With effect from Nov 22, 2020
- This website and application under the name and style ‘Boost360’ (“App”) is made available by NowFloats, located at https://www.getboost360.com/tnc and which may mean and include any of its affiliates, assignees or successors-in-interest as determined by it at its sole discretion and without requiring any prior notice or intimation, from time to time (“Company”, “we” or “us”).
- Through this App, you can avail the services, features, content or widgets available through the App (collectively “Services”).
2 Acceptance of terms
4 Registration and eligibility
- 4.2 Registration as a User is only a one-time process and if you have been previously registered, you shall login / sign into your account using the same credentials as provided by you during the registration process.
- 4.3 You shall not:
- provide any false personal information to NowFloats (including a false Username) or create any account for anyone other than yourself without such person's permission;
- use a Username that is the name of another person with the intent to impersonate that person;
- use a Username or NowFloats account that is subject to any rights of a person other than you without appropriate authorization; or
- use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
- 4.4 NowFloats reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your NowFloats password. You shall indemnify, defend and hold harmless JPL from any loss attributable to activities conducted through your account. You shall never use another user's account without such other user's prior express permission. You will immediately notify NowFloats in writing of any unauthorized use of your account, or other account related security breach of which you are aware
5 User submissions
- 5.1 All User Submissions on the App, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Submissions. NowFloats does not guarantee the authenticity of any User Submissions or endorse any User Submissions, Content and/or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom and NowFloats shall have no liability towards you or any other party for any damage or loss resulting from such Content and you hereby expressly release JPL from all such liability.
- 5.2 You shall also ensure that the Contents/User Submissions applicable are as per the content guidelines developed by us from time to time, which can be accessed at [●](“Content Guidelines”). You shall be liable for any breach and/or threatened breach of these Content Guidelines, either by you or any of your partners or third parties associated with you.
- 5.4 You grant NowFloats a worldwide, non-exclusive, irrevocable and transferable licence to use and reproduce the User Submissions at NowFloats’ discretion.
6 Nowfloats content
- 6.1 The Service contains content specifically provided by NowFloats or its partners on the App and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable (“NowFloats Content”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any NowFloats Content accessed through the Service.
7 Conditions to use
- 7.1 The Services will be provided on best efforts basis. While NowFloats will make reasonable efforts and shall endeavor that you are able to use the Services without undue disruption, interruption or delay, JPL does not guarantee such uninterrupted of error-free use.
- 7.2 By creating a NowFloats account, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services NowFloats may offer. You hereby consent to receiving all such commercial communications from NowFloats. You may opt out of receiving any, or all, of these commercial communications from NowFloats by following the unsubscribe link or instructions provided in any email and/or text we send. You will however, still continue to receive important updates with regards to your NowFloats account.
- 7.4 NowFloats disclaims any responsibility for any harm resulting from anyone’s use, viewing, or downloading of the Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Any content offered through any of the Services is of the content provider or content creator’s (the person, persons or entity that was responsible for uploading, adding or sharing the content or materials) sole responsibility, and you agree that NowFloats shall not be liable for any damages that may result from your use of the Content and you hereby expressly release JPL to such extent.
8 Rules and conduct
- 8.2 You represent and warrant that You shall not (and shall not permit any third party) to take any action or publish any information that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as solely determined by NowFloats in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities (whether or not for profit) and/or sales without NowFloats' prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of NowFloats or any third party;
- impersonates any person or entity, including any employee or representative of NowFloats;
- includes anyone's identification documents or sensitive financial information; or
- 8.3 You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by NowFloats in its sole discretion) an unreasonable or disproportionately large load on NowFloats' (or its third party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures NowFloats may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the App or the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the App;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or App Content, except as expressly authorized by NowFloats;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- delete or modify any content of the App and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
- make false or malicious statements against the Services or the App or NowFloats; or
- otherwise take any action in violation of NowFloats' guidelines and policies.
- 8.4 By using the App or the Services, you represent and warrant that:
- You are 18 years of age or older and that your use of the App or the Service shall not violate any applicable law or regulation;
- You shall ensure that the requisite information provided by you to us for the Services on the App, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information. NowFloats will not be liable for any incident occurring due to incorrect or insufficient information provided by you; and
- You will not use the App or the Services for any unlawful purposes, or in furtherance of illegal activities.
