Pineapple

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    TERMS AND CONDITIONS

    The website “www.pineappleconsulting.biz” and all other associated/ancillary applications, and services (“Website”) are property of and managed by Pineapple Consulting Pvt. Ltd., a company incorporated under the Companies Act, 2013 having its registered office 714-715, Goldcrest Business Park, Behind HDFC Bank, LBS Rd, Ghatkopar (W), Mumbai – 400086, Maharashtra (hereinafter referred to as “Pineapple Consulting”/ “Company” which expression shall, unless it be repugnant to the context thereof, be deemed to include successors and permitted assigns).

    For the purposes of these Terms and Conditions of use and access (“T&C”), accessing of and/or using the Website for viewing the services of the Company or accessing the credentials and/or information of the Company made available or disseminated or uploaded therein, including all information, tools and services made available shall hereinafter collectively be referred to as the “Services”.

    As used herein, “Users” shall mean anyone who uses or accesses the Website/ Services /Platform on any computer, mobile phone, tablet, console or any other device (hereinafter collectively referred to as “Device”).

    In these terms and conditions references to “we, our, us” are to Pineapple Consulting, the Company. References to “our Website” or “the Website” are references to www.pineappleconsulting.biz.

    Acceptance of terms

    By accessing the content of the Website you agree to be bound by the terms and conditions set out herein and you accept our Terms and Conditions. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or Services on the Website and leave immediately. You agree that you shall not use the Website or Services for illegal purposes and that you shall respect all applicable laws and regulations with respect to the usage of Website or Services. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.

    Modification

    We reserve the right to update or modify these T&C at any time without prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&C, as updated, or modified. For this reason, we encourage you to review these T&C each time you access and use the Services. The Company reserves the right to update the Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation. Please note your continued use or access of the website shall at all times be deemed to be your consent to be bound by the existing T&C as modified from time to time.

    Eligibility

    You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules, and regulations;
    If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as the Company may require in connection therewith.
    A User is responsible to verify that the use of this Website is for lawful purposes only. Therefore, any User who accesses the Website from within India or outside shall access the Website entirely at their own risk and shall remain responsible for compliance with the laws of their jurisdiction. In addition to the provisions relating to the absence of liability of Website, the indemnity from the User on the use of the Website for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these T&C for any reason whatsoever in favour of the Website owners and its licensors.
    It is clarified that the Company makes no claim that the Services on the Website, are appropriate, accurate, reliable, or updated, suitable, or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and the Company at all times shall remain indemnified.

    Limitation of liability

    Pineapple Consulting will under no circumstance be liable for indirect, special, direct, incidental or consequential damages including without limitation any loss of business, revenue, profits, or data in relation to or arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.

    Intellectual Property Rights Policy

    All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks (whether or not registered), trade names, trade secrets (“Service Content”), constitute Company’s intellectual property. Further, the Company may also from time to time at its own discretion display the copyright works or intellectual property of their various Clients in order to showcase their services, such intellectual property shall at all times belong solely to the respective Clients of the Company, the Company at no time claims to own any copyright or intellectual property of their Clients, further Copyright laws in all applicable jurisdictions protect the Services and the Services Content;
    You may access the Services, avail of the features and facilities and utilize the Service Content for your personal reference or internal decision-making requirements to evaluate the quality of Services provided by the Company only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Service Content, features or facilities, directly or indirectly, except as expressly authorized herein.

    The Company is the sole owner of the underlying software and source code associated with Website and all the trademarks (whether or not registered), copyright and any other intellectual property rights of any nature on the Website;
    All intellectual property of Pineapple Consulting such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the website remain the property of Pineapple Consulting. By using the Website you agree to respect the intellectual property rights of Pineapple Consulting and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purposes any material contained within the website.
    The Company reserves the right to initiate legal action against any exploitation of the Service Content whether or not utilised for commercial gain, the same shall amount to unauthorised usage of Service Content.

    User Communications

    Accepting these T&C implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using prerecorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.

    Accuracy of materials

    The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the material on the Website is accurate, complete or current. While the Company may make changes to the material made available as the Services or on the Website at any time without notice, however, it is under no obligation to update the material.

    Third parties

    The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

    Disclaimers

    All the websites linked to the Website are not verified by the Company and inclusion of any link does not imply endorsement by the Company and usage/ access of/ to any such linked website is at the user’s own risk. The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
    You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.

    Severance

    If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

    Waiver

    Any failure on the part of the Company to require performance of any provision of these T&C shall not affect its right to the full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

    Validity of T&C

    These T&C shall apply throughout your usage and access of the Website and shall remain valid and binding at all times during your usage of the Website.

    Governing Law and Jurisdiction

    These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with the laws of India. By using the Services, you hereby irrevocably consent to the exclusive jurisdiction of the competent Courts at Mumbai, India, in the event of any disputes arising out of or in relation to your access to and use of the Services.

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