Proteus VentureLLP (Hereinafter referred to as “The Mesh” or “We” or “Us” or “Our”) has developed a Mobile/Website Application in the name and style of Primus (“Primus”) for their respective clients. We welcome you (the “User(s)”, or “you” or yours)to us primary website at http://www.primusco.work (“Website”, “Site”) as well as any other media form, media channel, mobile website or mobile application (“Application”, “App”) for Android devices related or connected thereto(collectively, the “Platform”) is owned and operated by the Mesh powered by Proteus Venture LLP with its registered address at A4, Ruturaj Apartments, Juhu Road, Santacruz (West), Mumbai – 400 949, State: Maharashtra, Country: India.
3. ACCEPTANCE OF TERMS:
aware of your legal rights and responsibilities with respect to your
access to and use of the Platform. These Terms are effective for all
existing and future users.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE PLATFORM AND/OR THE SERVICES IN ANY MANNER.
- “Platform” shall mean and include website and mobile applications (as may be specified by The Mesh), available on the Google Play Store for Android devices, which may be used or accessed from any mobile phones, tablets and/or any other such devices running the latest versions of the Android operating systems (or any other version as may be specified by The Mesh, from time to time).
- “We”, “Us”, or “Our” means The Meshpowered by Proteus Venture LLP.
- “Content” means and includes, without limitation, any information, data, text, user profiles, software, tags, graphics, analytics, and interactive features generated, provided, or otherwise made accessible or inputted either by you or by Us or Our partners or Sponsors on or through the platform.
- “Service(s)” means services provided via the platform and the Services provided through the platform may change from time to time, at the sole discretion of The Mesh.
- “User” or “You” or “Your” refers to you, shall mean any registered User of the Platform and the Services, or his/her representatives or affiliates who are registered on the Platform.
5. UPDATION OF TERMS:
The Mesh may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible to review periodically these Terms and ensure continued compliance with these Terms. Your use of the Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and you also agree to be bound by such changed/amended Terms.
6. THE PLATFORM AND THE SERVICES:
Through the Platform, the users of The Mesh will be able
to search, call, book a table, inquire information, etc. of various
restaurants that are available on Primus, in and around Mumbai and Pune
and will further enjoy various promotional benefits provided by The
Mesh. The Platform may provide you with comprehensive information
regarding, inter-alia, available spaces in the restaurants including
their descriptions, photos, and pricing, special offers, and so forth,
including any other content related thereto such as contact information,
videos, text, files, logos, button icons, images, data compilations,
links, other specialized content, technical data, documentation,
know-how, specifications materials, designs, data, the “look and feel”
of the Platform, algorithms, source and object code, interface, GUI,
interactive features related to graphics, illustrations, drawings,
animations, and other features obtained from or through the Platform
(collectively, the “Content”).
All rights in and to the content available on the platform are reserved to The Mesh or its licensors. To the extent legally permissible, the platform and the content available therein are provided on an “as is” basis. The Mesh will not be liable for any damages or loss incurred to you or any other person. As a result of or in connection with your use of the platform and/or the content available therein. Your use of the services and/or the platform and/or the content available therein is entirely at your own risk.
*Booking of the time slot will be subject to availability only.
7. REGISTRATION AND ACCOUNT INTEGRITY:
These Terms organize the registration process and use of
the Platform and the services offered therein. Each user accessing the
Platform and registering there must read and accept them prior to
registration. As part of the registration process/for creating your
provide us with your phone number, PAN number and aadhar card number
(which will be verified via a one-time password/ API), name, your email
ID, the name of your organization/company, and you are/ your company’s
bank account details. On the creation of your account, your log-in
credentials (i.e., your username/email-ID and password) will be stored
on and memorized by the Platform, unless you are specifically log-out of
your account. This feature is enabled to ensure that you remain
signed-in even when you close the Platform, and you do not have to sign
in again each time you re-open the Platform. It is your responsibility
to ensure that the information you provide is accurate, secure, and not
misleading. You can then create an account and password for yourself.
You cannot create an account username and password using (i) the names
and information of another person; or (ii) using words that are the
trademarks or the property of another party (including ours); or (iii)
words that are vulgar, obscene or in any other way inappropriate. We
reserve the right with or without notice to suspend or terminate any
account in breach of the above conditions.
On the creation of your account, you can modify your login credentials at any time. If for any reason you suspect that your username and password has been disclosed to or obtained by another party, you should contact us immediately. Please note that we never contact Users requesting them to confirm their username, password or any other details, except when the User is signing into the Platform.
8. ELIGIBILITY TO USE THE SERVICES:
Compliance with Laws: The Platform is available only to
individuals who possess the legal capacity to understand and agree with
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms. Therefore, you hereby represent and
warrant that you are at least eighteen (18) years of age or above to
form a binding agreement under any applicable law, to use the Platform
in accordance with these Terms, and to fully perform your obligations
As a condition of your use of this Platform, you warrant that (i) all information supplied by you on this platform is true, accurate, current and complete, (ii) if you have a Primus account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
You are solely responsible for the activity that occurs on your account (including those of other users) and for maintaining the security of the platform and any information you input to the platform. We are not responsible for the accuracy or legitimacy of any information, data, or Content uploaded or posted by you or any of your employees/agents on the platform during your usage of the Services. Any reliance by you on any information or Content provided by any other user will be your responsibility. You understand and agree that we will not be liable for any damages, losses, harm or costs incurred by you as a result of your reliance on any information provided by any other user. You will immediately notify us in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party (ies).
