Frank

These Terms and Conditions constitute an Agreement between you as ‘Transporter’ and the ‘Frank’. Please read it carefully before accessing and using Frank solution, including its Service(s) and App(s). This implies your understanding, agreement and acceptance of the full Terms and Conditions, contained herein.

Nonetheless, your personal data protection and privacy are ensured, and your statutory consumer rights are unaffected.

The following definitions shall have the meaning and interpretation, regardless of whether they appear in singular or in plural, or as noun or pronoun in these Terms and Conditions.

1. DEFINITIONS

1.1 “Account” or “User Account means a unique virtual account, created for or by Transporter, in order to access App(s) and Service(s) of Frank.

1.2 “App Store” or “Application Store” means the digital distribution forum, from where user can download App(s). App Store included but not limited to Google’s Play Store, Apple’s App Store, and Huawei’s AppGallery.

1.3 “App” or “Application” means the software program(s) provided by the Frank via any platform, that is downloaded, accessed and/or used by Transporter, or other entitled entity, on required electronic device, computer, laptop, smartphone, mobile phone or gadget.

1.4 “Back Office” (also abbreviated “BO”) means a not-client-facing technical premises for system administration, database management and maintenance of the App(s) and Service(s) of Frank.

1.5 “Company” here stands for the “Frank” (which is a registered and legal company). Words like "We", "Us" or "Our" in this document also refers to the Company.

1.6 “Confidential Information” means non-public information of a competitive or commercially sensitive, proprietary, financial, trade information, technical data, app functionality, or any information that involves or implicates privacy interests.

1.7 “Content” refers to any text, numbers, images, graphical elements, or other information that is submitted, received, viewed, linked or otherwise made available in the App(s) and Service(s) of Frank.

1.8 “Credentials” means mandatory information including user-name, email id, phone number and password, that is required in the process of subscription, registration and signing-in.

1.9 “Customer” means any individual, company, or other legal entity, that is duly registered and legally uses the App(s) and Service(s) of Frank on required and relevant device. If you are Customer of Frank, then words “You” and “your”, in this document, refer to Customer.

1.10 “Device” means modern digital device and gadget that enable you to access and use the App(s) and Service(s) of Frank; such as a computer, laptop, smartphone, mobile phone, tablet etc.

1.11 “Order” is a request and process of shipping parcel from one place to another. Order is placed by Customer, and fulfilled by Transporter. Another kind of Order involves parcel storage at Space.

1.12 “Payment” is the performance of an obligation to pay money, such as payment of order delivery amount, store subscription, transporter commission etc.

1.13 “Registration” is an act of online registration that initiates the process of becoming Transporter of Frank. It requires an agreement between you as Transporter and Frank, that legally entitles you to access and use its App(s) and Service(s) of Frank for agreed period of time.

1.14 “Service” or “Service(s)” or “Services” includes different types of shipping deliveries, digital facilities, virtual functionalities and features, directly or indirectly provided by Frank to its Customers, Transporters and Stores.

1.15 “Sign-in” (also known as Log-in) refers to act of legally accessing the App(s) and Service(s) with the help of valid Credential on required Device.

1.16 “Space” (also termed Storage or Space Storage or Space Store) is a special entity that facilitates temporary storage of customers’ parcels and packages. It may also fall under the category of Store.

1.17 “Store” by definition is any online store by means of which general goods or services are sold over the internet. It is available as Web-App or App, with e-commerce solution, plug-ins and payment system. Frank offers its Service(s) to subscribed stores. If you are a subscribed Store of Frank, then words “You” and “your”, in this document, refer to Store.

1.18 “Support” means technical support and assistance (whether verbal, written, graphical, audio or visual), provided by Frank to you as Transporter.

1.19 “Terms and Conditions” (also referred as "Terms" or “Terms of Use”) means these Terms and Conditions, that form the entire agreement between Transporter and the Frank, regarding the access and use of the its App(s) and Service(s).

1.20 “Third-party” (also abbreviated “3P”) means virtual services, platforms, or software (including APIs, syntax, products, services, or programing snippet) that are created and provided by any third-party entity, and that is directly or indirectly incorporated in the front-end or backend of Frank App(s) and Service(s).

