This Terms of Use (the “Terms”) constitutes a binding contract between you and PTG Technologies Private Limited, with regard to your use of the Platforms and the various services that are provided by PTG Technologies Private Limited.
1. INTRODUCTION AND PRELIMINARY
1.1 This Terms of Use, the Privacy Policy and the Terms of use (“Website Policies”), collectively form the terms that govern the use of the services, products, and other offerings of PTG Technologies Private Limited (“PTG”, “we”, or “us”).
1.2 By inquiring about, browsing, or purchasing any products or services offered by PTG, you, the user (“User” or “you”), through our websites and mobile applications, agree to be governed by these Terms. The websites, mobile sites and mobile applications of PTG are collectively referred to as “Platforms”.
1.3 The Platforms allow you to search for, login and/or use the services offered by PTG (“Services”). These Services include requesting a demo of the Services that PTG provides.
1.4 If you transact on or interact with the Platforms, you shall be subject to the policies that are applicable to the Services for such transaction or interaction, as the case may be. Your usage of the Services shall result in you contracting with PTG under these Terms, which along with the Terms of Service and the Privacy Policy constitutes your binding obligations with PTG. These Terms affects your legal rights and obligations. You are therefore advised to read these Terms carefully. If you are not agreeable to any of the terms and conditions contained in these Terms, you shall refrain from accessing or using the Platforms and/or the Services.
1.5 ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORMS INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING. . By impliedly or expressly accepting these Terms, you also accept and agree to be bound by PTG’s Privacy Policy, and the Terms of Service as may be applicable to you.
2. ELIGIBILITY TO USE
2.1 To use the Platforms and avail the Services, you must be at least 18 years of age and have the authority to enter into legally binding contracts as per the Indian Contract Act, 1872. If a minor is using the Platforms and/or the Services, it is assumed that he/she is doing so with the consent of his/her parents or legal guardian and that such use is made available by the said parents or legal guardians.
2.2 PTG will not be responsible for any consequences that may arise owing to a misuse of the Platforms or the Services that may occur by virtue of any person, including a minor, accessing the Platforms or Services. By using the Platforms, you warrant that all the data provided by you is accurate and complete and that if you are a minor using the Platforms, you have obtained the consent of your parent/legal guardian.
2.3 If you are below the age of 18 years and are not authorized by your parents or legal guardian or you are otherwise incompetent to contract under the aforesaid law or any information provided by you is false or inaccurate, we reserve the discretion to block your access to the Platforms.
2.4 You acknowledge that PTG is not responsible for ensuring that you conform to the aforesaid eligibility criteria, and that it is your sole responsibility to ensure that you meet the requisite qualification.
2.5 Terms of Service and conditions shall be read in conjunction with this Terms. In the event of a conflict between the Terms of Service and these Terms, the Terms of Service shall override the Terms.
3. THE PLATFORMS
3.1 The Platforms are intended to be used by bonafide user(s) for lawful purposes.
3.2 To avail the Services and access all the features of the Platform, you must have and continue to maintain, at your own expense, the necessary equipment including a computer and/or such electronic device, modem, etc., necessary to access the Platforms, and have your own access to the World Wide Web. You are responsible for accessing the Platforms and you acknowledge that such access may involve third-party fees including airtime charges or internet service provider’s charges, all of which will be exclusively borne by you.
3.3 You shall not sell or transmit anything from the Platforms, including but not limited to, any text, images, audio, and video, for any business, commercial or public purpose. These Terms grant you a limited, non-exclusive, non-transferable right to use the Platforms only as expressly permitted in the Terms. You agree not to interrupt or attempt to interrupt the operation of the Platforms in any manner whatsoever.
3.4 You further agree and undertake not to reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Platforms. You shall not engage in any actions that could damage or adversely affect the performance or proper functioning of the Platforms.
