Website Terms and Condition
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Green Everest Entertainment Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at ELIM NEST, 21ST MILE DOKYONG 2, P.O. PEDONG KALIMPONG Darjeeling West Bengal, 734311 (“Green Everest”) owns the domain name www.flipeverest.com (“Website”). The Website allows, upon subscription and payment of necessary subscription fee, users to access and view, inter alia, movies, music and videos (“Content”) streamed over the Internet to certain Internet-connected TVs, desktops, laptops, mobiles and other devices.
2. Free Consent
You state that the very fact that you are visiting / have visited the Website is a complete unqualified acceptance of yours relating to various terms and conditions detailed in the website as also in the disclaimer section of this Agreement. You fully declare and undertake with a sound mind without any undue force, pressure, influence or coercion on you, that you shall be fully bound by the terms of the website as also by the terms of the disclaimer. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a visitor of this website or as a seeker or querist of opinion, advice or consultancy from the services of the website or on account of non-payment of any dues in respect of the services rendered under this Agreement then the exclusive jurisdiction to file law suits against you, being the visitor or querist, shall be in the courts at West Bengal only.
Membership to the Site is void where prohibited. For using this site you must be eligible to enter into contract as per the applicable laws of India and country of your residence. Your use of this Website represents and warrants that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You agree to inform Green Everest your subsequent disability to enter into any contract. Subsequent disability shall entitle Green Everest to restrict/change/terminate this agreement at its own discretion.
4. Accessing the Service through VPN
You should not access or use the Service or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).
5. Electronic Communications
When You use / avail the Services or send any data, information or communication to Green Everest, You agree and understand that You are communicating with Green Everest through electronic media/ records and You consent to receive communications via electronic records from Green Everest periodically and as and when required. Green Everest will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Green Everest or made available to Green Everest through a Partner which will be deemed adequate service of notice / electronic record.
You acknowledge and specifically consent to Green Everest contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable Green Everest to deliver the Services to you and/or enhance the delivery of the Services to you:
- To obtain feedback regarding the Service;
- To contact you for offering new products or services, whether offered by us, or our respective affiliates or partners.
You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.
The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Green Everest.
6. Subscription Services and Membership
Some of the Content made available on the Site can be accessed only by those registered Users, who have registered under a subscription model (“Subscription User/Member”). You may need to register yourself on the Site to avail these services on a subscription model (“Subscription/Membership”). To become a Subscription User, You may be required to provide certain personal information to Green Everest and may be required to make payments (“Subscription Fee”) as per the applicable subscription plan through a debit card, credit card, internet banking or other payment method accepted by Green Everest (“Payment Method(s)”) that You opted for during registration. Green Everest uses third party payment gateways to process and facilitate the payment of Your Subscription Fee to Green Everest. On successful registration to the Subscription, Green Everest will notify You of the same. We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.
The periodicity of such Subscription/Membership plans can be monthly, quarterly, half yearly and annually, depending on the structure of the plan as may be decided by Green Everest. Green Everest shall have the discretion to make certain Content, that is a part of the Subscription, available to You on more than one end user Compatible System concurrently. Green Everest shall also have the discretion to make certain Content, that is a part of the Subscription, available to You on not more than one end user device concurrently.
7. Billing and Payments
GREEN EVEREST will automatically start billing as per Your selected Payment Method for the Subscription plan elected by You at the time of registration through the third-party payment gateway.
You can update your Payment Methods by going to the Website’s relevant section. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
The Subscription Fee will be billed at the beginning of Your Subscription membership and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription or the Subscription is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription, You need to visit the “SUBSCRIPTION” section on Your profile page. Your subscription automatically renews unless cancelled at least 24- hours before the end of the current period. Otherwise, your account will be charged for the renewal within 24-hours prior to the end of your current period.
GREEN EVEREST will be automatically billing as per Your Payment Method for each Subscription period (as per the Subscription plan chosen by You). However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed.
The Subscription Fees specified for each Subscription plan are exclusive of applicable taxes.
The Subscription Fees billed are non-refundable irrespective of whether the Subscription has been used by You or not.
You also understand and acknowledge that GREEN EVEREST only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third -party payment gateway provider and You are required to follow and accept all the terms and conditions of such third-party payment gateway provider. You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third – party payment gateway provider for a response.
