TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Primofonte Service.

The domain name ‘www.primofonte.com’ (hereinafter referred to as “Website”) is owned and operated by Primofonte Technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at L5-03, Splendid Plaza, No – 63, 5th A Block, 100 ft road, Kormangala, Bangalore – 560095.

The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

DEFINITION

 “Order” shall mean an order placed by you on Primofonte Technology Private Limited.

“Product(s)” shall mean and include Websites, E Commerce platforms, ERP’s or any other technology product that the company customizes and enables.

“User”, “You/you”, “Your/your” means any natural or legal person who browses, accesses or uses the Website.

“Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Website;

“Website” or “Site” means www.primofonte.com through which the Primofonte Services are provided to the user.

“We”, “Company”, “us” and “our” means Primofonte Technologies Private Limited and its affiliates, officers, employees, agents, partners and licensors.

WEBSITE USE

Your use of the Website and Services and tools on the Website and any transactions made through the Website are governed by the following terms and conditions (“Terms of Use” or “Terms” or “TOU”) as applicable to the Website including Privacy Policy, Terms and Conditions and any other applicable policies which are incorporated herein by way of reference or available by hyperlink on the Website. Mere use of the Website, shall be construed as Your intent to contract with us and shall constitute Your binding obligations, with us.

You agree to have read, understood and conveys acceptance that you shall be bound by the Terms of Use every time you use the Website.  You understand that it is your responsibility to check the Terms of Use carefully before accessing or using or transacting on our Website. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. Any such modifications would be effective immediately. It shall be your responsibility to review these Terms of Use periodically for any updates/changes. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the services as listed on the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.You are allowed to Use Website at your own risk. User acknowledges and understands that User has discretion not to use the Website. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our including but not limited to Privacy policy, as amended from time to time.

 

AVAILING OF SERVICES

Subject to acceptance of the Terms, the Company allows you to avail all Primofonte Services offered on Website. You reserve the right to select the type of Services, which you wish to avail, from the options as displayed on the Website.

 

The Information provided by you while availing the Services on the Website is subject to Privacy Policy of the Company displayed on the Website.

 

The Company reserves the right in its sole discretion to accept/refuse /reject registration or acceptance of Order placed using the Primofonte Services or part thereof, without any obligation of explanation.

 

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

 

 

 

USE OF PRIMOFONTE SERVICE(S)

Your use of the Primofonte Services and tools on the Website and any transactions made through the Website are governed by the policies applicable to the Primofonte Services, listed on the platform. You agree not to, host, upload, publish, transmit, update or share any information through Primofonte Services, which:

 

  1. Belongs to another person and over which you have no right;
  2. Is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. Is false, inaccurate or misleading in any way;
  4. Is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  5. Harasses or advocates harassment of another person;
  6. Involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
  7. Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
  8. Infringes upon or violates any third party’s rights [including but not limited to, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];
  9. Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
  10. Provides information that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  11. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
  12. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
  13. Solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
  14. Interferes with another’s use and enjoyment of the Website;
  15. Refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of the policies listed on the Website;
  16. Harms minors in any way;
  17. Infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, or any other Intellectual Property or rights of publicity, or privacy, is fraudulent, or involves the purchase of counterfeit or stolen items;
  18. Violates any law for the time being in force;
  19. Deceives or misleads the users of the Website about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
  20. Impersonates another person;
  21. Contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
  22. 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 offence or prevents investigation of any offence or is insulting any other nation;
  23. Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  24. Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
  25. Creates a false identity or otherwise attempting to mislead others as to your or the origin of any communication made using the Primofonte Services.
  26. Sending unsolicited and/or bulk messages or advertisements, including voicemails or facsimiles.
  27. Unauthorized access to Primofonte Services, other accounts, or computer systems or networks connected, through password mining or any other means.
  28. Violation or non-adherence to any extant laws of the land governing the business associated with this Agreement.
  29. Company disclaims all liability for these matters. Further, you will indemnify and hold Company harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to claims arising due the usage of Primofonte Services.

 

DATA SECURITY AND OWNERSHIP

You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Website.  It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

 

All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company’s copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.

 

There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by us or Seller or otherwise. By displaying them on this Website, we or Seller are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.

 

USER GUIDELINES

Access or use of the Website may contain services such as email, short message service (“sms”), email, or any other such service, for the reporting purpose (hereinafter collectively referred to as “Communication Services”). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, sms and material that are proper and related to Communication Service.

By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will not:

  1. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  2. Upload or distribute files that contain viruses, corrupted files, or any other similar software;
  3. Programs that may damage the operation of this website or server or another’s computer or handheld devises;

LINK TO THIRD PARTY

We may provide you links to third party services (“Third Party Services”). You agree to use the Primofonte Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.

 

THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

INDEMNIFICATION

You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendors harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), arising out of the Use of this Website or Services or resulting from any breach or violation of these Terms by you, or due to your activities related to the Website.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THE PRIMOFONTE SERVICES, ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE PRIMOFONTE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM PRIMOFONTE SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.

 

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.

 

In no event shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website.

 

The request as placed by User shall be performed by the concerned representatives appointed as per the need and only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives of the Sellers who facilitate the completion of the services requested. We are not an authorised agent of any Seller, Service Provider(s) or any such third party and we only provide the platform for listing of the Products by the Seller through our Website.

REPRESENTATION AND WARRANTY

The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service Provider or through the depiction(s) made by the service(s) advertiser(s) or partners will meet your expectations or requirements.

 

To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, services on fitness for a particular purpose.

GUIDANCE MATERIAL

The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information.  The User shall take prior advice and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information.

 

The Company shall be advertising on various platforms and through various mechanisms about the Primofonte Services, through its Website. Company does not provide or place any warrant, in the event that any terms of the advertisement(s) are in conflict with this Terms of the Website and the contents of this Terms of Use shall supersede any such terms and conditions, as mentioned.

ADVERTISEMENTS

The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.

 

We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall the  Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.

 

 

COMPLIANCE WITH LAWS

Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using Payment Facility and our Website.

 

NOTICE

All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services, email id of the at [email protected] or office address of the Company at L5-03, Splendid Plaza, No – 63, 5th A Block, 100 ft road, Kormangala, Bangalore – 560095.

CHANGE

We have and continue to have the right to modify, change or update this Terms of Use and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.

GENERAL PROVISIONS

  1. These Terms constitute the entire or sole legal agreement between you and the Company and shall supersede and prevail any prior agreements, whether oral or written, regarding subject matter hereof.
  2. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
  3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under the Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid, effective and enforceable.
  4. If any one or more of the provisions of this Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
  5. The use or access of the Website therein, shall be governed exclusively by the laws of India. You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of
  6. Bangalore, India.
  7. The name “Primofonte” or primofonte.com and any related depiction of the images, content displayed on the Website, is product of the Company’s imagination or are used fictitiously and are not to hurt any sentiments or community. Any such resemblance to actual events or locales or persons, living or dead, is purely coincidental and should not be considered derogatory by any individual or any party.

 

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE WEBSITE.