These terms of service ("Terms") govern the User’s access and use of Phillio and mobile applications. By accessing or using Phillio the User agrees to these Terms and constitutes a legally binding contract with Phillio. Users should not access or use Phillio if they are unable to comply with the Terms.
These Terms together with Privacy Policy, Copyright Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement ("Agreement") between the User and Phillio in relation to the use of Phillio.
1. DEFINITIONS
“Phillio" refers to phillio.com, mobile apps and/or any other services offered and or to be offered by Phillio.com which is operated and maintained by Phillio Solutions Private Limited, a company registered under the Companies Act, 2013 along with its subsidiaries and or employees and or directors and or affiliates and or agents and or representatives and or sub-contractors.
"User" is someone who accesses, registers as member and/or agent, vendor, seller, browses, crawls, scrapes, or in any way uses Phillio.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "the User Content" means Content that the User submits or transmits to, through, or in connection with Phillio, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that the User publicly displays or has displayed in the User account profile.
"Phillio Content" means Content that is created by Phillio and makes available in connection with Phillio.
"Third Party Content" means Content that originates from parties other than Phillio or its users, which is made available in connection with Phillio.
"Site Content" means all of the Content that is made available in connection with Phillio, including The User Content, User Content, Third Party Content, and Phillio Content.
DISCLAIMER
The information contained in Phillio is for general information purposes only. The Website and the Content is provided “as is”. The information is provided by Phillio and while we endeavour 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 or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we 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 arising out of, or in connection with, the use of Phillio.
Every effort is made to keep the website up and running smoothly. However, Phillio takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
While Phillio endeavors to provide content that is correct, accurate and timely, no representations or warranties are made regarding the website and/or the content including, without limitation. No representation or warranty that,
a) The website or content will be accurate, complete, current, timely or suitable for any particular purpose,
b) The operation of the website will be uninterrupted or error-free,
c) The defects or errors in the website or the content will be corrected,
d) The website will be free from viruses or harmful components,
e) Communications to or from the website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website at your own risk and liability and,
f) The things happen that are outside our reasonable control, for example, acts of God, adverse weather conditions, strikes and industrial action and failure of our suppliers/ data providers. Phillio will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under contract that is caused by such events.
g) Through Phillio you are able to link to other websites which are not under the control of Phillio. 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.
h) Phillio may provide links on our website to the websites of other companies. These links are provided solely as a convenience to you and not as an endorsement by Phillio of such third-party websites. Phillio is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website.
i) The display of third party trademarks / business names/ logos/ brand names, on the website should not be taken to imply any relationship or license between Phillio and the respective owners of trademark or to imply that Phillio endorses the wares, services or business of the respective owners of trademark.
2. CHANGES OR MODIFICATIONS TO THE TERMS
Phillio may modify the Terms from time to time. The User understands and agrees that the User access to or use of Phillio is governed by the Terms effective at the time of the User access to or use of Phillio. Phillio will make material changes to these Terms and will be notified to the User by email or by posting a notice on Phillio prior to the effective date of the changes. The User should revisit these Terms on a regular basis as revised versions will be binding on the User. Any such modification will be effective upon Phillio posting of new Terms. The User understands and agrees that the User continued access to or use of Phillio after the effective date of modifications to the Terms indicates the User’s acceptance of the modifications.
3. USAGE
Permission
Phillio grants the User permission to use Phillio subject to the restrictions in these Terms. The User’s use of Phillio is at the User’s own risk, including the risk that the User might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Availability
Phillio may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accounts and Privacy
The User must create an account and provide certain information about the User in order to use some of the features that are offered through Phillio. The User is responsible for maintaining the confidentiality of the account password. The User is also responsible for all activities that occur in connection with the account. The User agrees to notify Phillio immediately of any unauthorized use of the account. Phillio reserves the right to close the User account at any time for any or no reason.
The User account is for personal, commercial and/or non-commercial use only. In creating it, Phillio requires the User to provide complete and accurate information to strengthen and verify the User’s credibility as a contributor to Phillio. The User may not impersonate someone else, create or use an account for anyone, provide an email address other than their own, or create multiple accounts. By creating an account, the User agrees to receive certain communications in connection with Phillio.
