Prathi BitCraft LLP ("Company", “Pouch”, "we", "our", or "us") which includes its holding, subsidiary and group companies, provides an online software platform (the "Pouch Platform") that enables our -
If you are located in India these Terms are entered into with Prathi BitCraft LLP.
These Terms of Service (these "Terms") include the legal terms that we require all our users (Hotels,
Resorts and Direct users) to accept as a condition of accessing our app and other websites owned
and/or operated by Prathi BitCraft LLP (the "Website(s)"), and/or accessing or using the application
programming interfaces provided on or in connection with the Pouch Platform ("API(s)"), including
any documentation, materials, code, data (such as logs as defined below), files (such as AIML and
Other Files as defined below) and other information or materials made available to you by
Company on or in connection with the APIs (collectively, "Company Content") and/or your
software applications ("Application(s)").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH
PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON
AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS
ACTIONS. Company reserves the right to make unilateral modifications to these terms and will
provide notice of these changes as described below.
BY USING OR CONTINUING TO USE THE Prathi BitCraft LLP's Pouch App OR BY CLICKING "Sign Up /
Register" YOU AGREE TO USE THE COMPANY CONTENT SOLELY IN ACCORDANCE
WITH THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A
PARTY TO THESE TERMS. THESE TERMS SUPERSEDE ANY PRIOR AGREEMENTS,
WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND
WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE
AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN. YOU
WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE
LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR
USE THE Pouch App, OTHER COMPANY CONTENT, OR THE POUCH PLATFORM ON
BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE
AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT
THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL
REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY,
OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR
USE THE APP OR OTHER COMPANY CONTENT
Accounts and Registration
Use of Pouch Content
Prohibitions
Acceptable Use Policy
Compliance
Privacy and Security
DMCA
Ownership and License
Updates
Branding and Attribution
Termination
No Warranties
Limitation of Liability
Indemnification
Other Legal Terms and Conditions
Accounts and Registration
Accounts
You need to download the app from Playstore directly or use the reference link given by our
Partnered Hotels or Resorts. Also you need to use an existing Pouch account or create a new Pouch
account in order to use the App and other Pouch Content.
You may use the Pouch Platform only if you can be in compliance with these Terms and all
applicable local, state, national, and international laws, rules and regulations.
Any use or access to the Website(s), or Pouch Platform by anyone under 18 is strictly prohibited and
in violation of these Terms.
You must be a human. Accounts registered by "bots"or other automated methods are not permitted.
You are solely responsible for the activity that occurs on your account, including, without limitation,
any Customer Data and Account Information (each as defined below) provided under or through
your account.
You may register on a Pouch account using some existing account credentials or via other
registration methods we may provide from time to time, in our sole discretion. By connecting to the
Pouch Platform with a third-party service, you give us permission to access and use your information
from that service as permitted by that service, and to store your log-in credentials for that service. It
is your responsibility to keep your password, account credentials, and accounts secure. You must
notify us immediately if any unauthorized use, or suspected unauthorized use, of your Pouch
account occurs or if any other breach of security occurs.
You may never use another user's account. Your login may only be used by one person. A single
login shared by multiple individuals is not permitted.
You acknowledge that Company / We” are not liable for any loss or damage arising from your
failure to comply with the above requirements.
Registration
You may be required to provide certain information (e.g., your contact details, description of your
product or service, your company name, your credit card details, etc., collectively, "Account
Information") as part of the registration process to access the Pouch Platform, or as part of your
continued use of the Pouch Account.
You agree that any registration information you give to Company will always be accurate and up
to date, and you agree to promptly notify Company of any changes in your Account Information.
Prohibitions
When using any Company Content and/or the Pouch Platform, unless otherwise approved in
writing by Company , the following prohibitions apply:
You will not use the APP or other Content on behalf of any third party, unless such third party has
expressly authorized you to access and use the Company Content under its account.
You will not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or
decompile (except to the limited extent expressly authorized by applicable statutory law), modify or
alter any part of the Website(s), APIs, other Company Content, or the Pouch Platform.
You will not create an Application that functions substantially the same as the Company App or
other Content and offer it for use by third parties.
You will not use the Pouch Platform in connection with any Device or Application that is targeted to
children under the age of eighteen (18).
You will not use the Pouch Platform in connection with providing any adult entertainment oriented or
otherwise pornographic services.
You will not perform an action with the intent of introducing to the Website(s), Company Content,
or Pouch Platform or the applications or products of any third party, any viruses, worms, defects,
Trojan horses, malware or any items of a destructive nature.
