Terms and Conditions

Welcome to https://www.pmechtech.com/ (“the Website”).

This Website is owned and operated by P – Mech Technologies Private Limited (“the Company”/ “We” / “Us”). Using advanced technology, we have developed “PMT Tank Software” which has brought about a paradigm shift in traditional design practices. This product is used in various industries like Oil and Gas, Chemicals, Petrochemicals, Pharmaceuticals, Water, Fertilizers etc. (“the Software”).

Your use of the services and features of the Software shall be governed by this Terms and Conditions (hereinafter “Terms and Conditions") as modified and amended by the Company from time to time.

By accessing or using the Software, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Privacy Policy (as more particularly mentioned hereinafter), whether you have read the same or not.

ACCESSING, BROWSING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS MENTIONED HEREINAFTER, SO PLEASE READ THIS CAREFULLY BEFORE PROCEEDING.

1. DEFINITIONS

  • “Applicable Law” shall mean any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, in the jurisdiction of India.
  • “Act” shall mean the Information Technology Act, 2000 and Rules thereunder as amended from time to time.
  • “Confidential Information” shall mean and include information regarding the business affairs, operations, business opportunities, financial information, customer names, prospects manuals, procedures, reports, products, processes, inventions, research and development, P-Mech Technologies Pvt Ltd and other information or knowledge concerning a Party but not limited to proprietary, trade secret, accounting records, work product information that the Party may perform on behalf of the Company, computer software programmes, modules, routines, processes, designs, source codes, etc. and such other proprietary data of the Party.
  • “Information” shall mean and include Personal Information and Sensitive Personal Data and Information as may be collected by the Company.
  • “Intellectual Property Rights” shall mean the worldwide rights relating to intangible property of the Company, including but not limited to patents, trademarks, service marks, service names, brand name, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer software) and moral rights, database rights, utility models, rights in know-how, trade secrets, and other intellectual property rights and proprietary data, in each case whether registered or unregistered; and applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world which are held or beneficially owned by the Company.
  • “Party” means the Company or User. “Parties” means both.
  • “Personal Information” / “PI” shall mean as under Rule 2 (i) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time and shall include any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
  • “Rules” shall mean the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time.
  • “Sensitive Personal Data and Information” / “SPDI” shall mean and include information under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time. As per Rule 3 the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, Sensitive Personal Data or Information of a person means such personal information which consists of information relating to: -
    • i)password;
    • ii)financial information such as Bank account or credit card or debit card or other payment instrument details;
    • iii)physical, physiological and mental health condition;
    • iv)sexual orientation;
    • v)medical records and history;
    • vi)Biometric information;
    • vii)any detail relating to the above clauses as provided to body corporate for providing service; and
    • viii)any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise: provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.
  • “Subscription Fee” shall mean fees paid by a registered User for the selected Subscription Plan of any particular product of the Company that the User have subscribed to.
  • “Subscription Plan”shall mean and include a demo plan, quarterly plan and a yearly plan which may vary from product to product; details of subscription plans are mentioned on product specific subscription page on website.
  • “Software”shall mean the program to be used on a computer system.
  • “User” shall mean any natural or legal person who is registers itself/ himself to avail the Services provided by the Company through the Software.

2. DEFINITIONS

  • The Company has developed the Software/Software products to enable the User to perform engineering and design using advanced technology.
  • The Company attempts to be as accurate as possible in the description of the Services. However, the Company does not make any warranty in respect of the Services via the Software. All descriptions of the Services are subject to change at any time without notice, at the sole discretion of the Company.
  • The Company reserves the right to but are not obligated, to limit the sales of the Services to any person, geographic region or jurisdiction, correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice.

