TERMS AND CONDITIONS
Terms of Use
Welcome to flourisense.in
Since we will not be meeting face to face, it is important to set out the terms of the agreement clearly in advance.
If you have any queries about our website www.flourisense.tech please do not hesitate to contact us. In this agreement, we have referred to the Flourisense service as the “service”, to you as the “user” and to our agreement as the “agreement”.
If you wish to use our “Common Needs” feature, you affirm that you are more than 18 years of age and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties consequent to the creation of the documents, and are aware of the same. Kindly call us for further assistance.
This website is owned and operated by G. No. 612, Flat No: – H-701 Sukhwani palms, Nagar RD, Wagholi, Pune, Pin code: 412207, Tel No: – 8788593832, Maharashtra, India. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
FLOURISENSE ONLY PROVIDES A MEDIUM FOR INTERACTION
Flourisense is an internet portal that facilitates communication between legal professionals and potential users of legal services. Flourisense acts as a venue for providers and consumers of legal services to exchange information with the goal of eventually forming a professional relationship. Flourisense does not guarantee that users will successfully find an advocate/lawyer/attorney through this system. Flourisense takes no position and offers no opinion on when or if a lawyer-client relationship has been formed. In order to provide an optimal forum for lawyers and clients, Flourisense does not involve itself in the agreements between lawyers and clients or the actual representation of clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The user, and not Flourisense, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates on this service.
Flourisense.tech makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the lawyers or law firms which are listed through this site or any affiliate thereof.
A) Disclaimer of lawyer-client relationship Flourisense is not an agent of any particular lawyer. It only facilitates the communication of lawyers and potential clients. Any electronic communication sent to Flourisense alone will not create a lawyer-client relationship between the user and Flourisense, such being expressly denied.
B) Flourisense does not promote any User. Flourisense seeks to help every needy litigant find a lawyer best suited to his/her needs. Flourisense is not intended to be a source of advertising or solicitation and the contents of the website should not be construed as legal advice. Flourisense may recommend a subscribing lawyer if he matches a user’s requirements, but not otherwise. Transmission, receipt or use of Flourisense does not constitute or create a lawyer-client relationship. No recipients of content from this website should act, or refrain from acting, based upon any or all of the contents of this site. We welcome the user to study the profiles of lawyers independently and make an informed choice.
C) Specifically, Flourisense does not provide any avenue for solicitation Flourisense hides information about clients from lawyers until the client communicates with the lawyer directly or online. Therefore, the lawyer is not allowed to view private information about potential clients.
D) Flourisense does not provide Legal Advice Flourisense ‘Common Needs’ feature uses only user supplied content to produce basic documents.
The information provided in the ‘FAQs’ section also does not amount to legal advice, such merely being commonly asked queries about Will making, Lease Agreement drafting, Cheque Dishonor notices, Money recovery notices, Power of Attorney to collect rent and other documents which may be added from time to time. Users are advised to consult a lawyer if they need specialized guidance on any of these documents.
E ) ‘Common Needs’- Resale of Forms Prohibited Flourisense grants you a limited, personal, non-exclusive, non-transferable license to use our “Common Needs” feature for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. By ordering a document from Flourisense, you agree that the document you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Flourisense. Reselling or distributing without permission amounts to a violation of Flourisense’s exclusive copyright and is liable to prosecution.
F ) Disclaimer of representations by users Flourisense makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of the lawyers or law firms which are listed through this site or any affiliate thereof.
3.USER GUIDELINES AND RESPONSIBILITY
The users of Flourisense are granted a nonexclusive, limited right to access and use the service in accordance with the rules that are described in this contract. To keep this system attractive and useful for all users, it is important that users follow the rules of the system. Flourisense reserves the right to deny further access to its service to any user who violates these rules, is the subject of complaints by other Flourisense users or for any other reason. Users engaged in any of the following activities on our system will not be tolerated:
Foul or otherwise inappropriate language.
• Racist, hateful, or otherwise offensive comments.
