Terms and Conditions
Updated
as of 18 May 2024
Introduction
These Terms
and Conditions (“T&C”) establish the agreement between users
(“You,” “Your,” “Yourself,” or “User”)
and Pric Technology Private Limited (“the Company,” “We,”
“Us,” and “Our”). By accessing or using the services
provided by the Company through its website, “Pric Technology Private
Limited”, “PRIC Platform To Grow”, or “Platform,” located at Office No. 508, Amanora Chambers, Amanora Park
Town, Hadapsar, Pune, Maharashtra 411028, (referred to as “the Website”, “PRIC Platform To
Grow” or “Platform” ), We are
responsible for the website https://thepric.com and the mobile application ‘Pric Platform to
Grow’ (together known as the ‘Platform’). users consent to these T&C. The term “Users”
collectively refers to both “End-Users” and “End Users.”
These Terms
are considered an electronic record under the Indian Contract Act, 1872, and
The Information Technology Act, 2000, along with relevant rules. They are
published in accordance with Rule 3(1)(a) of the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and its
amendments. Generated by a computer system, these terms eliminate the necessity
for physical, electronic, or digital signatures.
Before using
or registering on the Platform or accessing any content through it, please
carefully review the Terms and Privacy Policy (“Privacy Policy”). By
using the Platform as a User, you acknowledge these Terms and Privacy Policy
and agree to abide by them legally. Additionally, when you provide your
Personal Information to the Company or consent to the Company accessing your
Personal Information for service purposes, you affirm your interest in
utilizing the Services offered through the Platform in accordance with these
Terms.
If you
disagree with any of the terms and conditions outlined in the Terms, kindly
refrain from utilizing the Platform or its Services.
A) Applicability of Terms
You are
subject to these Terms upon the creation of an account (“Account”) on
the Platform, requiring the provision of necessary information as detailed in
our Privacy Policy.
B) Eligibility Criteria to Use
I.
You
qualify to access Services on the Platform upon registration as a User and
establishment of an Account as specified in Clause (C) below, contingent upon
entering into a service agreement with the Company (“Service
Agreement”).
II.
Eligibility Requirements: The Services are inaccessible to minors, individuals under
the age of 18 (eighteen), or to any Users suspended or removed by the Company
for any reason whatsoever. By utilizing the Platform, you confirm that (1) you
are at least 18 years old; or (2) you are a corporation, duly organized,
validly existing, and in good standing under the laws of your jurisdiction,
fully capable of entering into and complying with the Terms, conditions,
obligations, affirmations, representations, and warranties outlined therein.
User registration and Account creation on the Platform are exclusively
available to individuals capable of forming legally binding contracts under the
Indian Contract Act, 1872.
III.
User Eligibility Criteria: We reserve the right to offer Services solely to Users who:
(1) possess the capacity to enter into legally binding contracts, (2) have made
the aforementioned representations, and (3) also meet the qualifications
outlined in our internal policy(ies), as determined solely by us from time to
time. We retain the exclusive authority to amend, modify, append, or delete
internal policy(ies), either in whole or in part, concerning the provision of
Services, at any time, by issuing prior written notice or intimation to Users.
IV.
Account Restrictions: Users are restricted from maintaining more than one active Account on
the Platform. Furthermore, it is forbidden to sell, trade, or transfer an
Account to another party, or to impersonate any other individual for the
purpose of creating an Account on the Platform.
V.
Registration Acknowledgement: By agreeing hereto, you acknowledge that the Company permits
your registration on the Platform following a preliminary assessment of the
information furnished by you during the creation of your Account. The Company
neither conducts nor will conduct any fact-finding or verification procedures
to ascertain the accuracy of the information provided by you or based on your
subsequent usage of the Platform, including but not limited to content shared
by you through Platform usage.
VI.