You will not use the Company Content or Pouch Platform, or access or control any customer
accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to
any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or
encourage any third party to do so.
You will not use the APP, other Company Content, or the Pouch Platform in any manner or for
any purpose that may violate any law or regulation, or any right of any person including, but not
limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise
may be harmful (in Company ' sole discretion) to Company, its service providers, its suppliers,
end users of the Company Platform, End Users, or any individual or entity.
You will not use the APP, other Company Content, or the Pouch Platform in connection with any
inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities
likely to cause harm to any individual or property.
You will not: (i) interfere with or disrupt the Website(s), Pouch Platform, the APP, or the servers or
networks providing the APP; (ii) tamper with the security of the any of the hardware, software or
networks used by Company to make the Website(s), Company Content, or Pouch Platform
available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security
device, mechanism, protocol or procedure established by Company ; or (iv) permit others to do
any of the foregoing.
Acceptable Use Policy
Here at Prathi BitCraft LLP, our goal is to help user and user's team do the best work of user's lives, every
day. To do this, we need to keep our products and services running smoothly, quickly, and without
distraction. For this to happen, we need help from user, our users. We need user not to misuse or
abuse our products and services.
To describe exactly what we mean by "misuse" or "abuse" - and help us identify such transgressions,
and react accordingly - we've created this Acceptable Use Policy. Under this policy, we reserve the
right to remove content that is inconsistent with the spirit of the guidelines, even if it's something that
is not forbidden by the letter of the policy. In other words, if user do something that isn't listed here
verbatim, but it looks or smells like something listed here, we may still remove it.
Here's what we won't allow:
1. Disruption
Compromising the integrity of our systems. This could include probing, scanning, or testing the
vulnerability of any system or network that hosts our services.
Tampering with, reverse-engineering, or hacking our services, circumventing any security or
authentication measures, or attempting to gain unauthorized access to the services, related
systems, networks, or data
Modifying, disabling, or compromising the integrity or performance of the services or related
systems, network or data
Deciphering any transmissions to or from the servers running the services
Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load
on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.),
such as:
Using "robots," "spiders," "offline readers," or other automated systems to sends more request
messages to our servers than a human could reasonably send in the same period of time by using a
normal browser
Going far beyond the use parameters for any given service as described in its corresponding
documentation
2. Wrongful activities
Misrepresentation of users information, or disguising the origin of any content (including by
"spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or
falsely implying any sponsorship or association with Company or any third party)
Using the Services for any illegal purpose, or in violation of any laws (including without limitation
data, privacy, and export control laws)
Accessing or searching any part of the services by any means other than our publicly supported
interfaces (for example, "scraping")
Using meta tags or any other "hidden text" including Company's or our Hotel’s / Resort’s names
or trademarks
3. Inappropriate communications
Using the services to generate or send unsolicited communications, advertising
Disparaging Company or our partners, vendors, or affiliates
Promoting or advertising products or services other than user's own without appropriate
authorization
4. Inappropriate content
Posting, uploading, sharing, submitting, or otherwise providing content that:
Infringes Company's or a third party's intellectual property or other rights, including any copyright,
trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual
property right or proprietary or contractual right
User don't have the right to submit information that
Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation,
disability, or medical condition;
Contains viruses, bots, worms, scripting exploits, or other similar materials
Is intended to be inflammatory;
Could otherwise cause damage to Company or any third party;
5. Acceptable Use
User will not (nor assist others to) violate any applicable law, contract, intellectual property, or other
third-party right, and User is solely responsible for its conduct while using our Business Services.
User must not directly, indirectly, or through automated or other means:
Use our Business Services for personal, family, or household purposes;
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Use or attempt to use another user's account without prior authorization from that user, Company
Impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation
with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;
Collect information of or about other users in any impermissible or unauthorized manner;
Use our Business Services other than for their intended purpose or interfere with, disrupt, negatively
affect, or inhibit other users;
Damage, disable, overburden, or impair our Business Services;
Send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid
schemes, or illegal or impermissible communications;
Post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent, or is in our sole judgment objectionable;
Encourage or provide instructions for a criminal offense;
Distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
Bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to
prevent or limit access to any part of our Business Services, including content-filtering techniques;
6. Restrictions
Except as otherwise permitted by Company in writing, User must not directly, indirectly, or
through automated or other means: (a) distribute, sell, resell, or rent our Business Services to third
parties; (b) distribute or make our Business Services available over a network to be used by multiple
devices at the same time, except as authorized through tools and configurations that we have
expressly provided for your use via our Business Services; and (c) copy, reproduce, distribute,
publicly perform or display, modify, or make derivative works based upon all or portions of our
Business Services. User must not directly, indirectly, or through automated or other means: (d)
remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Business
Services or do anything that may discover source code; (f) scrape or extract data from our Business
Services; (g) develop or use any applications that interact with our Business Services without our
prior written consent; and (h) create software or APIs that function substantially the same as our
Business Services and offer them for use by third parties in an unauthorized manner.