1.21 “Tracking” refers to a Service of tracing the location and status of requested Order, from its origin to final destination, and providing this information to the relevant Customer and involved entity.

1.22 “Transporter” refers to a registered and verified person that manages and delivers the requested Order of Customer. Under Frank umbrella, Rider, Fleet Manager, Sub-Rider and Air-Rider are different types of transporters. If you are Transporter of Frank, then words “You” and “your”, in this document, refer to Transporter.

1.23 “Update” means minor change(s) in the existing front-end or back-end, in order to fix technical issue(s), or to improve and enhance the Frank App(s) and Service(s).

1.24 “Web App” (i.e. web application) is an instance of Frank App(s) that is accessed and used by Transporter with the help of any recommended internet browser.

2. ACKNOWLEDGMENT

2.1 These are the Terms and Conditions governing the use of App(s) and Service(s) and the agreement that operates between you as Transporter and the Company. These Terms and Conditions set out the rights and obligations of all users of the App(s) and Service(s).

2.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the App(s) and Service(s).

2.3 By accessing or using the App(s) and Service(s), you agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then you may not access the App(s) and Service(s).

2.4 You represent that you are adult of over the age of 18 years. The Company does not permit those under 18 to use the Service(s).

2.5 You are in normal physical and mental condition, that do not hinder the essential expertise, required to operate the Device and access and utilize the App(s) and Service(s).

2.6 Your access and use of the App(s) and Service(s) is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company.

3. INTELLECTUAL PROPERTY

3.1 The architecture, programming codes, database, logical flows, interface, features and functionalities of the App(s) and Service(s) are, and, will remain the exclusive property of the Company.

3.2 The Company and its App(s) are protected by copyright, trademark, and other laws of both the France and European Union.

3.3 The brand name, trademark, and content may not be used in connection with any other product or service, without the prior written consent of the Company.

4. PRIVACY AND CONFIDENTIALITY

4.1 Company and Transporter (each party) acknowledges that certain information that will receive from the other party may be confidential information of the other party. Any party receiving confidential information shall exercise the same degree of reasonable standard of care and protection with respect to the other party.

4.2 The recipient of the confidential information and its personnel may only use other party’s confidential information to the extent necessary to fulfill necessary obligations under the scope of the App(s) and Service(s) of Frank.

4.3 The recipient of the confidential information shall not, directly or indirectly, disclose, copy, share, distribute, republish or allow any other individual or party to have access to any confidential information.

4.4 The recipient of the confidential information may only disclose confidential information to its trusted personnel, if such personnel have a need to know the confidential information in order for the recipient to perform its obligations, and such personnel have agreed in writing to comply with the confidentiality obligations contained in these Terms and Conditions.

5. DATA PROTECTION

5.1 Company will ensure that Transporter Personal Data will be processed in accordance with applicable privacy and data protection laws and regulations.

5.2 Company will treat Transporter Personal Data confidential and implement appropriate technical and organizational measures to protect this data.

5.3 Company will not share Transporter Personal Data to any irrelevant third-party, out of technical scope of App(s) and Service(s) of Frank.

5.4 Company will process Transporter Personal Data solely for the purpose of providing the agreed Service(s) and Support.

6. USER ACCOUNT

6.1 While registering and signing-in the App(s), you must submit valid Credentials that is accurate, complete, updated, and not harmful to anyone or anything by any means. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Frank Account.

6.2 While accessing and using the App(s) and Service(s), you must submit required data that is accurate, complete, updated, and not harmful to anyone or anything by any means. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Frank Account.

6.3 You are responsible for protecting the Credentials, that you use to access the App(s) and Service(s) of Frank.

6.4 You agree not to disclose your Credentials (user-name, email, phone number, confirmation-code and password) to any irrelevant entity or third party. You must notify Frank immediately upon becoming aware of any breach of security or unauthorized use of your Account.

6.5 You will not use someone else’s user-name, email or phone number, that is not lawfully entitled to access and use the App(s) and Service(s) of Frank.

7. SUPPORT

7.1 Support is aimed at initial assistance for introducing Transporter to the proper utilization of the App(s) and Service(s), and for troubleshooting any unexpected issue, during limited time period.