Acceptance of Terms: By accessing the Platform, Software, or any of the Services, it is
understood that the User has read, comprehended, and accepted these Terms, and
has entered into the Service Agreement, agreeing to be bound by it. If you will
be utilizing the Services on behalf of an organization, you hereby consent to
these Terms on behalf of said organization, affirming that you possess the
requisite authority to do so.
C) User Account Registration Guidelines
I.
Accessing Platform Services: Users are permitted to navigate certain areas of the Platform
without establishing an Account. However, to utilize the Services available on
the Platform, Users must undergo Account creation and furnish the requisite
information as specified in the Privacy Policy. This information may encompass
proof of identification, as directed by the Company. Account creation can be
completed by entering a one-time verification password dispatched to the phone
number provided during registration.
II.
Account Information Accuracy: Users are responsible for ensuring that all Account
information provided is complete, accurate, and kept up-to-date. In the event
of any changes to Account details or if any information is discovered to be
incomplete or incorrect, Users must promptly update their Account information
on the Platform or request information revisions or updates from the Company.
Providing untrue, inaccurate, unauthorized, outdated, or incomplete
information, or if the Company has reasonable grounds to suspect such information,
grants the Company the right to refuse Services to the User.
III.
Account Security Responsibilities: It is your responsibility to uphold the
confidentiality of your Account information, protect the password or
credentials utilized to access the Service, and oversee any activities or
actions undertaken under your Account. We advise the use of “strong”
passwords, comprising a mix of upper and lower-case letters, numbers, and
symbols, not only for your Account but also for any linked accounts, such as
social media platforms.
IV.
Notification and Account Security: You agree to (1) promptly inform the Company of any
unauthorized use of your Account information or any security breaches, and (2)
ensure that you log out of your Account at the conclusion of each session. The
Company bears no responsibility for any losses incurred by you due to
unauthorized Account usage, whether or not you were aware of it.
Liability for Account Security: You could be held accountable for any
losses suffered by the Company, other Users, or Platform visitors arising from
the authorized or unauthorized use of your Account due to your failure to
maintain the security and confidentiality of your Account information.
V.
Account De-registration Acknowledgement: You acknowledge and consent that
uninstalling the Platform from your device does not automatically terminate
your Account. You agree to follow the outlined process to complete the
de-registration of your Account (“De-registration”). Should you wish
to have your name and other details removed from our records, upon receiving
your written request, we will promptly delete such information. However, we may
retain certain Account information even after receiving your deletion request,
if required by applicable laws or if the information is non-personally
identifiable and aggregated. You acknowledge that removing your details from
the Platform does not absolve you of any outstanding obligations to the
Company.
VI.
Governance of Account Information: The collection of information during Account creation or for
Service purposes is regulated by Our Privacy Policy.
D) Service Offerings
The Company provides you with the following Services through the Platform:
I.
License to Use the Platform: You are granted a limited, non-exclusive, non-transferable,
royalty-free license to utilize the Platform for the purposes of Account
registration and accessing the Software
II.
Access to Software and Third-Party Platforms: You have access to digital products/tools
in the form of Software as a Service (“Software”), enabling you to
create or share content and generate or access links/sub-domains to third-party
social media platforms. Through these Third Party Platforms, you can make such
content available to third-party users.
III.
Monetization Assistance and Service Flexibility: You have the opportunity to monetize
your services to third-party users by utilizing the Platform’s facilitation of
payments. This may involve the Company acting as your collection agent directly
or in collaboration with third-party payment aggregators or intermediaries.
These services collectively constitute the “Services”. The Company
reserves the right to add, modify, or remove any of the listed Services at its
discretion, without providing special notice to you.
E) Revision of Terms and Conditions
I.
Platform Usage and Terms: Your access to the Platform is contingent upon adherence to
the Terms, which may undergo updates, amendments, modifications, or revisions
by us periodically, without prior notice to you, and is subject to the
provisions of the Service Agreement. To stay informed about any changes, it is
imperative for you to periodically review the Terms. You can ascertain the last
modification of these Terms by referring to the “Last Updated”
indicators in our policies.
II.
