As used in these Terms of Service, “we”, “us” & “picnie” means the applicable picnie Contracting Party (as defined in Section 4 below).
Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.picnie.com/terms.
- Technical support in respect of the services is only provided to Assessment Framework Owner, their authorized employee, and picnie users.
- You acknowledge and agree that picnie may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on picnie’s website, available at picnie.com/terms-of-use and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to picnie’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the picnie Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the Indian laws.
- You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the services, or access to the services without the express written permission by picnie.
- You shall not purchase search engine or other pay-per-click keywords (such as Google Ads), or domain names that use picnie or picnie trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to picnie Support.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve
- transmissions over various networks; and
- changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send certain promotional communications to your customers by short message service (SMS) & e-mail
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. picnie shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without picnie’s prior written consent, to be given or withheld in picnie’s sole discretion.
9Ethics Info Solutions LLP as owner of the website www. picnie.com acts as Contracting Party
“9Ethics Info Solutions Contracting Party” means 9Ethics Info Solutions LLP, an Indian Company having registered office atB-78, Avenue Heights
Maa Karani Nagar B, Vaishali nagar,
- We reserve the right to modify or terminate the Services for any reason (communicated via mail), without notice at any time.
- We reserve the right to modify the applicable credits based on the features that we offer.
- We are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate policy or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any picnie customer,employee, member, or officer will result in immediate Account termination.
- picnie does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. We herewith also affirm that they will may not use your Confidential Information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- picnie retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, picnie reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. picnie’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service
LIMITATION OF LIABILITY
- You expressly understand and agree that, to the extent permitted by applicable laws, picnie shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- To the extent permitted by applicable laws, in no event shall picnie or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence).
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- picnie does not warrant that the services will be uninterrupted, timely, secure, or error-free.
- picnie does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- picnie is not responsible for any of your tax obligations or liabilities related to the use of picnie’s services.
- picnie does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the services will meet your expectations, or that any errors in the Services will be corrected.
COMPLETE AGREEMENT, WAIVER & SEVERABILITY
- The failure of picnie to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
- The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and picnie and govern your use of the Services and your Account, superseding any prior agreements between you and picnie (including, but not limited to, any prior versions of the Terms of Service).
PAYMENT, MODIFICATION & SERVICES
- Assessment Framework Owner will pay the Ffees applicable to the subscription to online Service and any other applicable fees, including but not limited to applicable fees relating to the tests and assessments chosen to be part of your assessment framework.
- You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. picnie will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and picnie will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in ₹ /US
- Subscription Fees are paid in advance and will be billed as per subscription cycle chosen at the time you subscribe for the service. Transaction Fees and Additional Fees will be charged from time to time at picnie’s discretion.
- Assessment Framework Owner owner will be charged on each Billing Date for all outstanding Fees that have not previously been charged.
- Assessment Framework have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 5 days later. If the second attempt is not successful, we will make a final attempt 5 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your webs tore during any period of suspension. If the outstanding Fees remain unpaid for 45 days following the date of suspension, picnie reserves the right to terminate your web store / Account.
- All Fees are exclusive of applicable Tax under the Central Goods and Services Tax Act, 2017
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of picnie’s products and services.
- picnie does not provide refunds.
CANCELLATION & TERMINATION
- You may cancel your subscription and terminate the Terms of Service at any time by contacting picnie support and then following the specific instructions indicated to you in the response.
- Upon termination of the Services by either party for any reason:
- picnie will cease providing you with the Services and you will no longer be able to access your account.
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise.
- any outstanding balance owed to picnie for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your assessment frameworj will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the picnie Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, picnie may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
THIRD PARTY SERVICES
- picnie may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use.
- Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- Any use by you of Third Party Services offered through the Services, is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- In some instances, picnie may receive a revenue share from Third Party Providers that picnie recommends to you or that you otherwise engage through your use of the Services, picnie Experts, Experts Marketplace or picnie’s website.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that picnie has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services.
- The integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with picnie.
- picnie does not guarantee the availability of Third Party Services and you acknowledge that picnie may disable access to any Third Party Services at any time in its sole discretion and without notice to you.
- picnie is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
- picnie strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. picnie is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and picnie is not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances shall picnie be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if picnie has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, picnie partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the picnie platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
From time to time, picnie may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which picnie will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered picnie Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without picnie’s prior written consent. picnie makes no representations or warranties that the Beta Services will function. picnie may discontinue the Beta Services at any time in its sole discretion. picnie will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. picnie may change or not release a final or commercial version of a Beta Service in our sole discretion.
picnie supports the protection of intellectual property and asks picnie merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to picnie’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter-notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise, we restore the material.
Safeguard for picnie web store owners, users and its affiliates, picnie Users or anyone accessing picnie services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
PRIVACY & DATA PROTECTION
9Ethics Info Solutions LLP,
Maa Karani Nagar B, Vaishali nagar,