Terms of Use

Terms of Use

This document sets forth the terms and conditions that apply to the access and use of the websitehttps://www.pakado.live and Android and iOS mobile application ‘Pakado’ (hereinafter collectively referred to as the “Platform”) and the Services rendered thereof. The Platform is owned and operated by Ballphin Technologies Private Limited (hereinafter referred to as the “Company”), a company incorporated under the Companies Act, 2013.

Users are requested to carefully read this Agreement prior to accessing, browsing or using the Platform. Accessing, browsing or using the Platform by the Users, shall be deemed to constitute their acceptance of this Agreement and an undertaking to be bound by its provisions.

1. BINDING AGREEMENT

This document (hereinafter referred to as the “Terms of Use”or the “Agreement”) is an “Electronic Recordin accordance with the provisions of the Information Technology Act, 2000 and does not require any digital or electronic signature. This document constitutes a legally binding agreement between the User and the Company establishing the rights and obligations pertaining to the use of the Platform and availing the various services, features, content, and offerings available on it.

2. DEFINITIONS AND INTERPRETATION

2.1. Definition

a) “Account” shall mean the user account created by the Users on the Platform to avail services.

b) “Applicable Laws” shall mean any statute, law, rules regulation, ordinance, notification, order, decree, judgment, rule of common law, government approvals, bye-laws or other governmental restrictions or any administrative order or notice in effect as of the date of this Agreement or anytime thereafter;

c) “Balance” shall mean the amount available in User’s Account (including Deposits and Winnings)

d) “Deposits” shall mean the coins added by User to his/her Account by making payment on the Platform through the payment modes available on the website. (1 Coin = 1 INR)

e) “Entry Charges” shall mean the fee payable to enter into any Tournament as displayed on the Platform from time to time.

f) “Services” shall mean services available on the Platform from time to time as stipulated herein.

g) “Tournament” or “Slot” shall mean time-based events to play game/games available on the Platform.

h) “Wallet” shall mean closed wallet attached to each User’s Account that holds the Coins added by the User to participate in Tournament on the Platform.

i) “Winnings” shall mean awards given to Users in form of cash or coins on winning any Tournament on the Platform.

2.2. Interpretation

Unless otherwise, the context requires in this Agreement:

a) The terms “you” and “user” shall mean any natural or legal person who browses through the Platform or avail services through the website.

b) The terms “we”, “us” and “our” shall mean the Company.

c) The “User” and the “Company” shall individually be referred to as the “Party” and collectively as the “Parties”.

d) Words denoting any gender shall be deemed to include those of the other gender.

e) Words using the singular or plural number also include the plural and singular, respectively.

f) The terms hereof, hereby, hereto, and derivative or similar words refer to this entire Agreement or specified clauses of the Agreement as the case may be.

g) The term clause or Schedule refers to the specified clause or Schedule of this Agreement.

h) Heading or bold typeface is used only for the purpose of convenience and shall be ignored for the purpose of interpretation.

i) Reference to the word include shall be construed as without limitation.

j) Reference to any legislation or applicable law or to any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.

k) The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.

3. ELIGIBILITY

3.1. Individuals residing in state of Assam, Odisha, Nagaland, Telangana and Sikkim (Restricted States) and the individual below the 18 years are prohibited from accessing or using the Platform in any manner whatsoever.

3.2. Users shall be legally competent to enter into a contract in accordance with the applicable laws, and shall possess the absolute authority and competence to subscribe to and be bound by the terms, conditions, and obligations laid down in this Agreement.

3.3. Only those Users who have successfully registered on the Platform as required under this Agreement, and who adhere with the Agreement including these Terms of Use for use of the Platform and the services rendered thereof, shall be eligible to use the Platform

4. REGISTRATION AND ACCOUNT

4.1. To avail services on the Platform, the Users shall register and create an account with the Platform that would require Personal Information of the Users.

4.2. The Company, in order to verify your identity and avoid cases of fraud, theft identity, etc, may verify your personal data by communicating with you and requiring you to provide one-time password (OTP).

4.3. In consideration of the use of the Platform by registering with us, you hereby represent that you are of legal age to form a binding contract and are not prohibited from receiving the Services under the laws of India.