7.2 Company will offer technical support to you, if you are a verified Transporter and lawfully using the App(s) and Service(s) of Frank, that explicitly include providence of Support feature.

7.3 Company will provide technical support to Transporter, according to the workhour schedule and time-zone of the support-providing personnel of the Company.

7.4 Company is not bound to offer exhaustive technical support or training program to Transporter, all the time.

7.5 Request for adding a new feature in the App(s) and Service(s) is not, and, will not consider Support.

8. PAYMENT

8.1 Frank does not freely avail shipping and transportation services from its registered and verified Transporters, unless explicitly mention.

8.2 A certain amount of applicable commission is paid to you as Transporter, subject to Order amount and other applicable conditions.

8.3 You will keep your contact information, invoice billing information, bank account and credit card information up-to-date.

8.4 You authorize Frank to use your credit card and bank account for transactions of the receivables and payables.

8.5 You authorize legal third party to process payments, and consent to the disclosure of your payment information to such third party.

8.6 All invoiced amounts, to or from concerned party (whether You or Company), are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified and mutually agreed.

8.7 Company reserves the right to levy penalty charges upon you as Transporter, for cancelling the Customer Order after accepting, or delaying the shipping delivery, or rendering any intentional damage to ordered parcel.

9. LIMITATION OF LIABILITY

9.1 In no event will Company be liable for any incidental, consequential, special, punitive, direct or indirect loss of business opportunity, loss of goodwill, loss of profits, loss of vehicle, loss of parcel package, or loss of personal data which may arise in connection with or pertaining to App(s) and Service(s) of Frank.

9.2 In no event will Company be liable for any incidental, consequential, special, punitive, direct or indirect damage to any real estate property, damage to any vehicle, damage to any device, damage to any hardware, or damage to any parcel package, which may arise in connection with or pertaining to App(s) and Service(s) of Frank.

9.3 In no event shall the Company or its personnel be liable for any: (a) death or physical injury; (b) fraud or fraudulent misrepresentation; (c) willful misconduct; (d) infringement of the other party’s intellectual property rights; (e) the breach of confidentiality and personal data; (f) company payment obligations; or which (g) cannot be limited under applicable law.

10. "AS IS" and "AS AVAILABLE" Disclaimer

10.1 The App(s) and Service(s) of Frank are provided to You, "AS IS" and "AS AVAILABLE" and with all its limitations, technical drawbacks or human errors, without warranty of any kind.

10.2 To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates, and respective licensors and 3P service providers, expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Service(s), including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

10.3 Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service(s) will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.

10.4 Without limiting the foregoing, neither the Company, nor third-party, nor any relevant platform makes any representation or warranty of any kind, express or implied:

(a) as to the operation or availability of the Service(s), or the information, content, and materials or products included thereon;

(b) that the Service will be uninterrupted or error-free;

(c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or

(d) that the App(s), Service(s), its interface, database, content, or e-mails sent from or on behalf of the Company are entirely free of bugs, software viruses, computer worms, malware, or other harmful components.

10.5 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

11. FORCE MAJEURE

11.1 Company shall not be liable to you (as Transporter or any designated entity), for any loss or damages, as a direct or indirect result of the App(s) and Services(s), being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond reasonable control of Company, including but not limited to acts of God, war, riot, strike, lock-down, fire, flood, storm, and natural calamity.

12. SEVERABILITY AND WAIVER

12.1 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12.2 Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect Transporter’s or Company’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

13. CHANGES TO THESE TERMS AND CONDITIONS

13.1 Company reserves the right, at its sole discretion, to modify, add or edit these Terms and Conditions at any time, with or without any prior notification. What constitutes a material change will be determined at sole discretion of Company.

13.2 By continuing to access or use App(s) and Service(s), after those revisions become effective; you agree to be bound by the revised Terms. If You do not agree to the new or revised terms, in whole or in part, please stop using the App(s) and Service(s) of the Company.

These Terms and Conditions constitute an Agreement between you as ‘Store’ and the ‘Frank’. Please read it carefully before accessing and using Frank solution, including its Service(s) and App(s). This implies your understanding, agreement and acceptance of the full Terms and Conditions, contained herein.

Nonetheless, your personal data protection and privacy are ensured, and your statutory consumer rights are unaffected.