3.5 Please note that you may be able to access certain features of the Platforms only with an account. The process of registration may require you to answer certain questions or provide certain information that may or may not be personal in nature. You must be at least 18 years of age to create an account. Some of such information may be mandatory as well. You represent that all information supplied by you to PTG is true and accurate. Further, if you provide us with the personal information of someone else, you must do so in compliance with the applicable law and with the requisite authority to do so. By providing such personal information of someone else, you undertake that you have taken their prior consent to use the same as per these Terms. By providing us with such information, you authorize us to use the same as per the terms of our Privacy Policy.
3.6 PTG reserves the right, in its sole discretion, to terminate the access to the Platforms and the Services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
3.7 We will make our best endeavours to ensure that the content on the Platforms is free of any virus or such other malware. However, any data or information downloaded or otherwise obtained through the use of the Platforms is done entirely at your own discretion and risk, and you will be solely responsible for any damage to your computer systems or loss of data that may result from the download of such data or information.
3.8 We reserve the right to periodically make improvements or changes in the Platforms at any time without any prior notice to you. You are requested to report any information or activity on the Platforms, which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, infringes the intellectual property rights of any person, or is violative of any applicable law. On receiving such report, we reserve the right to investigate and/or take such action as we may deem appropriate.
4. PROHIBITION AGAINST UNLAWFUL USE
4.1 As a condition for the use of the Platforms, you warrant that you will not use the Platforms for any purpose that is unlawful or illegal under any law for the time being in force. In addition, the Platforms shall not be used in any manner which could damage, disable, overburden, or impair it or interfere with any other party’s use and/or enjoyment of the Platforms. You will refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Platforms.
5. USER RESTRICTIONS
5.1. You shall not perform any of the following activities to ensure the safety of other users of the Platforms:
- Making available any information that is misleading, unlawful, harmful, threatening, abusive, torturous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable.
- Stalking, intimidating and/or harassing another and/or inciting another to commit violence.
- Transmitting material that encourages anyone to commit an offence that results in civil/criminal liability or otherwise breaches any relevant laws, regulations, or code of practice.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the concerned owner, committing any act that amounts to infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else.
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Platforms and Services, violate any requirements, procedures, policies, or regulations of networks connected to the Platforms and Services, or engage in any activity prohibited by these Terms.
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Upload, publish, transmit, store, update or share any information on
the Platforms that:
- threatens the unity, integrity, defence, security, 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.
- contains software virus or any other computer code, file, or program designed to interrupt, destroy or limit the functionality of the Platforms.
- is harmful to children.
- is patently false and untrue and is written or published with the intent to mislead or harass a person, entity, or agency for financial gain or to cause injury to any person.
6. FEEDBACK SERVICES
6.1 The Platforms may allow you to interact with us through services such as email, chatbot, feedback form, or to post information in the form of reviews in relation to your experience (“Feedback Service”). You agree and undertake to use the Feedback Service only to post such information as is proper and relevant to the Feedback Service. The User Restrictions under Paragraph 5 shall apply in relation to the Feedback Service as well.
6.2 We reserve the right to review any materials or information posted through the Feedback Service and to remove any of it at our sole discretion.
6.3 We further reserve the right, at all times, to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse or to post or to remove any information or materials, wholly or in part, at our sole discretion.
6.4 We do not control or endorse the content found in any Feedback Service and therefore specifically disclaim any liability or responsibility whatsoever with regard to the content present in Feedback Service and any actions resulting from your participation in any Feedback Service.
7. EXTERNAL LINKS
7.1 The Platforms may contain links to other websites (“Third-Party Sites”). We do not have any control over the Third-Party Sites and are not responsible for any of the content present on such Third-Party Sites, including but not limited to any link contained in such sites. We are not responsible for the content of the Third-Party Sites, and we do not make any representations regarding the accuracy of material on such sites. Should you decide to access the link to any Third-Party Sites, you do so entirely at your own risk.
