Terms of Use

Last updated on February 5, 2025

Welcome to PointerUp’s Terms of Use for Website and Application

This Website and Application is created and operated by APZZO TECHNOLOGIES PRIVATE LIMITED. This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

APZZO TECHNOLOGIES PRIVATE LIMITED is a private limited company headquartered at No. 8, First Floor, Sivavera Anjaneyar Kovil Street, Porur, Chennai, Tamil Nadu 600116. We operate under the brand name PointerUp. For any inquiries, you may contact us via email at contact@pointerup.com. Our services are provided through our website (https://pointerup.com) and mobile applications available on Apple App Store and Google Play Store.

Our Company specializes in developing innovative applications tailored to meet the diverse needs of our users. PointerUp provides a unique platform where customers can subscribe to plans and use the application to create custom applications suited to their specific purposes. With input provided by the customers, the application automates the app development process, enabling users to design and develop their own apps seamlessly. This service caters to businesses and individuals seeking efficient, personalized, and professional app development solutions, combining cutting-edge technology with user-friendly interfaces.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access or usage of https://pointerup.com

The Platform provides Software-as-a-Service (SaaS) solutions, marketplace services, and inventory e-commerce capabilities. It serves a dual purpose of offering access to physical goods, digital goods, services, and informational content. The Platform is intended for business use and is designed to cater to the needs of companies and professionals seeking efficient tools for their operations.

Understanding that every individual’s path is unique, we offer personalized care crafted with the highest level of expertise. While outcomes may vary, we encourage you to explore what aligns best with your needs. Our team is here to support you at every stage of your journey.

We respect you and take the information provided by you very seriously and hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us. The creator of these Terms of Use ensures your steady commitment to the usage of the Website and Application and the services provided by the PointerUp on the Website and Application “https://pointerup.com”.

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Website and Application and/or the PointerUp, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Website and Application provided by the PointerUp and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Website and Application, Platform or individual apart from the Users and the creator of this Website and Application. “Website and Application” refers to the Website and Application created by the PointerUp. 

1. GENERAL TERMS:

  • The headings of each section in these Terms of Use or Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Use and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the Users. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on You using the Website and Application.
  • The use of this Website and Application by You is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Website and Application and any modifications or amendments made thereto by Us from time to time, at our sole discretion. If You as a User continue to access and use this Website and Application, You are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
  • You expressly agrees and acknowledges that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  • The Platform does not offer any professional advice, including legal, medical, or financial advice. Users are advised not to rely on the Platform for any such purposes.
  • You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Website and Application, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on You and that your act of visiting any part of the Website and Application constitutes the User’s full and final acceptance of these Terms of Use and the Privacy Policy.
  • We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agrees that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Website and Application at once. Your continued use of the Website and Application will signify your acceptance of the changed terms.

2. REGISTRATION:

a.   You are required to register yourself on the Website and Application in order to avail the Website and Application and its services. For the purpose of registration, you shall be required to provide the Email Id on the registration link available on the homepage of the Website and Application.

  • To use certain features of the Platform, users must register an account. Registration is restricted to individuals who are 18 years or older. By creating an account, you confirm that you meet this age requirement. During registration, you may be required to provide personal details such as your name, age, address, location, and payment details. You can register using a valid email address, mobile number, or through integration with social media accounts. Ensuring the accuracy of the provided information is your responsibility.
  • The Registrations shall be deemed complete only upon your’s authentication and verification of your’s details through email authentication.
  • Upon successful registration, users may gain access to services provided by the Platform.
  • As a responsible Website and Application, we do not let you link your social media with the Website and Application for registration purpose or otherwise.

3. ELIGIBILITY:

  • You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are minor using this Website and Application, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
  • You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  • You shall not use the Website and Application if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

4. PAYMENT GATEWAY:

        For making all payments, you shall be required to make payment for which you will be redirected to a third party payment gateway that we may have an agreement with. The Platform integrates with secure payment gateways to facilitate transactions. Users can make one-time purchases or opt for recurring subscriptions. Subscription plans renew automatically on a monthly or yearly basis, depending on the user’s selected plan. We offer a 30-day money-back guarantee applicable only for the first 30 days following the initial payment. Refund requests submitted after this period will not be entertained. All transactions must comply with applicable terms outlined at the time of purchase.

5. CONTENT:

  • All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Website and Application. 
  • All the Content displayed on the Website and Application is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.
  • You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Website and Application and whilst feedback and comments by You can be made via the Website and Application, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website and Application. Further, the Website and Application reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website and Application or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
  • You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website and Application. You shall not copy, adapt, and modify any content without written permission from Us.

6. INDEMNITY:

a.   You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

  • Your use of the Website and Application, 
  • Your violation of these Terms of Use; 
  • Your violation of any rights of another; 
  • Your alleged improper conduct according to these Terms of use;
  • Your conduct in connection with the Website and Application; 
  • You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.

b.   In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and Application and/or the Services or materials contained therein.