In this Acceptable Use Policy, the term "content" means: (1) any information, data, text, software,
code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, files or
other materials that user post, upload, share, submit, or otherwise provide in any manner to the
services and (2) any other materials, content, or data user provide to Company or use with the
Services.
Without affecting any other remedies available to us, Company may permanently or temporarily
terminate or suspend a user's account or access to the services without notice or liability if
Company (in its sole discretion) determines that a user has violated this Acceptable Use Policy.
Compliance
Company reserves the right to investigate any Device or Application for compliance with these
Terms. Such investigations may include Company accessing and using your Device or
Application, for example to identify stability or security issues that could affect Company or its
customers. You consent to any such investigation. Company may immediately suspend or
terminate access to the Website(s), APP, other Content, and the Pouch Platform by you or your
Device or Application without notice if we believe, in our sole discretion, that you are in violation of
these Terms or otherwise.
Privacy and Security
Customer Data. "Customer Data" means any and all information you provide to or through, or is
generated in connection with your use of, the Website(s), Company Content, or the Pouch
Platform, including, but not limited to, AIML and Other Files, Account Information, and data that
relates to any End Users or such End Users' use of your Application ("End User Data"), including,
but not limited to, Inputs from an End User sent by your Application to the Company servers for
processing. You acknowledge and agree that you are solely responsible for obtaining all required
consents from End Users in connection with any use of your Devices or Applications and the
Company Content (including the APIs), which consent shall be compliant with all applicable data
protection legislation and other privacy laws, rules, and regulations. Before collecting any End User
Data or other information from End Users, you will provide adequate notice of what End User Data
and other information you collect and how it will be used and/or shared and obtain any necessary
consents. You and your Applications will comply with all privacy laws and regulations in connection
with your access and use of the Company Content and Pouch Platform. You will provide and
adhere to a privacy policy for your Device or Application that: (i) complies with all applicable laws,
rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately
describes to End Users what data and user information you collect (such as personally identifiable
information, login information, etc.) and how you use and share such information with Company
and third parties. You understand that by using the Company Content or Pouch Platform, you
consent to the collection, use, and disclosure of any Customer Data (including personal information
and aggregate data) as set forth in our Privacy Policy available at our Website, and to have
Customer Data collected, used, transferred to and processed in the United States. You shall be
solely responsible for your Customer Data and the consequences of making it available on or
through the Pouch Platform.
Privacy. You understand that by using the Pouch Platform you consent to the collection, use and
disclosure of your personally identifiable information and Customer Data as set forth in our Privacy
Policy, and to have your personally identifiable information and Customer Data collected, used,
transferred to and processed in the
Security. We care about the integrity and security of your Customer Data and personal information.
However, we cannot guarantee that unauthorized third parties will never be able to defeat our
security measures or use your personal information for improper purposes. You acknowledge that
you are solely responsible for any personal injury or property damage arising from or relating to your
use of any Pouch Platform, or any authorized or unauthorized use of your Device or Application.
DMCA
We respect content owner rights; it is Pouch ' policy to respond to alleged infringement notices that
comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), as provided in our DMCA Policy.
Ownership and License
Your Devices, Applications, and Customer Data.
Company does not acquire ownership of your Devices, Applications, or Customer Data by your
use of the APP or Pouch Platform. You represent and warrant that you have the necessary rights to
provide all Customer Data, including without limitation, End User Data and Account Information, and
other information you make available in connection with your use of the Pouch Platform and to grant
all rights and licenses under these Terms. Without limiting the foregoing, if you are using the Pouch
Platform on behalf of your employer or any third party, you represent and warrant that your employer
or such third party has expressly authorized you to make available and use any content, data, or
information that you use or make available in connection with your use of the Pouch Platform. You
further represent and warrant that your Customer Data (including, without limitation, End User Data
and Account Information), Applications, and/or Devices, and any use thereof in connection with the
Pouch Platform will not violate the rights of any third party, including but not limited to, intellectual
property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any
applicable laws, rules, or regulations.