7.2 References to the Third-Party Sites are provided solely as a convenience to you and the inclusion of links to such sites on the Platform does not in any way constitute or imply an endorsement, sponsorship or recommendation by PTG, of contents, services, facilities provided by such Third Party Sites, or any association with its operators or owners including the legal heirs or assigns thereof.
7.3 We are not responsible for any errors, omissions or representations on the Third-Party Sites. We do not endorse any advertiser on any Third-Party Sites in any manner. You are encouraged to verify the accuracy of all information on your own and exercise diligence prior to interacting with the Third-Party Sites or undertaking any reliance on the information contained therein.
8. INTELLECTUAL PROPERTY
8.1 Unless otherwise expressly stated herein, PTG reserves all the intellectual property rights in all text, programs, products, processes, technology, content, and other materials which appear on the Platforms. We claim exclusive ownership and/or license (as may be applicable) to the materials or products available on the Platforms. Your right to access the Platforms, as per these Terms, does not confer and shall not be considered as conferring upon anyone, any license to the intellectual property rights over the products and other materials available on the Platforms. All rights, including copyrights, in the Platforms are owned by or licensed to PTG.
8.2 Any use of this Platform or its contents, including copying or storing it in whole or in part, other than for your own personal, non-commercial use is prohibited without the express written permission of PTG. You shall not modify, distribute, or re-post anything contained on the Platforms for any purpose.
8.3 PTG’s names and logos and all related product and service names, design marks and slogans, whether registered or not, are PTG’s property and belong exclusively to us. All other marks are the property of their respective companies or third-party vendors or suppliers. No trademark or service mark license is granted to you in connection with the materials contained in the Platforms. Access to the Platforms does not authorize anyone to use any trade name, logo, or mark in any manner whatsoever.
8.4 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and other materials that are part of the Platforms (collectively, the “Contents”) are intended solely for your personal and non-commercial use. Upon acquiring prior consent of PTG, you may download or copy the Contents and other downloadable materials displayed on the Platforms for your personal use only. No right, title, or interest in the downloaded materials or software is transferred to you as a result of any such downloading or copying. You shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platforms or any related software. All software used on the Platforms is the property of PTG or our suppliers and is protected under Indian and/or international copyright laws. The Contents and software on the Platforms may be used only as a marketplace resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on the Platforms is strictly prohibited.
8.5 The compilation (i.e., the collection, arrangement, and assembly) of all Contents on the Platforms is the exclusive property of PTG and is also protected under Indian copyright laws.
9. PTG’S RIGHTS AND REMEDIES
9.1 You understand that PTG is not liable or obligated to provide any of the Services until the full consideration is received from you.
9.2 In addition to any other remedies available to PTG under these Terms, or the applicable law, PTG may limit your activity on the Platforms, suspend or terminate your account, or refuse to provide you with access to the Platforms if:
- you are in breach of the Website Policies or any other policies incorporated herein by reference.
- we are unable to verify or authenticate any information provided by you.
- we are of the opinion that your actions may infringe any third-party rights or breach any applicable law or otherwise result in any liability for you, other Users of the Platforms, or to us.
9.3 PTG shall not be responsible for any loss or damage that may be caused to you or any other person as a consequence of such cancellation of Services.
9.4 PTG’s rights to refuse or cancel Services as aforementioned are in addition and without prejudice to its rights to recover any amounts due to be paid by you to PTG, and to take such appropriate legal action as may be deemed necessary.
10. PTG ACCOUNT
10.1 Certain features of the Platforms, including the Services, may be accessible only through an account, which is individual to each user. You shall be solely responsible for maintaining the confidentiality of the credentials in relation to your account, as well as for all activities undertaken through such account. To create and operate your account, you must be at least 18 years of age.