7. LIMITATION OF LIABILITY

a.  To the maximum extent permitted by law, the Company’s liability for any claims arising out of the use of the Platform or its services shall not exceed the amount paid by the user to the Company in the 12 months preceding the claim, or Rs.1,00,000, whichever is lesser. This limitation applies to all claims, including but not limited to breach of contract, negligence, and statutory violations.

b. The Founders/ Promoters/ Partners/ Associated people of PointerUp are not responsible for any consequences arising out of the following events:

  • If the Website and Application is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
  • If you have fed incorrect information or data or for any deletion of data;
  • If there is an undue delay or inability to communicate through email;
  • If there is any deficiency or defect in the Services managed by Us;
  • If there is a failure in the functioning of any other service provided by Us.

c.   The Website and Application accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website and Application or any service availed of by Us through the Website and Application. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website and Application.

d.   You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.

e.   The Website and Application expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and Application and which is incurred by you in connection with the Website and Application, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

f.    To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website and Application.

8. TERM:

  • These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continues to access and use the Website and Applications.
  • You may terminate your use of the Website and Application at any time. 
  • We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Website and Application at any time and for any reason, if any discrepancy or legal issue arises.

9. TERMINATION:

       We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website and Application, or any portion thereof, at any time, without notice or cause. 

10. COMMUNICATION:

  • By using this Website and Application and providing Your identity and contact information to Us through the Website and Application, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
  • You can report to “contact@pointerup.com” if you find any discrepancy with regard to Website and Application or content-related information and We will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
  • Users will not be notified of changes to these terms via email. We do not communicate directly with users unless necessary for account management or support. No analytics are collected from users without their knowledge.
  • You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Website and Application or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

11. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT:

You agree and acknowledges that you are a restricted user of this Website and Application and you: 

  • Users are expected to adhere to certain responsibilities and restrictions. Prohibited actions include uploading fake documents, misusingmdata, and sharing documents without proper consent. Users are solely responsible for any content they upload, affirming they have the necessary rights and permissions. The Company reserves the right to remove content that violates these Terms. 
  • Agree to provide genuine credentials during the process of registration on the Website and Application. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information. 
  • Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
  • You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
  • Understand and acknowledge that the data submitted is manually entered into the database of the Website and Application. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website and Application.
  • Authorize the Website and Application to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
  • Understand and agree that, to the fullest extent permissible by law, the Website and Application or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website and Application or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website and Application. Any such use/limited use of the Website and Application will only be allowed with the prior express written permission. 
  • Agree not to access (or attempt to access) the Website and Application and/or the materials or Services by any means other than through the interface provided by the Website and Application. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website and Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website and Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website and Application will lead to suspension or termination of your access to the Website and Application. We disclaim any liabilities arising concerning such offensive content on the Website and Application. 
  • Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website and Application is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website and Application, at our sole discretion.

You further undertake not to: 

  • Engage in any activity that interferes with or disrupts access to the Website and Application or the Services provided therein (or the servers and networks which are connected to the Website and Application);
  • Users may not use the Platform for unlawful purposes and must comply with applicable local laws and regulations. Users are permitted to collect data in accordance with the data protection and privacy laws of their respective countries.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • Probe, scan or test the vulnerability of the Website and Application or any network connected to the Website and Application, nor breach the security or authentication measures on the Website and Application or any network connected to the Website and Application. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website and Application, or any other viewer of the Website and Application, including any User account maintained on the Website and Application not operated/managed by the User, or exploit the Website and Application or information made available or offered by or through the Website and Application, in any manner;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website and Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Application or any affiliated or linked  and Website and Applications.
  • Users are prohibited from using the Platform to promote or engage in any illegal activities, including but not limited to fraud, money laundering, and piracy. The use of the Platform for any unlawful purpose or in violation of applicable laws, regulations, or legal standards is strictly forbidden. Furthermore, users must not upload or distribute harmful content, such as viruses, malware, or any disruptive code, which could compromise the security or functionality of the Platform. Unauthorized access, including attempts to hack, bypass, or gain entry to the Platform’s systems, data, or user accounts, is strictly prohibited. This includes the use of bots, crawlers, or other automated tools to access or interact with the Platform without authorization;
  • Spamming, including sending unsolicited messages, advertisements, or other forms of misuse through the Platform, is also forbidden. Users must refrain from any actions that disrupt other users’ experiences or manipulate platform functionalities. Harassment, abuse, or harm directed toward other users, employees, or third parties through the Platform is strictly prohibited, as is discriminatory, defamatory, or offensive behavior in user-generated content or communications.
  • Users must not violate intellectual property rights by uploading, sharing, or distributing copyrighted materials, trademarks, or proprietary content without proper authorization. The Platform’s services and proprietary content may not be exploited for unauthorized commercial purposes. Redistribution, reselling, sublicensing, or exploitation of the Platform’s services without explicit permission from the Company is not allowed.
  • Activities that overload the Platform, such as excessive data requests, automated scripts, or actions that compromise normal operations, are considered prohibited. Users must avoid any behavior that could lead to system disruptions, such as denial-of-service (DoS) attacks. Providing false, misleading, or fraudulent information during account registration or Platform usage is also prohibited. Lastly, users are restricted from promoting or linking to third-party websites, services, or content that violate these Terms or applicable laws.
  • Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website and Application;
  • Violate any applicable laws, rules or regulations currently in force within or outside India;
  • Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Website and Application contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  • Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Website and Application;

