Terms of Use
Last Updated 06/12/2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT UNDERSTAND THESE TERMS OR DO NOT AGREE TO ANY PART OF THEM, YOU MUST NOT ACCESS OR USE THIS WEBSITE AND YOU MUST REFRAIN FROM USING THE DEVICE.
These Terms & Conditions of Use (“Terms”) are published in accordance with the Information Technology Act, 2000, provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, regulations, guidelines, bye-laws and notifications made thereafter that require publishing of the rules and regulations, Digital Personal Data Protection Act, 2023 and privacy policy. The domain name https://www.primebook.in/ (“Website”), is owned and operated by Floydwiz Technologies Private Limited (hereinafter referred to as “Company” or “Primebook”). By accessing this Website, you are agreeing to be bound by these Terms.
These Terms are a legal agreement between You and the Company, governing your access to and use of the Website, including any content, functionality, and services offered on or through the Website and for the use of the digital devices offered by Primebook (“Device”), including (i) the software, an android-based operating system optimized for productivity and education, forming part of the Device (whether pre-installed or otherwise) and/or utilized for the purposes of operating the Device (“Software”), where such Software is developed and provided by Primebook and/or its affiliated companies, third-party suppliers, and/or licensors; and (ii) any content forming part of or made available to you through the Device (“Content”) (collectively referred to as “Services”).
These Terms apply to all users of the Website, including but not limited to visitors, customers, vendors, and affiliates (“User(s)”). The terms “You”, “Your” and “Yours” hereinafter referred to shall include the Users. Further, the terms "We", "Us", and "Our" shall mean the Company and/or its affiliates.
These Terms pertain to the User's engagement with the Website and the User’s utilization of Services. These Terms are legally binding on the User.
ACCESSING THE WEBSITE
The Website provides access to a comprehensive range of services and features designed to enhance the User experience and facilitate seamless interaction with Primebook’s products and offerings. By accessing the Website, Users can take advantage of the following services and functionalities, including but not limited to:
Explore detailed descriptions, technical specifications, and features of Devices and accessories, enabling Users to make informed decisions about their purchases.
Browse and purchase Devices, accessories, and software through secure payment gateways integrated into the Website. Users can choose from multiple payment options for convenience and security.
Users can create and manage their accounts, track orders, view purchase history, register devices for warranty and access exclusive offers and updates.
Access and download the latest software, drivers, and firmware updates for your Device to ensure optimal performance and security.
Utilize dedicated customer support to raise service requests, report technical issues, track the status of ongoing queries, and engage with the support team for assistance.
Access a repository of blogs, guides, tutorials, educational videos, FAQs, customer testimonials, feedback and other learning materials to assist You in getting the most out of Your Device, software, and related services.
Leverage services and tools provided through partnerships with third-party vendors, including educational software, cloud storage solutions, and productivity applications available for Device users.
Sign up and register for newsletters, software subscription plans, and other value-added services.
The availability of the above services may vary depending on geographic location and other factors.
Primebook reserves the right to add, remove, or modify services provided through the Website without prior notice.
The Services provided through the Website are intended solely for personal, non-commercial use by Users. Any resale, redistribution, or other forms of commercial exploitation of these Services, whether in whole or in part, is strictly prohibited without the Company’s express prior written consent. Unauthorized use of the Services for any commercial purpose, including but not limited to selling, sublicensing, or leasing access to the Services, constitutes a breach of these Terms and may result in legal action.
We will from time to time make available Website updates to improve performance, fix bugs or errors, enhance functionality, and reflect changes to the interface or the features of the Website.
You agree to use the Website only for lawful purposes and in a manner that does not violate the rights of others or restrict, inhibit, or interfere with anyone else's access to or use of the Website.
RESPONSIBILITIES OF THE USER
By using the Website, You agree to these Terms and any additional terms and conditions that may apply to specific features or Services offered on the Website including the terms and conditions and privacy policy of the third parties as specified on its respective website or any other platform.
To use the Website or the Services, individuals must have attained the age of 18 years. However, where local laws require that You must be older for the Company to be able to lawfully provide the Services over the Website to You then that older age shall apply as the applicable minimum age. Where You are under the age of 18 (eighteen) years or the age of majority in Your jurisdiction, You must use the Website under the supervision of Your parents or legal guardians, wherein the parents or legal guardians shall be responsible for the Website access and utilization of Services.
If you are accessing the Website on behalf of a company, limited liability partnership or any other legal entity, You represent and warrant that you have the authority to bind that organization to these Terms and, in such cases, the term ‘User’ as used in these Terms shall refer to such entity.