• Promote or provide instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
• Defame any person or group which includes people of all ages, races, religions, and nationalities.
• Violate the rights of another, including but not limited to the intellectual property rights of another. This includes using the service for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation).
• Violate Internet standards.
• Use the service for displaying harassing, abusive, threatening, harmful, vulgar, obscene, or tortuous material or invading other’s privacy.
• Interfere with or disrupting the service or servers or networks connected to the service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail.
• Compromise the security of the service Flourisense provides. Please do not try to gain access to system areas private to Flourisense, or to other users.
• Illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
• Contains any type of unauthorized or unsolicited advertising.
• Impersonates any person or entity, including any Flourisense employees or representatives.
• We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
4.DISCLAIMER OF INFORMATION OBTAINED ON THE SERVICE AND SOME USER SUPPLIED CONTENT
A) Disclaimer of information obtained on the Service Flourisense provides lawyers and potential clients with a forum whereby people who need legal representation or help are connected to providers of it. Flourisense is a resource for informational purposes and is intended, but not promised or guaranteed to be correct, complete, and up-to-date. The accuracy, completeness or adequacy of Flourisense is not warranted or guaranteed. Flourisense further assumes no liability for the interpretation and/or use of the information contained on this website. The owner of this website does not intend links from this site to other websites to be referrals to, endorsements of, or affiliations with the linked entities. Flourisense is not responsible for, and makes no representations or warranties about the contents of websites to which links may be provided from this website.
Flourisense will make every effort to ensure that promotional material of a user trying to promote himself on the website is deleted. Apart from this, the opinions and views expressed are those of the individual users of the service and do not reflect those of Flourisense. Data submitted by other users (lay persons) is not verified or reviewed in any way before it appears on the Flourisense website. Please use due caution when using this site.
Flourisense makes every effort to verify that lawyers who subscribe to the service are licensed and in good standing with the local bar at the time of registration. However, Flourisense cannot track, verify, or monitor the standing of each lawyer using the Service. Therefore, Flourisense makes no representation regarding the status, standing or ability of any lawyer or law firm that is listed on the site.
Users are urged to make their own independent investigation and evaluation of any lawyer or law firm being considered. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely on claims of expertise, or on the cost of rendering the requested legal services. Flourisense is not responsible for, and in no way, endorses any description or indication of specialization or limitation of practice by a lawyer or law firm. Efforts will be made to avoid false information, but please be aware that no agency or board may have certified such lawyer as a specialist or expert in any indicated field of law practice. In addition, a lawyer claiming specialization is not necessarily any more competent than other lawyers. It is up to the user to question the lawyers on the factual basis of any statement they make, ask for the names of the certifying agencies, and verify all information.
Users are encouraged to use caution when reviewing any information submitted by lawyers and other parties. Although Flourisense requires lawyers to comply with all regulations governing lawyer conduct, it is impossible for Flourisense to monitor lawyers’ integrity.
Flourisense in no way endorses the content or legality of any offers, statements, or promises made by lawyers or any other parties, on or off this site.
B) Disclaimer of content supplied by users in the form of reviews, comments, communications, and other content at various locations on the Site, Flourisense may permit visitors to post reviews, comments, and other content (the “user content”). Flourisense is not the publisher or author of such user content. It only stores and disseminates the ideas and opinions that Flourisense members may choose to post and distribute as user content. Flourisense disclaims all responsibility for this content. If any offending material is brought to the notice of Flourisense, it will be deleted as soon as is possible. Whether such material is indeed offending will be finally being left to the discretion of Flourisense.
5.LIMITATIONS ON USE
The contents of Flourisense are for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Flourisense. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the contents without taking prior written permission from Flourisense. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of Flourisense, except to the extent permitted above. You may not use or otherwise export or re-export Flourisense or any portion available on or through Flourisense in violation of the export control laws and regulations of India. Any unauthorized use of Flourisense or its content is prohibited.