4.4. The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company.

4.5. The Users shall provide true, accurate, current and complete information while registering on the Platform and undertake to update/inform the Company of any change in the information from time to time as it has a direct bearing on the provision of Services provided by or through the Company. You hereby undertake that by registering on the Platform, you are not misrepresenting any information, or your identity and you shall not make any attempt to make any unlawful access to the Platform in order to use the Services thereof.

5. PRIVACY POLICY

5.1. The usage of the Platform and availing the various services, and features on offer shall require Users to submit and provide us with their information which the Company shall collect, store and process for the purpose of providing such services and features to the Users. The Company respects the privacy and confidentiality of the information of its Users; thereby the collection, storage, and processing of their information are governed by the Privacy Policy https://www.pakado.live/privacy.phpinstituted by the Company. Users are requested to carefully read the Privacy Policy of the Company and the access and usage of the Platform by the Users implies that they have read and understood the Privacy Policy and agreed to be bound by its provisions.

5.2. Maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company. The Company shall not be responsible for any disclosure of such information by you to the third-party.

6. THE PLATFORM AND SERVICES RENDERED

6.1. Deposits

a) Each Tournament requires a certain number of Coins (Entry Charges) as displayed on the Platform from time to time for participation. To enter into a tournament, the User has to pay the Coins from his/her wallet.

b) The Coins can be purchased by paying the requisite amount through the available payment method.

6.2. Tournament

a) The Platform is an online gaming platform wherein Users can participate in Tournaments available on the platform for playing game/games available on the Platform.

b) Once the Coins are paid, the User enters into the Tournament with specified number of attempts (lives) shown in the tournament, wherein the Users are required to pick the winning number, which is a pre-determined and same for all Users and is displayed on the Platform out of the various numbers scrolling in series to win the Prize. With each wrong attempt, the User loses one life. If all the available attempts/lives have been exhausted by the User, they will have to pay the Entry Charges to continue their participation in the Tournament.

c) Each Tournament can have multiple winners, the limit of which shall be set by the Company and will be displayed on the Platform. For E.g. if a Tournament can have maximum of 5 winners, then the Platform will show the same in the denominator in the trophy icon on the Platform. As and when Users win the numerator keeps increasing until the all the Tournament has all 5 winners or the tournament time gets over, whichever is earlier.

d) Each Tournament is locked down three minutes before the end time of the Tournament, meaning thereby, that no User can enter into any Tournament which is about to end in three minutes or where the tournament has reached the maximum number of winners.

e) The Tournament ends when tournament time is complete or if it reaches the maximum number of winners, whichever is earlier. The chances of your winning will depend upon the multiple factors including, without limitation, the number of participants playing the tournament, your internet connectivity, skills required for the tournament, etc. The Company assumes no liability whatsoever with respect to the results of the any Tournament.

f) Any configuration changes such as adjusting the number of maximum winners, number of users allowed to join in a Tournament, number of scrolling numerals, their scrolling speed and duration in any tournament are controlled by the company upon user flow and statistical analysis. Any such changes will affect only the tournaments that will start after the configuration changes and not any live tournaments.

6.3. Winnings

a) Awards for all Tournaments are pre-declared at the time of entering into the Tournament/at the time of locked-down of the Tournament. Awards may be in the form of Coins, cash or promotional gifts.

b) Subject to KYC verification, users will be eligible to withdraw cash winning from their Account.

c) The Company does not issue any receipt for payments made on the Platform for Participation in Tournaments. All the transactions are accounted for within your Account on the Platform.

d) The terms and conditions with respect to withdrawal from the Platform are delineated under our Withdrawal Policy https://www.pakado.live/withdrawal.php

6.4. Know Your Customer (KYC)

a) In pursuance to the anti-money laundering laws, the Company hereby follows strict customers due to diligence measures; thereby seeks mandatory information required for KYC compliance for the Users who wish to withdraw the Winnings earned by participating in Tournaments on the Platform.

b) KYC verification is mandatory as a proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, Driving License, PAN Card, Voter Card, Driving License, etc.); and (ii) other User Details.

c) As a customer/client of the Company, the Users are obliged to provide, in order to use the Services available on the Platform in any manner, all such information including the Personal Information in accordance with the RBI Guidelines and any other laws so applicable to the satisfaction of the company.

d) You hereby agree and acknowledge that the Company can take all required due diligence measures (including documentation), to satisfy itself relating to KYC compliance in line with the requirements under the applicable laws as amended from time to time.