4. CONTENT
Access & transmission
Phillio has no control over Content generated by the User and the Third Party as Phillio is merely an intermediary for the purposes of this Terms. All the Content available for public access on Phillio is protected by copyright. The User’s use of the Content must therefore adhere to the following terms, unless the User is the original contributor of the Content to Phillio, in which case the User use is governed by the terms governing Phillio's relationship with its contributors as covered below:
Responsibility for The User Content
The User assumes the responsibility for the Content, and once published, it cannot always be withdrawn. The User assumes all risks associated with the Content, including anyone's reliance on its quality, quantity, fitness of the goods or services, accuracy, or reliability, or any disclosure of information in the User Content that makes the User personally identifiable. The User represents that own, or have the necessary permissions to use and authorize the use of The User Content as described herein. The User may not imply that The User Content is in any way sponsored or endorsed by Phillio.
The User assumes the liability for User Content that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Right to User Content
Phillio may use The User Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it. As such, the User hereby irrevocably grant to Phillio world-wide, perpetual, non-exclusive, royalty-free, assignable, licensable, transferable rights to use The User Content for any purpose. Please note that the User also irrevocably grant the users of Phillio the right to access The User Content in connection with their use of Phillio and any other media. The User irrevocably waives, and causes to be waived, against Phillio and its users any claims and assertions of moral rights or attribution with respect to The User Content. By "use" Phillio means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of The User Content.
Ownership
As between Phillio and the User and Phillio, Phillio owns Phillio Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, Phillio compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of Phillio excluding The User Content, User Content and Third Party Content. Phillio also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights ("IP Rights") associated with Phillio, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, the User may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Phillio Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, Phillio do not grant the User any express or implied rights, and all rights in and to Phillio and the Content are retained by us.
Advertising
Phillio and its licensees may publicly display advertisements and other information adjacent to or included with The User Content. The User is not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to the User.
Contributions
Phillio provides a forum for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. Phillio provides value to its contributors by making available to them its vast global audience reach. The terms in this section apply to all the Content contributed to Phillio in any of its various services and forums and are as follows:
While the User is on Phillio and engaged in any form of communication on any of the forums, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information:
Messages and comments
Phillio may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). The User agrees to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. The User agrees that when using a Forum, the User shall not do any of the following:
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by Phillio and such communications shall not be considered reviewed, screened, or approved by Phillio. Phillio reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
User Content (including any that may have been created by users employed or contracted by Phillio) does not necessarily reflect the opinion of Phillio. Phillio reserve the right to remove, screen, edit, or reinstate User Content from time to time at Phillio sole discretion for any reason or no reason, and without notice to the User.
5. RESTRICTIONS
Phillio is under no obligation to enforce the Terms on the User behalf against another user. While Phillio encourage the User to let us know if the User believe another user has violated the Terms, Phillio reserve the right to investigate and take appropriate action at Phillio sole discretion.
The User agrees not to, and will not assist, encourage, or enable others to use the Phillio to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, the User agrees not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to Phillio here, together with any information that Phillio may reasonably require to give Phillio an opportunity to provide alternative remedies or otherwise accommodate the User at Phillio sole discretion.
6. PRIVACY
Please see Phillio Privacy Policy
7. REFUNDS IN CASE CANCELLATIONS OF SERVICES
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws. No refund is ensured to the Users if they opt for Onetime payment facility irrespective of their continuation of using the service against such onetime payment facility.
In case of recurring payment facility, charges collected after the cessation of using the services due to technical glitches/deficiencies, if any, would be refunded to the User in accordance with the procedures laid down by the Phillio. Phillio will process the refund of such collected amount paid by the User and intimate the User accordingly but not liable to provide compensatory services towards the amounts so collected.
8. INTELLECTUAL PROPERTY RIGHTS
Intellectual Property on Phillio is solely for user’s personal and non-commercial use. Phillio is operated by Phillio Solutions Private Ltd. Phillio contains trademarks, logos, trade names, service marks, patents, copyrights, designs, data and media (images, illustrations, audio clips, and video clips, among others) (‘Intellectual Property’) of Phillio or their vendors or respective third Parties. Phillio respects the Intellectual Property of others, and prohibits users from uploading, posting, distributing or otherwise transmitting any materials on Phillio, or engaging in any activities on Phillio, which violate the copyrights of others. Any and all Intellectual Property that in any manner forms part of and/or belongs to and/or associated with Phillio, shall vest in and exclusively belong to Phillio. All other Intellectual Property on Phillio belongs to their respective owners.
Phillio uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, Phillio has no intention, whatsoever, to acquire rights of use or license to these Marks.
Any use of the Intellectual Property for which you receive any remuneration, whether in money or otherwise would be considered to be a commercial use. Further, use of Intellectual Property in any manner without the prior consent of the respective owner or Phillio is prohibited and the same would be considered to be a violation of the IPR Policy of Phillio or violation of Intellectual Property of the respective owner. Such violation can lead to termination of user's account on this Platform. Phillio further reserve its right to take appropriate legal actions against such violation of Intellectual Properties.