6.CONFIDENTIALITY
Flourisense makes every effort to maintain the confidentiality of any information submitted by users to our system and our database of lawyers. The user is however warned that the use of the internet or e-mail for confidential or sensitive information is susceptible to risks that inevitably arise on this medium. Refer our confidentiality Statement for more details.
7.INDEMNIFICATION
The user agrees that Flourisense is not responsible for any harm that his/her use of this service may cause. The user agrees to indemnify, defend, and hold Flourisense harmless from and against all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the service. The user agrees that this defines and indemnity shall also apply to any breach by the user of the agreement or the foregoing representations, warranties and covenants. The user further agrees that this defines and indemnity shall include without limitation lawyer fees and costs. The user also agrees that this defines and indemnity shall apply to Flourisense, its founders, officers and employees. Flourisense reserves the right, at its own expense, to assume the exclusive defines and control of any matter otherwise subject to indemnification by the user and the user shall not in any event settle any matter without the written consent of Flourisense.
8.COMMUNICATIONS AND OTHER DATA
Flourisense is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, backup failure, file corruption, or any other reasons.
9.LICENSE OF YOUR CONTENTS TO FLOURISENSE
By uploading content to or submitting any materials for use on Flourisense, you grant (or warrant that the owner of such rights has expressly granted) Flourisense a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. Flourisense however gives an assurance that any information of a sensitive nature will not be intentionally disclosed and revealed to any third party.
10.PROPRIETARY RIGHTS
Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. The user agrees that the content and Web Site are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. The user acknowledges and agrees that the user is permitted to use this material and information only as expressly authorized by Flourisense.tech, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The user acknowledges and agrees that Flourisense can display images and text throughout the Service. Users cannot extract and publish any information from the system, either electronically or in print, without the permission of Flourisense and the permission of all other concerned parties. This is not a complete list – other things on the system are also Flourisense property. Contact Flourisense.tech before copying anything from the system with plans of reproducing it or distributing it.
11.LINKING TO FLOURISENSE.TECH
Users are welcome to provide links to the homepage of Flourisense, provided they do not remove or obscure, by framing or otherwise, any portion of the homepage and that you discontinue providing links to the site if requested by Flourisense.
12.ADVERTISERS
Flourisense may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Flourisense is accurate and complies with applicable laws. Flourisense will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
13.REGISTRATION
Certain sections of Flourisense may require you to register. If registration is requested, you agree to provide Flourisense with accurate and complete registration information. It is your responsibility to inform Flourisense of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Flourisense does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, please notify Flourisense immediately by contacting us. If we find that unauthorized use is being made of Flourisense and the services we provide, the right of any or many users may be terminated.
14.ERRORS AND CORRECTIONS
Flourisense does not represent or warrant that the service will be error-free, free of viruses or other harmful components, or that defects will be corrected. Flourisense may make improvements and/or changes to its features, functionality or service at any time.
15.THIRD PARTY CONTENT
Third party content may appear on Flourisense or may be accessible via links from Flourisense. Flourisense is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third-party content appearing on Flourisense. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Flourisense.
16.UNLAWFUL ACTIVITY
The user understands that a registered lawyer will not be able to and will not perform a check for conflicts of interest between the user and other clients of the registered lawyer prior to responding to a request. Conflict checks require the user to provide their name and contact information and the identity of any affiliated entities, opposing individuals and entities, and such other information as a lawyer may require. Conflict checks by a registered lawyer who obtains information from the user through this service are not possible since submissions by the user to the subscribing lawyer are not sufficient to enable the subscribing lawyer to conduct such a check.
17.REMEDIES FOR VIOLATIONS
Flourisense reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including but not limited to the right to block access from a particular Internet address to Flourisense and its features.
18.CONFLICTS CHECKS
The user understands that a registered lawyer will not be able to and will not perform a check for conflicts of interest between the user and other clients of the registered lawyer prior to responding to a request. Conflict checks require the user to provide their name and contact information and the identity of any affiliated entities, opposing individuals and entities, and such other information as a lawyer may require. Conflict checks by a registered lawyer who obtains information from the user through this service are not possible since submissions by the user to the subscribing lawyer are not sufficient to enable the subscribing lawyer to conduct such a check.
