Subject to your compliance with the Terms, you may (1) download and install one copy of the Application to your supported device, and access and use the Services, solely for your own personal and non-commercial use (2) access the service through the Website. You may not: (i) copy, modify or distribute the Application and/or website and/or Servcies for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application, website and/or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application, website and/or the Services; (iv) make the functionality of the Application, website or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pretr or its licensors.
Inorbit Malls (India) Private Limited (Inorbit) is a Shopping Mall and not a trader or seller of goods and services. Inorbit makes no express or implied warranties or representations with respect to the Website or any products or services sold through the Website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). Inorbit shall not be liable in case of defects / insufficient goods / services sold through the Website, for which you shall be required to approach the seller of the goods/services. In no event will Inorbit, Its officers, directors, employees Or agents, be liable to you for any indirect, incidental, special, punitive or consequential damages of any kind arising out of or in connection with your use of the Website.
As part of the Services we provide, you may receive push notifications, text messages/SMS, pictures messages/MMS, alerts, emails or other types of messages directly sent to you outside or inside the Application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
In order to access certain features of the Services, you have to create a file with us (an "Account"), which will be authenticated using Facebook or other official means of authentication. To create an Account, you must be 18 years of age and older at the time of registration, to participate in the Program. If you are younger than 18 years of age, then you need to ensure your parents consent to your using the Services. You will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.
a) provide any false personal information to Pretr (including a false username) or create any account for anyone other than yourself without such person's permission;
b) use a username that is the name of another person with the intent to impersonate that person;
c)c) use a username or Pretr account that is subject to any rights of a person other than you without appropriate authorization; or
d) use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Pretr is involved in discovery of goods, merchandise and services through aggregation of goods, merchandise and services of the Merchants (collectively called "Products" hereinafter) through the application or website to you. We may or may not be involved in the sale and purchase of the Products listed on the application and/or website.
Pretr works with the Merchants and other 3rd party data providers and 3rd party services in order to display various information (Products, store locators, offers, new arrivals, location information etc) and content on Pretr and Pretr shall have no liability in the event of any loss suffered by you arising out of the information and/or content provided by the Merchant.
The Merchant, not Pretr, is the seller of the Products. The Products offered through Pretr are the property of the respective Merchants offering them. All commercial/contractual terms are offered by the Merchants directly. The commercial/ contractual terms include without limitation, warranties related to Products including after sales services over which the Merchant has compete control. No warranty or guarantees in respect of the Products are provided by Pretr. Pretr takes no responsibility for the Products that are sold or supplied by third party vendors/merchants. Pretr makes no warranty to their users for the quality, safety, usability, or other aspect of a product and/or service that is supplied by a merchant and/for some services or activities that involve potential bodily harm, and for those activities, Pretr takes no responsibility for the Service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those Services
You shall be required to share information pertaining to your location/place ("Location") as Pretr functions on the basis of the information pertaining to your Location. Based on your location, Pretr uses 3rd party providers and our own database for getting list of merchants their Products and their contact details. Pretr makes no warranty to their users and takes no responsibility for the accuracy of the information. User takes responsibility for his or her own actions in utilizing those Services
While availing any of the payment method/s available on the Program, we will not be responsible or assume any liability, whatsoever in respect of any loss ordamage arising directly or indirectly to You due to:
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Merchant may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment.
Our goal is to make the Program as good, useful and rewarding for you as possible. In order to do that, we need to collect and process information from you when you use the Program. We will collect certain personally identifiable information from you which is part of the Terms. When you use the Program, Pretr has access to, and in many cases will monitor, your usage of the Program as you send and receive Content (defined below). By accessing and using the Program, you agree that we may collect, use and disclose, certain information you provide during your access to or use of the Program, and in some cases information that is provided to the Program by other parties. As part of providing you the Program, we may need to provide you with certain infrequent service communications, such as service announcements and administrative messages which you may not be able to opt-out from receiving. We may also need to provide you messages from our merchants, which can include advertisments, offers and other communication from Pretr and/or the merchant ("Promotional Messages") and you as a user will be able to opt out from these messages. Service Communications and Promotional Messages can be sent through email, SMS/MMS/USSD or notification within the application or website. We shall have no responsibility in any manner whatsoever regarding any promotional messages sent to you. The offers made in those promotional messages shall be subject to change at the sole discretion of the Merchant and the merchant owes no responsibility to provide you any information regarding such change.