3. ACKNOWLEDGEMENT AND UNCONDITIONAL ACCEPTANCE

  • The User hereby agree, acknowledge and accept use of the Software offered by the Company.
  • If User do not agree to any of the terms enumerated in the Terms of Use or the Privacy Policy, the User has the discretion to cease to use the Software.
  • These Terms and Conditions constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

4. USAGE

  • The Software is a web application. A User can access the Software by a unique login ID (which will be official email of the User). Initially a system generated password will be sent to the User for login, the User will then be redirected to a page to create its own secure password.
  • This Software is hosted on the Cloud servers with top level security and delivered over the internet through a browser interface.
  • The User is recommended to have minimum 25 MBPS internet speed, Windows 7 to 10 (64 bit), 2 GB graphic card and is recommended to use the latest browser version of Google Chrome, Mozilla, Microsoft edge and Internet explorer for the best user experience.
  • This Software shall be used by adults only.
  • The Company assumes that any minor, if at all, accessing the Software is under the supervision of the guardians. The Company or its associates do not knowingly collect information from minors.
  • The User shall be responsible for maintaining confidentiality of the User’s account, password, and restricting access to your computer, and the User hereby accepts responsibility for all activities that occur under the User’s account and password.
  • The User hereby acknowledges that the information provided by the User, in any manner whatsoever, does not infringe any rights including intellectual property rights of a third party in whatsoever nature.
  • If the User is are accessing, browsing and using the Software on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms and Condition, you agree to accept liability for any harm caused by any wrongful use of the Software resulting from such access or use of the Software in whatsoever nature.
  • If the User knows or has reasons to believe that the security of the User account has been breached, the User should contact us immediately at the 'Contact Information' provided below.
  • The Company reserves the right to refuse the products/services/service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if the Company decide, in its sole discretion, that it would be in the Company’s best interests to do so.

5. USER CONDUCT

The User shall agree to abide by the Terms and Conditions and shall not:

  • 5.1.Provide false or misleading information to the Company;
  • 5.2.Use or attempt to use another User’s Account without authorization from such user.
  • 5.3.Pose as another person or create a misleading username;
  • 5.4.Make such use of the Software that would interfere with, disrupt, negatively affect or inhibit other users from making full use of the Software, or that could damage, disable, overburden or impair the functioning of the Software in any manner;
  • 5.5.Develop, utilize, or disseminate any software, or interact with any application programming interface in any manner, that could damage, harm, or impair the Software;
  • 5.6.Reverse engineer any aspect of the Software, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Software, area or code thereof;
  • 5.7.Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Software, extract data or otherwise interfere with or modify the pages or functionality of the Software;
  • 5.8.Bypass or ignore instructions that control all automated access to the Software;
  • 5.9.Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms and Conditions.
  • 5.10.The data or information of whatsoever nature made available to the Company by the User ("User Content"), is entirely at the responsibility and disposal of the User; and the Company will not be held responsible, in any manner whatsoever, in connection to the User Content.
  • 5.11.The Company shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content.
  • 5.12.The Company does not endorse or control the User Content transmitted or posted on the Software by the User and therefore, accuracy, integrity or quality of User Content is not guaranteed by the Company.
  • 5.13.Any/all data created/produced/retrieved pursuant to use of the Software (‘Data’) shall be stored and retrievable during the period of a Subscription Plan of the Software during which it is being accessed and User has complete control over the files created by them from the use of the Software.
  • 5.14.The User can at its discretion delete the files created by them from its login. The User agrees and acknowledge that files/ data deleted by the User may not necessarily gets deleted or removed from the cloud database or server of the Company and the Company do not assure and confirm retrieval of the data/ files deleted by the User.

6. REGISTRATION

By registering with Us, the User agrees to provide accurate, current and complete information about the User as prompted by the signup form. The User are also responsible P-Mech Technologies Pvt Ltd for maintaining and promptly updating the member profile to keep its current and complete information. It is responsibility of the User to maintain the confidentiality of its account and password. We reserve right to terminate the use of the services if the information provided by the User contains false or misleading information; or conceals or omits any information that We may consider material.