9 Sub domains
The Service may allow you access to certain NowFloats sub domain which is created for you
as a part of the Service (“Sub Domain”). You hereby agree that access to such sub domain to
you is provided on an
as-is basis by NowFloats. You further agree that you shall use such sub domains at your own
risk and in compliance
with all applicable laws including but not limited to formulating necessary terms of usage
and privacy terms and
displaying the same on the sub domain. You shall also ensure that you have informed users
that NowFloats may collect
personal information on the Sub Domains. Any personal information which NowFloats collects
on such sub domains shall
NowFloats, its affiliates
and each of its, and its affiliates employees, contractors, directors, suppliers and
representatives from all
losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or
liabilities, that arise from
or relate to your any breach of or non-compliance with applicable laws with respect to such
- lack of authorization for any transaction/s, or
- exceeding the preset limit mutually agreed between you and the financial services providers you deal with, or
- any payment issues arising out of the transaction, or
- decline of transaction for any other reason/s.
10 Third party sites and services
- 11.2 In case you have any issues with the Service, the same should be reported to the support team as designated by NowFloats, details of which are provided in the App. No refund requests will be entertained after moving to a paid subscription and invoice being sent.
Any product of NowFloats does not guarantee:
- A specific amount of business
- A specific position on any search engines in a specific amount of time. NowFloats is a marketing tool that helps your business get discovered online on search engines and get more business. It does not guarantee a specific search engine position or amount of business.
12 Warranty disclaimer
- 12.1 Save to the extent required by law, NowFloats has no special relationship with or fiduciary duty to you. You acknowledge that NowFloats has no control over, and no duty to take any action regarding: which users gain access to the Service; what content you access via the Service; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
- 12.2 You release NowFloats from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. NowFloats makes no representations or endorsements concerning any Content contained in or accessed through the Service, and NowFloats will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
- 12.3 NowFloats shall not have any liability where a transaction is unable to be completed or does not fructify. In no event shall NowFloats be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory,punitive, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services.
- 12.4 The App, Service, and Content link are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
14 Limitation of liability
- 14.1 All liability of NowFloats, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the App, Service, Content or User Submissions is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of NowFloats, its directors, employees, agents, representatives, partners, suppliers has arisen, the total of such liability shall be limited in aggregate to One Thousand Rupees (INR 1000).
- 14.2 NowFloats will not be liable or responsible for:
- Any instance where a transaction is unable to be completed or does not fructify;
- the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you. It is your responsibility to ensure that you use the App if the facilities and functions of the App meet your requirements;
- any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the App or the Services.
- 14.3 Additionally, by using the Application or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- 14.4 To the maximum extent permitted by applicable law, in no event shall NowFloats, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not NowFloats, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the App, Service, or Content for:
- the use or the inability to use the App and /or Service;
- indirect, remote or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- unauthorized access to or alteration of your transmissions or loss of data;
- loss of anticipated savings;
- wasted expenditure;
- cost of procurement of substitute goods or services; or
- any other matter relating to the App and / or Service.
- 14.6 Without prejudice to the foregoing, none of the directors, employees, agents, representatives, partners, suppliers or content providers of NowFloats shall be personally liable for any action in connection with the App or the Services.
15 Copyright and trademarks
- 15.1 Copyright in works contained in the App, including but not limited to all Content, features, functionality software, design, text, sound recordings and images, are NowFloats’ exclusive property, or licensed by NowFloats, except as otherwise expressly stated. You may access the App only for your use of the Services offered.
- 15.2 All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to NowFloats. No information, code, algorithms, content or material from the App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without NowFloats’ express written permission.
- 15.3 You Must:
- not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store the App or any of its components;
- not delete or modify any content of the App and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
- not make false or malicious statements against the Services or the App or NowFloats;
- not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other Users;
- not carry out reverse engineering in respect of the hardware or software underlying the App or any part thereof; and
- comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any Services, which may include but is not limited to not using the App in a country where the use of the App or any Services is unlawful.
16 Governing law
17 Integration and severability
19 Force majeure
22 Complete understanding