Certain portions of the Program may allow you to post or upload text, graphics, images, and other content for display or publication through the Services ("Content"). By submitting Content to Pretr, you hereby grant Pretr a worldwide, royalty-free, fully paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and Pretr's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Program (and derivative works thereof) in any media formats and through any media channels. If you publish images or other such content through the Services, they may be viewed by and shared with other users, for example, on social networks like Facebook, based on your settings.
You agree not to: (i) submit material that violates anyone else's proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, "pyramid schemes,' chain letters or other solicitations; or (v) impersonate another person. Pretr does not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any Content. We reserve the right to decide whether Content is appropriate and complies with the Terms, and may remove such Content and/or terminate your access for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Content or other materials that are believed to violate the Terms. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You must email us at email@example.com and must mention "copyright infringement" in the subject line.
Pretr shall have the right, but not the obligation, to monitor the content of Pretr at all times, to determine compliance with this Agreement and any operating rules established by Pretr, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Pretr shall have the right to remove any material that Pretr, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The Program may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Program, or otherwise "game the system". You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Services. In addition, you agree not to do any of the following:
Pretr expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any such prohibited conduct, or based on any material violation of the Terms; you agree to provide your full cooperation and prompt repayment under such circumstances. Pretr shall determine, in its sole discretion, whether you have engaged in prohibited conduct; Pretr's determination shall be final and unreviewable, and you waive any and all rights you may have to challenge that decision.
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach the Terms, at our sole discretion and without prior notice to you. We also reserve the right to terminate the Services or your access at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Services. Upon termination, all licenses and other rights granted to you under the Terms will immediately cease. We will not be liable to you or any other person for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
The Services and Application are protected by copyright, trademark, and other laws of India and other foreign countries. Pretr and its licensors exclusively own all right, title and interest in and to the Services and Application, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Application. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in the Terms. Any feedback, comments and suggestions you may provide for improvements to the Services or Applications ("Feedback") will be the sole and exclusive property of Pretr and you hereby irrevocably assign to Pretr all of your right, title, and interest in and to all Feedback.
The Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.
Your use of the Program is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Applications will be error-free or that any errors will be corrected. Pretr will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier related to any device that you use to access or use the Application or Services.
We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or Application or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access an Application or the Services.
We disclaim all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. If you think you have received Push Messages in error or experienced other technical failures, please contact us immediately.
The Services and Application, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Pretr, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Pretr, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your violation of the Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
IN NO EVENT WILL PRETR, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR APPLICATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PRETR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRETR'S CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS REGARDLESS OF TYPE, EXCEED FIFTEEN RUPEES. In addition, from time to time, various entities may sponsor reward points, offers and other rewards as part of a Service ("Sponsors"). YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL LIABILITY CLAIMS AGAINST SPONSORS RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY SUCH REWARDS. You agree that Sponsors are third party beneficiaries of the Terms, and may enforce its provisions directly.
Pretr's headquarters are in Mumbai, Maharashtra. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using Pretr Program, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or Pretr Program, shall be finally settled by arbitration in Mumbai in accordance with the provision of the Arbitration and Conciliation Act, 1996.
We may send SMS to you during the following events and the Customer agrees to the same:a) A welcome message upon the respective Customer's joining Pretr; and b) In the event the Customer(s) seek information regarding the tips, recommendations and appropriate information pertaining to the Products and/or Services offered from various Merchants. It is hereby clarified that the apart from the manner as mentioned hereinabove, Pretr may communicate with you in accordance with applicable law/ Telecom Regulatory Authority of India ("TRAI") guidelines.
The Terms are the entire agreement between you and Pretr concerning the Program, and supersede all prior or contemporaneous communications between you and Pretr with respect to the Program. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Pretr's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the Program at any time, or modify the Terms without notice. All modified terms and conditions will be immediately effective as of the date the modified Terns are posted on the Pretr website and will apply to all Accounts and Members enrolled in the Program. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, terminate or cancel your Account. By continuing to access or use the Application and/or the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes. Members will be notified by email or in the Application or through other available means if the Program is suspended or cancelled. Notice of cancellation will also appear on the Pretr website.
If you have any questions about the Terms, please contact us at firstname.lastname@example.org