19SEVERABILITY OF PROVISIONS
The Agreement and the Privacy Policy constitute the entire agreement with respect to the use of the service provided by Flourisense. If any provision of these terms and conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
20.MODIFICATIONS TO TERMS OF USE
Flourisense may change the agreement at any time. The user will be responsible for checking the Terms and Conditions before use. Use of the service after the change will indicate acceptance of the new terms and conditions.
21.MODIFICATIONS TO SERVICE
Flourisense reserves the right to modify or discontinue, temporarily or permanently, the service with or without notice to the user. The user agrees that Flourisense shall not be liable to the user or any third party for any modification or discontinuance of the service. The user acknowledges and agrees that any termination of service under any provision of this agreement may be effected without prior notice, and acknowledges and agrees that Flourisense may immediately delete data and files in the user’s account and bar any further access to such files or the Service.
22.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A great danger for Flourisense, and for all operators of online systems, is that we might be held accountable for the wrongful actions of our users. If one user libels another user, the injured user might blame us, even though the first user was really at fault.If a user uploads a program with a computer virus, and the other users’ computers are damaged, we might be blamed even though a user left the virus on our System. If a user transmits illegal or improper information to another user, we might be blamed even though we did nothing more than unknowingly carry the message from one user to another. Accordingly, we need all users to accept responsibility for their own acts, and to accept that an act by another user that damages them must not be blamed on us, but only on the other user.
Although it is the goal of Flourisense to provide users with reliable and quality systems, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. We would not be able to make this system available to users if we had to accept blame or financial liability for any usability problems, system failures or errors, or mistakes or damages of any kind.
In order to continue offering and improving our service, Flourisense must deny any warranties on this service and state that our liability for any problems connected with the use of our system is strictly limited.
These needs are accomplished by the following disclaimers:
A) Disclaimer of Warranties: – The user expressly agrees that use of the service is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. Flourisense expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Flourisense makes no warranty that the service will meet a user’s requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Flourisense make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Flourisense makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by the User from Flourisense shall create any warranty not expressly stated herein.
B) Limitation of Liability: – The user agrees that Flourisense shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Flourisense has been advised of the possibility of such damages. The user further agrees that Flourisense shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.
23.ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or Flourisense services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Noida, India shall have jurisdiction in all such cases.
24.OWNERSHIP
This Site is owned and operated by Flourisense. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by Flourisense. Except as otherwise expressly provided by Flourisense, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Flourisense’s intellectual property rights, whether by estoppel, implication or otherwise. Contact us if you have any questions about obtaining such licenses. Flourisense does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by Flourisense. Any rights not expressly granted herein are reserved by Flourisense.
25.ENTIRE AGREEMENT
This agreement constitutes the entire and whole agreement between user and Flourisense, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Flourisense and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. It is your responsibility to review these Terms and Conditions periodically.
By using Flourisense services or accessing the Flourisense site, you acknowledge that you have read these terms and conditions and agree to be bound by them.
26.INDEMNIFICATION
You agree to defend, indemnify and hold harmless Flourisense, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the site and the materials.
27.TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
28.CANCELLATION AND REFUND POLICY
We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates. However, there may arise situations when you desire a refund.
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by FLOURISENSE Technologies LLP. contact us for more details.
We assure you that we are continuously working to improve our services and are we are welcome to any suggestions from your end. For any other queries please contact out customer service desk at admin@flourisense.in
29.GOVERNING LAW
This website is controlled by FLOURISENSE from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India by accessing our website, you agree that the statutes and laws of Maharashtra, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods or services, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Maharashtra, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
30.CONTACT INFORMATION
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
31.GURANTEE
UNLESS OTHERWISE EXPRESSED, FLOURISENSE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SERVICE, MERCHANTABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.