6.5. Refund and Cancellation

The terms and conditions with respect to refund and cancellation are delineated under our Refund and Cancellation Policy https://www.pakado.live/refund.php

6.6. Game of skills and Responsible Gaming

a) The Tournaments hosted by the Company on the Platform are Games of Skill and participation in the tournaments enhance following skillsets

i) Hand-Eye Co-ordination

ii) Reflexes

iii) Memorization

iv) Patience

v) Attention/Concentration

vi) Decision Making

vii) Statistical Analysis

viii) Competitiveness

b) User acknowledges and agrees that the Tournaments available on the Platform is for a game where success depends predominantly upon superior knowledge, training, attention, experience and adroitness of the User.

c) Users acknowledge and agree that ‘Game of Skills’ are excluded from the ambit of the Public Gambling Act, 1867 and other state legislations except in the Restricted States. Therefore, the individuals residing in the Restricted States shall not participate in the Tournaments offered on the Platform. Any participation by individuals residing in the Restricted States shall at their absolute discretion and risk and the Company shall not be liable for any injury or damages that may occur on account of their participation.

d) We reserve the right to monitor all the activities from User Accounts on the Platform and report and cooperate with law enforcement agencies of the relevant states in case we come across any suspicious activity or any participation in tournament contradictory to this Agreement or any other applicable laws.

e) We do not offer or endorse participation in ‘game of chance’ for money in any manner whatsoever. Users are required to understand the rules and regulations of the game applicable to each Tournament. We shall not be held liable if the User does not adhere to the rules and regulations and engage in any kind of prohibited activities.

f) The Platform aims to be productive to its users by developing their aforementioned skills, however, you are advised to adopt a balanced approach and your best and prudent judgment while accessing, using or entering into any transactions on the Platform to safeguard yourself against any adverse effect.

g) The platform may contain flashlights, stimulations, figures, images, and patterns that may cause side effects. You are advised to take standard health and safety precaution while using the Platform including, without limitation, keeping the screen of your phone/computer at a reasonable distance, use the platform in a well-lit environment, taking adequate breaks while playing and avoid using the Platform while intoxicated and avoid using the Platform for long hours as it may negatively impact your health and may not reward the skills in an effective manner.

h) If your fingers, eyes, hands, wrists, back or other parts of your body become tired or sore while playing Tournaments, or if you feel symptoms such as numbness, burning or stiffness in eyes, back-pain or any other medical issues, we urge you to take a break and rest before participating in Tournaments again. If you continue to have any of these above symptoms, we recommend you to consult a doctor.

i) You are responsible with respect to your surroundings and movements at all times while using the Platform. You are advised to ensure that you do not injure yourself or any other person or property while using the platform. You should ensure that you are not bear stairs, balcony, windows or other objects and equipment that may endanger you or could be damaged while using the Platform.

j) You agree that your use of the Platform is at your own risk and the Company, in no way, is liable to you for any health, personal injury, medical, life or other insurances, compensation or damages.

7. LIMITED LICENSE AND PROHIBITED CONDUCT

7.1. The Company hereby grants to the Users, a limited license to access and make personal use of the Platform and not modify it, or any portion of it, or any content, information or data available on it except the Personal and Non-personal Information that belongs to the User.

7.2. The use of this Platform shall be subject to all the Applicable Law in force.

7.3. This Platform or any portion of this Platform shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express consent of the Company in writing.

7.4. By accepting these Terms of Use, the Users hereby consents to not indulge themselves in any of the prohibited activities as provided herein.