Customer Data Rights and License.
In connection with the operation of the Pouch Platform, Company receives, utilizes, and analyzes
Customer Data. You retain ownership of your Customer Data. However, notwithstanding anything to
the contrary, you hereby grant Company a license to: (i) use and disclose your Customer Data to
provide the Pouch Platform; (ii) use your Customer Data for Company ' internal business
purposes; (iii) disclose your Customer Data as may be required by law or legal process; and (iv)
otherwise use and disclose your Customer Data in accordance with the Company Privacy Policy
available at Website. Without limiting the foregoing, you agree that Company is expressly and
irrevocably authorized to utilize, analyze, modify, reproduce, publish, share, create derivative works
of, or otherwise exercise all rights in your Customer Data and any analytics, statistics or other data
related to or derived from your Customer Data and/or your use of the Pouch Platform for any
purpose, provided that such data is in aggregate and anonymized form ("Aggregate Data"). Subject
to the Customer Data licenses, you acknowledge and agree that Company will exclusively own
all right, title, and interest in and to all Aggregate Data and other output data generated by the Pouch
Platform. Notwithstanding anything to the contrary, if you ever have any ownership interest in any
Aggregate Data or output data, you hereby assign to Company all such right, title, and interest in
and to such Aggregate Data and output data, including all intellectual property rights therein.
Pouch Platform.
By using our Website(s), Pouch Platform, you do not acquire ownership of any rights in our
Website(s), the Pouch Platform, or any data, content or information that is transmitted or accessed ,
including without limitation, or other data provided by Company or other Company users.
Except for your Customer Data, as between you and Company , the Pouch Platform, and all
data, content, and information that is contained in or transmitted or accessed through our Pouch
Platform, including, without limitation, software, Libraries, AIML code, machine learning models,
images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, and data belonging to other users, and all intellectual property
rights related thereto, are the exclusive property of Company and its licensors.
Feedback.
If we receive any feedback, suggestions, ideas, reports, or other information relating to any
Company products or services, we may use such information without obligation to you.
Restrictions; Retained Rights.
The Website(s), Pouch Platform are protected by United States intellectual property laws, including
without limitation copyright laws, and international treaty provisions. You will not remove or alter any
proprietary notices or marks on any Pouch Platform. You will not reverse engineer or attempt to
extract the source code from the Pouch Platform, or any related software, except to the extent that
this restriction is expressly prohibited by applicable law. Pouch Platform is licensed and not sold.
Company reserves all rights not expressly granted in these Terms.
Updates
We reserve the right to modify or update the Website(s), Pouch Platform at any time, for any reason,
and without notice to you. If Company makes updates, revisions, breaking changes or in any way
modifies the Pouch Platform, you agree that you are solely responsible for updating the app to
ensure continued service. We are constantly changing and improving our platform. We may add or
remove functionalities or features at our discretion, for any reason, and we do not guarantee that
your Device or Application will function with any future or modified versions of any Pouch Platform.
Branding and Attribution
PRATHI BITCRAFT LLP Brand.
Except where expressly stated, these Terms do not grant either party any right, title or interest in or
to the other party's trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features (collectively, "Marks").
Attribution.
You agree to display any attribution(s) required by Company as described in any documentation
for the Pouch Platform or other Products / Services. Company grants to you a limited, freely
revocable, nontransferable, non-sub licensable, nonexclusive license during the term of your
subscription to display Company ' Marks solely for the purpose of promoting or advertising your
use of the Pouch Platform . You must only use the Company Marks in accordance with these
Terms. You understand and agree that Company has the sole discretion to determine whether
your attribution(s) and use of Company Marks is in accordance with the above requirements and
any applicable guidelines.
Publicity
You will not make any statement regarding your use of Pouch Platform that suggests partnership
with, sponsorship by or endorsement by Company without Company prior written approval.
Promotional and Marketing Use.
In the course of promoting, marketing, or demonstrating the APIs you are using, Company may
produce and distribute incidental depictions, including screenshots or other content from your
Application or Device, and may use your company or product name and logos. You hereby grant
Company all necessary rights for these purposes.
Termination
Termination
You may change Your Plan or stop using our Pouch Platform at any time. If you want to terminate
your account and these Terms, you must email us at legal@pouch.club
and inform us of your
intention to cancel your account ("Termination Notice") atleast 30days in advance.