Effective Date and Continuation of Services: The updated Terms will take effect
immediately and will replace the current ones. You are accountable for
regularly examining these Terms to stay informed of any modifications. Your
ongoing use of the Services following any amendments to the Terms indicates
your acceptance of those changes and your agreement to be legally bound by
them.
F) Compliance Rules and Usage Guidelines
I.
Usage Agreement: You agree not to utilize the Services for any purpose prohibited by the
Terms, or any other rules or policies established by us periodically, or in
violation of any applicable laws, as a condition of use.
II.
Prohibited Actions: As an illustration, and not as a limitation, you are prohibited from
(and shall not permit any third party to) take any action on the Platform that:
(1) would breach any applicable law, regulation, or rule; (2) violates the
intellectual property or other rights of any person or entity; (3) is
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of privacy, tortuous, obscene, offensive, or profane; or (4)
impersonates any individual or entity. The Company retains the right to
deactivate any Account on the Platform at any time for any reason (including,
but not limited to, upon receipt of claims or allegations from third parties or
authorities; or if the Company suspects that you may have violated the Terms of
Service), or for no reason at all, with or without notice to the User/Users.
III.
Information Sharing Restrictions: Additionally, you’re prohibited from disseminating any
information on the Platform or via links to third-party Platforms generated
using the Software that: (1) endangers minors or individuals under the age of
18; (2) undermines the unity, integrity, defense, security, or sovereignty of
India, disrupts friendly relations with foreign states, public order, or
instigates the commission of any recognizable offense, obstructs the
investigation of any offense, or disparages any other nation; and (3) intrudes
on someone’s privacy, promotes hatred, or contains racially, ethnically
objectionable or disparaging content, relates to or promotes money laundering
or gambling, or is otherwise illegal in any form; (4) causes harm to minors in
any capacity; (5) violates any patent, trademark, copyright, or other
proprietary rights; (6) breaches any existing laws; and (7) impersonates any
individual.
IV.
Platform Usage Restrictions: Moreover, you are prohibited (directly or indirectly) from
engaging in the following activities on the Platform or through links to Third
Party Platforms created using the Software: (1) taking any action that places
or may place an unreasonable or disproportionately large burden on the
Company’s (or its third-party providers’) infrastructure; (2) disrupting or
attempting to disrupt the proper functioning of the Platform or any activities
conducted therein; (3) circumventing any measures we employ to prevent or
restrict access to the Platform (or any part thereof); (4) attempting to
decipher, decompile, disassemble, reverse engineer, or otherwise extract any
source code or underlying concepts or algorithms of any portion of the
Platform, except to the extent expressly prohibited by applicable laws; (5)
altering, translating, or otherwise creating derivative works of any portion of
the Platform; or (6) copying, renting, leasing, distributing, or otherwise
transferring any or all of the rights granted to you herein.
V.
Prohibition on Replication: Accessing the Platform and/or its Services, or the personal
information of other Users, for the purpose of developing a comparable or
competitive application, product, or service is strictly prohibited.
VI.
Notification of Security Breaches: You consent to promptly inform Us of any unauthorized use or
suspected unauthorized use of Your Profile, or any other security breach
concerning your personal information on the Platform.
VII.
Single User Account Policy: Each Account is intended for the use of a single User only.
Utilizing an Account by a third party will be considered unauthorized usage.
The Company retains the authority to deactivate any Account used in such a
manner on the Platform.
G) Profile Information Management and Moderation
I.
Profile Management and Moderation Policy: We facilitate User accessibility by
offering a tool for updating profile information. However, we retain the right
to moderate any changes or updates requested by Users. Our decision to approve
or reject such requests for profile alterations will be made independently.
II.