10.2 If you sign up for the Service using credentials that are associated with your employer or another organization (“Admin Entity”), you represent and warrant that you have the authority to bind such Admin Entity to these Terms. “You” and “your” in these Terms will refer to both you and the Admin Entity. The account you create using an email address associated with an Admin Entity will be an “Administered Account”. If you’ve signed up for the Service using an Administered Account, at the Admin Entity’s request, PTG may share your email address, name and account information with your Admin Entity and transfer control of the Administered Account to the Admin Entity. If your Administered Account is transferred, the Admin Entity will be able to access, transfer and control your Administered Account and all content and designs associated with it.
10.3 You shall immediately notify us in writing of any unauthorized use of your account, or any other breach of security. PTG will not be liable for any loss that may be incurred by you as a result of unauthorized use of your account, either with or without your knowledge. You shall not use anyone else’s account at any time.
11. FEES, PAYMENTS AND REFUND
11.1 PTG offers Services for a fee, the details of which, along with the applicable refund and cancellation policy, shall be found here .
12. SECURITY OF THE PLATFORMS
12.1 You are prohibited from violating, or attempting to violate, the security of the Platforms, including, without limitation:
- accessing data or information not intended for you or logging onto a server or an account which you are not authorized to access.
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- attempting to interfere with service to any other user, host or network, including without limitation, through means of submitting a virus to the Platforms, “overloading”, “flooding”, “spamming”, “mailbombing”, or “crashing”.
- sending unsolicited email, including promotions and/or advertising of products or services.
- forging any header information in any email or newsletter posting.
12.2 Violations of system or network security in relation to the Platforms may result in civil or criminal liability. PTG will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
12.3 You agree not to use any device, software, or other means to interfere or attempt to interfere with the proper working of the Platforms or any activity being conducted thereon. You further agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Platforms other than through those tools made available on the Platforms, or generally available third-party web browsers (for instance, Microsoft Edge, Google Chrome, Mozilla Firefox).
12.4 Without prejudice to the generality of the above, you agree to download/install the PTG mobile applications only through authorised digital distribution services (such as Google Play Store, or the App Store).
13. DISCLAIMERS
13.1 The services, and the platforms including the materials and information (including but not limited to the software), and the content made available to you through the platforms, are provided on an “as is”, “as available” and “with all faults” basis, without any representations or warranties, express or implied, except as specified in writing.
13.2. To the fullest extent permissible by law, neither PTG nor any of its employees, managers, officers, or agents (collectively, the “PTG parties”) make any representations, warranties, or endorsements of any kind whatsoever, express or implied, as to:
- the services.
- the content.
- content generated by you.
- security associated with the transmission of information to PTG or through the platforms.
Additionally, all PTG parties hereby disclaim all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
13.3 The PTG parties do not represent or warrant that the platforms or the services will be error-free or uninterrupted. that defects will be corrected or that the platforms or the servers that make the platforms accessible are free from any harmful components, including, without limitation, viruses. The PTG parties do not make any representations or warranties that the information (including any instructions) in relation to the services is accurate, complete or useful. You acknowledge that your use of the services is at your sole risk.
13.4 While we make reasonable commercial efforts to ensure that the content is correct, the PTG parties specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content. PTG will not be liable to you in any way or in relation to the content, or use of, or otherwise in connection with the platform and/or services. We do not warrant that the platforms, the information, contents, or materials provided through it are free of viruses or other harmful components.
14. LIMITATION OF LIABILITY
14.1. Under no circumstances, and to the fullest extent permitted under applicable law, PTG or its affiliates shall be liable for any indirect, punitive, incidental, special, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with or resulting from:
- these terms.
- the use or inability to use the platform and/or the services.
- unauthorized access to or alteration of your transmissions or data.
- any other matter relating to the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not PTG has been informed of the possibility of such damage, even if a limited remedy set out in these terms is found to have failed of its essential purpose.