7. SUBSCRIPTION FEE

  • 7.1.Subscription to the Software - The prices, features, and options of the Services depend on the Subscription Plan. The User must choose a Subscription Plan most appropriate to suit their requirements. The Company does not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice, however, it shall not affect the User’s current active Subscription Plan.
  • 7.2.Payment Application - The payment of Subscription Fee is between the User and a third – party Payment Application designated by the Company and not with the Company itself. The User is solely responsible for the payment of the Subscription Fee and for complying with all agreements, terms of use, or other terms and conditions between the User and the Payment Application. The payment gateway is an independent contractor and not agent, employee, or subcontractor of the Company. The Company does not control the payment methods (i.e., credit card, debit card, ACH transfer) made available by the payment gateways.
  • 7.3.The User shall be solely responsible for complying with: (i) any applicable standards developed and published by payment networks (such as Visa, Mastercard, American Express, and any other credit, debit, or electronic funds transfer network), including but not limited to, the current Payment Card Industry Data Security Standard (“PCI DSS”); and (ii) all laws and regulations applicable to the payment processing conducted by the User via payment gateways, including but not limited to, those that may apply to the User: in connection with collecting and storing information, including payment credentials about User; making adequate, clear, and conspicuous disclosures related to the storage and use of Users’ payment credentials; and the use of stored payment credentials to collect future payments.
  • 7.4.The User is solely responsible for any and all disputes with the payment gateways related to or in connection with a payment processing sought to be facilitated via payment gateways, including but not limited to: (i) chargebacks; (ii) products or services not received; (iii) return of, delayed delivery of, or cancelled products or services; (ii) cancelled transactions; (iii) duplicate transactions or charges; (iv) electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances; and (v) the amount of time to complete payment processing.
  • 7.5.To the extent applicable to the Company, the Company represents that it is presently in compliance, and will remain in compliance, with the current PCI DSS. The Company acknowledges that credit and debit card account numbers or related data processed via payment gateways is, as applicable, owned exclusively by the User, credit card issuers, the relevant payment networks, and entities licensed to process credit and debit card transactions on behalf of the User, and further acknowledges that such information may be used by the Company solely to assist the foregoing parties in completing the processing activities described in these Terms and Conditions.
  • 7.6.No Refunds - The User shall pay to the Company complete fees in advance that are associated with its Subscription Plan, Account, or use of the Services. The Subscription Fee is non-refundable.

8. TAXES

  • 8.1The Company will avail 18% GST for all Users including Indian and foreign buyers as per Indian Tax Laws. The User shall be responsible for and bear Taxes associated with its purchase of, payment for, access to or use of the Services.
  • 8.2All Taxes may be applied without notice. Taxes including Tax Deducted at Source (i.e. TDS) shall not be deducted from the payments to the Company, except as required by law, in which case the User shall increase the amount payable as necessary so that after making all required deductions and withholdings, the Company receives and retains (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made.
  • 8.3The User hereby confirms that the Company can rely on the name and address set forth in its registration for a Subscription Plan as being the place of supply for Tax purposes. If P-Mech Technologies Pvt Ltd applicable, the User shall provide to the Company its VAT, GST, or similar tax identification number(s) to avoid application of taxes, as applicable. User shall use the ordered Services for their business use in the foregoing location(s) in accordance with the provided VAT or GST identification number(s).

9. CANCELLATION POLICY

  • 9.1The User is entitled to cancel the Subscription Plan anytime during the active period of a Subscription Plan without stating or assigning a reason. The User shall not be entitled to a refund of the Subscription Fee paid towards the Subscription Plan. The User must inform the Company by an unambiguous declaration (for example a letter sent through mail, fax or email) of its decision to cancel the Subscription Plan.