Representation, Warranty, and Ownership: You affirm and assure that, in
accordance with applicable law, you have the full entitlement to provide
information as part of your profile or in any other capacity while utilizing
Our Services, and that none of this information breaches the rights of any
third parties, including intellectual property rights and relevant data
protection laws. In the event of a breach of this representation, We reserve
the right, at Our sole discretion and with or without notice to You, to modify
or remove portions of Your profile information. With the exception of Your
Account information, you acknowledge that the Platform, all Company Content,
Services, and associated intellectual property rights, including copyrights,
patents, trademarks, designs, and trade secrets, are exclusively owned by Us.
H) User Responsibilities and Platform Usage Regulations
I.
Prohibited Conduct on the Platform: Users are prohibited from engaging in any illegal activities
on the Platform or through links to Third Party Platforms created using the
Software. Such prohibited acts include, but are not limited to:
1)
Attempting to violate the integrity or security of the Platform;
2)
Transmitting disruptive or competitive information through the Platform that
interferes with the provision of Our Services;
3)
Knowingly submitting incomplete, false, or inaccurate information on the
Platform;
4)
Using any engine, software, tool, agent, or other mechanism (such as spiders,
robots, avatars, or intelligent agents) to navigate or search the Platform or
any Third Party Platform;
5)
Circumventing or disabling any digital rights management, usage rules, or other
security features of the Platform. Additionally, engaging in any unlawful
activities on the Platform that are prohibited by the laws of India.
I.
Actions Upon Violation of Terms: Upon discovering or being notified in writing or via email,
signed with an electronic signature, of Your violation of these Terms, the
Company reserves the right to deactivate Your access to the Account and use of
Services. Additionally, We may retain such information and associated records
for a minimum of 90 (ninety) days, or for a shorter duration as mandated by
law, for submission to governmental authorities for investigation purposes. In
the event of non-compliance with these Terms, any applicable laws, rules, or
regulations, the Service Agreement, or the Privacy Policy by a User, We retain
the authority to promptly terminate Your access or usage rights to the Platform
and Services, and to remove non-compliant information from the Platform.
II.
Information Disclosure and Transfer: We reserve the right to disclose or transfer
User-generated information to Our affiliates or governmental authorities as
permitted or required by applicable law, and Your consent to such transfer is
hereby acknowledged. In compliance with applicable laws, We will transfer
sensitive personal data or information, including any information, to any other
body corporate or individual in India or any other country, provided that they
ensure an equivalent level of data protection as maintained by Us. Such transfer
will only occur if necessary for the performance of a lawful contract between
the Company or any authorized person and the User, or if the User has consented
to the data transfer.
I) Engagement with Third-Party
Services
I.
User Engagement with Third-Party Service Providers: During the utilization of Services,
Users may establish connections with third-party service providers. The Company
does not assume responsibility for, nor does it endorse, any third-party
services referenced on the Platform. It is emphasized that the Company shall
bear no liability for any actions or inactions of third parties. Any
transactions, dealings, or communications that Users undertake with such third
parties are at their own risk, and We provide no warranties, whether express or
implied, regarding the quality or suitability of the services or products
offered by such third-party vendors.
J) Handling of Confidential Information
I.
Sharing of Confidential Information: Both parties are permitted to disclose Confidential
Information to each other, as well as to their designated agents and/or
advisors, as necessary for the performance of the Services and the execution of
a Campaign.
II.
Confidentiality Commitment: Both parties commit to maintaining the confidentiality of the
Service Agreement terms and any Confidential Information shared in connection
with it or the other party’s business, Services, and Campaign. Such information
shall only be disclosed to the party’s own employees and advisors on a
need-to-know basis and with the prior written consent of the other party.
However, this provision does not apply to information rightfully possessed by
the receiving party before negotiations for the Service Agreement began or
information in the public domain (excluding breaches of this clause).
K) Utilization of Your Information and Content on the
Platform or Third Party Platforms
I.
Handling of Provided Information per Privacy Policy: Your provided information will be
utilized in strict compliance with Our Privacy Policy and applicable
regulations. We encourage you to carefully review Our Privacy Policy to
understand how we handle and disclose your personal data. Please note that Our Privacy
Policy is hereby integrated into these Terms of Service.
