PricePinger

Terms and Conditions

SCOPE

CLOUDSQUADS PRIVATE LIMITED which operates and manages “PricePinger” (“we” / “us” / “our” as applicable) is a private limited company incorporated in India and is engaged in the business of software solutions and IT services (“Services”). The Services shall be rendered through its mobile application that is made available to its users (“you” / “your” / “user” as applicable) from time to time referred to as “Platform”.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.

Please note that PricePinger reserves the right to revise this Terms and Conditions (“Terms”) at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes. If you do not agree with this Terms at any time, your sole recourse will be to stop using the Platform. PricePinger reserves the right, in its sole discretion, to determine if you have violated the Terms and to take any action it deems appropriate. You acknowledge that PricePinger shall have the right to terminate your access to the Platform or Services for violations of any of these rules, including repeat infringement of intellectual property rights.

ACCESSING THE PLATFORM

It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform.

By using the Platform, you represent and warrant that:

  1. You have the lawful authority and capacity to contract and be bound by these Terms;
  2. If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity; and
  3. You will comply with all applicable laws and regulations.

These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.

USE OF SERVICES AND/OR THE PLATFORM

PricePinger grants you a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform, solely for your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform shall be subject to the following representations and warranties:

(a) You may only access the Platform using authorized and lawful means;

(b) We shall not be liable for any failure or default to provide access to the Platform on account of any failure or delay by you to signup/register with the Platform for such access or due to any other reasons whatsoever;

Any configuration or set up of the devices for access to the Platform shall be your sole responsibility. 

PricePinger collects, stores, processes and uses your information in accordance with its Privacy Policy available here (“Privacy Policy”). By using the Platform and/or availing the Services, you will be required to provide your Personal Information (as defined in the Privacy Policy).

You will not take any action that interferes with, degrades or adversely affects PricePinger and/or the Platform.

You will not use the Platform in a manner that: (i) is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) will violate or tamper with the security of the Platform.

You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you.

You shall be solely responsible for: (i) procuring and maintaining your network connections and telecommunications links, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

INTELLECTUAL PROPERTY RIGHTS

The trademarks, service marks, and logos used and displayed by PricePinger, in any manner on the Platform or in any of the content are PricePinger’s registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.

Such propriety trademarks or logos belonging to PricePinger or its suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved, and you may not alter or obscure such proprietary mark or name or logos, or link to them without the prior approval of PricePinger or the respective owners of such proprietary mark.

All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with PricePinger. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.

INDEMNIFICATION

By accepting these Terms  and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold PricePinger, its directors, employees, shareholders, officers and other representatives  harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms  any applicable law or regulation; (ii) any loss or injury to PricePinger’s representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any transactions undertaken by you.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, PricePinger shall provide the information relating to the Services without warranties, guarantees or representations. PricePinger shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.

Under no circumstances will PricePinger be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if PricePinger has been advised of the possibility of such damages.

We explicitly disclaim any and all liability for any the following:

(a) personal injury or property damage of any nature whatsoever, resulting from use of the Platform or Services for any alleged or actual damages or loss of valuables;

(b) the acts or omissions of our representatives performing Services on our behalf;

(c) any failure or delay in the Services; and

(d) any loss or damage arising out of your failure to adhere to your obligations under the Terms.

(e) any offensive, or illegal conduct of any third party on the Platform.

You agree not to use the Platform for any commercial or business purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.

DISCLAIMERS AND WARRANTIES

The Platform is provided to you strictly on an “as is” basis.  Notwithstanding anything contained in these Terms, PricePinger does not warrant that the Platform: (i) will perform error-free or uninterrupted, or that PricePinger will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by PricePinger, (iii) will meet your requirements, specifications or expectations, (iv) information on the Platform will be updated on a day-to-day basis.

PricePinger further acknowledges that it does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other issues inherent in the use of such communications facilities.

Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms.

GENERAL

  1. All notices served by PricePinger shall be provided via email to your account or as a general notification on the Platform. Any notice to be provided to PricePinger should be sent to support@pricepinger.com.

2. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.

3. These Terms together with the Privacy Policy published by us on the Platform/Services, shall constitute the entire agreement between you and PricePinger concerning the Platform/Services.

4. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

5. You cannot assign or otherwise transfer your obligations under the Terms, or any right granted hereunder to any third party. PricePinger’s rights under the Terms are freely transferable to any third parties without the requirement of seeking your consent.

6. You acknowledge that your participation on the Platform, does not make you an employee or agency or partnership or joint venture or franchise of PricePinger.

7. You shall not authorize any third party to allow or use your account.

8. You shall not modify, creative derivate works, translate, or reverse-engineer this Service and Platform or its components.

9. You shall not do anything that interferes with or impairs the intended operation of this Platform/Service.

10. PricePinger provides these Terms so that you are aware of the terms that apply to your use of the Platform and Services. You acknowledge that, PricePinger has given you a reasonable opportunity to review these Terms and that You have agreed and consented to them.

RULES AND REGULATIONS FOR USAGE OF THE PLATFORM

As a user of this Platform, you agree not to:

  1. Upload, transmit, or distribute to or through the site any software intended to damage or alter a computer system or data;

2. send through the site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;

3. anything belongs to another person and to which the user does not have any right;

4. is harmful to child;

5. infringes any Intellectual Property Rights;

6. violates any law for the time being in force;

7. deceives or misleads the addressee about the origin or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; 

8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;

9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and

10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

The above rules and regulations are listed out as per the requirement under Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

In cases of non-compliance with the rules and regulations as listed above and the Privacy Policy, PricePinger has the right to terminate the access or usage rights of the users to the Platform immediately.

GOVERNING LAW


These Terms, their subject matter and any non-contractual disputes or claims shall be governed by and construed in accordance with the laws of India, and you submit to the exclusive jurisdiction of the courts at Chennai, India, in relation to any disputes arising under this Terms.


PricePinger reserves the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.

CONTACT US

We make all best endeavors to provide you with the best experience in using the Platform. In the unlikely event that you face any issues, or you desire to share your feedback with us on the terms envisaged under these Terms, please contact us at support@pricepinger.com.

By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, consented to it and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.