7.5. The User is hereby prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any of the following information and indulging in any of the following activities:

a) Impersonates any person or entity or false claim or otherwise misrepresents your association or affiliation with any person or entity;

b) Access, use, or availing services through the account that belongs to others without their authorization;

c) Infringe the Intellectual Property Rights of the Company or any third-party, whether individual or entity;

d) Use of the Services or the Platform in any manner that could damage the Company, the Platform or its reputation;

e) Damage, circumvent, disable or otherwise interfere with the security-related features of the Platform or use software viruses or any other computer code, files or programs designed to interrupt, destroy, limit or impair the functionality of the Platform;

f) Disassemble, decompile, decipher or otherwise attempt to discover the source code, by way of reverse engineering or by any other method, of the Platform or any part thereof;

g) Use of data mining, robots, crawlers or similar data gathering and extraction tools and technologies in any manner or for any purpose whatsoever

h) Intentional interference with the Platform to damage, restrict, delay or inhibit operation of the Platform or any part thereof by any means, including without limitation, uploading or otherwise disseminating viruses, spyware or other malicious files that consists of contaminating or destructive feature;

i) Post, communicate or otherwise transmit any messages or content which is defamatory, blasphemous, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, harms, minors, hateful, or racially, ethnically, objectionable, disparaging, threatening, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or which discloses private or personal matters concerning the Company or any third-party;

j) Use of services if the User is under the age of 18 years;

k) Use of the Platform or Services to indulge in or conduct any activity or solicit the performance of any illegal activity or other activities which infringes the rights of others;

l) Providing false, inaccurate or misleading information;

m) Use of the Platform to collect or obtain Personal including financial information or Non-personal Information of any other users except with written approval by the Company;

n) Downloading, copying, using, aggregating, reproducing, publishing, modifying, distributing, deleting any data information, data or content without prior consent from the Company or the Users, as the case may be.

7.6. Any unauthorized or commission of any of the prohibited activities as aforesaid shall entitle the Company to terminate the permission or license granted to the Users by the Company as stipulated herein.

8. COMMUNICATION

8.1. By continuous usage of the Platform, the User consents to receive communications from the Company using various channels of communication including, but not limited to, SMS, calls, emails, etc. regarding the usage of the Platform and the solicitation and promotion of its Services, features, and offerings, verification of the User availing services.

8.2. If you wish to not receive such communications you may write to us at support@pakadoapp.com.

9. CONTENT, INTELLECTUAL PROPERTY, AND PROPRIETARY RIGHTS

9.1. Apart from any content or information provided by a User or any third-party, the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.

9.2. Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of the Company as aforesaid in any manner whatsoever without the express consent of the Company or use the same for any commercial purposes.

9.3. The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.

10. OBLIGATIONS

10.1. The Users shall provide accurate, complete and up to date information at the time of registration and creating an account on the Platform and shall ensure that they possess the rights, titles, and interests in the data, information, and content they submit on the Platform.

10.2. The Users agree and acknowledge that the Company shall in its discretion be entitled to verify the information provided by the Users and the Users shall cooperate with and provide adequate proof of the same to the Company as and when requested by it.

10.3. The account of the Users and their username and passwords shall solely and exclusively be for their personal use and the Users shall at all times ensure the confidentiality of their username, password, and identification and shall be solely responsible for all activities on his/her account. The Users shall forthwith notify the Company in the event of any unauthorized activity pertaining to their account.

10.4. The Users shall maintain abide by all laws, rules, regulations, guidelines, ordinances, and orders in force at all times during the term of this Agreement.

10.5. The Users shall maintain the minimum balance required by their respective banks to avail Services and make payments through the Platform. The Company assumes no liability in respect of violation of any of the obligations imposed by the Issuing Bank on the User.

10.6. Users are solely responsible for monitoring their wallet whether the deposits, withdrawals, winnings, and all other types of transactional amounts are reflected properly or contact the support team timely if there are any discrepancies.

11. REPRESENTATION AND WARRANTIES

11.1. The Users represent and warrant that they are legally competent and have the complete right and authority to enter into this Agreement in accordance with applicable laws and the execution, delivery, and performance of this Agreement by such User shall not constitute a violation of any laws, breach of any agreement or require the permission of any third party or governmental authority.

11.2. The Users represent and warrant that all the information, data, and content provided by such Users on the Platform is true, accurate and up to date and undertake to provide any other information that may be required by the Company for the purposes stipulated herein. The Users undertake that in the event the Company requires any proof, whether documentary or otherwise of the information and data provided by such Users on the Platform they shall forthwith provide the same to the Company

11.3. The Users represent and warrant that they possess the rights, titles, and interest in any and all the information and content provided by such Users on the Platform and the posting or submission of such information and content shall not constitute the violation or infringement of the rights of any other person or entity.