II.
Data Management and Hosting Policies: We retain the authority to uphold, remove, or
eliminate all content and data shared or uploaded through our Services,
adhering to our internal data retention and/or disposal protocols. We may
utilize third-party cloud service providers or our own infrastructure for
server and database hosting. While we endeavor to maintain persistent
availability of user data on our servers through commercially reasonable
measures, we cannot be held liable for circumstances such as third-party server
failures or other uncontrollable factors leading to permanent deletion,
irretrievability, or temporary inaccessibility of user data.
III.
Preservation and Disclosure of Your Information: It is understood and agreed that we
have the right to retain your information and may disclose relevant details if
compelled by law or in good faith belief that such action is reasonably
necessary to: (1) adhere to legal procedures, applicable laws, or government
mandates; (2) uphold these Terms; (3) address allegations of your Platform
usage infringing on third-party rights; (4) identify, prevent, or resolve
fraud, security, or technical issues; or (5) safeguard the rights, assets, or
personal safety of the Platform, its users, or the general public.
IV.
Removal or Disabling of User Information: We retain the authority to eliminate
or deactivate access to any user data stored on Our Platform.
L) Ownership of Intellectual Property Rights
I.
Ownership and Protection of Company Content: The Company exclusively owns the
Platform, its processes, and their arrangement, which encompass all textual,
visual, and auditory elements such as text, videos, graphics, user interfaces,
sounds, music (if present), artwork, and computer code (or any combination
thereof) collectively referred to as ‘Company Content.’ The design, structure,
selection, coordination, expression, appearance, and organization of this
Company Content are safeguarded by copyright, patent, trademark laws, and
various other intellectual property rights.
II.
Ownership of Trademarks and Prohibition on Unauthorized Use: The Company or other respective third
parties own the trademarks, logos, and service marks displayed on the Platform
(“Marks”). Without prior consent from the Company or the relevant third party
that may own the Marks, you are not allowed to reproduce, distribute, or
otherwise use them.
M) Limitation of Liability for Company and Affiliated Parties
I.
LIMITATION OF LIABILITY CLAUSE: TO THE FULLEST EXTENT ALLOWED BY LAW, THE
COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS,
SUPPLIERS, CONTENT PROVIDERS, LICENSORS, OR RESELLERS) SHALL NOT BE LIABLE
UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR
NEGLIGENCE, FOR
1.
ANY LOST PROFITS, DATA, GOODWILL, OPPORTUNITIES, OR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND;
2.
YOUR RELIANCE ON THE SERVICES;
3.
ANY DAMAGES ARISING FROM THE USE OF THE SERVICES;
4.
ANY MATTERS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
5.
ANY THIRD-PARTY CLAIMS RELATED TO YOUR USE OF THE SOFTWARE OR THE
CONTENT/INFORMATION YOU SHARE THROUGH OR WITH THE HELP OF THE SOFTWARE.
N) Disclaimer
I.
DISCLAIMER OF WARRANTIES: THE SERVICE AND PLATFORM ARE PROVIDED “AS IS” AND
“AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THIS
INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY
WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, SHAREHOLDERS, AND PARTNERS DO NOT GUARANTEE THAT:
(a)
THE SERVICE WILL BE SECURE OR ACCESSIBLE AT ANY PARTICULAR TIME OR LOCATION;
(B)
THE QUALITY OF ANY SERVICES YOU OBTAIN THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS;
(C)
ANY DEFECTS OR ERRORS WILL BE FIXED;
(D)
ANY CONTENT OR SOFTWARE AVAILABLE THROUGH THE SERVICE WILL BE FREE FROM VIRUSES
OR OTHER HARMFUL ELEMENTS; OR
(E)
THE RESULTS OF USING THE SERVICE WILL FULFILL YOUR REQUIREMENTS OR BE ACCURATE
OR RELIABLE. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
II.
