Terms of Use

Welcome to Our Website www.Futwork.com (“Website”) and/or Our App, Futwork (“App”), collectively, “Platform(s)”. The Website and App is owned by Wynaut Webventures Private Limited, a private company incorporated under the Companies Act, 2013 bearing CIN U74140MH2016PTC273592 and having its registered office at F-2, C/6, Sector-10, Vashi, Navi Mumbai, Thane, Mumbai, Maharashtra 400703, India (“Futwork” or “Us” or “We” or “Our” or “Company”). We own and operate a telecalling software and provide services related to telecalling under the name and style of “Futwork” (“Services”).

These terms and conditions of use (“Terms of Use” or “Terms”) govern the use of Our Platform(s) by all users of the Platform(s), including users who are browsers, customers and/or are in any manner connected with and/or contribute to the use of the Platform(s) and/or the Services provided through it (“Users” or “You” or “Your”).  Subject to Your compliance with these Terms, We grant You a non-exclusive, non-transferable, revocable, limited privilege to access and use Our Platform(s).

Please read these Terms carefully before You access Our Platform(s). If You continue to browse and access the Platform(s), You are agreeing to comply with and be bound by the Terms of Use, which together with Our Privacy Policy govern our relationship with You.

LEGALLY BINDING NATURE OF THESE TERMS:

These Terms along with the Privacy Policy and any other policy as available on Our Platform from time to time, constitute a legal agreement between You, as the User of the Platform(s) and Us. If You do not agree to these Terms, please refrain from using Our Platform(s), however, You are encouraged to review and reconsider these Terms.

These Terms are published in accordance with the provisions of  Information Technology Act, 2000 and all other applicable laws which requires publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform(s), and is an electronic record in terms of Information Technology Act, 2000 and rules thereunder and do not require any physical or digital signatures.  

PROSPECTIVE AMENDMENTS: 

Futwork reserves the right, at its sole discretion, to change, modify, add or remove these Terms (“Changes”), at any time with or without any prior notice to You and any new features or tools which are added to the Platform(s) shall also be subject to these Terms. The revised Terms shall be made available on the Platform(s) and it is Your responsibility to check these Terms periodically for Changes as Your use of the Platform(s) is subject to the most current version of these Terms. At the time of such use and Your continued use of the Platform(s) following such Changes, will mean that You accept and agree to the Changes. These Terms of Use is to be read concurrently with Our Privacy Policy.

ELIGIBILITY TO USE:  

Use of the Platform(s) is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, are not eligible to use the Platform(s). You represent and warrant to the Company that: (a) You are 18 (eighteen) years of age or older and You are not “incompetent to contract” within the meaning of Indian Contract Act, 1872; (b) Your use of the Platform(s) will not violate any applicable law or regulation; and (c) all information that is submitted to the Company in connection with the Platform(s) is true and accurate. The Company reserves the right to refuse to provide You access to the Platform(s) if it is discovered that You are incompetent to contract within the meaning of the Indian Contract Act, 1872 or the information provided by You is inaccurate or if You violate any applicable laws.

Use/Transaction as a minor:  As a minor if You use or transact on the Platform(s), such use or transaction shall be deemed to be made through Your legal guardian or parents who have given their implied consent to allow their minor dependents to use this Platform(s), at the risks and consequences of the legal guardian or parents, as the case may be. Futwork will not collect any personal data from minors. We encourage parents and legal guardians to monitor their minor dependent’s usage on the Platform(s) and urge them not to provide any personal information on the Platform(s).

FOR BUSINESS INQUIRIES:  

If You are a business intending to avail of Our Services, please contact Us at hello@futwork.com. In additions to these Terms, any such engagement shall also be governed solely by the terms and conditions of a separate written agreement mutually executed between the parties (“Agreement”).

FOR INDIVIDUAL PARTNERSHIPS:

If You are an individual intending to partner or collaborate with Us, kindly reach out to Us at hello@futwork.com. In addition to these Terms, any such arrangements shall also be subject to a separate agreement entered into between You and the Company, outlining the scope, rights, and obligations of both parties.

CREATION OF USER PROFILE: 

The Platform(s) may be accessed without any registration. However, We shall be enabling registrations through which You can register with Us and enjoy Our Services from one single account on the Platform(s). For such registration, You shall register as per the terms detailed hereunder or the Agreement. On registration on the Platform(s), You shall have an option to create a User Profile (“User Profile”) through which You can avail Our Services.  You can apply for registration through Your mobile number. Your account may be deleted by Futwork at any time if Your mobile number is no more valid. On registration, Your account with Futwork shall be created after which You will be required to create Your own User Profile. You shall be responsible for maintaining the confidentiality of the account information and to prevent unauthorized access to Your account as You shall be fully responsible for all activities that occur through Your account. 