The following definitions shall have the meaning and interpretation, regardless of whether they appear in singular or in plural, or as noun or pronoun in these Terms and Conditions.

1. DEFINITIONS

1.1 “Account” or “User Account means a unique virtual account, created for or by Store, in order to access App(s) and Service(s) of Frank.

1.2 “App Store” or “Application Store” means the digital distribution forum, from where user can download App(s). App Store included but not limited to Google’s Play Store, Apple’s App Store, and Huawei’s AppGallery.

1.3 “App” or “Application” means the software program(s) and plug-ins provided by the Frank via any platform, that is downloaded, accessed and/or used by Stores, or other entitled entity, on required electronic device, computer, laptop, smartphone, mobile phone or gadget.

1.4 “Back Office” (also abbreviated “BO”) means a not-client-facing technical premises for system administration, database management and maintenance of the App(s) and Service(s) of Frank.

1.5 “Company” here stands for the “Frank” (which is a registered and legal company). Words like "We", "Us" or "Our" in this document also refers to the Company.

1.6 “Confidential Information” means non-public information of a competitive or commercially sensitive, proprietary, financial, trade information, technical data, app functionality, or any information that involves or implicates privacy interests.

1.7 “Content” refers to any text, numbers, images, graphical elements, or other information that is submitted, received, viewed, linked or otherwise made available in the App(s) and Service(s) of Frank.

1.8 “Credentials” means mandatory information including user-name, email id, phone number and password, that is required in the process of subscription, registration and signing-in.

1.9 “Customer” means any individual, company, or other legal entity, that is duly registered and legally uses the App(s) and Service(s) of Frank on required and relevant device.

1.10 “Device” means modern digital device and gadget that enable you to access and use the App(s) and Service(s) of Frank; such as a computer, laptop, smartphone, mobile phone, tablet etc.

1.11 “Order” is a request and process of shipping parcel from one place to another. Order is placed by Customer, and fulfilled by Transporter. Another kind of Order involves parcel storage at Space.

1.12 “Payment” is the performance of an obligation to pay money, such as payment of order delivery amount, store subscription, transporter commission etc.

1.13 “Registration” is an act of online registration that initiates the process of becoming subscribed Store of Frank. It requires an agreement between you as Store and Frank, that legally entitles you to access and use its App(s) and Service(s) of Frank for agreed period of time.

1.14 “Service” or “Service(s)” or “Services” includes different types of shipping deliveries, digital facilities, virtual functionalities and features, directly or indirectly provided by Frank to its Customers, Transporters and Stores.

1.15 “Sign-in” (also known as Log-in) refers to act of legally accessing the App(s) and Service(s) with the help of valid Credential on required Device.

1.16 “Space” (also termed Storage or Space Storage or Space Store) is a special entity that facilitates temporary storage of customers’ parcels and packages. It may also fall under the category of Store.

1.17 “Store” by definition is any online store by means of which general goods or services are sold over the internet. It is available as Web-App or App, with e-commerce solution, plug-ins and payment system. Frank offers its Service(s) to subscribed stores. If you are a subscribed Store of Frank, then words “You” and “your”, in this document, refer to Store.

1.18 “Support” means technical support and assistance (whether verbal, written, graphical, audio or visual), provided by Frank to you as Store.

1.19 “Terms and Conditions” (also referred as "Terms" or “Terms of Use”) means these Terms and Conditions, that form the entire agreement between Store and the Frank, regarding the access and use of the its App(s) and Service(s).

1.20 “Third-party” (also abbreviated “3P”) means virtual services, platforms, or software (including APIs, syntax, products, services, or programing snippet) that are created and provided by any third-party entity, and that is directly or indirectly incorporated in the front-end or backend of Frank App(s) and Service(s).

1.21 “Tracking” refers to a Service of tracing the location and status of requested Order, from its origin to final destination, and providing this information to the relevant Customer and involved entity.

1.22 “Transporter” refers to a registered and verified person that manages and delivers the requested Order of Customer. Under Frank umbrella, Rider, Fleet Manager, Sub-Rider and Air-Rider are different types of transporters.