DATA STORAGE DISCLAIMER: WE DO NOT GUARANTEE THE STORAGE OR CONTINUOUS AVAILABILITY
OF ANY INFORMATION OR CONTENT THAT YOU HAVE POSTED. OUR PLATFORM IS NOT A
STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN, OR
PROVIDE YOU WITH COPIES OF ANY CONTENT OR INFORMATION YOU OR OTHERS PROVIDE,
EXCEPT AS REQUIRED BY APPLICABLE LAW AND OUR PRIVACY POLICY.
III.
COST OF PROCUREMENT DISCLAIMER: THE COSTS INCURRED IN OBTAINING SERVICES FROM ANY DATA,
CONTENT, INFORMATION PURCHASED OR MESSAGES RECEIVED OR NOT RECEIVED FROM ANY
PAID GROUP/CHANNEL OR OTHER USER ARE SOLELY YOUR RESPONSIBILITY. YOU
ACKNOWLEDGE THAT WE DO NOT GUARANTEE ENGAGEMENT BETWEEN YOU AND YOUR VIEWERS
UPON PAYMENT, AND WE DO NOT ASSUME ANY RESPONSIBILITY FOR ENSURING FULL
INTERACTION BETWEEN YOU AND YOUR VIEWERS.
IV.
ACCURACY OF INFORMATION: YOU AGREE TO PROVIDE TRUE AND ACCURATE INFORMATION AND TO
KEEP YOUR PROFILE INFORMATION UP TO DATE. THE COMPANY IS NOT LIABLE FOR ANY
INACCURACIES IN THE INFORMATION PROVIDED BY YOU. IT IS YOUR RESPONSIBILITY TO
VERIFY THE INFORMATION ON THE PLATFORM.
V.
USER-GENERATED CONTENT LIABILITY: YOU ACKNOWLEDGE THAT THE COMPANY IS
NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS PUBLISHED BY YOU THROUGH THE
SERVICES. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU PUBLISH, AND THE
COMPANY HAS NO OBLIGATION REGARDING SUCH CONTENT. YOU ALSO AGREE NOT TO ENGAGE
IN ANY UNLAWFUL ACTIVITIES THROUGH THE USE OF THE SERVICES. ANY LIABILITY
ARISING FROM SUCH ACTIVITIES IS YOUR RESPONSIBILITY, AND THE COMPANY WILL NOT
BE LIABLE. YOU MUST COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, AND
THESE TERMS.
O) Defense and Indemnification Clause
I.
You
are responsible for defending, indemnifying, and holding harmless the Company,
its affiliates, subsidiaries, joint venture partners, as well as their
respective employees, contractors, directors, suppliers, and representatives
from any liabilities, losses, claims, and expenses, including reasonable
attorneys’ fees. This responsibility arises from:
(1)
Your usage or misuse of, or access to, the Services, Software, and Platform; or
(2)
Your violation of the Terms and Conditions, any applicable law, contract,
policy, regulation, or other obligation, including those of Third Party
Platforms. We reserve the right to assume exclusive defense and control of any
matter subject to indemnification by You, and in such cases, You will assist
and cooperate with Us
P) Fee Structure and Payment Terms
I.
The
Company may impose and invoice You for Service Fees and Platform Fees in
accordance with Company policy, as periodically determined.
II.
Your
payment of Service Fees and Platform Fees will be subject to the Pric
Technology Private Limited Refund & Cancellation Policy, as outlined on the
website and updated periodically.
III.
We
will not directly collect any fees, charges, or payments from End Users, except
for fees owed by End Users to You for any Content provided by You or otherwise.
In such cases, we may collect these fees on Your behalf.
Q) Violation of Terms Consequences
I.
Any
breach of these Terms by You is acknowledged as an unlawful and unjust business
practice, resulting in irreparable harm to the Company. Monetary compensation
alone would be insufficient to address such harm. Therefore, You agree to the
Company’s right to seek injunctive or equitable relief deemed necessary or
appropriate under such circumstances. These remedies supplement any other legal
or equitable remedies available to the Company.
