, whenever Flikk may apply for restraining order or injunction against User for breaching or threatening to breach this Agreement as described above. User waives any notice to which User may be entitled and consents to such restraining order or injunction. If Flikk proceeds against User before the court having jurisdiction over this agreement for any cause of action arising out of this Agreement, User agrees that such court may exercise personal jurisdiction over User. In the event of any breach of this Agreement by User, User agrees to pay Flikk all losses and damages sustained as a result thereof, as well as court costs, attorney fees, and related expenses. Without prejudice to our other rights under these Terms and Conditions, if you breach these terms and conditions in any manner, we may take such action as deems appropriate to deal with such breach, by blocking your account, suspending your access to the mobile app and website, prohibiting you from accessing the mobile app and website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or take any legal action against you. The failure of Flikk to act with respect to a breach by you or others, we do not waive our right to act with respect to previous, subsequent or similar breaches.