You shall: register in Your own name only and all account information provided by You will be accurate, complete and up-to-date; not pass Yourself off as someone else or create multiple and/or false accounts. You may be held liable for any loss incurred by Futwork or any other third party due to any authorized or unauthorized use of Your account and You shall be responsible to indemnify Us for the same. 

TERMINATION/SUSPENSION OF USER ACCOUNT: 

We reserve the right to terminate or suspend Your account and/or restrict or suspend Your access to the Platform(s) at Our sole discretion, without giving any notice or reasons thereof. You acknowledge, consent and agree that We may access, preserve, suspend or delete Your account, information and access to Platform(s) and/or Services or any part thereof and disclose relevant information, if required to do so by law or if We (in good faith) believe that such act is reasonably necessary, under the following circumstances (non-exclusive list):  You are in breach of any term or condition of these Terms; or You are in breach of any laws that are applicable to You; or Your use of the Service disrupts Our business operations or affects rights of any other party; or You have behaved in a way, which objectively could be regarded as in appropriate or would bring Us into disrepute; or You have not used Your account for a reasonably long time, which in Our opinion would render the account to be dormant; or if the information of Your demise has been received by Us.  We may suspend access to the Platform(s) or require You to change Your password if We reasonably believe that the Platform(s) have been or are likely to be misused, and We will notify You accordingly. We may constantly monitor Your account and User Profile in order to avoid fraudulent accounts or profiles. We reserve the right to immediately delete such account and/or initiate legal proceedings under Applicable Laws, against such Users for fraudulent use of the Platform(s) and any other unlawful acts or omissions in breach of these Terms. Any suspension and/or termination of Your account with Us, will not affect Your liability to Us, as may be previously incurred by You. It is hereby clarified that provisions of these Terms that by their nature should survive termination will survive any termination of the Services.

USER OBLIGATIONS:

You agree to use the Platform(s) and the materials provided herein only for purposes that are permitted by: (a) these Terms and our Privacy Policy; and (b) any applicable law, regulation or generally accepted practices or guidelines in India and any other jurisdiction applicable to You. You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Platform(s). We grant You a limited license to access and make use of Our Platform(s). However, the following usages are not permitted:  modify, copy, lease, sell or distribute Our Platform(s) and/or Service, except with Our express written consent; any derivative use of Platform(s); or any downloading or copying of account information or personal information.

You shall solely be responsible for maintaining the necessary computer equipment(s) and/or any other devices and the necessary hardware and software associated thereto along with internet connections that may be required to access and use Our Platform(s). You agree not to access (or attempt to access) the Platform(s) and the materials or Services by any means other than through the interface that is provided by Us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform(s), or in any way reproduce or circumvent the navigational structure or presentation of the Platform(s), materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform(s). 

You understand that by using the Platform(s), You may encounter material that You may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, You agree to use the Platform(s) at Your sole risk and We shall have no liability to You for such material. Further, You may report such offensive content and We shall, in Our sole discretion, reserve the right to remove any such content. You agree that We may, at any time, alter, modify, suspend or discontinue all or part of the Platform(s), charge fees for use of the Platform(s), or offer opportunities to some or all Platform(s) users and for any reason, without notice or cost.

You must not in general do the following acts (non-exhaustive list): 

1. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; 
2. Engage in any activity that interferes with or disrupts access to the Platform(s) or Our Services or the servers and networks which are connected to the Platform(s); 
3. Attempt to gain unauthorized access to any portion or feature of the Platform(s), any other systems or networks connected to the Platform(s), to any Futwork server, or to any of the Services offered on or through the Platform(s) by hacking, password mining or any other illegitimate means; 
4. Probe, scan or test the vulnerability of the Platform(s) or any network connected to the Platform(s), nor breach the security or authentication measures on the Platform(s) or any network connected to the Platform(s). 
5. Not reverse look-up, trace or seek to trace any information on any other user of the Platform(s) including any account not owned by You, to its source, or exploit the Platform(s) or Services or information made available or offered by or through the Platform(s), in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform(s);
6. Disrupt or interfere with the security of, or otherwise cause harm to the Platform(s), systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform(s) or any affiliated or linked sites and shall not bypass any measures used by Us to prevent or restrict access to the Platform(s);
7. Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
8. Create user accounts by automated means or under false pretenses or mislead others as to the origins of Your communications;
9. Trick, defraud or mislead Futwork or other Users, especially in any attempt to learn sensitive account information such as passwords;
10. Threatens the security of any computer network, or cracks any passwords or security encryption codes;
11. Make improper use of the Futwork’s support services or submit false reports of abuse or misconduct;
12. Create or transmit unwanted electronic communications such as “spam,” to other users or members of the Platform(s) or otherwise interfere with other users’ or members’ enjoyment of the Platform(s) or Services;
13. Engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any websites or services that are deemed spam, malware, or contain objectionable material in Futwork’s sole discretion;
14. Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancel bots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices; 
15. Copy or adapt the Platform(s) software including but not limited to Flash, PHP, HTML, JavaScript or other code;
16. Use any device or software to interfere or attempt to interfere with the proper working of the Platform(s) or any transaction being conducted on the Platform(s), or with any other person’s use of the Platform(s);
17. Use the Platform(s) or any material for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Futwork or other third parties;
18. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term “Futwork” or otherwise engage in any conduct or action that might tarnish the image or reputation of Futwork or otherwise tarnish or dilute any Futwork’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
19. Violate any code of conduct or other guidelines or breach any Applicable Laws or regulations for the time being in force, including these Terms and Our Privacy Policy.