11.4. The Users represents and warrants that the Company reserve the right to deactivate or delete your Account and all related information, forfeit your Balances and take appropriate actions within the ambit of applicable laws, at our sole discretion, in the event of breach of this Agreement or any suspicious, fraudulent or illegal activities from your Account on the Platform

12. THIRD-PARTY LINKS AND SERVICES

12.1. The Platform may contain links to third-party Apps or websites and the same shall not constitute, in any manner whatsoever the Company’s endorsement, sponsorship, or recommendation of such third-party APPs/websites or their products, services, content, and offerings. The Company is not responsible for examining or evaluating any third-party APPs/websites and does not make any representation or warranty for their products, services, content, and offerings or their terms of use and privacy practices. In the event, a User accesses such APPs/websites he/she shall do so at his/her own risk and expense and apprise himself/herself of their terms and conditions and privacy practices.

12.2. We use third-party service provider to facilitate payment and withdrawal procedure on the Platform including user verification. By using our Platform, you agree to use of such third-party services by us.

13. DISCLAIMER

13.1. The Platform and the services, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.

13.2. The Company provides no warranty that:

a) The Services will be uninterrupted and free from any bugs or errors;

b) The Services will meet your requirement;

c) Accuracy or reliability of the results that may be obtained from the use of Services;

d) The quality of Services, information, or other material obtained by you from or through the Platform will meet your expectation;

e) The Platform will be compatible with your device;

f) The accuracy of data provided on the platform

13.3. The Company, its officers, directors, employees, affiliates or agents shall not be liable, whether in contract or in tort in any manner whatsoever for:

a) any interruptions in the services;

b) delay in access or interruptions on the Platform;

c) loss, theft, non-delivery, destruction, corruption, of data;

d) any loss or damage incurred as a result of your access or usage of the Platform;

e) the occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform;

f) inaccuracies or omission in the content;

g) any other event beyond the control of the Company.

13.4. The Platform does not charge any registration or browsing fee; however, User is required to pay to avail services as stipulated under this Agreement. The Company reserves the absolute right and discretion to modify, amend or update the fee policy from time to time, with or without notice to the Users, which shall become effective immediately after posting the same on the Platform and shall form a part of the Terms of Use. Your continued use of the Platform shall be deemed as an acceptance of the amended or modified Terms of Use.

13.5. In order to render Services, the Company may be required to enter into arrangement or agreements with third-party payment gateways, facilitators or processors for collection, refund, remittance or payment made by you on the Platform. The Company hereby disclaims all warranty in respect of any of the Services brought to you by the third-party service providers.

13.6. The Company shall assume no liability whatsoever in respect of any loss or damage arising directly or indirectly to you or any third-party due to:

a) Lack of authorization for any transaction;

b) Illegitimacy of the payment method (including debit/credit cards fraud) being used by you;

c) Lack of authorization for any transaction made using the Platform;

d) The decline of transactions by Issuing Bank for any other reason whatsoever.

13.7. The use of the Platform and any resultant connection, exchange, communications or transaction does not constitute an offer, advice, counselling, recommendation on part of the Company and any loss, liability, expenses, damages, judgments incurred by any User as a result of entering into a transaction by using the Platform shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.

14. LIMITATION OF LIABILITY

14.1. Except as otherwise provided under applicable laws, the Company shall not be liable for any damages whatsoever arising out of or related to the use of this Platform or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages the Users or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if notified in advance of the potential for any such damages

14.2. Notwithstanding anything to the contrary contained herein, if the Company is held liable for proven and actual loss or damage arise out of your use of the Services through the Platform, any liability of the Company towards you for any reason or cause whatsoever shall be limited to the transaction amount paid by such User for availing the services available on the Platform during the tenure of membership.

15. INDEMNITY

15.1. Users shall indemnify and hold harmless the Company and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s

a) breach or violation of the provisions stipulated in these Terms and Conditions

b) breach of any representation or warranty

c) use of the Platform and its content

d) availing the services, features, and offerings available on the Platform

e) violation of the intellectual property or proprietary right of the Company or any third-party

f) violation of the privacy, confidentiality, information or any other right of the Company or any third-party

g) violation of any applicable laws

h) any act, omission, fraud, misrepresentation on part of the User.

15.2. The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under applicable laws and the indemnity rights shall survive the termination of this Agreement and Users usage of the Platform.

