TERMS AND CONDITIONS

Last Updated : october 18,2023

This document is an electronic record in terms of the Information Technology Act, 2000 and rules 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.

Prayosha Food Services Private Limited, a private limited company incorporated under the laws of India (“Company”, “we”, “us” or “our"), manages and operates the website (https://www.petpooja.com/invoice) and domain name, and any other linked pages, features, content, mobile application ‘Briefcase’, or any other services we offer from time to time in connection therewith (collectively the "Platform”) which is an online platform which enables users to optimize their purchases and purchase related decisions. Further, the Platform will also analyze and store such data derived from the invoices uploaded by the user in order to deduce an accurate interpretation of the same. Additionally, the Platform aims to assists the user to avail financial facilities (including loans from banks and non-banking financial companies (collectively referred to as “Financial Service Providers”)), as maybe required by the user, to enable to them to manage their payment cycles (collectively, the foregoing shall be referred to as the “Services”).

All users of the website are advised to read and understand our Privacy Policy and Terms & Conditions carefully before registering, accessing or using the website or any services offered by the Company. By giving your consent for accessing the Platform (either as a visitor or a customer), you (hereinafter referred to as “you”, “your, “user”, as applicable) expressly consent to our collection, storage, use and disclosure of all the information shared by you with the Company to any third party (wherever applicable) in accordance with the terms of this Terms and Conditions and the Privacy Policy , as amended from time to time.

This document and such other rules and policies of the Platform as may be amended from time to time are collectively referred to below as the “Terms & Conditions” or “Terms” .

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms, at any time without any prior written notice to you. By accessing, browsing, or otherwise using the Platform, including following the posting of changes, the user agrees to accept and be bound by the terms (as may be amended from time to time). It is your responsibility to review these terms periodically for any updates / changes. Please do not access the Platform if you do not accept to any terms or are unable to be bound by any terms contained herein.

PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM OR THE COMPANY.

Additional terms and conditions may apply to you in respect of availing specific services and/or to specific portions or features of the Platform, including but not limited to, the Services, any other additional services as may be offered by us from time to time, contests, offers, schemes, promotions or other similar features, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that you have the legal capacity to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any specific service offered on or through the Platform, the latter terms shall control with respect to your use of that portion of the Platform or the specific service. The Company expressly reserves the right at any time, to add to and/or alter, modify, change or vary all or any of the terms and conditions or to replace wholly or in part, the contests, offers, schemes, promotions etc. with another contest, offer, scheme, promotion etc. or to withdraw it altogether.

Application

The Platform is a web-based platform that offers the Services subject to these Terms as well as the Privacy Policy and any other rules and policies of the Platform that the Company may publish from time to time.
You must read the Company’s Privacy Policy which governs the collection, use, and disclosure of personal information about users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
We may, from time to time, release new features on the Platform, or introduce other Services and/or resources. Any such amendments will be subject to these Terms as well as any additional terms of use that we may release for those specific Services or features.

Subscription

It is mandatory to register or subscribe to visit, access and use the Platform. You need to register, subscribe and create one or more user accounts (each an “Account”) to avail such Services on the Platform by providing, your name, email address, password, pan card details, mobile number, GST Number, bank account number and other details with respect to each Account. By registering and creating your Account on the Platform the user will be able to access the dashboard. Additionally, you agree to:
1. provide accurate, current and complete information as may be prompted ("Registration Data") and maintain and undertake to update the same in respect of any changes;
2. maintain the security of your password;
3. accept all risks of unauthorized access to the Registration Data and any other information you provide to us;
4. notify us immediately of any breach of security or any unauthorized use of your Account; and
5. be responsible for all activity on your Account and to use and operate the same in accordance with applicable law.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. we may at our sole discretion restore access to your Account, at any time, pursuant to any suspension.
The Company reserves the right to cancel any reservation or subscription/registration made by the user without prior notification.
In case you avail services or add-ons while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. The Company disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
User agrees and confirms that any Services provided to you by the Company are on best efforts basis and the Company may engage services of third-party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.
User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

Eligibility

The Platform is available for use and access to users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.
User must not use the Platform and its Services for their personal use and the Platform shall be used by the user only for their business purposes.

User Accounts and Verification of Account

User must be registered on the Platform to access or avail the Services for its commercial purposes. You agree and acknowledge that you will use the Platform only for your business purposes and not for personal use. Further, the Company retains the right to reject an application made by the user for creation of any Account, without assigning any reasons thereof.
When you access the Platform you are electronically communicating with the Company. The Company may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you hereby provide your informed consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from the Company with respect to your use of the Platform and such consent shall be extended by your continued use of the Platform that you agree and consent to receive any communications from the Company.
While registering the user account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TDS amount, address, phone number and/ or any other information that may be required by the Company to provide the Services in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, the Company reserves its right to take appropriate steps as they deem fit and necessary. For the purpose of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.