9. USE OF YOUR INFORMATION AND CONTENT:
10. MOBILE APPLICATION LICENSE:
If you are accessing our Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of The Meshor its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of The Mesh or other intellectual property of The Mesh in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
11. TERMS APPLICABLE TO ANDROID DEVICES:
The following terms apply when you use a mobile application obtained from theGoogle Play to access our Services. You acknowledge that this Agreement is concluded between you and us only, and not with Google, Inc. (an “App Distributor”), and we, not an App Distributor, is solely responsible for our mobile application and the content thereof.
- SCOPE OF LICENSE: The license granted to you for our application is limited to a non-transferable license to use the application on a device that utilizes the Android operating the system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
- MAINTENANCE AND SUPPORT: We are solely responsible for providing any maintenance and support services with respect to our application, as specified in this Agreement, or as required under applicable law. You acknowledge that App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to our application. (WARRANTY: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of our application to conform to any applicable warranty, you may notice an App Distributor, and the App Distributor, in accordance with its terms and policies may refund the purchase price if any, paid for our application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to our application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
- PRODUCT CLAIMS: You acknowledge that we, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to our application or your possession and/or use of our application, including, but not limited to (i) product liability claims; (ii) any claim that our application fails to confirm to any applicable legal or regulatory requirement; and (iii) claims to arise under consumer protection or similar legislation.
- INTELLECTUAL PROPERTY RIGHTS: You acknowledge that in the event of any third party claim that our application or your possession and use of the application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using our application.
12. THIRD PARTY SERVICES:
We may provide users with links to, or contact information for, third-party sites or services. We are not responsible for and does not endorse, any third-party content, sites, or services mentioned on the Service. It is hereby stated that we shall in no way be responsible for any acts or omissions of third parties whom the user may connect with through a mechanism facilitated by us. Any transaction, dealings or communication otherwise that the user may have with such third parties are at the user’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
13. RULES AND CONDUCT:
As a condition of use, you promise not to use the Service
for any purpose that is prohibited by the terms, by law, or other rules
or policies implemented by us from time to time. The Service
(including, without limitation, any Content) is provided only for your
own personal, non-commercial use.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other rights of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures we may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise, create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
We may disclose or transfer user-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between us or any person on its behalf and the user or where the user has consented to data transfer.
14. PROHIBITED ACTIVITIES:
You may not access or use the Platform for any other purpose other than that for which we make available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to:
- Attempting to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- Attempting to impersonate another user or person or using the username of another user criminal or tortious activity deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Platform.
- Deleting the copyright or other proprietary rights notice from any Platform content engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- Harassing, annoying, intimidating or threatening any employees or agents engaged in providing any a portion of our Services to you interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform making any unauthorized use of our Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses selling or otherwise transferring your profile systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us tricking, defrauding or misleading us and other users, especially in an attempt to learn sensitive account information such as passwords using any information obtained from the Platform in order to harass, abuse, or harm another person using our Services as part of an effort to compete with us or to provide services as a service bureau using the Platform in a manner inconsistent with any and all applicable laws and regulations.
We reserves the right to suspend or terminate your access to the platform and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- You are in breach of any terms and conditions of this Terms;
- We are unable to verify or authenticate any information provided to us by you;
- We have reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
- Once temporarily suspended, indefinitely suspended or terminated, the user may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such user shall no longer have access to data and other material kept on the Platform by such user. We shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the Terms, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
17. INTELLECTUAL PROPERTY RIGHTS:
The platform, the Content, and our proprietary assets
and any and all intellectual property rights pertaining thereto,
including, but not limited to, inventions, patents, and patent
applications, trademarks, trade names, service marks, copyrightable
materials, domain names and trade secrets, whether or not registered or
capable of being registered (collectively, “Intellectual Property”), are
owned by and/or licensed to us and are protected by applicable patent,
copyright and other intellectual property laws and international
conventions and treaties. All rights not expressly granted to you
hereunder are reserved by us and its licensors.
The Terms do not convey to you an interest in or to our Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of our Intellectual Property under any law.
18. TRADEMARKS AND TRADE NAMES:
Our marks and logos and all other proprietary identifiers used by us in connection with the Platform (“Trademarks”) are all trademarks and/or trade names of us, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners, including the Suppliers (“Third Party Marks”). No right, license, or interest to our Trademarks and the Third Party, Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
19. SOCIAL MEDIA FEATURES:
The Platform’s availability and functionality depends on various factors, such as communication networks. The Mesh does not warrant or guarantee that The platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
The service (including, without limitation, any content) is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Mesh, its Partners, employees, agents, suppliers, sponsors do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
23. LIMITATION OF LIABILITY:
To the fullest extent permitted by law, in no event shall The Mesh(nor its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers,) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; or (ii) for your reliance on the service; (iii) for any matter beyond its or their reasonable control, even if we have been advised of the possibility of any of the aforementioned damages.
24. GOVERNING LAW:
This agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra, India and you hereby accede to and accept the jurisdiction of such courts.
These Terms are the entire agreement between you and us with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Service. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms are personal to you and are not assignable or transferable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If You have any questions regarding the Service, please contact us at email@example.com or reach out to our service care number 1800 267 2221