14.2 Further, PTG shall not be held responsible for non-availability of the platforms during periodic maintenance operations or any unplanned suspension of access to the platforms that may occur due to technical reasons or for any reason beyond PTG’s control, including any consequences arising from such suspension. You understand and agree that any material and/or data downloaded or otherwise obtained from the platforms is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your computer systems or any other loss that results from such material and/or data.
14.3 In any event, the total liability of PTG arising out of these terms is limited up to the amount paid by you in relation to the transaction immediately prior to the event giving rise to the liability.
15. INDEMNIFICATION
15.1 To the maximum extent permitted by applicable law, you agree to release, defend (at PTG’s option), indemnify, and hold PTG, its affiliates and other PTG parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or connected with:
- your breach of the website policies.
- your improper use of the platforms.
- your use of the services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such stay or participation.
- your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights.
15.2 You agree to fully cooperate, as required by PTG, in defending any claim. PTG reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of PTG. The provisions contained in this paragraph shall survive the expiry or termination of these terms. You will be liable for fees, refund, etc.
16. TERMINATION OF THE TERMS
16.1 These terms shall subsist and remain effective unless and until terminated either by PTG or you, with or without cause at any time.
16.2 Without prejudice to the foregoing, PTG may also terminate your access to the platforms and/or services, without notice, for reasons including:
- breach of these terms by you.
- requests by enforcement or government agencies.
- non-payment of any fees owed by you in connection with the services as specified in the terms of service.
16.3 Should you object to any of the provisions contained in the website policy or become dissatisfied with the services in any way, your only recourse shall be to immediately:
- discontinue to the use of the platform and/or services.
- notify PTG of such discontinuance.
16.4 Upon the termination of these terms and/or services, your right to use the platforms and/or the services shall immediately cease, and PTG shall thereafter not be liable to you for any uncompleted tasks.
16.5 However, any such termination of these terms shall neither affect your obligations to clear any outstanding payments for the services already availed by you, nor affect any of your liabilities incurred under these terms prior to such termination.
16.6 Parts of these terms which by their nature are intended to survive termination, shall survive the termination of this agreement.
17. PRIVACY POLICY
17.1 The collection, usage, and processing of personal information on the Platforms are governed by PTG’s Privacy Policy, available on the Platforms. By using the Platforms, you agree to the terms of the Privacy Policy and accordingly consent to the use of your personal information by PTG and its affiliates in accordance with the terms of the Privacy Policy.
18. NOTICES
18.1 All notices or other communications under the website policies, or otherwise, shall be in writing, in English, and be deemed given if delivered personally or by registered post with acknowledgement due, or sent via email/facsimile (with acknowledgement of complete transmission) to the following:
- if to PTG, at info@ptgtech.in and/or to the address posted on the platforms.
- if to the user, at the communication and/or email address specified by you at the time of accessing the platforms or availing the services.
19. GOVERNING LAW AND JURISDICTION
19.1 The Website Policies shall be governed by and construed in accordance with the laws of India, and the disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.
20. SEVERABILITY
20.1 If any provision of the Website Policies is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of these Website Policies shall continue to be in full force and effect.
21. ENTIRE AGREEMENT AND NO WAIVER
21.1 Unless otherwise specified herein, these Terms together with the Privacy Policy and the Terms of Service constitute the entire agreement between you and PTG with respect to the Platforms and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PTG with respect to the Platforms and/or Services.
21.2 PTG’s failure to act with respect to a breach of the Website Policies by you or others does not waive its right to act with respect to subsequent or similar breaches.
22. INTERPRETATION
22.1 The provisions of the Website Policies shall apply equally to both the singular and plural forms of the terms defined. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase, “without limitation”. Unless otherwise indicated, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to these Terms as a whole.
23. GRIEVANCE REDRESSAL
23.1 You may report any issues faced by you or submit any grievances in relation to the Platforms and the Services to the grievance officer appointed by PTG (“Grievance Officer”), who will endeavour to address the same within 60 working days from the date of receipt of your complaint.