16. TERM, TERMINATION, AND VIOLATION

16.1. This Agreement shall be valid and continue to be operative as long as the Users continue to use the Platform.

16.2. The Users are entitled to terminate this Agreement anytime by discontinuing their usage of the Platform and communicate the same in writing to the Company.

16.3. The Company shall be entitled to terminate the usage, access, or membership of a User at any with immediate effect and with or without cause wherein the term cause shall mean the breach of any of the terms and conditions stipulated in this Agreement or violation of applicable laws by a User.

16.4. The rights, liabilities or obligations under this Agreement that may have accrued to the Company prior to the termination or expiration of this Agreement shall not be affected by such termination or expiration and the Company shall be entitled to enforce such rights, liabilities or obligations against the Users regardless of the same

17. FORCE MAJURE

The Company shall not be under any liability for failure to perform any of its rights and obligations under this Agreement, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, state enemies, or any other reasons or circumstances beyond our control.

18. AMENDMENT AND WAIVER

18.1. The Company reserves the right to make such changes, amendments, modifications, to this Agreement as it may deem necessary in its discretion from time to time and the decision of the Company shall be final and binding regarding the same. The amended Agreement shall be effective and legally binding from the date it is posted and uploaded on the Platform and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review the Agreement from time to time so as to keep themselves apprised of all such changes and modifications.

18.2. No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.

19. RELATIONSHIP

The Parties have not created a partnership and nothing contained in this Agreement shall, in any manner whatsoever, constitute any party the partner, agent or legal representative of the other Party, nor create any fiduciary relationship between them for any purpose whatsoever except as may be, from time to time, agreed upon between the Parties in writing or as otherwise expressly provided herein. Neither Party shall have any authority to act for or to assume any obligation or responsibility of the other.

20. ASSIGNMENT

This Agreement and the rights and obligations stipulated herein are personal in nature to the Users and they shall not be entitled to assign, transfer or subcontract any of their rights and obligations under this Agreement to any other individual or entity except with the prior written consent of the Company. However, nothing contained herein shall preclude the Company from assigning or transferring any of its rights and obligations under this Agreement in its discretion.

21. SEVERABILITY

In the event that any provision in this Agreement is found to be invalid or unenforceable, the offending provision shall be severed from the Agreement and the remaining provisions shall continue to be enforceable and operate as originally written.

22. SURVIVAL

The Provisions which, by its nature or express terms should survive, will survive such termination or expiration of this Agreement.

23. USER DISPUTES, GRIEVANCES, AND REDRESSAL

If you have any disputes or grievances in respect of services availed through the Platform, please write to us at support@pakadoapp.com. We shall endeavor to resolve your disputes or grievances within 14 days of receiving the email.

24. DISPUTE RESOLUTION

24.1. In the event of any claims or disputes between the Parties arising in connection with the execution, interpretation, validity, performance, breach or termination of this Agreement and any of its provisions, wherein such disputed cannot be amicably resolved by the Parties by way of good faith negotiations amongst themselves, all such disputed shall be first submitted for settlement by informal mediation to a panel consisting of one nominee of each Party.

24.2. In the event of failure to settle the disputes in accordance with the modes stipulated above within a period of 14 days, all the disputes or differences so arising between the Parties shall in the Company’s discretion be referred to and settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The Parties shall endeavor to expedite the arbitration proceedings and complete the same at the earliest and shall render full co-operation for the same. The place of arbitration shall be Bengaluru. The award given by the arbitrator shall be final and binding on the Parties. The costs pertaining to the arbitration shall be borne by the Parties in accordance with the award passed by the arbitrator.

25. GOVERNING LAW AND JURISDICTION

This Agreement and its provisions shall be construed in accordance with and governed by the laws of India and subject to the exclusive jurisdiction of the courts situated in Bengaluru.

26. ENTIRE AGREEMENT

Except where otherwise expressly provided, this Agreement constitutes the entire agreement and understanding between the Users and the Company with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written agreements or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and Conditions and any other similar documents or understanding the provisions of this Agreement shall prevail.

CONTACT US:

If you have any queries or concerns regarding our Terms of Use, Privacy Policy or any other policies, you can reach out to us on our contact information given on our Contact Us page or you can write to us on support@pakadoapp.com.