1. Introduction and Terms and conditions of use

• The domain name factoryup.in (hereinafter referred to as “Website”) is owned by APUSO INFOTECH PRIVATE LIMITED (“Company” or “we” or “our” or “us”).
• An entity or any third party individual logging in or using the Website (“User” or “you”) and services such as information, software, email newsletters, and receiving associated services provided through such website, etc. (“Services”) shall be assumed to have read these terms and conditions of use (“Terms of Use” (which includes the Privacy Policy, separately provided on the Website) and you have unconditionally accepted each of these Terms of Use and such Terms of Use constitute a binding and enforceable agreement between you and the Company.
• For the purpose of these Terms of Use, wherever the context so requires, “User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity.
• For the purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animation, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible to the public at large on or through the Services and/or the Website.
• The Company may at its sole discretion, revise, modify or alter the Terms of Use. The Company will post such revised/ modified/ altered Terms of Use on the Website and by way of continued usage of the Website, the User agrees to be bound by the revised/ modified and/or altered Terms of Use.

2. Eligibility

• Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to access or visit the Website. When a User uses or accesses the Website, the same is considered as representation for competence to contract by the User.

The User represents and warrants that the User will be responsible, financially or otherwise, for all of User’s use of the Website (including the purchase/availing of Services) and access of the Website (as well as for use of User’s account by others). These Terms of Use shall be void when so prohibited by applicable laws and therefore the right to access the Website shall automatically stand revoked in such circumstances.

1. Introduction and Terms and conditions of use

• Each User, in order to access or use the contents or Services of the Website has to create an account with the Website. (“User Account”).
  The Privacy Policy, provided separately on the Website shall be applicable to the information and details of the Users provided by them at the time of registration.
• When a User accesses or uses the Website, it is the responsibility of the User to maintain the confidentiality of their password and other details in relation to the User Account, and any activity/ information that arise out of the User Account. The Company and/or the Website will not be in any way liable to any person for any loss or damage which may arise as a result of any failure by the Users to protect their password or User Account. If any third party other than the Users accesses the User Account, then such third parties are capable of making changes and performing all actions available to the Users. Such third party users shall be deemed to have automatically accepted the legal terms, representations and warranties related to the use of the User Account. Such activities will be in the name of the User and if the User knows or suspects any unauthorised use of their password or User Account, the User should notify us by contacting us immediately at hello@factoryup.in. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require the User to change their password or we may suspend their account without any prior information or liability whatsoever. The Users agree and confirm that they will:
  • Provide and maintain correct and complete information whenever required by the Website (“User Registration Data”). If the User provides any information that is untrue or incomplete or if the Company suspects that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), the Company reserves the right to reject the User’s registration and/or indefinitely suspend or terminate the User Account membership and refuse to provide them access to the Website and/or the Services.
  • indemnify and keep us indemnified from and against all claims arising out of any detail/information/User Registration Data that the User posts and/or supplies to the Website.The Website shall be entitled to remove any such detail/information/Registration Data posted by the User without any prior information.
  • Grant the Website a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights that the Users might have in the User Registration Data, in any media now or in future known, with respect to their User Registration Data in order to ensure that the Website is not in violation of applicable laws for the use of such User Registration Data

4. Availability

• The Website shall endeavour to take reasonable efforts to ensure that their Services are operational and uninterrupted. The Website also reserves the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof with or without notice.

5. User Content

• The Website may allow the Users to create post, submit and/or display the content on or through the Website (“User Content”). The User shall be solely responsible for the User Content and assume all risks associated with it, without any limitation. The Company will not be responsible for the actions and/or claims of such Users. By submitting or posting User Content, the Users grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to display, copy, reproduce process, sub-license, publish, distribute and use in any manner such User Content. The Users allow the Company to use all intellectual property rights associated with the interactions or promotions between the Users and the Company, throughout the world in any media formats and any media channel now known of hereinafter devised for any promotional or commercial purposes, either by the Company or third parties who partner with us for distribution, publication or broadcast of the Content, The Users also allow the Company to use all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised for any promotional or commercial purposes, either by the Company or third parties who partner with the Company for distribution, publication or broadcast of our Content, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to the Users or others or to give the Users any credit. In consideration for the access and use of the Services, the User agrees that the Company may enable advertising on the Services, including in connection with the User Content or other information. The Company may also use the User Content to promote the Company and its Services. The Users also waive any right to inspect or approve any final product..
• provide, and for any consequences thereof, including the use of their User Content by other users and the Company’s third party partners. The Users herein understand that the User Content may be broadcast, distributed, or published by the Company’s partners and if the Users do not have the right to submit User Content for such use, it may subject the Users to liability. The Company will not be responsible or liable for any use of the User Content by the Company in accordance with these Terms of Use. The Website does not guarantee any confidentiality with respect to any User Content that the Users may submit. By submitting or posting the User Content, the Users represent and warrant that they have full and unrestricted rights, and authority necessary to grant the rights, granted in relation to any User Content that the Users submit. The Users herein represent and warrant that the posting of the User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights. The Users agree that the User Content they submit to the Services will not contain material that is subject to any third party intellectual property rights, unless they have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant the Website the license and usage rights granted under these Terms of Use. By submitting or posting the User Content, the Users agree that such submission of the User Content does not in any way implicate the Users as the employee, agent or partner of the Website and/or the Company. By submitting or posting the User Content, the Users further forever release and discharge the Company from any and all claims, actions and demands arising out of, or in connection with, the use of the User Contents, User Registration Data, including, without limitation, any and all claims for invasion of privacy and libel. This release shall also extend to the benefit of the Company’s assigns, licensees and legal representatives.
• The Users may delete the User Content or User Account at any time. Processing the deletion may take some time, but the same shall be done by the Company. The Company may maintain backup of all User Content for such time as may be required under applicable laws and operational purposes of the Company.