You can cancel your GREEN EVEREST subscription membership at any time, and you will continue to have access to the GREEN EVEREST service through the end of your subscription period. We do not provide refunds or credits for any partial membership periods or unwatched GREEN EVEREST content. To cancel, please e-mail customer care team at firstname.lastname@example.org within 1 hour from making the payment. If you signed up for GREEN EVEREST using your account with a third party as a Payment Method and wish to cancel your subscription membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the GREEN EVEREST service through that third party. You may also find billing information about your subscription membership by visiting your account with the applicable third party.
3. Changed to the Price and Subscription Plans.
In case of change in the Subscription Fee for a particular membership plan that is already opted by You, GREEN EVEREST will give You an advance notice of these changes. You will be able to cancel Your Subscription if You do not agree to the changed fee. To the extent permitted by applicable law, GREEN EVEREST reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the Site and Your continued use of the Service shall be deemed to be Your acceptance of such amendments.
GREEN EVEREST reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. GREEN EVEREST does not guarantee the availability of a specific Content or a minimum amount of Content that is subject to a Subscription Fee.
4. No Refunds.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
8. Copyright Policy
You can not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website through the GREEN EVEREST Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
GREEN EVEREST Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the West Bengal address located under the Help/Contact section on the site.
your use of the Website and it’s service is at your sole risk please note that this contract stricly limits our liability and GREEN EVEREST does not provide warranties for the service. The contract also limits your remedies. The video content available on the Website is designed and created for those who are practising and professing Christians therefore, opinions, ideas, visuals and sounds, are not meant to hurt the sentiments or religious, racial belief of any groups or individual. Any data, interpretation, prediction or information in any form received through GREEN EVEREST should not be treated as substitute for advice or treatment you would normally receive from medical professionals, financial advisors, legal consultants and other such licensed services. GREEN EVEREST and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement.
Counseling or Teachings offered through Website is based on cumulative or individual knowledge, experience, interpretations and Understanding of Religious Literatures Christian Faith and as such it may wary from one Person to another.
All the video contents designed and uploaded in Website are for the edification and enlightenment of practising and professing Christians therefore this Website in any ways in intent or in action is aimed at proliferation of Christian faith.
Advisors on the panel of GREEN EVEREST may from time to time make recommendations of using Spiritual Literatures, or other remedies to be used by you. Such recommendations are being made in good faith by the GREEN EVEREST and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
(i) the service will meet your requirements;
(ii) the service will be uninterrupted, timely, secure or error-free;
(iii) the results that may be obtained from the use of the service will be accurate or reliable;
(iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and
(v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
10.Limitation on liability:
you expressly understand and agree that Flipeverest.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GREEN EVEREST has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service.
(ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service.
(iii) Unauthorized access to or alteration of your transmissions or data.
(iv) Statements or conduct of any third party on the service.
(v) Any other matter relating to the service.
Notwithstanding anything to the contrary contained herein, Flipeverest.com liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Flilpeverest.com, for the service during the term of membership.
Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 24 months from the date when the claim first could be filed.
If there is any dispute about or involving the Site and/or the Service, by using the services you further agree that the disputed matter will be governed by the laws of India. You agree to the exclusive jurisdiction of the courts of West Bengal, India.
You agree to indemnify and hold Flipeverest.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.
By becoming a Member of the Site Service, you agree to receive certain specific emails and SMS from Flipeverest.com. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Flipeverest.com service, contains the entire agreement between you and Flipeverest.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement, you shall forthwith report such violation to Flipeverest.com by writing to Customer Care. On receipt of such complaint, Flipeverest.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee. Flipeverest.com is a trademark of Green Everest Entertainment Pvt. Ltd. By joining Flipeverest.com, you confirm that you have read the above provisions and agree to abide by them.
Images: Some images used in the site have been taken from the internet and if, any of these belong to you, please let us know. Send us a notification and we will promptly remove these post verification.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Green Everest may also impose limits on certain features and services or restrict your access to parts or all of the Green Everest Services without any notice or liability.
16.Export Control Regulations
You hereby acknowledge agree to comply with all applicable laws regarding software and the transmission of technical data exported from the country in which you reside.