    • The statement/ Declaration of cancellation of the Subscription Plan has to be addressed to:

    • P – Mech Technologies Private Limited
      BSEL Tech Park, B-11 G floor, Opp, Vashi Railway Station,
      Sector 30A, Vashi, Navi Mumbai, Maharashtra 400703
    • Fax: +91 22 27814722
    • Email: info@pmechtech.com
  • 9.2Notification that the User is exercising its entitlement to cancellation of the Subscription Plan prior to the expiry of the cancellation deadline is sufficient for adherence to the cancellation deadline.
  • 9.3Consequences of cancellation: Upon cancellation of the Subscription Plan, the User shall not receive any renewal email/ reminders from the Company with regards to the Subscription Plan. It is clarified and the agreed by the User that the Company shall not be liable to the refund the Subscription Fee upon cancellation of the Subscription Plan.

10. IP TRACKING FOR SOFTWARE USE

  • 10.1.The User acknowledges and agrees that the Company uses a secure IP Tracker to uniquely identify the license location where the license will be utilized from. The User can only login from one IP address.
  • 10.2.Only 1 (one) login at a time: If the User wishes to login from any other system (with same IP address), while one session is logged in (active session), it will not be permitted. The User will have to log out from the active session to be able to login from another system.

11. WARRENTIES

  • 11.1.The Company warrants: The Services will comply with applicable industrial standards and will materially comply with the defined requirements in respect thereof.
  • 11.2.The Company is not liable under this warranty for defects attributed to:
    • a) Any noncompliance by the User of the Company’s instructions,
    • b) Any accident, contamination, abuse, or negligence attributable to use of the Software by the User, or
    • c) Damage caused by failure of Service not attributable to The Company.
  • 11.3.Warranties In This Terms And Conditions Are Exclusive And In Lieu Of All Other Warranties, Whether Written, Express, Implied, Statutory Or Otherwise, Including Without Limitation, Implied Warranties Of Merchantability, Non-Infringement, And Fitness For Particular Purpose. The Remedies In Terms And Conditions Are User's Only Remedies For Breach Of Warranty.

12. LIMITATION OF LIABILITY

The Company does not guarantee, represent or warrant that the use of our software will be uninterrupted, timely, secure or error-free. we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

The User agrees that, to the fullest extent permitted by applicable law, neither the company nor its holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence or otherwise) under any circumstances for any (i) interruption of business; (ii) access delays or access interruptions to the site; (iii) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (iv) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (v) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (vi) any inaccuracies or omissions in content; or (vii) events beyond the reasonable control of the Company.

Further, to the fullest extent permitted by law, neither the company nor its subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website/web application or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

The User agrees that no claims or action arising out of, or related to, the use of the software or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. if the user has a dispute with the company or is dissatisfied with the software, termination of usage of the software is the sole remedy. the company has no other obligation, liability, or responsibility to the user.

13. OWERSHIP OF INTELLECTUAL PROPERTY

  • 13.1.The Company, its Affiliates, own all right, title, and interest in and to any and all copyrights, trademark rights, patent rights, database rights and other Intellectual Property Rights or other rights in and to the Service and the Software, including any improvements, design contributions or derivative works thereto, and any knowledge or processes related thereto and provided hereunder.
  • 13.2.All rights not expressly granted hereunder are reserved to the Company.
  • 13.3.Nothing contained on the Software or otherwise, should be construed as granting, in any way to the User, any license or right or interest whatsoever, in and/ or to the Company intellectual property, without our express written permission.
  • 13.4.The Company retains all right, title and interest to all Software provided by The Company, and all modifications and enhancements thereof, and no right, title, or interest in the Software, or any copies thereof, is transferred to the User. The User agrees to hold the Software supplied by The Company in strict confidence and shall employ best efforts to not disclose the Software to others.

14. DEFAULT AND TERMINATION

  • 14.1.The Company reserves the right to terminate access to certain areas or features of the Website/ Software at any time for any reason, with or without notice.
  • 14.2.A User will be in default of these Terms and Conditions if: (i) it breaches any provision of these Terms and Conditions or violates any Services; (ii) it is or becomes subject to any proceeding under Applicable Law; or (iii) if, in the Company’s sole discretion, the Company believes that continued use of the Software by the User creates legal risk for Software or presents a threat to the security of the Software. If a User is in default, the Company may, without notice: (i) suspend its Account and use of the Software; (ii) terminate the User Account; and (iv) pursue any other remedy available to the Company if required.
  • 14.3.Effect of Termination- If these Terms and Conditions expire or are terminated for any reason: (i) any and all of User’s liabilities to the Company that have accrued before the effective date of the expiration or termination will survive; (ii) the Company’s obligation to provide any further services to the User under these Terms and Conditions will immediately terminate, except any such services that are expressly to be provided following expiration or termination of these Terms; and (i) Confidentiality, (ii) Ownership of Intellectual Property (iii) No Refunds, (iv) Warranties and Disclaimers, (v) Indemnification (vi) Limitations of Liability (vii) Governing Law shall survive termination of these Terms and Conditions of the User’s usage of the Software.
  • 14.4.The Company also reserves the universal right to deny access to particular User to any/all of its Services without any prior notice/explanation in order to protect the interests of The Company and/or other Users to the Software. The Company reserves the right to limit, deny or create different access to the Software and its features with respect to different User, or to change any of the features or introduce new features without prior notice.

15. SOFTWARE MAINTENANCE & UPGRADES

No additional charges for Software Maintenance will be applicable. Software/ Web App/ Product Version Upgrades will also be free of cost. During the active period, free software upgrades and free remote technical support through email will be provided. Maintenance will start from the beginning of subscription till the subscription remains active (includes renewals). The User confirms and acknowledges that the access to new modules (as part of version upgrades) will be charged extra by the Company.

16. MODIFICATIONS

These Terms and Conditions are subject to modifications at any time, without prior notice. The Company reserves its rights to carry out such modifications from time to time. It shall be the sole responsibility of the User(s) to update themselves with such modifications to the conditions of use. Any change or modification to the Terms and Conditions and the Policies will be effective immediately from the date of such upload of the Terms and Conditions and Policies on the Software. Your continued use of the Website and Software following the modifications to the Terms of Use constitutes your acceptance of the modified Terms and Conditions whether or not you have read them. For this reason, you should frequently review these Terms and Conditions, including their dates, to understand the terms and conditions that apply to your use of the Website/ Web Application.

17. PRIVACY POLICY

  • 17.1.The User hereby authorises the Company by sharing their personal information like name, address, requirement details, contact details, products/services/ service information and to store such information of the User in the Company s’ system.
  • 17.2.Collection of Information

      • The Company may collect and process PI/ SPDI provided by the User during the User availing the Services. The Company may collect and process PI/ SPDI the following forms:

    • i) Should the User opt to access such services of the Software, which are available only to registered Users, Information is required to be provided by the User at registration such as your name, location, email ID, and phone number, company details.
    • ii) Information that the User provides directly to the Software via email or any other mode of electronic communication.
    • iii) PI/SPDI that the User provide to the via any other mode of communication.
    • iv) The Software may make and keep a record of such information shared by the User.
    • v) PI/SPDI that you provide to the Software in physical form whether sent through post or courier or handed over to a representative of the Company in person.
  • 17.3.Use of Information Collected
    • i) Any PI/SPDI, if collected will be used in connection with the relevant purpose as for providing the Services.
    • ii) The provider of PI/SPDI availing any Services from the Company shall be deemed to have consented to the Company for the making use of such PI/SPDI as under this Terms and Conditions.
    • iii) The PI/SPDI which We collect in connection with the online forums and communities is used to provide an interactive experience. The PI/SPDI may also be used in the aggregate to analyse site usage, as well as to offer you products, programs, or services.
    • iv) In general, PI/SPDI submitted by the User to the Company is used either to respond to requests that the User makes, or to aid us in serving the User better. the Company uses your PI/SPDI in the following ways:
      • a) To facilitate the creation of and secure your User account;
      • b) To identify you as a User in our system;
      • c) To provide improved administration of our Service to your request;
      • d) To improve the quality of experience when you interact with our Service;
      • e) To send you e-mail correspondence and notifications and obtaining feedback from you;
      • f) To protect you and other users from any conduct that violates the Terms or to prevent abuse or harassment of any User;
      • g) To display your username and other information in your Profile on the Software;
      • h) To make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
  • 17.4.Sharing of Information
    • i) Where PI/SPDI is required to be shared, arising out of any contractual obligation, The Company shall part with such PI/SPDI only in accordance with your consent for the same.
    • ii) To the extent necessary to provide you the requested Services or to the extent required under applicable law, we may provide your PI/SPDI to the following
    • iii) Third Parties without notice to you:
      • a) Consultants (including auditors, authorized vendors) on a need to know;
      • b) basis under a Non-Disclosure Agreement;
      • c) Governmental authorities, in such manner as permitted or required by Applicable Law; and
  • 17.5.Security of Information
    • i) The Company strives to ensure the security, integrity and privacy of your PI/SPDI and
    • ii) to protect the same against unauthorized access, alteration, disclosure or destruction. Stringent security measures (physical, electronic and managerial) are in place to protect against the loss, misuse, and alteration of the PI/SPDI under our control. The Company’s servers are accessible only to authorized personnel and your Information is shared with our employees and authorized personnel strictly on a need to know; basis.
    • iii) The Company has enabled a two-step token based authentication system that generates encrypted security tokens to keep the User’s account and information secure.
    • iv) On the User’s request, the Company will ensure that any PI/SPDI notified to be inaccurate or deficient, shall be corrected or amended. However, The Company shall not be responsible for the authenticity of the PI/ SPDI.
    • v) Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of your PI/SPDI, if such loss, damage or misuse is attributable to a Force Majeure Event.
  • 17.6.Retention and Revocation of Information
    • i) Your PI/SPDI will be retained with The Company as long as you avail the Services of the Company or for such period as may be necessary under applicable, have an account with us, or for as long as is necessary to fulfil the purposes outlined in this Privacy Policy. The Company may, however, retain PI/SPDI for an additional period as is permitted or required under Applicable Laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.
    • ii) In the event, you intend that the Company shall no longer retain your PI/SPDI or where you intend to modify the current PI/ SPDI, you may contact the Company as provided hereinbelow.
  • 17.7.Changes to This Privacy Policy- This Privacy Policy is effective as of June 2022 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. The Company reserves the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on the Software.

18. MISCELLANEOUS

  • 18.1.If any provision of these Terms and Conditions is determined to be illegal, invalid, or unenforceable, the validity of the remaining provisions will not be affected.
  • 18.2.The Terms and Conditions constitutes entire agreement between the parties and any pre-printed terms on the order are excluded. If there is any conflict in terms, the order of precedence is the licence, any Addendum, the acceptance, the Agreement, and then the order.
  • 18.3.Neither the Agreement nor the Order may be varied except by a written change signed by authorised representatives of both parties. Provisions of these Terms and the Order that by their nature should continue in force beyond the completion or the termination of the order will remain in force.

19. CHANGES IN TERMS OF SERVICE

The Company reserves the right to change the terms of service with or without notice, and without liability. The User’s continued use of the Software constitutes the User’s agreement to all such terms and conditions to the modifications hereof.

20. FORCE MAJEURE

Except for any payment obligations, neither the User nor the Software will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

21. GOVERNING LAW AND JURISDICTION

The Terms and Conditions and the Privacy Policy shall be construed in accordance with the applicable laws of India and the courts at Mumbai shall have exclusive jurisdiction over disputes arising hereunder.

22. GENERAL

  • 21.1.The User acknowledges and hereby agrees to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning the User’s use of the Software, and supersede and govern all prior proposals, agreements, or other communications.
  • 21.1.The Company reserves the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Software. The Company may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. The User shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Software.
  • 21.1.Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between the Parties.

23. CONTACT INFORMATION

For any further communication, clarifications and queries, the User may reach out to the Company at: info@pmechtech.com