Updated as of 27 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.
VII. The Username: When creating a PRIC, it is essential to select a suitable username that respects everyone’s rights. We recognize the importance of your username to you, but it must also be appropriate for all users and avoid violating anyone’s rights, including intellectual property (IP) rights such as copyright and trademarks. You cannot use someone else’s name, such as a celebrity or brand, nor choose a username that is offensive, vulgar, or chosen merely to profit from it later (known as “Domain Squatting”).
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. Email verification is required – you must verify your email address with PRIC to access monetization features.
III. 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.
IV. 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.
V. 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.
VI. 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.
VII. 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: We appreciate the diverse content our users post on “PRIC,” but we want to ensure the platform remains safe for everyone. Adhering to our Community Guidelines is essential. If you don’t follow these standards, your account may be suspended or permanently removed.
Your “content” includes text, graphics, videos, links, products, and any other materials you add to your “PRIC” profile. You are responsible for your content and must ensure that:
1) It is your own or you have the necessary rights to share third-party materials on “PRIC” (and allow us to use them per these Terms).
2) It does not infringe on anyone’s privacy, publicity, intellectual property, or other rights.
3) It is accurate and honest, not misleading, deceptive, or illegal, and does not harm our reputation.
4) It does not contain harmful elements such as viruses or disruptive code.
5) It does not include automated collection tools or scripts.
6) It does not contain unauthorized ads, solicitations, or endorsements.
7) It complies with our Community Standards.
Since laws and regulations vary across regions, some content legal in one place might be banned in another. We reserve the right to remove or restrict content to keep “PRIC” safe.
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: Vivekanand Jadhav
Email: grievance@thepric.com
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: Vivekanand Jadhav
Attention: Vivekanand Jadhav
Contact Details: grievance@thepric.com
Designation of such officer: Grievance Officer
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 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.
