Last revised on May 1, 2019
Welcome to PeCfy, operated by PeCfy Technologies Pvt. Ltd. (“us,” “we,” the “Company” or “PeCfy”).
PeCfy is a company providing Information Technology (IT) products and platforms. PeCfy has created and owns a niche online platform in the sports tourism domain. PeCfy facilitates the users through its platform, where users can subscribe to various services platforms with regards to various sports events, sports memorabilia and merchandise. PeCfy has into contractual obligations with various Associate Channel Partners to enhance the user experience and to better cater to their needs. Fulfillment of platforms services shall be executed by a global network of Associate Channel Partners in collaboration with PeCfy. PeCfy’s Associate Channel Partners may be engaged in the distributing and/or organizing event tickets, in travel business, including but not limited to travel, excursions & trips to various countries and foreign destinations, arrangement of holiday and vacation packages, arrangement of touring and sightseeing packages, arrangement of hotel, lodging & boarding platforms in foreign countries and arrangement of passport, visa, airlines tickets, foreign exchange and other such related platforms, and also in the business of manufacturing, procurement, distribution and sale of various sports related gear, equipment and merchandise. PeCfy shall only act as a super aggregator focusing on generation of orders.
1. Acceptance of Terms of Use Agreement.
By creating a PeCfy account or by using any PeCfy platform, whether through a mobile device, mobile application or computer (collectively, the “Platform”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or platforms we offer on the Platform (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt out right for certain users), you should not use the Platform.
We may make changes to this Agreement and to the Platform from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Platform under Settings page, and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Platform after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with PeCfy, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
2. Eligibility.
You must be at least 18 years of age to create an account on PeCfy and use the platform and platform. If you are under 18 years of age, you are not allowed to make a transaction on PeCfy. It is the duty of the legal guardians of all persons below 18 years of age to ensure that their wards do not make a transaction without their supervision on PeCfy.
It shall be automatically deemed that by allowing any person below the age of 18 years to transact on PeCfy, their legal guardians have expressly consented to their use and we disclaim any liability arising from your failure to do so.
3. Your Account.
In order to use PeCfy, you may sign in using your mobile number / email / Google / Facebook login credentials. If you do so, you authorize us to access and use certain account information, including but not limited to your public profile and information about friends you share in common with other PeCfy users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy .
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for PeCfy, and you are solely responsible for all activities that occur under those credentials.
4. Modifying the Platform and Termination.
PeCfy is constantly striving to improve its platform quality levels and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the platform entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Platform, however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.
PeCfy may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate as well.
5. Safety; Your Interactions with Other Users.
PeCfy strives to encourage a respectful user experience; it is not responsible for the conduct of any user on or off of the platform and platform. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the platform or meet in person at any sporting event or socially. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. It is clarified that the website is not for commercial use but is specifically meant for personal use only.
You as a user agrees and undertakes that when using PeCfy’s platform , you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; upload files that contain software or other material protected by intellectual property laws unless the user owns or controls the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another's computer; conduct or forward surveys, contests, pyramid schemes or chain letters; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this agreement or any other terms and conditions for the use of the website contained elsewhere herein.
You are solely responsible for your interactions with other users. You understand that PeCfy does not conduct criminal background checks on its users or otherwise inquire into the background of its users. PeCfy makes no representations or warranties as to the conduct of users.
6. Rights PeCfy Grants You.
PeCfy grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Platform. This license is for the sole purpose of letting you use and enjoy the benefits as intended by PeCfy and permitted by this Agreement. Therefore, you agree not to:
Use the platform and platform or any content contained in the platform for any commercial purposes without our written consent.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, platform marks, or other intellectual property, content or proprietary information accessible through the platform without PeCfy’s prior written consent.
Express or imply that any statements you make are endorsed by PeCfy.
Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the platform or its contents.
Upload viruses or other malicious code or otherwise compromise the security of the platform.
Try to “frame” or “mirror” any part of the Platform without PeCfy’s prior written authorization.
Use meta tags or code or other devices containing any reference to PeCfy or the Platform (or any trademark, trade name, platform mark, logo or slogan of PeCfy) to direct any person to any other website for any purpose.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the platform, or cause others to do so.
Use or develop any third-party applications that interact with the platform or other users’ content or information without our written consent.
Use, access, or publish the PeCfy application programming interface without our written consent.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the platform, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant PeCfy.
By creating an account, you grant to PeCfy a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Google / Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Platform or transmit to other users (collectively, “Content”). PeCfy’s license to your Content shall be non-exclusive, except that PeCfy’s license shall be exclusive with respect to derivative works created through use of the Platform.
You agree that all information that you submit upon creation of your account, including information submitted from your Google / Facebook account, is accurate and truthful and you have the right to post the content on the platform and grant the license to PeCfy above.
You understand and agree that we may monitor or review any content you post as part of a platform. We may delete any content, in whole or in part, that in our sole judgment violates this agreement or may harm the reputation of the platform.
When communicating with the customer care representatives at any given point in time, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for PeCfy allowing you to use the platform, you agree that we, our affiliates, and our third-party partners may place advertising on the platform. By submitting suggestions or feedback to PeCfy regarding our platform, you agree that PeCfy may use and share such feedback for any purpose without compensating you.
You agree that PeCfy may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer platform; or (v) protect the rights, property or personal safety of the Company or any other person.
8. PeCfy Platform Rules.
By using the platform, you agree that you will not:
Use the platform for any purpose that is illegal or prohibited by this Agreement.
Use the platform for any harmful or nefarious purpose.
Use the platform in order to damage PeCfy.
Spam, solicit money from or defraud any users.
Impersonate any person or entity or post any images of another person without his or her permission.
Bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
Post any content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
Post any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
Post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
Use another user’s account, share an account with another user, or maintain more than one account.
Create another account if we have already terminated your account, unless you have our permission.
PeCfy reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the platform or behaved in a way that PeCfy regards as inappropriate or unlawful, including actions or communications that occur on or off the platform.
9. Purchases.
General. PeCfy may offer products and platforms for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, PeCfy direct billing or other payment platforms authorized by PeCfy. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the platform(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize PeCfy or the third party account, as applicable, to charge you.
Auto-Renewal. If you purchase an auto-recurring periodic subscription, your payment method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of current period at the rate of your selected plan. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on PeCfy) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the PeCfy application from your device. Deleting your account on PeCfy or deleting the PeCfy application from your device does not cancel your subscription; PeCfy will retain all funds charged to your payment method until you cancel your subscription on PeCfy or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Any controversy, or breach or claim arising out of any transaction related to PeCfy or remotely linked to PeCfy shall be settled by arbitration, to be held at Pune, India in accordance with the Arbitration and Conciliation Act, 2015.
10. Disclaimers.
PeCfy provides the platform on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the platform (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. PeCfy does not represent or warrant that (a) the platform will be uninterrupted, secure or error free, (b) any defects or errors in the platform will be corrected, or (c) that any content or information you obtain on or through the platform will be accurate.
PeCfy takes no responsibility for any content that you or another user or third party posts, sends or receives through the platform. Any material downloaded or otherwise obtained through the use of the platform is accessed at your own discretion and risk.
PeCfy disclaims and takes no responsibility for any conduct of you or any other user, on or off the platform.
The online platform provided by PeCfy shall only be a primary interface through which a user shall avail a listed package centered around a sporting event including an access to buy sports memorabilia and merchandise. Associate Channel Partners are capable and willing to address the orders placed on PeCfy’s online platform by various users with regards to various sports related gear, equipment and merchandise and take the whole and sole responsibility of fulfilling of such orders including manufacturing, procurement, distribution and delivery.
PeCfy is only a super aggregator and acts as intermediary, it shall not have any liability whatsoever for any aspect of the arrangements made between the Associate Channel Partner and user and the user as regards to the standard and quality of service and goods provided by the Associate Channel Partners. In no circumstances shall PeCfy be liable for the services provided by the Associate Channel Partner.
In no event shall PeCfy be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall PeCfy be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
11. Third Party Platforms.
The Platform may contain advertisements and promotions offered by third parties and links to other web sites or resources. PeCfy is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Platform, such party’s terms will govern their relationship with you. PeCfy is not responsible or liable for such third parties’ terms or actions.
12. Limitation of Liability.
PeCfy has endeavored to ensure that all the information on the website is correct. However, PeCfy makes no warranties express, statutory, implied, or otherwise, and PeCfy specifically disclaims the specific or implied warranties and conditions of merchantability and fitness for a particular purpose. PeCfy shall not be liable to any user or any third party for any indirect damages including towards costs of procurement of substitute goods, lost profits or any other special, consequential, incidental or indirect damages, however caused, and whether based on contract, tort (including negligence), products liability or any other theory of liability, regardless of whether user or PeCfy has been advised of the possibility of such damages. PeCfy expressly and specifically disclaims towards the user any and all liability either direct or indirect arising out of any reason whatsoever. PeCfy shall not be liable to the user for any damages including costs, charges and third party claims arising out of any dispute, claim, breach or non-fulfillment of terms.
Further, PeCfy shall not be held responsible for non-availability of the website and/or Apps on the mobile devices during periodic maintenance operations or any unplanned suspension of access to the website and/or Apps on the mobile devices that may occur due to technical reasons or for any reason beyond PeCfy’s control. Tthe user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of PeCfy arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
The PeCfy platform requires a reasonably high speed of internet to operate. The users are liable to check at their end the connection and the internet speed with their Internet Service Provider. The users would not be able to use the platform at any place where internet connections are not available. PeCfy shall not be held responsible to a situation where platform slows down due to inadequate speed of the internet.
PeCfy shall not be liable for any failure or delay in fulfillment of any terms due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of nature or other causes which are unavoidable and beyond the reasonable control of PeCfy.
13. Indemnity by You.
User agrees to irrevocably indemnify, defend and hold harmless PeCfy, its partners, employees, agents, officers and directors from and against any and all claims, liabilities, damages, costs and /or expenses of whatever kind or nature from its acts or omissions, including without limitation, court costs and attorney fees arising out of or related to the failure or delay to so comply.
14. Entire Agreement; Other.
This Agreement, along with the Privacy Policy , and any terms disclosed to you if you purchase or have purchased additional features, products we offer on the platform, contains the entire agreement between you and PeCfy regarding your relationship with PeCfy and the use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of PeCfy to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
PeCfy reserves the right to change the terms, conditions and notices under which the services are offered through the website, including but not limited to the charges for the services provided through the website. The user shall be responsible for regularly reviewing these terms and conditions.
You agree that your PeCfy account is non-transferable and all of your rights to your account and its content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind PeCfy in any manner.
How to contact us?
If you have questions about this Terms of Use, here’s how you can reach us:
By eMail: info@pecfy.com
By post: Privacy Officer, Suite # 2, 49, Janak Apartments, Lane 3, Anand Park, Aundh, Pune – 411 007