This document was last updated on 1st January 2017. Please address any questions to our customer support at http://support.frugal-labs.com.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain names frugal-labs.com and myflip.io (hereinafter referred to as "website / Websites") are owned by Frugal Labs Tech Solutions Pvt. Ltd. Headquartered in Bengaluru, India; a private limited company incorporated under the Companies Act, 1956 with its registered office at #125, Kaveri Main Road, Udayanagar, Bengaluru - 560016, Karnataka, India (hereinafter referred to as "Frugal Labs" or "frugal labs").
- Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- 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 terms Frugal Labs, FLIP, myflip, frugal-labs.com, myflip.io or otherwise engage in any conduct or action that might tarnish the image or reputation, of Frugal Labs on platform or otherwise tarnish or dilute any Frugal Labs'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. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Frugal Labs's systems or networks, or any systems or networks connected to Frugal Labs.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and Outside India Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Frugal Labs shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Online Training / Course
- When registering for online training from Frugal Labs, you give consent for Frugal Labs to use your details provide during registration, your interactions with our engineers / trainers / or anyone associated with frugal labs and your testimonials for the purpose of publicity / website contents.
- You agree to pay the complete amount indicated after registration and any falsification of payment will lead to legal actions.
- The online courses may be live or pre-recorded. We make sure that users get uninterrupted access to our service, but there is no obligation to do so.
- We are not responsible for the charges incurred for the usage of Internet. Also, the user is fully responsible for the proper functioning of computer, hardware and internet access. We are not responsible and are not obligated for issues in your network or server beyond certain limits.
- The contents, codes, training materials, training videos, etc. are the copyright of Frugal Labs and we have the right to claim authority (in partial or full) over any development you do using our resources.
- Some or all the online training courses may include hardware kit referred to as FLIP Kit. (FLIP being the acronym of Frugal Labs IoT Platform). Though FLIP is an open source platform, you accept that we have right to use your ideas and work developed using FLIP as our own without your permission or consent. You will be given due credits for the same wherever necessary.
- The courier charges of the FLIP kit will be included in the final payment of the course unless otherwise specified explicitly.
- The online training charges for any course includes the cost of the FLIP kit, the packaging cost, training cost and shipping and handling cost. Under any circumstances, the final amount paid by you to Frugal Labs will not include (unless explicitly mentioned) import tax / customs tax / custom duties or any such amount levied on you by your country’s government for “importing” the kit from us.
- You will have lifetime access to all course materials (only to the particular course you have enrolled in). If under any circumstance, the materials available online are about to be taken down, you will be given provision to download these materials / resources and the same will be intimidated to you by email before 15 days.
- All the certificates of the courses will be e-certificates. The decision of issuing hard copies of the certificates lies with Frugal Labs.
- More details regarding FLIP and FLIP kit can be found in the FLIP and FLIP kit section.
- FLIP and FLIP kit
- FLIP (acronym for Frugal Labs IoT Platform) is an open-source prototyping platform which is designed and developed by Frugal Labs. FLIP and its website “myflip.io” is a part of Frugal Labs and the products based upon it are an internet based IoT applications ("Applications") who's performance and capabilities are dependent on the accuracy, completeness or reliability of 3rd party products, smartphone manufacturers, internet service providers. Frugal Labs Tech Solutions Pvt. Ltd. ("Frugal Labs") is the creator and owner of this Application and while care has been taken to ensure that the same is error-free, the same is being provided to you on an 'as is' basis with no express or implied warranties relating to its performance, reliability or accuracy. You shall deploy this Application solely for the purposes of your personal internet based alert system applications and you understand and acknowledge that availing of any services offered by the Application or any reliance on any opinion, advice, statement, warning, alert or information made available by you by the Application shall be at your risk.
- Frugal Labs and its affiliates, subsidiaries, employees, officers, directors and agents, expressly disclaim any liability for any deficiency in the services offered by the Application that you are about to access. Neither Frugal Labs nor any of its affiliates nor their directors, officers and employees will be liable to or have any responsibility of any kind for loss that you incur in the event of any deficiency or lack of reliability or accuracy of the Application, failure or disruption of the Application, or resulting from any act or omission of any other party involved in making this Application complete and available to you, or from any other cause relating to your access to, inability to access, or use of the same. In any case, Frugal Labs's total aggregate liability for any claims (whether direct or indirect) made on it by any party relating to use, inability to use, or otherwise, shall not in any event exceed the sum of Indian Rupees One Hundred only.
- By using the FLIP and products based upon it you acknowledge the disclaimer above.
- Your FLIP kit will be tested by our engineers / associates before it is packed and shipped. While frugal labs ensures that the kit will be in a working condition, rare chances may occur where the kit may not work as it should when the customer / client uses it (This includes damages resulting in mishandling of the kit or wrong connection of components / kit). We shall attempt remote repair of the same or request you to send back the kit to us. The courier charges for resending the kit to us shall be beared by the customer/ user / client itself. The kit can be replaced or repaired upon our discretion. The cost to repairs any damages caused to the kit due to wrong connections or mishandling by the customer / user / client shall be charged on the customer / user / client itself. Final decision is reserved by Frugal Labs.
- Frugal Labs SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, WHETHER OR NOT Frugal Labs HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
- Shipping / Courier details
- By enrolling to any online course offered by frugal labs that involve shipping of the FLIP kit, you agree to the terms and conditions stated therein.
