Terms & Conditions
Introduction
Pirafy Technology Private Limited offers anti-piracy services, brand protection, reputation management, and business intelligence. The services include eliminating digital piracy, removing counterfeit products from ecommerce platforms, knocking off credential reselling, brand monitoring for fake profiles, and analysing existing systems for loopholes under the brand name of Pirafy(“Pirafy”, “We”, “Us” or “Our”) and www.pirafy.com (“Site”, “Website” or “Platform”) is a platform to disseminate information about the aforementioned services and make these services available to users (“User”, “You” or “Your”) of the Site.
This Website uses cookies. By using this Website and agreeing to these terms and conditions, You consent to the use of cookies by the Pirafy Technology Private Limited, in accordance with the terms of the Privacy Policy.
By using the Website or services, you agree that you are lawfully competent to enter into terms, conditions, obligations, representations and responsibilities set forth in these Terms of Use (“Terms”), and to abide and comply with the Terms in accordance with the provisions of the Indian Contract Act, 1872.
Pirafy reserves the right to modify, alter, amend, rescind or reinstate the Terms partially or in its entirety at any time at its sole discretion by posting any changes or revised Terms on the Site. Pirafy shall notify You of any changes or modifications in the Terms through e-mail or by indicating at the top of the Terms the date it was last modified. The Terms or any of its modifications or amendments shall come into force immediately after being posted on the Site. Your continued use of the Site shall constitute Your acceptance of the Terms.
Please review the Terms periodically to ensure that You understand the terms and conditions governing Your use of the Site. PLEASE READ THE TERMS CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS SITE. BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU ARE NOT ENTITLED TO ACCESS OR USE THE SITE OR THE SERVICES PROVIDED BY BYTESCARE.
THESE TERMS ARE PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF (INDIAN) INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.
Acceptance of Terms of Use
The User agrees and undertakes to abide by the Terms by accessing and using the Website. Further, the Privacy Policy shall be read in conjugation to the Terms. Every effort has been made to ensure that the information contained on the Site is correct. By accessing or using the Website, You signify that you have read all of the Terms (including the Privacy Policy), and You agree to be bound by the same. If You do not agree with these Terms, please do not access or use the Website.
Users Accounts
You may need to register yourself and make an account to use certain Services on the Site by providing true, accurate, up-to-date and complete information about yourself. The confidentiality of the account and password shall be the duty of the User and You agree to unconditionally accept the responsibility for all activities that occur in Your account. Additionally, You are forbidden from selling, trading or otherwise disposing of or transferring Your account to another person. Pirafy shall not be liable in any shape or form for any activity on Your account in contravention of these Terms.Pirafy reserves the right to refuse service, terminate accounts, remove or edit content accessible to a User’s account in its sole discretion.
Electronic Communication
You consent to receive communications from us electronically such as e-mails, texts, mobile push notifications or notices and messages on this Site and You can retain copies of these communications for Your records. You unconditionally agree and acknowledge that all communications, notices, disclosures and any other communications that Piraf provides You electronically shall satisfy all legal requirements that such communications be in writing for the purposes of the applicable laws in India.
Disclaimer and Limitation of Liability
Pirafy makes no representation, express or implied, as to the accuracy of the information and data contained on this Site and is not responsible for controlling how or when Our Services are used. The Services are provided on an “as is” or/and on an “as available” basis. Without prejudice to anything contained herein, we disclaim any and all warranties, whether express or implied, for any Services or other content offered on or through this Site. You agree and acknowledge, by the use of the Site, that Your use of the Site is at Your own and sole risk.
We do not assume any liability for monitoring the Services for content that is offensive, pornographic, indecent or otherwise objectionable, as well as content containing harmful data, viruses, technical inaccuracies, ommissions or typographical errors.
Please note that the User’s use of or interaction with third party services/websites shall be governed by their own terms and privacy policy and Pirafy shall not be, in any shape, way or form, responsible for the contents or material of any third party site.
You unconditionally agree and acknowledge that in no event shall Pirafy, its directors, employees, agents, affiliates or licensors be liable for any direct, indirect, incidental, special or consequential damages in connection with the Terms or provision of the Services in any manner whatsoever, including liabilities arising out of:
- The use or the inability to access and use the Services
- The cost of procuring substituted services or any losses incurred due to any fault or defect in the Services rendered
- Any services subscribed to or transactions entered into through the Site, or
- The acts or omissions of our representatives/employees performing the Services on behalf of Pirafy.
This limitation of liability shall apply regardless of a failure of the essential purpose of any other remedy provided by Pirafy.
Indemnification
The User agrees and undertakes to indemnify and hold Pirafy and its directors, employees, officers, agents, affiliates and licensors harmless from any loss, liability, claim or demand, including reasonable attorneys’ fee, arising out of or related to Your breach of the Terms, or Your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms, or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall operate in perpetuity
Termination
The Terms shall remain effective unless and until terminated by either You or Us. You may terminate the Terms at any time, provided that you discontinue any further use of this Site. We reserve the right, in Our sole discretion, to restrict, suspend or terminate any User’s use of and/or access to the Services, without notice to the User. Following termination, You will not be permitted to use the Site.
All provisions of this Terms which by their nature should survive termination shall survive termination.
Users Obligations and Responsibilities
In the access or use of the Website, You shall comply with the Terms and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the applicable laws, customs and in good faith. You shall not make any changes or alteration to the Website or any content or Services that may appear on this Website, You must not use any of the website generated data by users execution for public sharing since all the data generated upon confirming the url you put on the website is only for your personal and private use, You must not use the website to download files or transfers to Cloud Drives (Google Drive, Dropbox, Mega, pCloud etc.) that you do not own proper rights in your country, You must not use the website generated data by users execution for commercial or any other unlawful purpose and You may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of the Terms, if You wilfully or negligently contravene any of the obligations set forth in the Terms, You shall be liable for all the losses and damages that this may cause to Pirfay, its affiliates, partners or licensors.
Assignment
We reserve the right to transfer your account and account information, rights and/or obligations under the Terms to a third party, who purchases our business, and the User unconditionally waives off the right to object to any such assignment or transfer by Pirafy.
Force Majeure
We shall not be liable of performance of any service or obligation under the Terms if such performance is prevented, restricted, delayed or interfered with, by reason of labor disputes, strikes, lock outs, acts of God, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of raw materials from a natural source of supply, utility or communication failures, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, which are beyond the reasonable control of Pirafy or its third party affiliates, and could not have been prevented by reasonable precautions.
Licence to use Website
Unless otherwise stated, Pirafy and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content, from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
- republish material from this website (including republication on another website)
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
User Content
In the Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Pirfay a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Pirafy the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against You or Pirafy or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Pirafy reserves the right to edit or remove any material submitted to this Website, or stored on Pirafy's servers, or hosted or published upon the Website. Notwithstanding Pirafy's rights under the Terms in relation to user content, Pirafy does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Reasonableness
By using the Website,You agree that the exclusions and limitations of liability set out in the Terms are reasonable.
Unenforceable Provisions
If any provision of the Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms.
Severability
If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
The Terms, together with the Privacy Policy, constitute the entire agreement between You and pirafy in relation to Your use of the Website, and supersede all previous agreements in respect of your use of the Website.
Law and Jurisdiction
The Terms shall be governed by and construed in accordance with Indian Laws, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New Delhi, India.