User Information

User will be required to provide information or material about user’s entity, its business, services or products, bank account details, customer related information, other ‘know your customer’ (KYC) details and/or purchase invoice as part of the registration process on the Platform and/or your use of any Service or the user Account. You represent, warrant and agree that:
1. Such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete;
2. You will maintain and promptly amend all information and material to keep it true, accurate, current and complete;
3. You may be required to promptly furnish additional documents or information as and when requested by the Company to continue using and accessing the Platform and availing the Services; and
4. You agree to promptly provide such additional documents and information, failing which the Company reserves its right to take appropriate measures as set out under these Terms.

User Obligations and Undertaking

You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the“Platform Content” ), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with the Company, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
The Company may allow users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), application programming interface (API) or otherwise to such third parties' web sites for services. You are cautioned to read such third parties’ terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that the Company has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to the Company or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to the Company to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which, in the sole discretion of the Company, may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the user. You confirm and warrant to the Company that you have all the rights, power and authority necessary to grant the above license.

User’s responsibilities, representations and warranties

You represent, warrant and agree that:

You are fully able and competent to understand and agree to these Terms;
You have full power and authority to accept these Terms;
You have the authority and all necessary licenses, consents and/or governmental approvals required to access the Platform and make payment, borrow or repay the loan hereon;
You will use the Platform and any Services provided on it only for lawfully permitted purposes;
The address you provide when registering your account on the Platform is the user place of business of your business entity;
Your business is validly existing and incorporated / established as per the provisions of applicable laws;
You shall comply with all applicable laws while using and accessing the Platform;
You shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) for using the Platform;
Any User Content that you submit, or upload should not infringe or violate any copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party and/or any applicable law; and
You consent to the inclusion of the information provided by you in the Company’s database and the usage of the same as per the Privacy Policy.

Breaches and Suspension

If any user breaches any Terms, or if the Company has reasonable grounds to believe that a user is in breach of any Terms, or could subject the Company or its affiliates to liability, or is otherwise found inappropriate or unlawful in the Company’s opinion, the Company shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
1. suspending or terminating the user’s account and any and all accounts determined to be related to such account by the Company in its discretion;
2. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
3. removing any user data or other User Content that the user has submitted, posted or displayed; and/or
4. any other corrective actions, discipline or penalties as the Company may deem necessary or appropriate in its sole discretion.
The Company does not pre-screen any content or information posted, uploaded or transmitted on the Platform by the users and the Company is under no obligation to pre-screen any such content or information. However, the Company may at its discretion and/or in accordance with applicable law may voluntarily take down any content or information posted or uploaded by you on the Platform and if the Company determines that any content or information is in violation of these Terms, the Company may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute the Company’s position as an intermediary or impose any liability on the Company with respect to content or information posted, published or transmitted by users on the Platform.
Notwithstanding anything contained herein these Terms, the Company may with or without notice and in its sole discretion be entitled to suspend, reduce visibility of the Service listings, de-activate, or de-list any Service listings or user’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behavior of the user on the Platform, performance of the User on the Platform, etc.
In the event a free/upaid user becomes inactive or if no transaction is noticed by the Company for 18 continuous months an extended period of time, in such a case the Company reserves its right to delist, deactivate or suspend a user’s account in its sole discretion, with or without giving any notice to the user.
The Company reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, the Company may disclose the user's identity and contact information, if requested by any government or law enforcement body, or an injured third party as a result of a subpoena or other legal action.
If it comes to the knowledge of the Company or the Company reasonably believes that any user has availed any Services for its personal use or consumption or for any purpose other than a commercial purpose, the Company shall have the right in its sole discretion, without intimation to the user, to take action such as but not limited to suspending or terminating the user’s account and any and all accounts determined to be relation to such account.

Use of Third Parties

We reserve the right to engage a third-party service provider(s) (including the Financial Service Providers and any third party software) to assist in providing any portion of the Services to you. It is hereby clarified that in so far as the collection of any payments are concerned, such third party shall act in a fiduciary capacity solely for the purposes of collection of payment from you.
You acknowledge that we shall not be liable for any loss arising due to any act or forbearance of any third party including any governmental authority. You further acknowledge that the Services are being provided in reliance of the information provided by you to us and we shall not be responsible/liable for any loss arising from any inaccuracy in such information.
Loan related services provided shall be provided to you on an ‘as-is’ basis and unless agreed otherwise, we are under no obligation to inspect the correctness, or completeness of any services provided by any third party service provider.

Payment of fees

To the extent allowed by applicable law and subject to the Privacy Policy, you acknowledge and agree that the Company may use specific third-party service providers and you may incur fees for services provided by them.
The Company shall have sole discretion to charge fees on Services provided by it through the Platform in accordance with its internal policies. Prior to completing each transaction, you will be notified of any fees that may apply.
The Company will not be responsible for any fraudulent use of the services, and any payment made in such regard shall be forfeited by you to the extent permissible by law.