6 Other Representations, Warranties and Covenants

• The Users own all rights in and to the User Content and will continue to have a clear title, consents, licenses , in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
• The Users ensure and guarantee that they have obtained the requisite consents and permissions under all applicable laws, for the posting, transmission and publication of any personal information which is part of the User Content, and they will adhere to all laws applicable thereto.
• The User Content is and will continue to be true, accurate, non-infringing upon any third party rights, and in no way immoral, unethical or unlawful for the Users to possess, use, post, transmit or display in the country in which such User or the Website’s visitors and users (“End Users”) reside, or for the Company and/or the End Users to use or possess in connection with the Services.
• The Users understand and undertake that they shall be solely responsible for the User Registration Data and the User Content.
• The Users are in complete understanding and agreement that the Company reserves the right to remove and/or edit such detail/ information.
• The Users shall not, directly or indirectly attempt to gain unauthorised access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

7 Payment Terms

• The Users will be entitled to use a valid credit/debit and/or any other payment cards, online backing facility or any other payment instrument (“Virtual Payment Modes”) to make Payments and transfers in lieu of transactions being carried out on the Website.
• The nuances and modalities with respect to the Virtual Payments will be governed separately as per the arrangement(s) and/or terms and conditions agreed upon by the Users and the relevant banks and/or financial institutions as the case may be. The Company would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of / relating to the Virtual Payment Modes (including any fraudulent transaction). Notwithstanding anything contained in the Terms of Use, the Users agree to indemnify the Company against any liability arising in this regard.
• The Company shall not be liable for the loss of any nature whatsoever caused to the Users arising, directly or indirectly, out of decline of authorisation for any transaction, resulting from the User’s exceeding the pre-set permissible payment limit under Virtual Payment modes, as applicable.
• The Company may, at its sole discretion, require further authorisation from the Users such as a telephone confirmation of the payment and/or other information.

8 Force Majeure

• The Company shall not be liable if any Users fail or delay in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by them if such failure and/or delay is a result of or arising out of a Force Majeure Event, as defined hereunder.
• “Force Majeure Event”, for the purposes of this Terms of Use, shall mean any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, lockdowns, pandemics including Covid-19 but not limited to the same and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions, breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.

9 User’s liability

• Users, in lieu of logging into and/or posting content (through the Website or otherwise) aredeemed to have consented to and have expressly/impliedly and irrevocably authorised the Company to use, reveal, archive, analyze, display or transmit all information required by the Company. Users logging into the Website represents and warrants that any and all information/details/data provided by them are are true, correct and complete. Such information, if found to be untrue, incorrect or incomplete, will make the Users liable to any action the Company deems fit in relation to the particular circumstances without any limitations.
• Users logging in to the Website represent and warrant that they are aware and have appropriate knowledge of the applicable laws particularly governing the use of the Website and the Services. The Users shall not violate or attempt to violate the applicable laws governing such Users.

9 User’s liability

• The Company provides information and content on the Website and such content and information is an exclusive property of the Company and/or third parties (as applicable). Such information and content is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of the Company.
  The Users shall not:
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Website;
  • take or attempt to take any action that might damage, disable or overburden our (or our third party providers) infrastructure;
  • bypass, circumvent or attempt to bypass or circumvent any measures that the Company uses to prevent or restrict access to the Services and/or the Content;
  • run any form of auto-responder or “spam” on the Services and/or the Content;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Services and/or the Content, unless the same is done in accordance with the provisions of our robots.text file;
  • harvest or scrape any Content from the Services;
  • copy, reproduce, decompile, reverse oengineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Services and/or Content;
  • modify, translate, or otherwise create derivative works of any part of the Services,
  • retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including without limitation, personal, non-commercial use) the Services or the Content, or any part thereof, without express prior written consent from us (except as and only to the extent any of the foregoing restriction is prohibited by applicable laws or to the extent as may be permitted by licensing terms governing use of open-sound components included in the Services); or
  • otherwise take any action in violation of our Terms of Use.
  • otherwise take any action in violation of our Terms of Use.