You shall comply with all applicable laws and regulations.
By utilizing the Website, You expressly authorise the Company to utilize information pertaining to Your actions on the Website to display advertisements, offers, and other content, sponsored or otherwise, across our Services. This authorization is conferred without any requirement for compensation to You.
The User to the Website and/or its affiliated websites does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 and also the rules, regulations, guidelines, bye-laws and notifications made thereunder while assessing or feeding information or data into the computers, computer systems or computer network of the Website. The said User further unequivocally declares that in case he violates any provisions of the said acts and/or rules, regulations, guidelines, bye-laws and notifications made thereunder, it shall alone be responsible for all its acts, deeds and things and that it alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.
USAGE CONDUCT
The Company grants the User limited, personal, non-exclusive, non-transferable and non-sublicensable right to use the Website, subject to the Terms and Privacy Policy and the following specific representations and warranties:
User is under an obligation to use this Website for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website. User shall only access the Website and the Services using authorised and lawful means.
Any configuration or set-up of the devices for access to the Website shall be the sole responsibility of the User.
The Company shall collect, store, process and use the User information in accordance with the Company's Privacy Policy. The use of the Website and submission of Personal Data (if any) (as defined in the Privacy Policy) shall be construed as the User giving consent for the collection and use of information disclosed by the User to the Company, in accordance with the Privacy Policy.
The User shall not knowingly include or use any false or inaccurate information in the personal information.
The User shall not take any action that interferes with, degrades or adversely affects the Company, Website and Services.
The User shall not use the Website and Services, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content.
The User shall not use the Website or utilize the Services in a manner that (a) is prohibited by any law or regulation, or facilitates the violation of any law or regulation, or (b) will disrupt a third party's similar use, or (c) violate or tamper with the security of the Website or the Services.
The User shall ensure that the Website is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on or provide unauthorized access to the Website or any other software, hardware, services or data.
The User shall not attempt to gain unauthorised access to any accounts, computer systems or networks connected to the Website, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to the User.
The User shall not copy, modify, adapt, translate, or reverse engineer any portion of the Website, its content or materials. Further, the User shall not use the Website or the Services to develop or to assist anyone in developing a competitive business, service or for other competitive purposes.
Users shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Services, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Users are also prohibited from modifying, disabling, or tampering with any features of the Services or creating derivative works based on the Services. Furthermore, Users may not rent, lease, lend, sublicense, or provide commercial hosting services with the Services. Any unauthorized use of the Services constitutes a violation of these Terms of Use and may result in legal action..
The User acknowledges that from time to time, the Company may apply upgrades to the Website or the Services and that such upgrades may result in changes to the appearance and/or functionality.
RIGHTS OF THE COMPANY
The Company may at its sole discretion:
Exercise the authority to curtail, temporarily suspend, or permanently terminate User's access to or all segments of the Website or its Services;
Exercise discretion in declining, relocating, or deleting any content that a User may choose to submit.
Perform the action of relocating or deleting any content accessible on the Website.
Institute comprehensive principles and boundaries governing the utilization of the Website and the Services.
Assign its rights and liabilities to all User accounts hereunder to any entity. Further, post the assignment, intimation of such assignment shall be sent to all User’s registered email IDs.
Users hereby grant their consent to receive various forms of communication, including announcements, administrative notifications, and promotional materials from the Company or any entities affiliated with the Company, including its partners and licensors.
The Company retains the right to take appropriate actions against the Users, including but not limited to safeguarding against loss of revenue or reputation, seeking damages, terminating Services or access, and reporting such instances to relevant authorities. In the event of any unauthorized copying, misuse, transmission, or crawling of data, photographs, graphics, or information, the Company reserves the right to undertake suitable measures, including cessation of access, injunction and pursuit of damages.
PRIMEBOOK SOFTWARE – PRIMEOS
Primebook may provide you with updates, upgrades, supplements, and add-on components (collectively referred to as “Updates”) for its Software i.e. PrimeOS and any associated software to enhance functionality and improve your overall User experience. These Updates may include bug fixes, service upgrades, and entirely new versions of the software. Updates may introduce new features and, in some instances, may remove existing functionalities.
While Primebook strives to provide updates as needed, the availability of such Updates may depend on various factors, including your geographic location and the device's compatibility. Certain Updates may require an internet connection and may be subject to the terms and conditions imposed by your internet service provider.
In some cases Your Primebook device may automatically download necessary Updates from time to time. Note that downloading updates via a cellular network may incur additional charges.
Users are encouraged to regularly check for Updates through the “Software Update” section within the device settings to ensure optimal performance.
You shall not transfer, assign, or sublicense the rights granted to you under these Terms, except in conjunction with a sale of the Device that originally included the Software. Any attempted transfer in violation of this provision is void and may result in termination of your access to the Services.
DISCLAIMER OF WARRANTIES AND LIABILITIES
The User understands and agrees that the Company provides the Website on an 'as-is' and 'as available' basis. The User agrees that the use of the Website is at User’s risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for title and non-infringement are disclaimed and excluded.
No representations, warranties or guarantees whatsoever are made by the Company as to:
the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
the quality of any Service, content, information, or other material on the Website will meet the User’s expectations or requirements;
any errors on the Website will be corrected; or
other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third-party content, and disclaims all liabilities arising from or related to third-party content.
The Company does not warrant that any of the software used and/ or licensed in connection with the Website will be compatible with other third-party software or devices nor does it warrant that operation of the Website and the associated software will not damage or disrupt other software or hardware.
Notwithstanding anything contained elsewhere in these Terms, in no event shall the Company be liable to the User or anyone who claims under the User for any costs or loss incurred or suffered by the User or anyone for any Harmful Code (as defined hereinafter) or default, or error, or for any reason who claims under the User, including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. In no event or circumstance shall the Company be under any liability to make good any loss whether by monetary payment or otherwise.
The Company or anyone else involved in administering, distributing or providing the Website further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses computer viruses or other harmful, disabling computer codes, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (‘Harmful Code’) that may be transferred to the User’s devices when accessing the Website. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, trojan horses, worms or destructive code or code that was intentionally written to self-replicate. The User is advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of their devices.
LINKS TO THIRD-PARTY APPLICATIONS, SERVICES AND PRODUCTS
Within the Website, the User may encounter links to other websites or applications that are independently owned and managed by third parties. The User’s interaction with these external sites is subject to the terms and conditions, if any, stipulated by those specific websites or applications. The Company does not exercise control over any websites or applications outside its Website and therefore, disclaims responsibility for the content found on any third-party websites or applications. It is crucial to understand that the Company's inclusion of third-party content or links to third-party websites and applications should not be interpreted as an endorsement or validation of such third-party websites or applications by the Company.
User’s correspondence, transactions/offers or related activities with third parties, including payment processors, are solely between the User and that third party. User's correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party.
User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
The Website amalgamates content that is both originated by the Company and provided by third parties. Notably, the Company does not furnish any warranties concerning the precision, entirety, or quality of content contributed by third parties. Therefore, the Users are explicitly advised against placing unwarranted reliance on third-party content when availing themselves of the Company Services available on the Website.
INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in relation to the Website including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any personal information, intellectual property which belongs to a third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Website or the Services shall vest completely and fully with the Company within and beyond the territory of India and the User shall have no right or claim to such intellectual property in any manner whatsoever.
The Website amalgamates content generated by the Company, its partners, affiliates, licensors and associates. The intellectual property rights may include names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights, (‘Intellectual Property Rights’), governing all foundational software underpinning the Website and the material presented within it, inclusive of, though not limited to, software, advertisements, written contents, photographs, graphics, images, illustrations, trademarks, logos, audios or video clips, and animations, are the exclusive property of the Company, or its partners, or licensors, or associates or any other third party respectively. Users are expressly prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, reproducing, crafting derivative works from distributing, publicly performing, displaying, or in any manner exploiting any materials or content featured on the Website, be it in its entirety or part, without obtaining prior written authorisation from the Company. However, the User shall be the exclusive owner of its intellectual property rights or any information or content created, uploaded, or shared on the Website.
All Intellectual Property Rights, including but not limited to patents, copyrights, trademarks, and trade secrets, in and to the Devices, its Software, and any related documentation are owned by the Company or its licensors. Users acknowledge that they do not acquire any ownership rights in the Intellectual Property through their use of the Device or Software.
The Company grants Users a limited, non-exclusive, non-transferable license to use the Software for personal and non-commercial purposes. It does not permit Users to modify, reproduce, distribute, or create derivative works based on the Software without Primebook’s express written consent.
Users shall bear exclusive responsibility for all content, whether publicly disseminated or privately transmitted, that they upload, post, send via email, transmit, or otherwise share on the Website. Each User affirms and guarantees that they possess full ownership of all Intellectual Property Rights associated with their User's Content and assure that no aspect of their User's Content infringes upon the rights of the Company or any third party.
Furthermore, Users pledge not to showcase or employ the names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights belonging to third parties on the Website.
Users agree not to engage in any activity that infringes upon or violates the Intellectual Property Rights of the Company or any third parties.
Users consent to indemnify and safeguard the Company, along with its directors, personnel, affiliates, and assignees, against any and all expenses, damages, losses, and liabilities, including legal costs and attorney fees, arising from any third-party claims, particularly those related to the violation of Intellectual Property Rights, whether by the User directly or through their actions or inactions.
PRIVACY POLICY
All information collected from Users, including but not limited to personal information, anonymised data and payment information, if any, is subject to the Company’s Privacy Policy.
FEEDBACK
The Company may ask the User to provide feedback and in such case as a participant, the User shall use careful, prudent, and good judgment when leaving feedback on the Website. In the event the feedback violates these Terms, is inappropriate or violates the propriety or privacy of another User, the Company, its partners, affiliates, third party, or any other person in its sole discretion, may delete the User’s feedback or any User postings; and/or report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. As mandated by the law or at the Company's sole discretion, the Company shall cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
The User may contact the Company regarding any inappropriate use of feedback via email at info@primeos.in
The Company does not and cannot review every posting on the Website. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by the User or any other User and the Company shall not be responsible for any ensuing liability.
INDEMNIFICATION
By accepting these Terms and using the Website and utilizing the Services of the Company, the User agrees that the User shall defend, indemnify and hold the Company, its directors, shareholders, officers, Partners and affiliates including their employees, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
User’s access to the Website or utilization of Services;
User’s violation or breach of these Terms or any applicable law or regulation;
User’s violation of any rights of any third party including intellectual property or other rights of any person or entity; or
any third-party claims based upon the content of any communications transmitted by the User.
FORCE MAJEURE
Notwithstanding the limitations or disclaimers outlined in these Terms, the Company shall not be held responsible for any delay or failure in performance, whether directly or indirectly caused, which is beyond their control. This includes but is not limited to, incidents such as internet errors, electrical power failures, damage to computer or telecommunication equipment, labour strikes, disputes, civil unrest, natural disasters, governmental actions, epidemics or pandemics, court or regulatory orders from domestic or foreign jurisdictions, and negligent actions carried out by third parties.
GOVERNING LAW
These terms of use shall be governed and construed under the laws of India and the courts of New Delhi shall have exclusive jurisdiction.
DISPUTE RESOLUTION
In the event of any grievance or issue in relation to these Terms or Services, the User shall first notify the designated grievance officer of the company in writing in accordance with Clause 17 herein below. Upon receipt of the grievance notification, the Company shall resolve the issue amicably with the User. If the Company fails to address the grievance within a reasonable timeframe of receiving the notification, the User may proceed to follow the dispute resolution seeking legal recourse through the competent courts if necessary.
Notwithstanding anything contained herein, the Company shall have the right to proceed against the User for any breach or violation including but not limited to these Terms, Privacy Policy, violations of applicable laws, regulations, or engaging in any illegal activities or for any other reason deemed necessary by the Company. In such cases, the Company reserves the right to initiate legal proceedings directly in the competent courts without the necessity of prior notification or attempted resolution through discussions.
The competent courts situated in New Delhi shall possess exclusive jurisdiction to adjudicate upon all disputes arising from or associated with the Website or Services offered by The Company. This jurisdiction encompasses matters pertaining to the construction, validity, interpretation, and enforceability of these Terms, as well as the rights and responsibilities of the User(s) and the Company. Furthermore, these courts shall have the exclusive authority to grant interim or preliminary remedies in the event of any dispute referred to arbitration. All such concerns and queries shall be subject to governance and interpretation in accordance with the laws of the Republic of India.
Nothing contained in these terms of use shall prevent the Company from seeking and obtaining interim or permanent equitable or injunctive relief, specific performance or any other relief available to safeguard the Company’s interest.
AMENDMENT AND MODIFICATION
The Company reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Website, and you must keep yourself aware of the revisions to the Terms.
MISCELLANEOUS
To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail.
The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Company’s rights under these Terms shall survive any discontinuance of the access or use of the Website.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Any notices to the User from the Company regarding the Website or these Terms shall be posted on the Website.
The Company reserves the right to assign any rights as it deems fit to any third party whatsoever.
GRIEVANCE REDRESSAL OFFICER
The Company is committed to addressing User grievances promptly. For internal resolution, Users can contact customer support. If dissatisfied, escalate the matter to the Grievance Officer. The Company pledges fair and timely redressal, and no retaliatory action will be taken against Users for raising grievances in good faith. The Company reserves the right to modify the grievance redressal mechanism, with any changes communicated on the Website.