/ Terms of use

Terms of Use

1. Acceptance

This is an agreement between you ("you" or "your") and Pulse91 Limited, a company incorporated under the Companies Act 1956 with its registered office at Building M, 501-B, Palm Court Complex, Besides Goregaon Sports Club, New Link Road, Malad (W), Mumbai 400 064 ("Pulse91" "we," or "our") that governs your use of the search services offered by Pulse91 through its website www.Pulse91.com ("Website"), telephone search, SMS, WAP or any other medium using which Pulse91 may provide the search services (collectively "Platforms" ). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions ("Terms").

2. Description of service and content policy

Pulse91 communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Pulse91 has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .

Pulse91 reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Pulse91. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only.

3. PRIVACY

(I).Your privacy is very important to us. Your accounts details in as much as the services under this terms of services are safe and secure with us.
(II).By using our Service, you may receive information about Customers. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Customer.

4. PUBLICITY

Merchant hereby agrees and confirms to include the name and logo of Pulse91/JD Pay Services in all of their advertisement / promotional material upon taking written consent from Pulse91 in writing.

5.TERMS OF SERVICE (JD PAY Receiver)

JD PAY TERMS OF SERVICE are a legally binding agreement between Merchant (hereinafter referred to as “You”), and Pulse91 Limited (hereinafter referred to as "Pulse91"), and apply to your use of JD PAY Services. Pulse91 offers a payment service solution that allows users to make a payment for goods or services.

It is important that you read and understand these Terms as they govern your use of the JD PAY Services. Terms contain a binding arbitration provision, which affects your legal rights and may be enforced by the parties. By accessing or using the JD PAY Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the JD PAY Services.

We may amend these Terms at any time by posting a revised version on www.Pulse91.com or any other website we maintain for purposes of providing the JD PAY Services. Amended Terms are effective at the time we post them and your continued use of the JD PAY Services constitutes your acceptance of any amended Terms. We may notify you regarding upcoming Terms changes by us.

6. OBLIGATION OF THE MERCHANT

Merchant shall be responsible for working with the Pulse91 development team to make sure JD Pay Services are available subject to pre notified downtime of the system.

Merchant will designate an Account to which all amounts due pursuant to JD Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to Pulse91. Pulse91 shall not credit amounts due pursuant to JD Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc..

Merchant hereby expressly authorizes Pulse91 to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with Pulse91, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.

7. DORMANT ACCOUNTS

If there is no activity in your Pulse91 Account (including access or payment transactions) for a period of one (1) year, we may close your Pulse91 Account.

8. limitations of liability

IN NO EVENT SHALL Pulse91 BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Pulse91 ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. Pulse91 DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.

THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9.WARRANTIES AND INDEMNITIES:

(I).The Merchant warrants and represents that all information provided to Pulse91 in the course of applying to use the JD PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
(II).The Merchant warrants that it will conduct its business in the Territory and that it will only use the Services and/or receives Payments within the Territory. The Merchant warrants and represents that the sale and purchase of goods and services by Users/Customers and the integration of JD PAY meet all Applicable Law in the Territory and the provision of the Services by Pulse91 will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, Pulse91 may terminate this Agreement immediately.

10.TERMINATION

Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing to that effect to the other party.

The Parties have right to terminate this Agreement forthwith by a notice in writing to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.

In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.

11. SECURITY AND UNAUTHORISED PAYMENTS

We give you the opportunity to choose a password to gain access to the JD Pay Services itself or to various features within the JD Pay Services. As long as the correct Password is entered (or if you elect not to use a Password), we will assume that you are the person giving instructions and making payments or fund transfer and you will be liable for them. You must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate you. In addition, for the avoidance of doubt, if you disclose the Password to any person whom you authorise to access the JD Pay Services, you are also responsible and liable for any access, use, misuse or disclosure of your Password by such person.

We can refuse to act on any instruction including where we believe an instruction: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; (iv) if we believe the JD Pay is being used for an illegal purpose; or (v) may harm our reputation.

12. DISCLAIMER

1.WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
2.THE JD PAY SERVICES IS PROVIDED "AS IS" "WHERE IS", "WITH ALL FAULTS" BASIS. WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE JD PAY.

WE MAKE NO WARRANTY THAT THE OPERATION OF THE JD PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.

13.SYSTEM COMPLAINTS AND DISPUTE RESOLUTION

For Redressal of disputes/complaints you can email to us at pulse91@gmail.com, with brief details of your complaint or call on our hotline No. 9897007932. Our customer service staff will acknowledge and redress your complaint on best effort basis.

14. GENERAL

1.We reserve the right to modify or terminate the JD Pay Services at any time, without notice, and we will not be liable to you as a result of any such action.
2.Pulse91 shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
3.This Agreement constitute the entire Agreement between Merchant and the Pulse91 pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
4.The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.

In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Pulse91 and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.