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Terms of Use

These terms of use (“Terms”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and use the website https://pando.ai/(“Website”) owned and operated by Quaking Aspen Inc (hereinafter referred to as “Company” or “Us” or “We” or “Our” or “Pando”).

These Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. These Terms are generated by a computer system and does not require any physical, electronic, or digital signatures.

Please read the Terms and Privacy Policy carefully before using the Website or accessing any material, information on the Website. By accessing the Website You accept these Terms and Privacy Policy and agree to be legally bound by the same.

The Company retains an unconditional right to modify or amend these Terms and will notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms periodically for changes. Your continued usage of the Website shall signify Your acceptance of the amended Terms and Your agreement to be legally bound by the same. Further, by furnishing Your Personal Information to the Company or giving Your consent to the Company to access Your Personal Information for the purpose of providing additional information on Our products and services on the Website. You also agree that You are interested in availing Our products and services through the Website in accordance with these Terms.

1. Access to the Website

1.1 You acknowledge that the Website provides You information about Our products and services and allows You to contact Us for further queries on Our products and services. The Company may, at its sole discretion, add/remove/modify any functionality of the Website from time to time.

1.2 You agree and acknowledge that the Company does not: (i) adopt any ‘unfair trade practices’ either on the Website or otherwise with respect to any of its products and services; and (ii) discriminate between Users of the same class or make any arbitrary classification of the Users.


2. Eligibility to Use

2.1 Use of and access to the Website shall be available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. You hereby represent that You are: (i) of legal age to form a binding contract i.e., above 18 (eighteen) years of age; (ii) not a person barred from receiving the Company’s products and services under the applicable laws; and (iii) competent to enter into a binding contract.

2.2 You agree and acknowledge that we shall have the sole right to change, modify, add, or remove, in whole or in part, internal policy(ies), in relation to the provision of Our products and services and Our Website at any time by providing a prior written notice or intimation to You.

3. Security

3.1 Our Website has reasonable security measures and safeguards in place to protect Your privacy and Personal Information from loss, misuse, unauthorized access, disclosure, destruction, and alteration of the information in compliance with applicable laws. We cannot however ensure or warrant the security of any information You transmit to Us or guarantee that Your Personal Information and/or other information provided to Us for using/accessing the Website, may not be accessed, disclosed, altered, or destroyed by a breach of any of Our security measures and safeguards. Please see our Privacy Policy for further information.

4. Use of Website

4.1 Subject to compliance with the Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use the Website. You agree to use the Website only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by the Company or other Users. You further warrant that You are using the Website for legitimate purposes only and shall at no time, misuse services provided by the Company for any illegitimate or illegal purpose or in contravention of any applicable laws.

4.2 You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

4.3 You acknowledge and agree that by accessing or using the Website, You may be exposed to content from others that You may consider offensive, indecent, or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Website.

 

4.4 Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
  • belongs to another person and to which the User does not have any right;
  • is defamatory, obscene, pornographic, pedophiliac, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  • is harmful to child;
  • infringes any patent, trademark, copyright, or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  • contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
  • disrupts or interferes with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites;
  • violates the Terms contained herein or elsewhere and/or the Privacy Policy; and
  • reverse engineers, modifies, copies, distributes, transmits, displays, performs, reproduces, publishes, licenses, creates derivative works from, transfers, or sells any information or software obtained from the Website.

 4.5 Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable , non-transferable access to view any Content available on the Website, subject to the following conditions: 

  • You may access the Content solely for personal or informational purposes, in accordance with the Terms;
  • You may not modify or alter the Content available on the Website;
  • You may not distribute or sell, rent, lease, license or otherwise make any Content on the Website available to others; and
  • You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Website.

5. Intellectual Property Rights

5.1 The Website and the processes and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Website is owned and controlled by the Company. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without Our prior written permission. If You would like to request permission in respect of any particular Content, You can contact Us in the manner provided for herein.

5.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or the third party that may own the Marks.