Company has the right to immediately terminate these Terms or discontinue your use of the
Website(s), Pouch Platform, or any portion or feature thereof for any reason and at any time without
liability or other obligation to you. Upon any termination or expiration of these Terms or
discontinuation of your access to any Pouch Platform, you must immediately cease all use of the
Pouch Platform, and Company Marks and delete all copies thereof.
Surviving Provisions.
When these Terms come to an end, those terms that by their nature are intended to continue
indefinitely will continue to apply, including but not limited to: Sections 3 – 8, 10, and 11, 12- 14
No Warranties
THE COMPANY'S PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
USE OF THE COMPANY'S PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE COMPANY'S PLATFORM ARE PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH THE COMPANY'S PLATFORM
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE
FOREGOING, COMPANY'S , ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO
NOT WARRANT THAT THE COMPANY'S CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THE POUCH PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE POUCH
PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED
OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE POUCH
PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POUCH PLATFORM
IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA
THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE POUCH PLATFORM.
YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA AND YOUR FILES, AND
MUST NOT RELY ON US TO STORE, BACKUP, OR MAKE AVAILABLE TO YOU YOUR DATA OR
YOUR FILES, INCLUDING BUT NOT LIMITED TO BOTLOGS, AIML AND OTHER FILES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW
EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT
RESULT FROM THE USE OF, OR INABILITY TO USE, THE POUCH PLATFORM. UNDER NO
CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR
INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR
USE OF THE POUCH PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED
THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
THE COMPANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE POUCH
PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE POUCH PLATFORM;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO
OR THROUGH THE POUCH PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR
OMISSIONS IN ANY POUCH PLATFORM CONTENT OR FOR ANY LOSS OR DAMAGE
INCURRED AS A RESULT OF THE USE OF ANY POUCH PLATFORM CONTENT OR OTHER
CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE
POUCH PLATFORM; AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY , ITS
AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO
YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR
COSTS IN AN AMOUNT EXCEEDING LOWER OF THE AMOUNT YOU PAID TO COMPANY
HEREUNDER IN THE THREE (3) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION
AROSE OR USD 100.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS,
EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY
TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
In using the Pouch Platform, you must ensure that your Devices and Applications do not present
risks of personal injury or death, property damage, or other losses. You must implement all
reasonable security measures to ensure that no third party may gain unauthorized access to the
Pouch Platform. If you choose to use the Pouch Platform in any way, you assume all risk that your
use of the Pouch Platform causes any damage, harm, injury, or loss, including without limitation to
any End Users or other individuals or property. You agree that you are solely responsible for any
damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any
Pouch Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.
Indemnification
You agree to defend, indemnify and hold harmless COMPANY and its subsidiaries, agents,
licensors, managers, and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to: (i)
your use of and access to the Pouch Platform, including any data or content transmitted or received
by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation
your breach of any of the representations and warranties above; (iii) any violation of any third-party
right, including without limitation any right of privacy or intellectual property rights, by you, your
Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law,
rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any
personal injury or property damage arising from or relating to your use of the Pouch Platform or any
authorized or unauthorized use of your Device or Application; or (vii) any other party's access and
use of the Pouch Platform with your unique username, password or other appropriate security code.
Other Legal Terms and Conditions
Independent Development.
These Terms do not impair COMPANY right to develop, manufacture, purchase, use or market,
directly or indirectly, alone or with others, products or services competitive with those offered by you.
Confidential Information.
Our communications to you may contain COMPANY confidential information. If you receive any
materials or communications that are clearly confidential or marked confidential, then you will not
disclose the COMPANY confidential information to any third party without COMPANY'S prior
written consent.
Notifications and Modification.
COMPANY may provide notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to you via email notice, written or hard copy notice, or
through posting of such notice on our website, as determined by COMPANY in our sole discretion.
Company reserves the right to determine the form and means of providing notifications to our
users. Company is not responsible for any automatic filtering you or your network provider may
apply to email notifications we send to the email address you provide us. Company may, in its
sole discretion, modify or update these Terms from time to time, and so you should review this page
periodically. When we change these Terms in a material manner, we will update the ‘last modified'
date at the top of this page. Your continued use of the Pouch Platform after any such change
constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms
or any future Terms of Service, do not use or access (or continue to access) the Pouch Platform.
HIPPA Compliance.
