TERMS AND CONDITIONS
Welcome to PriCom!
PriCom is owned and operated by iShree Consulting Inc.
These are the terms and conditions for:
· PriCom App (Available on Google Play and App Store).
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of PriCom accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE PLATFORM.
The ownership of the website and the PriCom mobile application, including all functionalities included in the application, belongs to iShree Consulting Inc, including the PriCom trademark and logo. It is strictly prohibited to claim any intellectual property rights or any other property rights over the platform and the PriCom trademark.
All trademarks, images, content and logos are Copyrights reserved and owned by iShree Consulting Inc. By using the platform, you do not receive any Intellectual Property rights to these trademarks. Any activity such as downloading, copying, reuse, reconfiguration or imitation is expressly prohibited without the prior permission of iShree Consulting Inc. Any user or third party engaging in such activities may be subject to appropriate legal action, including, without limitation, civil and criminal liability.
2. ACCEPTANCE OF TERMS
By using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the platform immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to these terms and conditions when you use PriCom after any such modification is posted; it is therefore important that you review this agreement regularly.
Use of the platform is prohibited for children under the age of 13. In the case of children under 18 and over 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or minor in custody. PriCom reserves the right to perform the necessary age verifications.
You represent and warrant that your use of the platform does not violate any applicable law or regulation. PriCom may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
By providing PriCom with your email address and phone number, you agree that we may use your email address to send you notifications, SMS messages, important communications and special content. If you do not wish to receive these emails or SMS messages, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Unsubscribing may prevent you from receiving emails and SMS messages related to your use of the platform.
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that PriCom does not guarantee any outcome, negative or positive, as a result of your use of our platform. You acknowledge and agree that your ultimate success or failure to use the platform and the features available on the platform will be the result of your own actions, your particular situation and other circumstances beyond PriCom's control.
5. LICENSE TO USE THE PLATFORM
PriCom grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform and the functionalities included in the platform as part of our services. This license is for the sole purpose of allowing you to use and enjoy the benefits of the features available on the platform, including the ability to make and receive calls through the platform. To use the platform and the functionalities available on the platform the user must register with a valid phone number. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the PriCom platform or third parties.
PriCom reserves the right to terminate your access immediately, with or without notice, and without liability to you, if PriCom believes that you have violated any of these terms or interfered with the use of the platform or service by others.
Through the platform, PriCom may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, PriCom does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
7. PERSONAL DATA
8. CONFIDENTIAL INFORMATION
Information provided by our users through the use of the platform will be treated as Confidential Information and will be used solely for the purpose of providing the functionalities within the platform. PriCom will protect such Confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. PriCom may disclose Confidential Information received pursuant to our services to our employees who have a need to know and have a legitimate interest, provided that the employees are obligated to protect such Confidential Information from unauthorized use and disclosure. Confidential Information will not be disclosed to third parties without the prior written consent of the user who owns the information.
9. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to PriCom or licensed to the PriCom by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
· Use the platform for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by PriCom.
· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
· Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
· Deep-link to any portion of the services for any purpose without our express written permission.
· "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or service without our prior written authorisation.
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PriCom in connection with the services.
· Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
10. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet PriCom provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those websites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse PriCom for any loss or damage caused as a result.
PriCom shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, PriCom excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to PriCom and PriCom shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the platform.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from PriCom.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
11. THIRD PARTIES
When using the platform, you may encounter links to third-party sites or you may interact with third-party sites such as Google Play, App store, etc. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where PriCom provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites are at your own risk. You expressly acknowledge and agree that PriCom are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify PriCom from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· Your breach of this agreement or the documents referenced herein.
· Your violation of any law or the rights of a third party.
· Your use of the PriCom platform.
13. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PriCom without restriction.
15. INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and PriCom, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event that a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. PriCom may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of the United States, specifically the courts located in the State of (NJ), shall have jurisdiction over any dispute, controversy or claim relating to PriCom and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (NJ).
17. FINAL PROVISIONS
Although the platform is available worldwide, these conditions are governed by the laws of the United States. Use of the PriCom platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
18. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: