I.
INTRODUCTION
Welcome to Pest Shields Website.
PLEASE READ THESE TERMS AND CONDITIONS
OF THE WEBSITE OF Pest Shields CAREFULLY. M/s Pest Shields India Private
Limited ( Company) is the owner of
the Website namely www.pestshields.com (Website)
in India (both henceforth referred to as, "Company" "We",
"us", "our", "it", Pest Shields).
The Company respects your privacy, and seeks to comply with applicable legal
requirements under the Information Technology laws and Rules in respect of data
collection, processing and transfer. These Terms and Conditions of use (Terms and conditions) and Privacy
policy are also visible on the Website. These terms and conditions are
applicable to the visitors and Members and Customers ("Visitors" or Members or or Customers)
(cumulatively referred to as "You"
or "Your" hereinafter),
who, provide their consent by clicking on the AGREE or SIGN UP
button on the Pest Shields Account login page and allowing the company to use
the Information for signing up or logging into their Pest Shields Account of
the Company, thereby Signing in for the Pest Shield Account.
Pest Shields is a online platform
designed to provide Pest Control Services Designed for Indian Households &
Commercials Spaces such as hospitals , warehouses , eating houses ,
manufacturing units, etc. as per reuirremets of the Customers. The Services
offered by the Pest Shields are Home Care Packages, COVID19 Sanitation
Services, Bed Bug Control, Bird & pigeon Control, Termite Control Services,
mosquito Control and disinfectant Services on the www.pestshields.com i.e. the
website of the Company. The
Company aims to provide environmentally friendly pest solutions plans
customized to your needs, round the year protection, india's first
internationally, certified company by FAOPMA, NPMA & BPCA,
Technologically-Advanced Services, Complaints Addressed, Within 4-6 Hours as
one of the top company of India having leading brands as its customers.
The Website is developed by M/s Pest
Shields Private Limited (Company).
This page contains the Terms and conditions offered by us, our affiliate,
subsidiary, holding, associate, Group Companys/ entity etc. Pest Shields
Website needs user to register on Website and provide certain personal and
banking details for making payments through the Portal before the user can
start using the Services or customer has an option to pay for the services vide
cash only after completion of the Services.
By using or
visiting or Registering
on the Pest
Shields Website or any data feeds, Prroduct details and services offerred to
you by the Pest Shields Platform, you signify your agreement to (A) these
Terms and Conditions, (B) Pest Shieldss Privacy Policy and any other terms
that are updated from time to time. If you do not agree to any of these terms,
please do not use the Pest Shields Website or reegiter for the Services. We
request You to please
read them carefully before registration and acceptance or booking of the
Services. The Pest Shield services are provided on an as is basis without
warranty of any kind.
By logging on
to the Account using SIGN UP FEATURE, you expressly consent to the Company
using your Information
for the purpose of the signing you into your Account, as outlined in this
Privacy Policy, other terms and conditions & relevant Policies. Further in
case of any contradiction between this Privacy Policy and Terms and Conditions
especially with respect to SIGN UP feature then these Terms and Conditions
shall prevail.
Company reserves the right to change or modify
any of the terms and conditions contained in these Terms and conditions, or any
policy or Privacy Policy or guideline of the Website, at any time, with or
without prior intimation/ notice and in its sole discretion. Unless otherwise
specified, any changes or modifications will be effective immediately upon
posting of the revisions on the Website, and your continued use of the Website
will constitute your acceptance of such changes or modifications. You should
review the Terms and conditions and its incorporated policies and documents
from time to time to understand the terms and conditions that apply to your use
of the Website. If you do not agree to any amended terms, you must stop using
the Website.
These Terms and
Conditions complies of the Information Technology Act 2000 ("Act") including Rule 3(1) and all
other relevant Rules made thereunder including but not limited to Information
and Technology (Reasonable Security Practices and Procedures and sensitive
personal Data or information) Rules 2011 ("Rules") and other relevant data privacy laws. Information
about our Visitors is an important part of our business, and the Company are
not in the business of selling any personal information or data to any third
parties.
You are advised
not to post any information or messages that are, or that may be construed, as
being malicious , defamatory, inappropriate, slanderous.
II.
PRIVACY
POLICY
Please refer to Company Privacy Policy for information on
how Company collects, uses and discloses personally identifiable information
from its users.
III.
UNDERSTANDING
OF WEBSITE TERMS
Please read these Terms and conditions
carefully before you visit or use this Website. By signing up or using the
Website, you explicitly agree to comply with and be bound by these Terms and
conditions and Privacy Policy. Your registration use of the Website constitute
your acceptance of these Terms and conditions or any other terms and condition
which takes effect on the date on which you Sig Up on this Website. If you do
not agree to all provision of these Terms and conditions or any other terms and
condition or Privacy Policy, then Do not use or Sig up on this Website and
promptly cease using this Website.
You hereby understand, agree and
acknowledge that by clicking on: Sign
up similar on the Website or otherwise, and / or registering, accessing or
booking or using our services:
1.
You
have read and understood the terms and Conditions and;
2.
You
agree to install, download, use, register yourself by providing personal
information Like name, address, Photo identification number, contact umber,
Email Id, Preferred Time for inspections/ Home visit and Your Birthdate or
other information etc. and access this Terms and conditions voluntarily, with
full knowledge of its effect; and;
3.
You
unconditionally accept and agree to all terms and conditions contained and/or
specified in the Terms and conditions and/ or any other terms and conditions;
4.
You
are 18 years of age or older and are competent to enter into a binding contract
in accordance with all applicable laws and/or (if you are accessing or
utilizing our services on behalf of a legal entity) that you are authorized to
enter into, and the bind such entity to, the Terms and conditions and;
5. Applicable for persons under the age of
18 years: user declares that my parents / legal guardians are aware of my
visiting / using to Website and the permission has been granted by them to use
the Website under their active surveillance, except for any monetary
transactions. You affirm to abide by and comply with any applicable law,
regulation or generally accepted practices or guidelines in the relevant jurisdictions
terms and conditions, obligations, affirmations, representations, and
warranties set forth herein. All monetary transactions will be made by my
parents / legal guardians themselves. If you dont have the said requisite
permission, you must please stop using this Website and its Services.
6.
That
the Terms and conditions shall operate as a binding legal contract upon you (or
the legal entity on whose behalf you enter into this Terms and conditions, as
the case may be) in relation to Website, the Company platform and/or our
services.
7.
If
you do not understand the Terms and conditions or do not accept and/or agree to
the Terms and conditions, you may not access or use the Website/ Company
platform and/or our services, and accordingly, do not click sign up (or similar) and refrain from
accessing or otherwise using the Website or any of our services, and delete any
copies of the website in your possession or control.
IV.
CONDITION
OF USE OF THE WEBSITE
1.
Your license & restrictions:
1.1
Subject
to your compliance with the Terms and conditions, Company grants you a limited,
non-exclusive, non-sub licensable, revocable, nontransferable license to access
and use the Company App solely in connection with your use of our services; and
access and use any content, information and related materials that may be made
available through our services, in each case solely for your personal,
non-commercial use only (unless otherwise agreed by Company in a separate
written agreement with you).
1.2
No
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by the use of the Website, whether between
you, Company, its affiliates or any Third-Party service provider.
1.3
You
may utilize our services only as permitted by these Terms and conditions. You
may not, and will not permit any other party to remove any copyright, trademark
or other proprietary notices from any portion of the services; reproduce,
modify, prepare derivative works based upon, distribute, license, lease, sell,
resell, transfer, publicly display, publicly perform, transmit, stream,
broadcast or otherwise exploit the services except as expressly permitted by
Company; create a database by systematically downloading and storing the Company
platform; use or merge our services, the Company Website or any component or
element thereof, with other software, databases or services not provided by
Company; sublicense, distribute, sell or otherwise transfer the Company
platform to any third-party; decompile, reverse engineer, disassemble or
otherwise attempt to derive the source code or structure of the Company Pest
Shields Website; link to, mirror or frame any portion of the services;
interfere in any manner with the operation of our services; and/or attempt to
gain unauthorized access to or impair any aspect of the services or its related
systems or networks.
2.
PEST
SHIELDS TERMS OF SERVICES & ONLINE PAYMENTS
2.1 These Terms and Conditions apply to all(s) Users of
the Pest Shields Website, including , visitors and Customers, who books service on the Pest Shields
Website.
2.2 The Pest Shields Website includes all aspects of the Services
which includes but is not limited to products, software and service offered via
the Pest Shields Website, such as
a) Home Care Pest Control Services- it is suggested that
keep your doors and windows open during pest control process and Do not use treated
areas for at least 1-2 hours.
b) Bed Bug Control-Keep treated areas competently
unnotched for few hours an do not let
children, pets and elderly people touch the treated areas for at least 6 hours.
c) Termite Control Services-Keep the Almirahs and beds away
from walls, do not touch the treated areas or filled areas.
d) COVID19 Sanitation services-Keep food items sealed or
in fridge, turn off AC prior to treatments an ait for 35 minutes before
entering the disinfected area.
e) Bird & Pigeon Control
f) Mosquito Control- Use the mosquito mesh and keep
surrounding clean.
g) Lizard control-Keep doors a windows open during and after treatment and do not
use the area for 2 hours.
h) At all times children, pets, senior citizen,
asthmatic, allergic people should not be allowed during service and before
thorough cleaning of the treated premises.
i) The Pest Shields expert may give additional
instructions prior and post services which You are obliged to follow without
any deviation or delay.
2.3
You shall
cooperate for moving the furniture or opening of the rooms, removal of
expensive articles, in order to enable Pest Shields Employee to carry out the
relevant treatment. All rooms/cabins/flats in the house/society/corporate as
the case may be should be made available for servicing as and when Pest Shields
employee on his visit. Failure of the customers I providing cooperation or
support as required, or any act or omission leading to causing interference in
performance of thee Services, will be treated as a Deemed service completed by
Pest Shields and no refund shall accrue on his account.
2.4
You shall inform
and physically show prior to the beginning of the Services to the Pest Shields Employee/
Expert on the ground location of the essential service pipes and cables. While
Pest Shield Service Expert if boreholes in the ground, if pipes & cables
are accidentally broken despite precautions, Pest Shields shall not be liable
for the damages. The customer shall repair all leaking water pipes, failing
which Pest Shields shall not be responsible for reducing the efficacy of the
termite treatment. Pest Shields technician shall not visit the customers
premises in response to any complaint at such premises unless the customer
stops the leakage.
2.5
Pest Shields
will deliver the services competently and professionally in accordance with these
terms. The ongoing effectiveness of the pest control provided by Pest Shields
depends on the Your implementing Pest Shieldss recommended hygiene, storage,
and maintenance actions. Pest Shields various treatments will become
ineffective by the You disturb treated areas, changes in the surrounding
environment, building alterations, renovations and introducing materials to the
property that encourage pest activity. Pest Shields services rely on the
materials applied to impact pests. You shall not wash, paint or in any other
way disturb the treated space or surface to help ensure treatment efficacy. You
shall keep the Company indemnified of any legal actions due to any
ineffectiveness or any health issues
after using the Pest Shield services, you know that the services are
performed on as is here as basis and is
dependent on varied external factors including
your adherence to directions of the hygiene etc.
2.6
Pest Shields
reserve the right to refuse service to anyone for any reason at any time.
2.7
Pest Shields prohibits
discrimination against Customers based on race, religion, caste, national
origin, disability, sexual orientation, sex, marital status, gender identity,
age or any other characteristic that may be protected under applicable law.
Such discrimination includes, but is not limited to, any refusal to accept
services based on any of these characteristics.
2.8
Pest Shields
Website is an online Website that allows you to sign up and book your required
services as residential package or for commercial package along with
subscription plans. You agree and acknowledge that Pest Shields has no control
over and assumes no responsibility for, the Content and by using the Pest
Shields Website, you expressly relieve Pest Shields from any and all liability
arising from the User Content.
2.9
Customer shall
ensure resident co-operation to move materials and enable Pest Shields
employees to provide pest control services. As pests can occur in any space and
can spread from untreated to a treated area, Pest Shields recommends that the
customers help it by access to all spaces covered by the contract. Pest Shields
does not schedule services on its annual holidays. Customers should request for
a schedule change at least twenty-four hours prior to the time confirmed for
their service
2.10 The Pest Shields Website may include or contain links
to any third-party Websites that may or may not be owned or controlled by Pest
Shields. Pest Shields has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third-party Websites. In
addition, Pest Shields will not and cannot censor or edit the content of any
third-party site. By using the Pest Shields Website, you expressly relieve Pest
Shields from any and all liability arising from your use of any third-party
Website or services. However, we recommend that before you use any third-party
services or Website you read and understand the terms and conditions and
privacy policy of each such Website that you visit.
2.11 You agree and acknowledge that Pest Shields shall have
the right at any time to change or discontinue any aspect or feature of the
Pest Shields Website, including, but not limited to, the User Content, hours of
availability and equipment needed for access or use. Further, Pest Shields may
discontinue disseminating any portion of information or category of information
may change or eliminate any transmission method and may change transmission
speeds or other signal characteristics. Pest Shields reserves the right to
refuse access to the Pest Shields Website, terminate Accounts, remove or edit
contents without any notice to You.
2.12 In case the Pest Shield Website or third party Payment
Service Providers webpage, that is linked to the Pest Shield Website, is
experiencing any server related issues like slow down or failure or
session timeout, You shall, before initiating the second payment, check
whether Your Bank Account has been debited or not and accordingly resort to one
of the following options:
In case the Bank Account appears to be debited, ensure
that You does not make the payment twice and immediately thereafter
contact the Payment Service Provider via e-mail or any other mode of
contact as provided by the Institute to confirm payment.
In case the Bank Account is not debited, the
User may initiate a fresh transaction to make payment.
However, You agrees that under no circumstances the
Pest Shield shall be held responsible for such fraudulent/duplicate
transactions and hence no claims should be raised to Pest Shield ,No communication received by the Customers in this
regards shall be entertained by the Pest Shield.
2.13 Pest Shield assume no liability whatsoever for any monetary
or other damage suffered by the Customer on account of:
The delay, failure, interruption, or corruption of any
data or other information transmitted in connection with use of the third party
Payment Gateway in connection thereto; and/ or
Any interruption or errors in the operation of the
Payment Gateway
3.
System Requirements:
3.1
In order to use
the Website, you are required to have a compatible Computer or handheld device
with internet access, and the necessary minimum specifications ('Software
Requirements');
3.2
The version of
the Website software may be upgraded from time to time to add support of new
functions and services.
3.3
You will not
use our Service or the Platform with an incompatible or unauthorized device, or
impair the proper operation of our Services.
3.4
It is your
responsibility to check to ensure you download the correct application offered
by Company for your device. Company is not liable if you do not have a
compatible Computer device or if you download the wrong version of the Website
for your Computer device. In addition, you shall be solely responsible for
updating your device as may be necessary to access or utilize our Services.
4.
Registration
/ SIGN UP on the WEBSITE
4.1
If the user
would like to avail the Services, the user shall be allowed to create an
account by using the Website. Pursuant to acceptance of this form, the User
shall be able to use Website.
4.2
The user shall
at all times be responsible for maintaining secrecy and confidentiality of his/
her User ID and Password (collectively Sig Up). User understands and
acknowledges that, any loss incurred due to sharing/leakage of Log- in details
shall be the sole responsibility of the User / individual, and Company will not
be responsible for loss of any resultant data or information or money or
compensation of any kind.
4.3
By creating an
account, You agree that the Services may send you SMS messages as a part of the
normal part of the business operations of use of the Services.
4.4
Only those
users shall be eligible to register with the Website and avail its services,
who have completed minimum 18 years of age and are otherwise competent to enter
into a contract as per the Indian Contract Act, 1872
4.5
Company may, at
its discretion, contact the user personally through phone or e-mail or Website
for clarification of his/her queries / communications. Company neither guarantees
nor owes any responsibility or role for response of any query posted by the
user.
4.6
Company bears
no responsibility as to the authenticity of the information posted on its
Website about service providers registered with it and the respective Service
providers will be responsible for providing and updating correct information
about its profile or other data on the Website. However, Company Customer Care
department may help the User to clarify its doubts about the Services/ Website,
if any.
5.
Availability
and OS requirements
5.1
This Website is
available on Computer or mobile phone running on Windows, Android & iOS Operating
System. Company will make reasonable efforts to make the Website available at
all times. However, acknowledgement of the Website is provided over the
internet and Computer networks and so the quality and availability of the
Website may be affected by factors over which Company have no control, such as
Computer network availability, prepaid connection balance, active sim and
active connection with Computer Provider etc.
5.2
Our services
may be made available or accessed in connection with services provided by third
parties and content that Company does not control. You acknowledge that
different terms of use and privacy policies may apply to your use of such
services and content. Company does not endorse such third party services and
content and in no event shall Company be responsible or liable for any products
or services of such Third Party Service Providers.
5.3
From time to
time, the Company Website may also include links to other Websites. These links
are provided for your convenience to provide further information. They do not
signify that we endorse the Website(s).We have no responsibility for the
content of the linked Website(s). We have no control over the nature, content
and availability of such external Websites.
6.
Network Access & Usage
6.1
In the course
of availing our services, you may incur your carrier's normal rates and fees,
such as text messaging and data charges, which shall still apply.
6.2
You will only
use an access point which you are authorized to use.
6.3
You agree and
acknowledge that we shall not be responsible for your inability to access our
services due to the non-availability of the necessary data and cellular
coverage required to access our services, or due to your inability to accept or
answer any communications or other attempts to contact you made by our Incident
Managers, our Immediate Response Teams or us or our associates and/or
affiliates.
7.
No unauthorized promotional material
You
agree not to create or sell advertisements, sponsorships, or promotions based
upon our Services or any part thereof, or the sale of advertisements,
sponsorships, and/or promotions on any Website or blog containing any part of
the information, material, videos or Services provided on our Website,
including without limitation any pop-up advertisements.
8.
No illegal or unauthorized usage:
8.1
You agree not
to utilise our services for any unlawful purpose, for any purpose amounting to
nuisance, annoyance or inconvenience to any individual or entity, or in
violation of local, state, national or international law, including, without
limitation, laws governing intellectual property and other proprietary rights,
and data protection and privacy.
8.2
This includes,
but is not limited to, attempts to remove, circumvent, disable, damage or
otherwise interfere with our Services, copyright or other proprietary notices
on our Website or features of our Services, features that prevent or restrict
use or copying of any content and/or our services accessible through our
platform, or features that enforce limitations on the access and/or use of the
Company Website.
8.3
In addition,
you also agree to not assert or authorize or assist or encourage any third
party to commit any unauthorized acts as contained in the Terms and conditions.
Any unauthorised use of our services by you may give rise to a claim for
damages and/or be a criminal offence. We bear no responsibility for such claims
or offences being sought or enforced by third parties upon you, should they
arise by such unauthorized usage of our Services by you.
9.
Content Use and Conduct:
As provided in the terms herein that, in order to
access some of the relevant features of the Pest Shields Website, You may have
to create your account with Pest Shields Website. You agree and confirm that
you will never use another Users account nor provide access to your account to
any third-party. When creating your account, you confirm that the information
so provided is accurate and complete. Further, you agree that you are solely
responsible for the activities that occur on your account, and you shall keep
your account password secure and not share the same with anyone. At no point in
time will Pest Shields be liable for any losses caused by any unauthorized use
of your account, you shall solely be liable for the losses caused to Pest
Shields or others due to such unauthorized use, if any.
10. IN USING THE WEBSITE AND THE SERVICE OF
pest sheilds, YOU WARRANT, AGREE AND UNDERTAKE:
10.1 that the information provided by you is true and
accurate;
10.2 that you shall not fraudulently use the Website or the
services;
10.3 that you shall not use the service in breach of these
Terms and conditions;
10.4 to comply with all applicable laws, ordinances, codes,
rules, regulations, notices, instructions and/or directives of the relevant
authorities or any notices, instructions, directives or guidelines given by
Company in connection with Website and the Services;
10.5 not to use the Website and the service for any illegal
or fraudulent activities;
10.6 not to use the Website and the service for purposes
you know are false, misleading, untruthful or inaccurate;
10.7 not to use the Website and the service for purposes
you know are false, misleading, untruthful or inaccurate;
10.8 not to use the Website and the service for purposes
which would infringe any intellectual property right subsisting within the
Application or the Service.
V.
OWNERSHIP
& INTELLECTUAL PROPERTY
1.
The
Website, as well as our Website, is owned and operated by us. The visual
interfaces, text, images, logo, designs, sound files, buttons, graphics,
design, compilation, information, computer code (including source code or
object code), software, materials including content, videos, audio and all
other elements of the Website, as well as the collection, arrangement and
assembly of any content on the Website, are the intellectual property of
Company and are protected by Indian and international copyright and trademark
laws, international conventions and other applicable laws governing
intellectual property and proprietary rights.
2.
Any
titles, intellectual property, logos, trademarks, Device mark, service marks,
domain names, or trade names appearing on the Website/ our Website, including Pest
Shields, (Marks), whether registered or not, are the properties of
our Company or their respective owners.
3.
Any
materials provided on our Website by third parties, all materials, and other
content on our Website are owned by or licensed to us. Whether the whole or the
part of the material is concerned, we reserve all rights therein and thereto
not expressly granted by the Agreement. In addition, our Services and all
rights therein are and shall remain Company property or the property of our
licensors.
4.
Notice
of Copyright or Intellectual Property Infringement. We respect the intellectual
property rights of others. Please notify us in writing, by email or mail to our
designated agent listed below, if you believe that a user of the services has
infringed your intellectual property rights, pursuant to applicable copyright
law.
To be
effective, the notification must include:
a.
identification of the copyrighted work
claimed to have been infringed, or if multiple copyrighted works are covered by
a single notification, a representative list of such works;
b.
identification of the claimed infringing
material and information reasonably sufficient to permit Computer Software to
locate the material on the services;
c.
information reasonably sufficient to permit
us to contact you, such as an address, telephone number, and, if available, an
email address;
d.
a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
e.
a statement by you, made under penalty of
perjury, that the above information in your notification is accurate and that
you are the copyright owner or authorized to act on the copyright owners
behalf; and your physical or electronic signature.
f.
You acknowledge and agree that upon receipt
and notice of a claim of infringement, we may immediately remove the identified
materials from the services without liability. Counter-Notice by Accused user.
If we have taken down your materials due to suspicion of copyright
infringement, you may dispute the alleged infringement by sending a written
communication by email or mail to our designated agent below.
VI.
REFUNDS
The Customer
agrees that the Charges of the services is set out in the Order signed by the
Customer and once the charges are paid, the Refunds may be given based on case
by case basis on merit as decided by the
Company. The refunds if decided by the Company shall be made only after
deducting the processing charges and taxes, if any. Please read the subscription
terms and conditions carefully before subscribing to any of the subscription
plans, as once you have subscribed you cannot change, cancel your subscription
plan. Once you subscribe and make the required payment, it shall be final and
there cannot be any changes or modifications to the same and neither will there
be any refund
VII.
CHANGES/ ALTERNATION/ MODIFICATION OF TERMS
AND CONDITIONS
1.
We
reserve the right, at our sole discretion and for any reason whatsoever, to
change, amend, add, remove or otherwise modify portions of this Website/ Terms
and conditions at any time, by publishing the revised Terms and conditions on
our Website etc. We may modify the Terms and conditions without any requirement
of obtaining your prior consent.
2.
Company
may change the format and content of the platform Services/Website/ Terms and
conditions at any time or suspend its operation and services for support or
maintenance work at its sole discretion, in order to update the content or make
the site/Services more effective.
3.
Any
changes to the Terms and conditions are effective immediately upon their
publication. Your continued access and/or usage of our Website and/or our
services after any modification of the Terms and conditions constitutes your
binding acceptance of such modification.
4.
You
are responsible for checking the Terms and conditions periodically for any
changes, as they are binding on you. When we do, we will revise the updated
date at the bottom of this page. You are encouraged to check the Terms and
conditions frequently. Notwithstanding anything contained above in this part,
disputes arising under the Terms and conditions will be resolved in accordance
with the version of the Terms and conditions in place at the time the dispute
arose.
5.
If
you do not agree to any modifications to the terms and conditions, please
refrain from accessing or otherwise using the website or any of our services,
and delete any copies of the websites in your possession or control.
6.
Should
you wish to discontinue your access to/usage of our services due to such
modifications to our Terms and conditions, you may delete your profile or not
book or register on Our Weebsite as per the Website requirements.
VIII.
DISCLAIMER
1.
You agree that your use of
the Pest Shields Services shall be at your sole risk. to the fullest extent
permitted by law, Pest Shields, its officers, directors, employees, and agents
exclude all warranties, express or implied, in connection with the Pest Shields
Services and your use thereof. to the fullest extent permitted by law, Pest
Shields excludes all warranties, conditions, terms or representations about the
accuracy or completeness of the user content or the content of any sites so
linked and assumes no liability or responsibility for any (i) errors, mistakes,
or inaccuracies of user content or any content on Pest Shields, (ii) personal
injury or property damage, of any nature whatsoever, resulting from your use of
the Pest Shields Services, (iii) any unauthorized access to or use of our
secure servers and/or any and all personal information and/or financial
information stored therein, (iv) any interruption or cessation of transmission
to or from the Pest Shields Services, (iv) any errors or omissions in any user
content or any other content or for any loss or damage of any kind incurred as
a result of the use of any user content or any other content that is posted,
emailed, transmitted, or otherwise made available via the Pest Shields Services.
Pest Shields does not warrant, endorse, guarantee, or assume responsibility for
any user content or Pest Shields Services
advertised or offered by a third party through the Pest Shields Website
or any hyperlinked services or featured in any banner or other advertising, and
Pest Shields will not be a party to or in any way be responsible for monitoring
any transaction between you and third-party providers of user content or
services. as with the purchase of a subscription or service through any medium
or in any environment, you should use your best judgment and exercise caution
where appropriate.
2.
We
make no warranty that your access to the Website orr Services or booking will
be uninterrupted, timely or error free. Due to the nature of the internet, this
cant be guaranteed. In addition, we may occasionally need to carry out
repairs, maintenance, or introduce new facilities and functions. Access to the
Website may be suspended or withdraw to or from you personally or all users
temporarily or permanently at any time and without notice. We may also impose
restrictions on the length and manner of usage of any part of the Website for
any reason whatsoever. If we impose restrictions on you personally, you must
not attempt to use the Website under any other name or user or on any other
Computer device.
3.
We
dont warrant that the Website will be compatible with all hardware and
software which you may use. We shall not be liable for damages to, or viruses
or other code that may affect, any equipment (including but not limited to your
Computer device) software, data or other property as a result of your download,
installations, access to or use of the Website or your obtaining any material
from or as a result of using, the Website. We shall also not be liable for the
actions of third parties.
4.
To
the maximum extent permitted by applicable law, the services and Computer
software s are provided on an as is and as available basis without warranty
or condition of any kind, express or implied. Computer software and/or its
suppliers hereby disclaim all warranties and conditions with respect to the
services and Computer software Websites, including all implied warranties or
conditions of merchantability, fitness for a particular purpose, title,
non-infringement, and absence of errors, bugs, viruses, and/or mechanisms which
may disable, damage or interfere with computer systems or networks.
5.
Pest
Shields shall not be held responsible for any damages to interior and/or
exterior structures of building/rooms/walls/cabins/flats as the case may be
which may occur while performing the duty to provide service in the matter
6.
Customer
undertakes to keep a representative and/or the person present at all times
while the treatment is being carried out as a matter of safety and/or the
security to avoid any allegations of what so ever nature and such a
representative / person shall be treated as the signing authority for service
contract form in whose presence the treatment is carried out.
7.
Pest
Shields will not be responsible for failure of service in the event,
instructions given are not followed or treated areas are disturbed/washed,
painted or uprooted.
8.
Pest
Shields shall not be liable for damages, death, injuries or any consequential
damage of what so ever nature to any person or property, by using the service
9.
you
understand, acknowledge and agree that Company and/or its affiliates and/or its
associates reserve the right at any time and from time to time, temporarily or
permanently, in whole or in part, to: modify, suspend or discontinue our
services; and / or offer opportunities to some or all users of our services. in
addition, you agree that neither we nor any of our affiliates or any of our
associates shall be liable to you or to any third party for any modification,
suspension or discontinuance of our services, in whole or in part, or of any
service, content, feature or product offered through our services or the
Company platform. we and our affiliates and associates make no warranty,
representations or condition that our services will meet your requirements or
your expectations.
10. You hereby undertake not to use our
services for any unauthorized or unlawful purpose or otherwise request/instruct
Company or our affiliates or associates to commit any unlawful or unauthorized
act or any act that violates the rights of any third parties. Nothing in this
Terms and conditions shall prevent us from complying with the law.
IX.
LIMITATION
OF LIABILITY
1.
To
the maximum extent permitted under all applicable law, in no event will Company
or our associates or our affiliates be liable with respect to (i) any indirect,
incidental, punitive, special, exemplary, loss of business and reputation,
revenue, sales, goodwill, use or content, impact on business or consequential
damages of any kind whatsoever; (ii) data loss or cost of procurement of
substitute goods or services; (iii) any loss of use, property damage, injury,
death; or (iv) any matter beyond our reasonable control, whether or not the
damages were foreseeable and whether or not Company was advised of the
possibility of such damages. Without prejudice to the foregoing, in the event a
court or an arbitrator holds or finds Company or its related and affiliated
corporations liable to you for any breach or default by Company or its related
and affiliated corporations, you agree that the amount of damages payable by
Company or its related and affiliated corporations shall not at any time exceed
the sum equivalent to the Actual Costs of Services paid by You or in no event
shall Companys total liability to you in connection with the services for all
damages, losses and causes of action exceed rupees Rs. 2,000 (Two Thousand
Only), whichever is lower.
2.
We understand that, in some
jurisdictions, warranties, disclaimers and conditions may apply that cannot be
legally excluded, if that is true in your jurisdiction, then to the extent
permitted by law, Pest Shields limits its liability for any claims of its
services under those warranties or conditions to either supplying you the Pest
Shields Websites again. You specifically acknowledge that Pest Shields shall
not be liable for user content or the defamatory, offensive, or illegal conduct
of any third party and that the risk of harm or damage from the foregoing rests
entirely with you. Pest Shields Website is controlled and offered by Pest
Shields from its facilities in India. Pest Shields makes no representations
that the Pest Shields Services is appropriate or available for use in other
locations. those who access or use the Pest Shields Website from other
jurisdictions do so at their own volition and are responsible for compliance
with local law.
3.
Pest
Shields shall not be held responsible for any damages to interior and/or
exterior structures of building/rooms/walls/cabins/flats as the case may be
which may occur while performing the duty to provide service in the matter.
Customer undertakes to keep a representative and/or the person present at all
times while the treatment is being carried out as a matter of safety and/or the
security to avoid any allegations of what so ever nature and such a
representative / person shall be treated as the signing authority for service
contract form in whose presence the treatment is carried out.
4.
Pest
Shields will not be responsible for failure of service in the event,
instructions given are not followed or treated areas are disturbed/washed,
painted or uprooted.
5.
Pest
Shields shall not be liable for damages, death, injuries or any consequential
damage of what so ever nature to any person or property, by using the service.
X.
CONFIDENTIALITYs
You
agree that Company may use the data collected by the Website for effective
performance of its Services and for general statistical analysis and for
promotional purposes. Save as otherwise provided in this Terms and conditions,
Company shall make reasonable efforts to secure the electronic storage and
transmission of data using appropriate security features and ensure that every
person involved with Company / Website shall maintain confidentiality of users
personal information shall also ensure that the same remain secured from
unauthorized disclosure to third parties. Notwithstanding anything contained in
this clause, Company or its service providers shall not liable for,(a) where
the user has himself/ herself or through their representatives or agents shared
any personal information with any third party by providing access to his/ her
account / Log-in details or through any other means; (b) has given such
personal information voluntarily through any other Website; (c) is or becomes
generally available to the public domain other than as a result of disclosure
under this paragraph; (d) had been previously possessed by Company or its
service providers or other agencies without restriction against disclosure at
the time of receipt by Company or its service providers; (e) was subsequently
rightfully received from a third party without an obligation of confidentiality;
or (f) was disclosed by the user to a third party on a non-confidential basis.
The recipient shall be deemed to have met its confidentiality obligations as
long as it exercises the same level of care to protect its own confidential
information. Company reserves the right without prior notice to disclose the
personal information of the user including the contents, materials, if the same
is required; (a) in order to comply with any order/written directive/
judgment/decree of Court or by any government or quasi-judicial authority;(b)
by applicable law; (c) by professional/legal advisers, consultants, in
connection with these terms and conditions or otherwise; (d) for investigating
potential violations of the terms herein or applicable laws;(e) for investigating
deliberate damage to the Services or its legitimate operation; (f) for
responding to service support requests, or (g) for protecting the rights,
property or safety or security of Company, its subsidiaries, affiliates or
group companies, sub-contractors, suppliers, service providers, channel
partners and/or directors, employees consultants, advisors, representatives,
agents, of Company or of its subsidiaries, affiliates or group companies,
sub-contractors, suppliers, service providers, channel partners and the general
public at large.
XI.
INDEMNIFICATON
To the
maximum extent permitted by all applicable laws, we or our group companies,
affiliates, subsidiaries, shareholders, directors, employees, representatives,
agents, suppliers, subcontractors, consultants, advisors, channel partners and
advertisers harmless affiliates or our associates would not act as witnesses to
any legal actions/proceedings or any investigations. You agree to indemnify and
defend Company and our affiliates and our associates from and against any and
all direct, indirect, incidental, special, consequential, punitive damages
claims, liabilities, damages, losses, costs, expenses, fees of any kind
(including reasonable attorneys fees and legal costs), arising from or
relating to (a) any information (including Content) that you or anyone using
your account submit, post, or transmit through our services; (b) the use of the
Company services by you or anyone using your account; (c) the commission of any
unauthorized or any unlawful act or purpose through our services; (d) any legal
actions/proceedings or investigations involving your use of our services; (e)
violation of the Terms and conditions by you or anyone using your account; or
(f) the violation of any rights of any third party, including intellectual
property, privacy, publicity, (g) the death, injury or health effects or
diseases that might occur due to use of Any chemicals during the Services of
the Company. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
If we do assume the defense of such a matter, you will reasonably cooperate
with Company in such defense.
XII.
TERMINATION
1.
These
Terms and conditions begin to apply when You sign up on the Website and/or will
use Our Services, until Your license( Annual Maintenance Contract or Service
Agreement) to the Services are terminated by the Company, without any notice if
You violate these Terms and conditions in any way or form or subscription is expired
or User at any time delete the account.
2.
The
other provisions of this Terms and conditions will continue in full force and
effect after termination of the license(Annual Maintenance Contract or Service
Agreement). Specifically, termination of the license will not limit the Company
rights or remedies at law or in equity or release You from any claim for breach
of the license or other provision of this Terms and conditions that arose
before the termination of the license. After termination, information, details
of the user shall be treated as mentioned in the Privacy Policy.
XIII.
GOVERNING
LAW AND JURISDICTION
The Terms and
conditions shall be governed by and construed in accordance with the laws of
India. You agree that any action at law or in equity arising out or relating to
the Terms and conditions or Company our affiliates or our associates will be
subject to the laws of India. All disputes arising under this agreement will be
governed by and interpreted in accordance with the Laws of India and the user
agrees that all the disputes will be subject to the exclusive jurisdiction of
the courts of New Delhi
XIV.
GENERAL
1.
Severability: If any provision or clause of this
Terms and conditions is held invalid or unenforceable, in whole or in part,
that provision will be modified to the minimum extent necessary to make it
valid and enforceable, and the validity and enforceability of all other
provisions of this Terms and conditions will not be affected thereby.
2.
Amendment
of the Agreement:
Company may at any time amend the terms and conditions of this Terms and
conditions without any prior notice to the user. However, a notice to that
effect shall be displayed on the Website itself. The amended terms shall be
effective and binding upon the user with their full force.
3.
Assignment: This Terms and conditions and the
rights and liabilities hereunder shall bind and inure to the benefit of the
respective successors and permitted assigns of the Parties. The user shall not
assign or transfer any of its rights, facilities and liabilities hereunder to
any other Person without the prior written consent of Company.
4.
No
Partnership or Agency:
Nothing in this Terms and conditions (or any of the arrangements contemplated
by it) shall be deemed to constitute the other party as its agent, partner,
joint venture, or legal representative, and no party has express or implied
authority to commit or to bind the other party in any manner whatsoever.
5.
Waiver: The failure of Company to exercise or
enforce any right or provision of the Terms and conditions will not constitute
a waiver of such right or provision. Any waiver of any provision of the Terms
and conditions will be effective only if in writing and signed by the parties,
and shall apply only in relation to the matter in respect of which it was
specifically given. No waiver of any breach of the Terms and conditions is a
waiver of any subsequent or other breach. Neither the course of conduct between
you and Company or our affiliates or associates nor any trade practices shall
act to modify the Terms and conditions
XV.
Contact details of the Grievance officer:
Name: Arpan Sachdeva
Designation: Sales
Email id: [email protected]
Contact: 8376090909