Transactions between User and Service Provider

With respect to the payment and loan related Services offered on the Platform, the Company is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available such services on the Platform.
When the Company enables the user to make payment, request for loan and/or for repayment of loan, such Services provided will be governed by the contractual arrangement entered into directly between the user and the Financial Service Provider. User agrees that the Company cannot and does not confirm any third-party Financial Service Provider’s purported identity. The Company encourages the user to exercise discretion and caution while dealing with such third-party Financial Service Provider.
The Company does not control and is not liable to or responsible for the safety, lawfulness or availability of services offered by the Financial Service Providers on the Platform, or the ability of the third party Financial Service Providers or the ability to complete a payment to the supplier or repayment of loan from the Financial Service Providers.
Each user acknowledges that it is fully assuming the risks of conducting any transactions (hereinafter referred to as “Transaction Risk”) in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform. Each user acknowledges and undertakes that it is transacting on the Platform at its own risk and is using its best and prudent judgment before entering into any transactions through the Platform.
In the event that any User has a dispute with any party to a transaction such user agrees to release and indemnify the Company (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by accessing any link from the Company site to avail of any independent services related to any transaction conducted on the Platform from any third party.
We do not make any representations pertaining to the information, content, products included on or made available to the user by way of the Platform and the user acknowledges that we are only connecting the user to the Financial Service Providers, and not providing any financial or loan related services directly. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the services provided by the Financial Service Providers, including any approval or declining of payments by the Financial Service Providers or in relation to any issue and/or dispute thereof. The user hereby further agrees, acknowledges and confirms that under the aforesaid circumstances the only recourse will be against the Financial Service Providers and we will not be made a party to any such issue and/or dispute.
The user shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to borrow, make payments to the supplier who issued the purchase invoices, repay any loans availed from the Financial Service Providers, and such use does not violate any applicable laws or existing contractual agreement or third party rights.

Feedback

As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving feedback for other users or potential users of the Platform. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another user, the Company, in its sole discretion, may take any of the following actions: (i) delete your feedback or any of your postings; (ii) limit your Account privileges; (iii) suspend your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform.
Reporting inappropriate use of feedback: You may contact the Company regarding any inappropriate use of feedback via-email at tapan.patel@petpooja.com.

Intellectual Property Rights

The Company is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with the Company or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by the Company are hereby reserved.
The unauthorized copying, modification, use or publication of the “Tasks by Petpooja” and any other related icons and logos marks is strictly prohibited.
The Company may, at its sole discretion, permit the user, in writing, to use “Tasks by Petpooja” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by the Company.
You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify the Company against any claim or liability arising from any content or information posted or transmitted by You on the Platform.

INDEMNIFICATION

By accepting these Terms and using the Platform and/or availing the Services, you agree that you shall defend, indemnify and hold the Company, its directors, employees, shareholders, officers and other representatives (“Indemnified Parties”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) misuse of your access to and use of the Platform, the Service and/or the Platform Content; (ii) any loss or injury to the Indemnified Parties resulting from or attributable to your acts or omissions; (iii) your violation or breach of these Terms or any applicable law or regulation; (iv) your violation of any rights of any third party; or(vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.
We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government agencies; (d) default in repayment of loan or payment to supplier; (e) any force majeure event; (f) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims between you and the Financial Service Provider or the supplier issuing purchase invoice including without limitation relating repayment of loan or payment for the services/ products availed/purchased by you.
To the maximum extent permitted by law, the Services provided by the Company on or through the Platform are provided "as is", "as available" and “with all faults”, and the Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
Under no circumstances will the Company be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to any lost profits that result from your use of this Platform and/or any Services availed, even if the Company has been advised of the possibility of such damages.

GENERAL

To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. our rights under these Terms shall survive any discontinuance of the access or use of the Platform and/or Services.
Under no circumstances shall the Company be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.
These Terms together with the service agreement/subscription/registration form (as applicable) and Privacy Policy shall constitute the entire agreement between you and the Company.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Grievance Redressal:

If there are any questions regarding this Privacy Policy, please write to our Grievance Redressal Officer.
Any complaints, or concerns with regards to content and or comment or breach of this Privacy Policy shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email. The Grievance Officer shall acknowledge the complaint within 72 (seventy-two) hours and redress the complaints within 15 (fifteen) days from the date of receipt of complaint.
Details of the Grievance Officer/Nodal Officer:

Name: : Tapan Patel
Designation: Vice-President – Revenue
Email: tapan.patel@petpooja.com

Jurisdiction: Any kind of dispute arising out of the Platform and its users will be dealt in Ahmedabad and shall be governed in accordance with Indian Law. Further, the courts of Ahmedabad shall have exclusive jurisdiction to adjudicate the same.