1.23 “Update” means minor change(s) in the existing front-end or back-end, in order to fix technical issue(s), or to improve and enhance the Frank App(s) and Service(s).

1.24 “Web App” (i.e. web application) is an instance of Frank App(s) that is accessed and used by Store with the help of any recommended internet browser.

2. ACKNOWLEDGMENT

2.1 These are the Terms and Conditions governing the use of App(s) and Service(s) and the agreement that operates between you as Store and the Company. These Terms and Conditions set out the rights and obligations of all users of the App(s) and Service(s).

2.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the App(s) and Service(s).

2.3 By accessing or using the App(s) and Service(s), you agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then you may not access the App(s) and Service(s).

2.4 You represent that you are adult of over the age of 18 years. The Company does not permit those under 18 to use the Service(s).

2.5 You are in normal physical and mental condition, that do not hinder the essential expertise, required to operate the Device and access and utilize the App(s) and Service(s).

2.6 Your access and use of the App(s) and Service(s) is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company.

3. INTELLECTUAL PROPERTY

3.1 The architecture, programming codes, database, logical flows, interface, features and functionalities of the App(s) and Service(s) are, and, will remain the exclusive property of the Company.

3.2 The Company and its App(s) are protected by copyright, trademark, and other laws of both the France and European Union.

3.3 The brand name, trademark, and content may not be used in connection with any other product or service, without the prior written consent of the Company.

4. PRIVACY AND CONFIDENTIALITY

4.1 Company and Store (each party) acknowledges that certain information that will receive from the other party may be confidential information of the other party. Any party receiving confidential information shall exercise the same degree of reasonable standard of care and protection with respect to the other party.

4.2 The recipient of the confidential information and its personnel may only use other party’s confidential information to the extent necessary to fulfill necessary obligations under the scope of the App(s) and Service(s) of Frank.

4.3 The recipient of the confidential information shall not, directly or indirectly, disclose, copy, share, distribute, republish or allow any other individual or party to have access to any confidential information.

4.4 The recipient of the confidential information may only disclose confidential information to its trusted personnel, if such personnel have a need to know the confidential information in order for the recipient to perform its obligations, and such personnel have agreed in writing to comply with the confidentiality obligations contained in these Terms and Conditions.

5. DATA PROTECTION

5.1 Company will ensure that Store Personal Data will be processed in accordance with applicable privacy and data protection laws and regulations.

5.2 Company will treat Store Personal Data confidential and implement appropriate technical and organizational measures to protect this data.

5.3 Company will not share Store Personal Data to any irrelevant third-party, out of technical scope of App(s) and Service(s) of Frank.

5.4 Company will process Store Personal Data solely for the purpose of providing the agreed Service(s) and Support.

6. USER ACCOUNT

6.1 While registering and signing-in the App(s), you must submit valid Credentials that is accurate, complete, updated, and not harmful to anyone or anything by any means. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Frank Account.

6.2 While accessing and using the App(s) and Service(s), you must submit required data that is accurate, complete, updated, and not harmful to anyone or anything by any means. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Frank Account.

6.3 You are responsible for protecting the Credentials, that you use to access the App(s) and Service(s) of Frank.

6.4 You agree not to disclose your Credentials (user-name, email, phone number, confirmation-code and password) to any irrelevant entity or third party. You must notify Frank immediately upon becoming aware of any breach of security or unauthorized use of your Account.

6.5 You will not use someone else’s user-name, email or phone number, that is not lawfully entitled to access and use the App(s) and Service(s) of Frank.

7. SUPPORT

7.1 Support is aimed at initial assistance for introducing Store to the proper utilization of the App(s) and Service(s), and for troubleshooting any unexpected issue, during limited time period.

7.2 Company will offer technical support to you, if you are a registered and verified Store, and lawfully using the App(s) and Service(s) of Frank, that explicitly include providence of Support feature.

7.3 Company will provide technical support to Store, according to the workhour schedule and time-zone of the support-providing personnel of the Company.

7.4 Company is not bound to offer exhaustive technical support or training program to Store, all the time.

7.5 Request for adding a new feature in the App(s) and Service(s) is not, and, will not consider Support.

8. PAYMENT

8.1 Payment between Frank and Store depends on the subscription plan and commission package for the designated time period.