R) Suspension and Termination Procedure
I.
Continuation and Termination of Terms: The Terms remain effective until either You or the
Company terminates them as outlined below. Should You disagree with the Terms
or find dissatisfaction with the Platform, Your options are limited to (1)
closing Your Account on the Platform, and/or (2) ceasing access to the
Platform.
II.
Scheduled Maintenance Suspension: We reserve the right to temporarily suspend access to all or
parts of the Services for scheduled maintenance purposes. Prior to such
temporary suspension, We will provide notification to You 48 hours in advance
via email, using the email address provided during Account creation. Should You
decide to access the Platform or utilize Services during scheduled maintenance,
We cannot ensure the availability of Services and/or Platform functionality.
III.
Company’s Authority for Account Actions: The Company reserves the right to
delist You, block Your future access to the Platform, or suspend or terminate
Your Account if, in its sole and absolute discretion, it believes You have
infringed, breached, violated, abused, or unethically manipulated or exploited
any term of these Terms or the Privacy Policy, or acted unethically in any
manner. However, these Terms will remain in effect indefinitely unless and
until terminated by the Company.
IV.
Termination of Platform Use and Data Handling: In the event of termination of Your
use of the Platform by You or the Company, the Company reserves the right to
delete any Company Content or other materials associated with You, for which
the Company shall bear no liability to You or any third party. However, Your
transaction details may be retained by the Company for tax or regulatory
compliance purposes.
V.
Termination of Platform Usage and Access Rights: At our discretion, we may terminate
Your usage of the Platform at any time and for any reason, including breaches
of the Terms. We retain the right (though not the obligation) to deny access to
the Platform. Apart from the rights and licenses explicitly granted in these
terms, we reserve all other rights and do not extend any other rights or
licenses, whether implied or otherwise.
VI.
Restrictions and Consequences After Account Suspension or Termination: Following temporary suspension,
indefinite suspension, or termination, the User is prohibited from using the
Platform under the same account, a different account, or re-registering under a
new account. Upon account termination for the specified reasons, the User
forfeits access to data, messages, and other materials stored on the Platform.
All provisions of the Terms that are inherently meant to survive termination,
including warranty disclaimers, indemnity, and limitations of liability, will
indeed endure beyond termination.
VII.
Fee Responsibility Upon Termination: Until the termination date by either party, You are
responsible for paying any applicable fees or charges for the Services.
S) Exclusions of Company Liability:
I.
Company’s Non-Liability Acknowledgement: You recognize and affirm that the Company assumes no
responsibility for any delay or unavailability of Services or failure to meet
its obligations under the Terms and Conditions, whether directly or indirectly
caused by:
1)
Your failure to cooperate;
2)
Your absence or failure to respond;
3)
Your provision of inaccurate or incomplete information;
4)
Any event beyond the Company’s reasonable control.
T) Applicable Law and Jurisdiction
I.
These
Terms shall be governed by and interpreted in accordance with the laws of
India, without regard to its conflict of law provisions. Any claims,
differences, or disputes arising under, in connection with, or relating to the
Platform or Services, the Terms, or any transactions conducted on or through
the Platform or Services, shall fall under the exclusive jurisdiction of the
courts in Pune, Maharashtra, India. By using the Platform, You agree to submit
to the jurisdiction of such courts.
U) General Provisions & Terms and Conditions Overview
I.
Notice: All
correspondence under the Terms and Conditions must be written and will be
considered officially delivered upon receipt. This encompasses personal
delivery, certified or registered mail with return receipt requested,
electronic confirmation upon transmission via facsimile or email, or two days
after dispatch for next-day delivery via recognized overnight delivery service.
II.
Assignment:
You are prohibited from assigning or transferring the Terms, or any rights
granted hereunder, to any third party. The Company reserves the right to freely
transfer its rights under the Terms to any third party without seeking Your
consent.
III.