  The Company and/or the Website has the exclusive right to access, read, preserve, and disclose the data and information it deems necessary:

• The Company and/or the Website has the exclusive right to access, read, preserve, and disclose the data and information it deems necessary:
  • under any applicable laws or governmental request,
  • to enforce the Terms of Use, including investigation of potential violation hereof,
  • to detect, prevent, or otherwise address fraud, security or technical issues,
  • for responding to the User’s support requests, or
  • to protect its rights, property or safety along with that of the Users and the public at large.

11. Geographical Extent

• The Website and Services can be accessed in and from all jurisdictions across the world. The Website does not make any representation that materials or Content available through the Website and Services are appropriate or available for all these jurisdictions.
• If any person or User access or use the Website from a country or location apart from India, they are solely responsible for compliance with necessary laws and regulations for use of the Website, in that jurisdiction.

12. Intellectual Property Rights

• The Users can view and utilise the content made available to them only for personal and/or non-commercial use. Except as expressly provided herein, the Users are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the Content, and the Company reserves all rights not expressly granted hereunder. The Company does not permit copyright infringing activities and infringement of intellectual property rights on or through the Services, including the Content. If any person or User discovers any unauthorised use or infringement of the Services and/or Content they should promptly notify the Company in writing upon such discovery. (including the User Content). The Users agree not to make use of the Content in a manner that would infringe the copyright therein.
• The Users also acknowledge and agree that any feedback, comment or suggestion they may provide regarding the Services and/or Content is entirely voluntary and the Company will be free to use such feedback, comments or suggestions as it see fit and without any obligation or compensation to the Users of any kind.

13. Infringement of Intellectual Property Rights

• If any person, entity or User believes that their copyright work has been copied and posted in the Services or the content in a way that constitutes copyright infringement, the Users should provide the Company and/or the Website all the relevant information, including but not limited to, the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and any information reasonably sufficient to permit us to locate such material. Please also provide us your contact information, including your address, telephone number, and an email address at the time of making the complaint. To inform us about any infringement, you must send an email to hello@factoryup.in, and we will take appropriate action as required under applicable laws.

14. No Obligation to Pre-Screen Content and right to monitor

• The Users acknowledge that the Company and/or the Website in no way has any obligation to pre-screen, monitor and/or review any User Content. The Company shall do the same only at its sole discretion. Without limiting the foregoing, the Company shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable or in violation of applicable laws. In the event, any Content violates any of these Terms of Use, the User may write to the grievance officer at hello@factoryup.in and the Company shall take appropriate action in accordance with applicable laws.
• The Company and/or the Website has the exclusive right at all times to disclose any information as necessary to satisfy any applicable laws, or government requests. The Company also has the right to edit, refuse to post or to remove any information or materials, if whole or in part, that in the Company’s sole discretion is objectionable or in violation of this Terms of Use or applicable laws.
• The Company may also impose limits on certain features or restrict the User’s access to part or all of the forums without notice or penalty if the Company believes that the User is in breach of the guidelines set forth in this Clause, these Terms of Use or applicable laws, or for any other reason without notice or liability.

15. Collaboration with the Company

• The Company owns all applicable intellectual property rights over any Content that the Users create on behalf of the Company or in collaboration with the Company’s editorial team or as per the permissions acquired by such Users through their transactional relations and/or arrangements with the Company. The Users shall at no point of time share such content or information with any third party and shall not be posted in any other website, without prior written permission from the Company.

16. Jurisdiction and Applicable Law

• These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Kolkata (West Bengal) shall have the exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

17. Miscellaneous

• No waiver:In case of the Company not exercising certain rights or enforce any or some clauses as elaborated under this Terms of Use, it will not amount to a waiver of the Company’s rights under these Terms of Use.
• Severability: In case of one or more provisions of this Terms of Use is found invalid by a Court of competent jurisdiction, the Users agree that the court should try to give effect to the intentions as reflected in such provision and that the other provisions of this Terms of Use shall remain in full effect, notwithstanding anything contained in such impugned provision. The illegality and/or unenforceability of one or more provisions/clauses of this Terms of Use shall not affect the legality and enforceability of the other terms of the Website.
• It is clarified that the Privacy Policy provided separately forms an integral part of these Terms of Use of the Website.