Reporting Infringement:
IPR owner or authorized representative may provide the following details and email to the aforementioned email id.
Administrator: CAO
E-mail: info@phillio.com
The email should contain the below information.
Identification or description of the Intellectual Property that has been infringed. Unambiguous identification or description of where the material that you claim is infringing is located on Phillio with adequate particulars. Your address, telephone number, and email address. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Brand/Trade Name (in case of Trademark infringement) Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments) Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)
Pursuant to Rule 75(1) of the Copyright Rules, 2013 and other applicable enactments /amendments thereto, inorder to report any material / work on the Platform that violates the copyrights of others, you must send Phillio a written communication that includes substantially the following:
Insofar as any of these notices are concerned, the final determination of the same shall vest in Phillio. The foregoing written communications (i.e., the above-described takedown notice) must be sent to the following: Administrator: Public Relations Officer, E-mail: info@phillio.com
Phillio suggests that you consult with your Advocate before you file any of the foregoing written communications (i.e., the above-described takedown notices, and the above described counter-notice). Any person who knowingly materially misrepresents that material found on the Platform is infringing, or that material was removed from the Platform by mistake or misidentification, may expose himself / herself to liability.
Phillio understands that not everyone is a copyright expert, and that accidents can happen. However, Phillio has zero tolerance for wilful and repeat copyright infringers. Therefore, pursuant to a complaint, if Phillio determines in its sole discretion that you have wilfully violated the copyrights of others or that you have repeatedly violated the copyrights of others despite prior warning(s), Phillio will cancel your account and prohibit you from further accessing and using the Platform. By accessing or using the Platform, you automatically acknowledge and agree that Phillio has the right to cancel your account and prohibit you from further accessing and using the Platform, and your continuing access or use of the Platform reaffirms your acknowledgment and agreement in each instance.
9. THIRD PARTIES
Phillio may include links to other websites or applications (each, a "Third Party Site"). Phillio does not control or endorse any Third Party Site. The User agrees that Phillio is not responsible for the availability or contents of such Third Party Sites. The User use of Third Party Sites is at the User’s own risk.
Some of the services made available through Phillio may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
10. INDEMNITY
The User agrees to indemnify, defend, and hold Phillio, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Phillio Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) the User access to or use of the Phillio, (ii) the User violation of the Terms, (iii) any products or services purchased or obtained by the User in connection with the Phillio, or (iv) the infringement by the User, or any third party using the User account, of any intellectual property or other right of any person or entity. Phillio reserves the right, at the User expense, to assume the exclusive defense and control of any matter for which the User are required to indemnify Phillio and the User agree to cooperate with Phillio defense of these claims. The User agrees not to settle any such matter without the prior written consent of Phillio. Phillio will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PHILLIO TO THE USER. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS THE USER MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF THE USER IS UNSURE ABOUT THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING PHILLIO. BY ACCESSING OR USING PHILLIO, THE USER REPRESENT THAT THE USER HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. THE USER ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
PHILLIO IS MADE AVAILABLE TO THE USER ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT PHILLIO MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, THE USER USE OF PHILLIO IS AT THE USERR OWN DISCRETION AND RISK. PHILLIO MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF PHILLIO, ITS SAFETY OR SECURITY, OR PHILLIO CONTENT. ACCORDINGLY, PHILLIO ENTITIES ARE NOT LIABLE TO THE USER FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM PHILLIO'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM THE USER RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH PHILLIO.
PHILLIO MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY USERS AND THIRD PARTIES ON PHILLIO. ACCORDINGLY, PHILLIO IS NOT LIABLE TO THE USER FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES The USERR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF THE USER HAS A NEGATIVE EXPERIENCE WITH PHILLIO. THE USER USES PHILLIO AT OWN DISCRETION AND RISK.
PHILLIO DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
12. CHOICE OF LAW AND JURISDICTION
Indian law will govern these Terms for any or all claims, cause of action or dispute that might arise between the User and Phillio (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, THE USER AGREES TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF AND THE COURTS SITUATED IN HYDERABAD.
13. TERMINATION
The User may terminate the Terms at any time by closing the User account, discontinuing the User use of Phillio, and providing Phillio with a notice of termination here. Please review Phillio Privacy Policy for information about what Phillio do with the User account when terminated.
Phillio may close the User account, suspend the User ability to use certain portions of the Phillio, and/or ban the User altogether from the Phillio for any or no reason, and without notice or liability of any kind. Any such action could prevent the User from accessing the User account, the Phillio, The User Content, Phillio Content, or any other related information.