- For domestic / outside India shipping of the kits, Frugal Labs utilises services of courier companies for shipping and delivery of your kit. Frugal Labs will have the right in choosing the courier company it wishes. Frugal Labs will not be involved in any way pertaining to the shipping of your kit. Once the courier is booked, and its tracking details are shared with you, you agree to be responsible in tracking your shipment and collecting it from the company when it reaches the destination country. For outside India couriers, Frugal Labs will not be involved in tracking the courier or contacting the courier company for any information what-so-ever on your behalf. Once the kit is shipped from us, we will not be entitled to provide any refund of the amount paid by you or cancellation of your registration under any circumstances.
- The amount paid by you at the time of registration will not involve any import taxes, custom duties etc. You will solely be responsible for paying those charges to your customs department and getting your kit delivered. Frugal labs will not take responsibility of such charges and will not interfere in your country’s import laws.
- Kits shipped to destinations outside the India might incur duties and taxes. If duties and taxes are imposed on your order, they are due at time of delivery. Please consult your local customs office for more details about your country's duties and taxes. We are not responsible for any import taxes, duties, or brokerages fees which may be incurred on your international order shipment.
- The customer shall be solely liable for all costs and expenses which shall without limitation include Octroi, state and local taxes and import duties related to the shipments and for costs incurred either in returning the shipment to the Shipper or warehousing the shipment pending such return.
- Furthermore, the courier will be booked by Frugal Labs taking into considerations the details such as name, email id, contact number, address, etc. provided by you during or after registration. Frugal Labs will not be responsible for wrong details provided and in case the shipping is rejected due to incorrect address, we will not be responsible for the same.
- All taxes such as Octroi, entry taxes and other statutory payments, if any levied on the shipments are to be borne by the Client / Customer and in his absence the same will be borne by the RECEIVER. Frugal Labs will not extend any credit for Octroi and other statutory charges;
- Applicable service tax shall be levied to the customer at the time of payment for registering to any course and the same are included in the total amount paid to Frugal Labs;
- Limitation of Liability
- Without prejudice to Section 9 and Section 10, Frugal Labs will not be liable for any loss or damage to the shipment of your kit. The issue will be between you and your courier company and Frugal Labs will not interfere in the same.
- Frugal Labs will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Frugal Labs has been advised of the possibility of such damages.
- Disclaimer of warranties and Liabilities
- This Website, all the materials and products (including but not limited to hardware and software) and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in Without prejudice to the foregoing paragraph, Frugal Labs does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading
- Frugal Labs will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Frugal Labs does not warrant that this Website information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
- Nothing on Website constitutes, or is meant to constitute, advice of any kind.
- You will be required to enter a valid phone number and email id while registering for our courses. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any booking or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
- In particular, Frugal Labs will not be liable for any loss or damage to the shipment once it is handed out to the courier company.
- No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the shipment traveling under the Air Waybill.
- The customer / client indemnifies Frugal Labs against loss, damages, penalties, actions, proceedings etc. that may be instituted by any Government Officials in discharge of their official duties including but not limited to Customs//Octroi/ State or Municipal Tax Inspection etc.
- We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
- We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
- Claims / Refund policy
- Once you have completed payment of our online courses, Frugal labs will not entertain refund / cancellation of your registration (after payment) under any circumstances.
- The refund is applicable only if the complete batch is cancelled or gets cancelled due to unforeseen circumstances from our end.
- Some of our online courses may be newly introduced. Such courses are developed and perfected over time by taking feedback from the trainees taking up the course.These teainees will be our "Beta Learners" and such courses will be given at special introductory prices. Frugal Labs reserves the right to not promote such courses as "New courses" and we have no obligation to explicitly disclose weather you are a "Beta Learner" or not. Such courses may take upto 6 months to get perfected and completed. Frugal Labs strives to give the best possible support and learning experience; but are not obligated to do so.
- If some your online courses gets delayed or halted due to any reason, Frugal Labs will have upto 6 months duration from the day your course started to provide you with the entire course content (lecture videos, codes, and documentation) as mentioned in the respective course page. If you do not receive the contents of the course even after the said duration, you may then raise a request for refund of your course fee. Any request for refund before that duration will not be entertained. The refund may be processed after deducting the relevant costs for the e-learning contents, videos, material, etc., shared with you till that date and the hardware kits shipped, etc., and the remaining amount will be eligible for refund. The decision to refund any amount lies with Frugal Labs and you strongly agree with the above mentioned condition(s) when you enroll to any of our courses (both on-line and off-line).
- With respect to the above mentioned condition, if your claim for refund is accepted by Frugal Labs, it will take up to 20 working days to process the same. The refund can be givn as a direct money transfer to the account from which you have made the payment or an equivalent amount can be given to you in terms of e-wallet cash. The decision rests with Frugal Labs and cannot be contested upon.
- Once the shipment of your hardware kit(s) / component(s) is done, all claims shall be directed towards the courier / shipping company.
- All projects or products developed using FLIP (including but not limited to FLIP kit, FLIP Cloud, FLIP codes / code snippets / architecture, and any and all resources provided by Frugal Labs) will become the Intellectual property of Frugal Labs. Due credits shall be be given to the developer wherever necessary.
- Frugal Labs reserves the absolute right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site.
- Promotional offers and Discounts
- Frugal Labs may offer certain promotional / discounted services / courses and free services / courses to the general public from time to time. We hold the right to stop such services at our own discretion without prior notification to the public.
- The discounted courses offered to our existing customers can be extended or stopped without any prior notice. This is under the sole discretion of Frugal Labs.
- Trademark, Copyright and Restriction
This Websites and it’s associated sub sites is controlled and operated by Frugal Labs. All material on these Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. The logos of our clients, vendors, etc., used in our site are respective trademarks of the respective companies.
Governing Law and Jurisdiction