INTERRUPTION OF SERVICES:

You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events and We shall not be responsible for any interruption of Services and/or loss of any data, while transmitting information on the Platform(s) or otherwise. Our Platform(s) may be unavailable from time to time for any reason, including, without limitation maintenance. You understand and acknowledge that access to the Platform(s) may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Platform(s) We reserve the right to limit the use of Platform(s) to any person or geographic region. We may exercise this right on a case-by-case basis, as and when deemed fit by Us.    

MARKETING:  

By providing your contact information, you agree to receive marketing related emails, SMS and/or phone calls from Us. These communications may include, but are not limited to promotional offers, newsletters, surveys, and other information related to Our Services. We may personalise the email/message content based upon any information You have provided to Us and Your use of the Platform(s). You can opt-out of receiving marketing related emails by clicking the "unsubscribe" link at the bottom of any email communication. To stop receiving marketing SMS messages or phone calls, you may contact us at the email id mentioned below. Your request will be processed promptly, and we will cease sending marketing communications.

We may use information which we hold about You to show you relevant advertising on third party websites (e.g. Facebook, Google, Instagram, Snapchat and Twitter). If You don’t want to be shown targeted advertising messages from Futwork/ some third party websites allow You to request not to see messages from specific advertisers on that website in future. The User hereby agrees that Futwork may share the personal information of a User with other entities for assistance in sending marketing related communications on Our behalf, provided that such other entities conform to the data protection policies of Futwork.  

INTELLECTUAL PROPERTY RIGHTS:  

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Platform(s) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by You of any such matters or any part of the Platform(s) is strictly prohibited. The User does not acquire ownership rights to any content, document, or other materials viewed through the Platform(s). The posting of information or materials on the Platform(s) does not constitute a waiver of any right to such information and materials.

The User may view, and use content contained on this Platform(s) solely for its own personal use and provided that:

1. the content available from the Platform(s) is used for informational and non-commercial purposes only;
2. no text, graphics, or other content available from the Platform(s) is modified in any way;
3. no graphics available from the Platform(s) are used, copied, or distributed separate from accompanying text;
4. no content available from Platform(s) may be used for any purpose which is offensive, or which disparages, damages or otherwise negatively reflects upon Futwork, its employees, or its management.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or other grant of right to use any patent, copyright, trademark, or other intellectual property of Futwork or any third party, except as expressly provided herein.

All right, title, and interest in and to the Platform(s) shall remain the exclusive property of Futwork. The Platform(s) are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing in these Terms gives You a right to use Our name or any of Our intellectual property.

Futwork reserves the right in its sole discretion to edit or delete any documents, information, or other content appearing on the Platform(s). Trademarks mentioned on the Platform(s) are either trademarks or registered trademarks of Futwork. 

DISCLAIMER OF WARRANTIES AND LIABILITIES:

It is Our goal to offer reliable quality of Services. However, We offer no guarantees or warranties. You accept the content on the Platform(s) in a “as is” and "as available" basis. To the extent that You make any reliance upon the content from this Platform(s), You do so at Your own risk. No warranties are made that the Platform(s) will be available on a consistent basis, that defects in the Platform(s) will be corrected in a timely manner or that the Platform(s) will be free of viruses or other harmful materials. We are not liable to You or any third party for any omissions, errors, inaccuracies, delays, failures, interruptions, viruses, defects, deletions, failure in networks or communications lines, destruction, theft or unauthorized access to Your network, system or computer. We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform(s); and/or any interruption or errors in the operation of the Platform(s). We make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform(s). You shall accept sole responsibility for, and We shall not be liable for, any use of the Platform(s) by You or any other third-party and You shall hold Us harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of such use. 

