Pauket Digital Enterprises Private Limited (hereinafter referred to as “Pauket” or “We” or “Us” or “Our”) is a private limited company incorporated under the provisions of the Companies Act, 2013 and having its registered office at Prince Infocity II, Unit 283/3 & 283/4, Perungudi, Saidapet, Kanchipuram, Tamil Nadu – 600096 India. Pauket Digital Enterprises Private Limited operates mobile applications and website www.pauket.com under brand names “Pauket.” (“Platform”)
Pauket delivers coupons and promotional offers from its brand partners which can be availed by the user (hereinafter referred to as, “You”, “you”, “your” or “User”) upon visiting the Platform (“Services”). Pauket is committed to operating its website and mobile applications with the highest ethical standards and appropriate internal controls.
THESE WEBSITE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
Please note that your visit, use of or any access to Our Platform is subject to the following terms of use (“Terms” or “Terms of Use”) and if you do not agree to all of the following, you may not use or access the Services and Platform in any manner whatsoever.
When You use any of the Services provided on the Platform, You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
GENERAL
Please read on to learn the terms and conditions that govern your use of Our Platform and/or Services. These Terms are a binding contract between you and Pauket. You must agree to and accept all the Terms, or you do not have the right to use or access the Services and/or Platform. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
You are aware and you accept that all information and content on the Platform is protected and secured. You acknowledge that You will be responsible for maintaining the confidentiality of Your account information and You are fully responsible for all activities that occur under Your account and also agree to keep your login credentials safe and confidential at all times. You further agree to promptly inform Us immediately in case of any actual or suspected unauthorized use of Your Account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of either Pauket or its respective third-party vendors. The permission given by Pauket to access the application will not convey any proprietary or ownership rights in the above software/hardware.
You understand and accept that not all the products and services offered on or through the Platform are available in all geographic areas and You may not be eligible for all the products or services offered by Pauket or third party providers on the Platform. Pauket and such third party providers reserves the right to determine the availability and eligibility for any product or service offered on the Platform.
You hereby understand and accept that Pauket is not responsible for the availability of content or other services on third party sites linked from the Platform. You are aware that access of hyperlinks to other internet sites are at Your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Pauket in any manner whatsoever. Pauket does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
You hereby agree that You will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You also agree You will not use the Platform in any manner that could damage, disable or impair the Platform or interfere with any other party’s use, legal rights, or enjoyment of the Platform. You hereby represent and warrant that You shall make use of the Platform as a prudent, reasonable and law-abiding citizen and You shall comply with relevant necessary laws.
Pauket reserves the right in its sole discretion to delete, block, restrict, disable, or suspend Your account or part thereof. If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e indulge in fraudulent activities on the Platform, etc.
Additionally, by continuing using the Platform or Services of Pauket, You hereby confirm that:
PRIVACY
You agree that during Your use and access of the Platform and/or availing of the Services offered by the Platform, You will provide Us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms, are governed under the Platform’s Privacy Policy which is available at www.pauket.com (“Privacy Policy”) and by using and visiting the Platform and availing the Services of the Platform, you also agree to abide in compliance with the terms and conditions of our Privacy Policy.
SERVICES
Pauket delivers coupons and promotional offers from its brand partners which can be availed by the You through your account on the Platform. You hereby understand and agree to comply with the following terms and conditions of the redemption of the coupons available on the Platform:
You hereby agree and understand that by availing the Services on the Platform, You shall be bound by Our Privacy Policy and any of Your information provided on the Platform shall be shared with Our group companies and business partners, which shall store Your data within Indian jurisdiction as per applicable laws.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, and logos used and displayed by Pauket, in any manner on the Platform are Pauket's registered or unregistered proprietary rights worldwide. Further, the trademarks, service marks, and logos used and displayed belonging to the businesses, advertisers, or third parties as displayed on the Platform are owned by them, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same. Such proprietary trademarks or logos belonging to Pauket or its suppliers, advertisers, any Users or third parties are protected pursuant to any and all applicable laws. All rights are reserved and you may not alter or obscure such proprietary mark or name or logos, or link to them.
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, vests with Pauket. 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 in accordance with these Terms of Use. No portion of the Platform shall be reproduced in any form by You.
Pauket’s Platform is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws. You are hereby given a limited license to use the Platform for Your personal and non-commercial use, subject to Your agreement of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Pauket’s Platform.
LIMITATION OF LIABILITY, INDEMNITY, AND WARRANTY
In no event shall Pauket or its directors, employees, associates and/or partners be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Platform or availing any product or services from any third-party service provider.
You agree to indemnify Pauket or its directors, employees, associates and/or partners for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Platform (ii) non-performance and/or non-observance of any of the obligations, acts or omissions under these Terms of Use (iii) any act, neglect, misconduct or fraud on Your part. You warrant that all the details and information provided by You to Pauket while using this Platform shall be correct, accurate and genuine.
To the fullest extent permissible pursuant to applicable law, Pauket and its directors, employees, associates and/or third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights.
DISCLAIMERS
THE USER AGREES AND UNDERSTANDS THAT THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION AND CONTENT INCLUDED ON THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN SOLE RISK. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, PAUKET DOES NOT WARRANT THAT THE PLATFORM: (I) WILL PERFORM ERROR-FREE OR UNINTERRUPTED, OR THAT PAUKET WILL CORRECT ALL OR ANY ERRORS OR DEFECTS IMMEDIATELY (II) WILL OPERATE IN COMBINATION WITH YOUR DEVICES, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY PAUKET, (III) WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS, (IV) INFORMATION/CONTENT ON THE PLATFORM WILL BE UPDATED ON A DAY-TO-DAY BASIS, (V) WILL BE ACCESSIBLE AND FUNCTIONAL AT ALL TIMES, WITHOUT ANY TECHNICAL ERROR/MALFUNCTION/DEFICIENCY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS AND/OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD US HARMLESS IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
FORCE MAJEURE
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Pauket shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Pauket, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
SEVERABILITY
All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
WAIVERNo failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right.
ASSIGNMENT
You agree that We may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice to You. You agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party.
DISPUTE RESOLUTION
Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Terms of Use shall be referred for arbitration, to a sole arbitrator appointed by Pauket, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at Chennai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
GOVERNING LAWS & JURISDICTION
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Pauket has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Chennai, Tamil Nadu, India.
ENTIRE TERMS OF USE
These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.
SURVIVAL
Notwithstanding the termination or rescission of this Terms of Use, the provisions of this Terms of Use shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of Liability, Indemnity, Warranty, Intellectual Property, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Terms of Use which by implication are to survive the termination of this Terms of Use shall survive such termination. Termination of the Terms of Use shall not abate the causes of action that have accrued to the Parties prior to such termination.
AMENDMENT
Pauket reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Platform. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Platform. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Platform, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Platform from time to time. Your continued use of the Platform following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Platform and the Services. It is further clarified that the User’s use and access of the Platform/Service(s) is subject to the most recent version of these Terms made available on the Platform at the time of such use.
SUPPORT
If You have any queries with respect to the Services and/or the Platform, then address your e-mail with such queries to [email protected]
GRIEVANCE OFFICER
If You have any grievances regarding the use of the personal information provided by you under these Terms or with respect to processing of such information, or any other complaints in relation to the Services offered on the Platform, please address your grievance to “Dipak Gowrishankar, Grievance Officer” to [email protected] or +91 98848 30601
The Grievance Officer is identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the rules enacted under those laws.