Relationship:
The Terms and Conditions do not establish any agency, partnership, joint
venture, or employment relationship between the parties, and neither party has
the authority to bind the other.
IV.
Severability:
If any provision of the Terms, or any portion thereof, is deemed unenforceable
by a court of competent jurisdiction, the remaining provisions shall remain in
full force and effect to the maximum extent permissible to fulfill the parties’
intent.
V.
Waiver: The
failure of the Company to enforce or exercise any provision of the Terms, or
any related right, shall not constitute a waiver of that provision or right.
V) Company’s Alert Services
I.
Alerts: The
Company offers various automated alerts as part of its Services
II.
Disclaimer Regarding Platform Alerts: You acknowledge and accept that alerts delivered to
You via the Platform may encounter delays or obstructions due to various
factors. While We endeavor to provide timely alerts with accurate information,
We do not warrant the delivery or content accuracy of any alert. Additionally,
You agree that We are not responsible for any delays, failures, or
misdirections of alerts, content errors within alerts, or actions taken or
refrained from by You or any third party based on an alert.
W) Communication Agreement
I.
By
using the Platform, you consent to our contact with you via telephone, email,
SMS, or any other communication method for the following purposes:
1. Soliciting feedback regarding the
Platform or Our Services;
2. Addressing complaints, providing
information, or answering queries; and
3. You agree to fully cooperate with us
in response to such communication.
II.
Terms for Using Submitted Feedback: When You provide suggestions or feedback about Our
Services/Platform, You agree that We can utilize and share this feedback for
any purpose without offering any compensation to You, and We are not required
to maintain the confidentiality of such feedback.
X) Grievance Redressal Procedure
I.
Addressing Discrepancies and Grievances: Any discrepancies or grievances
concerning content, comments, or breaches of the Terms and Conditions should be
directed to the designated Grievance Officer, either in writing or via email
signed with an electronic signature, as indicated below.
Attention:
Email:
Address: Office No. 508, Amanora Chambers, Amanora
Park Town, Hadapsar, Pune, Maharashtra 411028, India.
II.
Compliance with Consumer Protection Regulations: In alignment with the Consumer
Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020, a
nodal officer has been appointed to ensure the Company’s compliance with the
Act and Rules, as relevant and applicable.
Name:
Attention:
Contact
Details: greviance@thepric.com
Designation
of such officer: Director
III.
Grievance Handling Timeframe: The Grievance Officer or Nodal Officer, as applicable, will
acknowledge receipt of any complaint within 48 hours and address the complaint
within 30 days from receiving it
Y) Service Elements: Company & User Materials,
Adjustments, and Assistance
I.
Service Management and Support: Throughout service delivery, the Company offers Users
specific materials tailored to the Services, including audio, video, written,
and oral content (“Company Materials”). These materials are
exclusively owned by the Company. Users must not share Company Materials
without written consent to avoid potential financial and irreparable harm. The
Company grants Users a limited license to use Company Materials solely for
personal purposes. Users can also submit various materials, like audio, video,
image, or written content (“User Materials”), granting the Company an
exclusive license to use them. Users must ensure User Materials do not infringe
on any third-party intellectual property rights.
II.
Modification: We
reserve the right to change, modify, or amend the Platform, Services, or
Company Content, in compliance with legal and regulatory frameworks. Users
acknowledge that We will not be liable for any changes made to the Platform or
its Services.
III.
Support: The
Company offers chat-based support and an online FAQ knowledge base. For
assistance, contact Our support at support@thepric.com. We aim to respond to
complaints within 24-48 hours and address them within 15 days. Any suggestions
provided regarding service usage should not be construed as warranties. Users
understand that complaints are addressed according to our standard policies and
procedures, and dissatisfaction with the outcome does not imply non-redressal.
Z) Assistance Contact Information PRIC Services and Platform
Usage
I.
If
you have any questions regarding our services or the usage of the platform,
please contact us at support@thepric.com. For validation purposes, you may be
required to provide specific information, such as your contact number or
registered mobile number, to process your service request.