The Services are provided by Us without warranties of any kind, whether express or implied or statutory or otherwise. Without limiting the foregoing, We do not warrant that the Services or any part thereof will meet Your requirements or that the Services or any part thereof will be available at any particular time or location, uninterrupted or secure. We are not liable for the privacy of any information made available on Our Platform(s) or otherwise connected with Your use of the Platform(s). We will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Services, including payment for Services provided by a third party even if such Services are the result of You meeting any third-party through the Platform(s). We are not responsible for any damages, injury or economic loss arising from the use of Services provided by Us. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, whether in tort or contract or under any Applicable Law and shall apply to the maximum extent permitted by applicable law.  

PRIVACY POLICY:  

You acknowledge and consent that You have read and fully understood these Terms and the Privacy Policy of the Platform(s) and that they are legally binding on You. The Terms and the Privacy Policy are to be read concurrently with one another.    

COMPLIANCE WITH LAWS:  

You shall be solely responsible for compliance of all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental Authority, statutory authority, tribunal, board or court in India or outside India for: Use of the Platform(s); or Use of any Services available on the Platform(s).  

INDEMNIFICATION:  

You agree to indemnify, defend and hold harmless Futwork (and Our holding, subsidiary, affiliates, officers, directors, employees and agents) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of or arising from: (i) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms, (ii) Your use of and access to the Platform(s); (iii) Your violation of any provision of these Terms; (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right or other intellectual property right; or (v) arising out of non-compliance with any Applicable Law and rules or regulations by You.

To the fullest extent permitted by law, in no event shall the Company or any of its affiliates, holding companies, group companies, subsidiary companies, directors, officers, employees, agents, contractors or content or service providers (collectively, the “Futwork Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use the Platform(s) or for any other claim related in any way to your use of the Platform(s) including, but not limiting to, any error or omissions in the contents, materials and functions related thereto, provision of information via the Platform(s). In the event the Applicable Laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, then the liability of Futwork Representatives shall be limited to the maximum extent permitted by law.

The provisions of this clause shall survive the termination of the Terms  with respect to any claim or liability accruing before such termination. 

GOVERNING LAW AND DISPUTE RESOLUTION:  

We will try to solve any disagreements quickly and efficiently. Our rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of India and the place of jurisdiction shall be exclusively in Mumbai. You waive Your right to institute legal proceedings in any other jurisdiction. However, We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms in any jurisdiction where You reside, do business or have assets.  

MISCELLANEOUS:  

We shall not be deemed to have waived any right available to Us under these Terms unless the waiver is in writing. A failure to exercise or delay in exercising any right will not operate as a waiver of that right. 

If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attack only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect. 

These Terms and Privacy Policy (as updated from time to time), constitute the entire agreement between You and Us and govern Your use of the Platform(s) and any Services offered on the Platform(s). 

The rights and remedies available to Us under these Terms are independent, cumulative and without prejudice to Our rights under law and equity. 

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between You and Futwork and You shall have no authority to bind Futwork in any manner whatsoever. 

You will not assign or otherwise transfer these Terms or any of your rights and obligations under this Terms, without our prior written consent. Any assignment or transfer in violation of this Clause will be void. We may assign these Terms without your consent to any third party and effective upon such assignment, the assignee is deemed substituted for Futwork to these Terms and Futwork is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure: Futwork and Futwork’s Representatives will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes, or other industrial disturbances, pandemics, epidemics, the government imposed lockdowns, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

We may provide any notice to You under these Terms by: (i) posting a notice on the Platform(s); or (ii) sending a message to the email address then associated with Your account. Notices We provide by posting on the Platform(s) will be effective upon posting and notices we provide by email will be effective 12 hours after an e-mail bearing such notice is sent to the e-mail address of the party to whom such notice is sent. It is Your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when we send the email, whether or not You actually received the email. 

All communications and notices made or given pursuant to these Terms must be in the English language. 

REPORT ABUSE:  

If You come across any abuse or violation of these Terms or Privacy Policy by any User, please report it to Futwork Priority Support. We shall process all claims of abuse which may result in removing the reported User from Our Platform(s) and/or suspension or termination of the account of the User. If the aggrieved User feels that he has been wrongfully accused, he is encouraged to reach out to us on  priority@futwork.com.

FEEDBACK:  

We may, from time to time, invite or provide You with means to provide feedback regarding the Platform(s), and in such circumstances, any feedback You provide will be deemed non-confidential and We shall have the unrestricted right, but not the obligation, to use such feedback on an unrestricted basis. 

CONTACT US: 

We encourage You to contact Us in case You have any queries regarding these Terms or otherwise at [priority@futwork.com]. 

GRIEVANCE OFFICER:  

In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below: 

Name: Armaan Vananchal  

E-mail id: priority@futwork.com