6. Disclaimer of Warranties & Liability

6.1 You expressly understand and agree that, to the maximum extent permitted by applicable law:

  • the Website and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Website will meet Your requirements or Your use of the Website will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website will be effective, accurate or reliable; and (iii) any errors or defects in the Website will be corrected. 
  • No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
  • Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user Content.
  • the Company will not be responsible for lost profits, revenues, or any form of data, financial losses, or any damages that may arise from or in relation to these Terms or due to the use of Website. You agree that Company shall not be held liable for any losses, damages, expenses, costs, liabilities and claims of whatsoever nature caused by fraudulent or unauthorized use or access of user information, and/or signatures.
  • Notwithstanding anything contrary contained in these Terms, the Company shall not, in absence of gross negligence, be liable to the User for any act, omission or for any claims which the User may suffer or incur as a result of or in course or discharge by Company or its employees, officers, directors, nominee or agent of Company's duties. Without prejudice to the above, Company shall not be held liable for any loss or damage or failure to comply or delay in complying with its obligations under these Terms which is caused directly or indirectly by any event or circumstances beyond Company's reasonable control. These include system failure, network errors, delay or loss of data due to the above and in circumstances of acts of God, government orders or advisories, floods, epidemics, pandemics, quarantine, riot, civil commotion and/or war. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
  • Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Company’s products and services or otherwise.
  • These Terms are intended for Users within the territory of India and govern Your rights as per applicable law within the territory of India. However, in the event You fall under a jurisdiction outside the purview of Indian law, We will not be liable for any claim, action and/or right initiated/exercised by You as per the extant laws of that jurisdiction. Therefore, We request You to kindly use the Website accordingly. However, we remain compliant with the applicable laws of certain other jurisdiction, further details on which may be accessed here in the Privacy Policy.
  • Company will not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of any defects or imperfections or mechanical or other failure with relation to computer, cable, telex, telephone or postal system. While Company will make every effort to have its computer systems available at all times, Company makes no guarantees with respect to the availability of such systems. Company will make every effort to resolve availability issues such as network problems, virus attacks etc. in an expeditious manner. Notwithstanding these, Company will as such shall not be liable for any loss, damage, cost, charges or expenses directly or indirectly caused by reasons of lack of such availability.

 

7. Indemnification

7.1 You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

8. Violation of the Terms

8.1 You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

9. Suspension and Termination  

If You object to the Terms or are dissatisfied with the Website, Your may stop accessing the Website. The Terms will continue to apply until terminated by either You or the Company as set forth below:

9.1 The Company may delist You or block Your future access to the Website if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or the Privacy Policy or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them.

9.2 If You or the Company terminates Your use of the Website, the Company may delete any Content or other materials relating to You and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for the purposes of tax or regulatory compliance.

9.3 You shall be liable to pay any fees or charges as may be applicable in respect of Our products or services availed by You until the date of termination by either party whatsoever.

10. Governing Law and Dispute Resolution

10.1 These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Chennai, India.

11. Report Abuse

11.1 In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report the same to the following e-mail id: sanjana@pando.ai.

12. Communications

12.1 You hereby expressly agree to receive communications by way of calls (including using pre-recorded messages or artificial voice), SMS, emails and/or WhatsApp from the Company and other third parties duly authorized by the Company. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and are true, accurate, current and complete. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address(es). You can unsubscribe or opt-out from receiving communications through calls, SMS, e-mail, and WhatsApp anytime by writing to Us at sanjana@pando.ai. In which case, the Company will only send You communications solely required for the purposes of providing You additional information about Our products and services .

13. Grievance Redressal Mechanism

13.1 Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Website, or the Content, You can contact the designated Grievance Officer of the Company, namely, Nitin Jayakrishnan, at nitin.jayakrishnan@pando.in.

13.2 By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.

14. General Provisions

14.1 Notice: All notices from the Company will be served by email to Your submitted email address or by general notification on the Website.

14.2 Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.

14.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

14.4 Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.

15. IP Infringement

15.1 If You believe the Website violates Your intellectual property, You must promptly notify Company in writing at sanjana@pando.ai. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Website. You are required to provide the following details in Your notice:

  • the intellectual property that You believe is being infringed;
  • the item that You think is infringing and include sufficient information about where the material is located on the Website;
  • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Website;
  • Your contact details, such as Your address, telephone number, and/or email;
  • a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  • Your physical or electronic signature.

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