You understand and agree that the Pouch Platform is not HIPPA compliant and such compliance is
not expected to be included within the Services unless otherwise agreed in writing.
Governing Law.
These Terms shall be governed by the internal substantive laws of the State of California, without
respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a
transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to
the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the
Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the
personal jurisdiction of the federal and state courts located in USA, California for any actions for
which we retain the right to seek injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our
copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as
set forth in the Arbitration provision below, including any provisional relief required to prevent
irreparable harm. You agree that USA, California is the proper forum for any appeals of an arbitration
award or for trial court proceedings in the event that the arbitration provision below is found to be
unenforceable.
Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE
THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
COMPANY. For any dispute with Company, you agree to first contact us at
legal@pouch.club and attempt to
resolve the dispute with us informally. In the unlikely event that
Company has not been able to resolve a dispute after sixty (60) days, we each agree to resolve
any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as
provided below) arising out of or in connection with or relating to these Terms, or the breach or
alleged breach thereof (collectively, "Claims"), shall be referred to a sole Arbitrator as appointed by
Company in accordance with Arbitration and Conciliation Act, 1996 or any statutory modifications
or re-enactment thereof for the time being in force. The language of the arbitration shall be English.
The venue of such arbitration shall be at Bareilly and the award of the Arbitrator shall be binding on
both the parties. If you are using the Pouch Platform for commercial purposes, each party will be
responsible for paying any Arbitration filing, administrative and arbitrator fees in accordance with
rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using
the Pouch Platform for non-commercial purposes: (i) Pouch may require you to pay a fee for the
initiation of your case, unless you apply for and successfully obtain a fee waiver from Company;
(ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable
attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a
small claims court of competent jurisdiction without first engaging in arbitration, but this does not
absolve you of your commitment to engage in the informal dispute resolution process. Any judgment
on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other
equitable relief from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, or violation of our data security, intellectual property rights or other proprietary
rights.
Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE
OBTAINED OR USED THE POUCH PLATFORM FOR PERSONAL, COMMERCIAL OR OTHER
PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE
ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE
PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S
CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND.
General Legal Terms.
These Terms control the relationship between COMPANY and you. They do not create any third
party beneficiary rights. If the Pouch Platform is licensed to the United States government or any
agency thereof, then the Pouch Platform will be deemed to be "commercial computer software" and
"commercial computer software documentation," respectively, pursuant to DFARS Section 227.7202
and FAR Section 12.212, as applicable.
Any use, reproduction, release, performance, display or disclosure of the Pouch Platform and any
accompanying documentation by the U.S. Government will be governed solely by the terms and
conditions of these Terms and is prohibited except to the extent expressly permitted by the terms
and conditions of these Terms. The Pouch Platform originates in the United States, and are subject
to United States export laws and regulations. The Pouch Platform may not be exported or
re-exported to certain countries or those persons or entities prohibited from receiving exports from
the United States. In addition, the Pouch Platform may be subject to the import and export laws of
other countries. You agree to comply with all United States and foreign laws related to use of the
Pouch Platform.
No waiver of any term of these Terms shall constitute a further or continuing waiver of such term or
any other term, and COMPANY failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by COMPANY without restriction. Any attempted transfer or assignment
in violation hereof shall be null and void.
These Terms, together with any amendments and any additional agreements you may enter into with
Company in connection with the Pouch Platform, shall constitute the entire agreement between
you and Company concerning the Pouch Platform.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect, except that in the event of unenforceability of the universal Class
Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Contact
Please contact us at legal@pouch.club with any
questions regarding these Terms.
Last Revision Date
This Policy was last published on 1-Aug-22
DMCA- Digital Millennium Copyright Act
If you believe that your copyrighted work has been copied in a way that constitutes copyright
infringement and is accessible via the Website, the Pouch Platform, please notify Company
copyright legal as set forth in the DMCA. For your complaint to be valid under the DMCA, you must
provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Pouch
Platform;
Information reasonably sufficient to permit Company to contact you, such as your address,
telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are
the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA legal:
Attn: Vineet Singhal
Subject: DMCA Notice
Email: legal@pouch.club
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Company and its affiliates that your
copyrighted material has been infringed. The preceding requirements are intended to comply with
Company's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not
constitute legal advice. It may be advisable to contact an attorney regarding your rights and
obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of
terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
Company may also at its sole discretion limit access to the Pouch Platform and/or terminate the
accounts of any users who infringe any intellectual property rights of others, whether or not there is
any repeat infringement.