Further: 

  • You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Website and Application might be directed to disclose any information (including the identity of persons providing information or materials on the Website and Application) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  • By indicating Your acceptance to use any services offered on the Website and Application, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
  • You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
  • You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the Website and Application without prior intimation whatsoever.
  • You agree not to post any material on the Website and Application that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:    

          a.  belongs to another person and to which you have no right to;

          b.  is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

          c.   is in any way harmful to minors;

          d.   infringes any patent, trademark, copyright or other proprietary rights;

          e.   violates any law for the time being in force;

          f.  Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

          g.   Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

          h.   The platform may provide general legal advice, property pricing estimates, or market insights. However, these are for informational purposes only and should not substitute professional advice tailored to individual needs. The Company does not guarantee the accuracy of property details or data sourced from third parties. Liability for any claims is limited to the amount paid by the user for the specific service, with maximum liability determined based on the nature of the service.

12. DATA RETENTION:

  • The Company is committed to protecting user data and ensuring its responsible management. User data collected during the use of the Platform will be retained for a period of two years from the date of the user’s last interaction with the Platform. This retention period allows us to meet operational, legal, and regulatory requirements. Upon the expiration of this period, all data will be securely deleted or anonymized, unless a longer retention period is mandated by applicable laws.
  • Users may request the deletion of their data before the end of the standard retention period by submitting a formal request to the Company. These requests will be processed in compliance with the terms outlined in our privacy policy and subject to applicable legal obligations. Please note that certain data may need to be retained for purposes such as dispute resolution, enforcing agreements, or complying with regulatory requirements.
  • The Company employs industry-standard security measures to safeguard user data during the retention period and ensure that unauthorized access, use, or disclosure is prevented. For additional details on how data is collected, stored, and managed, users are encouraged to review our privacy policy.

13. SUSPENSION OF USER ACCESS AND ACTIVITY:

        Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit the You access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Website and Application, and/or refuse to the usage of the Website and Application,without being required to provide you with notice or cause:

  • If you are in breach any of these Terms of Use or the Privacy Policy;
  • If you have provided wrong, inaccurate, incomplete or incorrect information;
  • If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
  • Users may not use the Platform for unlawful purposes and must comply with applicable local laws and regulations. Users are permitted to collect data in accordance with the data protection and privacy laws of their respective countries.

14. INTELLECTUAL PROPERTY RIGHTS:

  • Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Website and Application’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and Application and other distinctive brand features of the Website and Application are the property of the Website and Application or the respective copyright or trademark owner. Furthermore, concerning the Website and Application, we shall be the exclusive owner of all the designs, graphics and the like, related to the Website and Application.
  • You shall not use any of the intellectual property displayed on the Website and Application in any manner that is likely to cause confusion among existing or prospective Users of the Website and Application, or that in any manner disparages or discredits the Website and Application, to be determined in the sole discretion.
  • You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Website and Application through which the You can communicate with other users and the Website and Application does not own any of the intellectual property relating to the independent content displayed on the Website and Application, apart from created graphics and specified content.
  • You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

15. DISCLAIMER OF WARRANTIES AND LIABILITIES

  • You further agree and undertake that you are accessing the Website and Application at your sole risk and are that you are using the best and prudent judgment before availing any features on the Website and Application or accessing/using any information displayed thereon.
  • You agree that any kind of information, resources, activities, recommendations obtained/availed from Website and Application, written or oral, will not create any warranty and we disclaim all liabilities resulting from these. 
  • We do not guarantee that the features and content contained in the Website and Application will be uninterrupted or error-free, or that the Website and Application or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Website and Application.
  • It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.
  • While we strive for our Expert Services to be beneficial, it is important to understand, agree, and acknowledge that they may not be suitable for everyone’s needs or appropriate for every specific situation. Our services may not serve as a substitute for certain mental health requirements that necessitate in-person therapy services, such as active substance withdrawal or anorexia nervosa treatment.

16. FORCE MAJEURE:

        We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

17. DISPUTE RESOLUTION AND JURISDICTION:

  • It is expressly agreed to by You hereto that the formation, interpretation, and performance of these Terms of Use and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by You that the contents of this Section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy. 
  • Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by Us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai, Tamil Nadu, India. 
  • You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

18. MISCELLANEOUS PROVISIONS:

   a.   Entire Agreement:   

        These Terms of Use, read with the Privacy Policy, form the complete and final contract between the You and Us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

   b.  Waiver:   

        The failure of either Party at any time to require performance of any provision of these Terms of Use shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use. 

   c.  Severability:   

        If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.  

   d.  Changes to Terms:   

        The Company reserves the right to update or modify these Terms at any time. Changes will be communicated to registered users via email. Continued use of the Platform after changes have been implemented constitutes acceptance of the revised Terms.

   e.  Changes to Terms:   

        If you have any questions about these Terms of Use or the Privacy Policy, the practices of the Website and Application, or your experience, you can contact us at “contact@pointerup.com”