8.2 Store is bound to charge the applicable shipping or storage amount only, from the Customer, who opt for Frank Service(s).

8.3 You will keep your contact information, invoice billing information, bank account and credit card information up-to-date.

8.4 You authorize Frank to use your credit card and bank account for transactions of the receivables and payables.

8.5 You authorize legal third party to process payments, and consent to the disclosure of your payment information to such third party.

8.6 All invoiced amounts, to or from concerned party (whether You or Company), are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified and mutually agreed.

9. LIMITATION OF LIABILITY

9.1 In no event will Company be liable for any incidental, consequential, special, punitive, direct or indirect loss of business opportunity, loss of goodwill, loss of profits, loss of vehicle, loss of parcel package, or loss of personal data which may arise in connection with or pertaining to App(s) and Service(s) of Frank.

9.2 In no event will Company be liable for any incidental, consequential, special, punitive, direct or indirect damage to any real estate property, damage to any vehicle, damage to any device, damage to any hardware, or damage to any parcel package, which may arise in connection with or pertaining to App(s) and Service(s) of Frank.

9.3 In no event shall the Company or its personnel be liable for any: (a) death or physical injury; (b) fraud or fraudulent misrepresentation; (c) willful misconduct; (d) infringement of the other party’s intellectual property rights; (e) the breach of confidentiality and personal data; (f) company payment obligations; or which (g) cannot be limited under applicable law.

10. "AS IS" and "AS AVAILABLE" Disclaimer

10.1 The App(s) and Service(s) of Frank are provided to You, "AS IS" and "AS AVAILABLE" and with all its limitations, technical drawbacks or human errors, without warranty of any kind.

10.2 To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates, and respective licensors and 3P service providers, expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Service(s), including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

10.3 Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service(s) will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.

10.4 Without limiting the foregoing, neither the Company, nor third-party, nor any relevant platform makes any representation or warranty of any kind, express or implied:

(a) as to the operation or availability of the Service(s), or the information, content, and materials or products included thereon;

(b) that the Service will be uninterrupted or error-free;

(c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or

(d) that the App(s), Service(s), its interface, database, content, or e-mails sent from or on behalf of the Company are entirely free of bugs, software viruses, computer worms, malware, or other harmful components.

10.5 Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

11. FORCE MAJEURE

11.1 Company shall not be liable to you (as Store or any designated entity), for any loss or damages, as a direct or indirect result of the App(s) and Services(s), being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond reasonable control of Company, including but not limited to acts of God, war, riot, strike, lock-down, fire, flood, storm, and natural calamity.

12. SEVERABILITY AND WAIVER

12.1 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12.2 Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect Store’s or Company’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

13. CHANGES TO THESE TERMS AND CONDITIONS

13.1 Company reserves the right, at its sole discretion, to modify, add or edit these Terms and Conditions at any time, with or without any prior notification. What constitutes a material change will be determined at sole discretion of Company.

13.2 By continuing to access or use App(s) and Service(s), after those revisions become effective; you agree to be bound by the revised Terms. If You do not agree to the new or revised terms, in whole or in part, please stop using the App(s) and Service(s) of the Company.

These Terms and Conditions constitute an Agreement between you as ‘Customer’ and the ‘Frank’. Please read it carefully before accessing and using Frank solution, including its Service(s) and App(s). This implies your understanding, agreement and acceptance of the full Terms and Conditions, contained herein.

Nonetheless, your personal data protection and privacy are ensured, and your statutory consumer rights are unaffected.

The following definitions shall have the meaning and interpretation, regardless of whether they appear in singular or in plural, or as noun or pronoun in these Terms and Conditions.

1. DEFINITIONS

1.1 “Account” or “User Account means a unique virtual account, created for or by Customer, in order to access App(s) and Service(s) of Frank.

1.2 “App Store” or “Application Store” means the digital distribution forum, from where user can download App(s). App Store included but not limited to Google’s Play Store, Apple’s App Store, and Huawei’s AppGallery.

1.3 “App” or “Application” means the software program(s) provided by the Frank via any platform, that is downloaded, accessed and/or used by Customer, or other entitled entity, on required electronic device, computer, laptop, smartphone, mobile phone or gadget.