Privacy Policy

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE DOWNLOADING THE PCL Live APPLICATION. By downloading, accessing and/or using this mobile application (the “Application) owned by Pancard Clubs Limited. (“PCL”) you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms of Use Agreement (“Agreement”). PCLLive’s Disclosure and Disclaimer and Mobile Application Privacy Statement are subject to and incorporated by reference into this Agreement (collectively, the “Mobile Application Documentation”). PCLLive may change the terms of the Agreement at any time and without notice, effective upon the posting of the revised Agreement. Your continued use of the Application shall be considered your acceptance of the revised Agreement. You must have the most current version of the Application to ensure that it is working properly. It is your responsibility to periodically check the Application and/or our website at www.plcinfo.in\pclapp.html , to determine if you have the most current version of the Application. If you do not agree to this Agreement, please do not download the Application. No Warranties The Application is provided subject to all of the terms set forth in the Mobile Application Documentation. PCLLIVE does not warrant that: (i) its Application will be constantly available, or available at all; (ii) that the information in this Application is complete, true, accurate, or (iii) your opt-out choices will be successfully executed in all cases. PCLLIVE does not warrant that the Application is free of defects or errors.

Definitions

The “application” shall mean the software provided by PCLLIVE to offer services to PCLLIVE, PCLLIVE's services and its partners services, to be used on Anroid 2.2 and above devices and any upgrade from time to time and any other software or documentation which enables to use the Application.

Limitations of Liability and Indemnification

THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL PCLLIVE BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PCLLIVE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR

USE OF THIS APPLICATION

• MONITORING:
  • We strive to provide an enjoyable experience for our users, so we may monitor activity on the App to foster compliance with this Agreement. All users of the App hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the App, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
• Registration and Account Creation:
  • REGISTRATION INFORMATION:

    PCLLive may at times require that you register and/or set up an account to use certain portions of the App, or the App as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the App. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the App, if available. Any personal information you supply to PCLLive when using this application wiill be used by PCLLive in accordance with its Privacy Policy. Otherwise, contact our Privacy Policy Coordinator as described in the section below labeled "Privacy."

  • USE OF USER ID/PASSWORD:

    A. If you register and/or set up an account on the App, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

    B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any mobile or other device on which your account resides or is accessible.

    C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on the App), you must promptly change the affected Registration Information by using the appropriate update mechanism on the App, if available, close the account and notify our Privacy Policy Coordinator as described in the section below labeled "Privacy."

  • FEES AND PAYMENTS:

    A. PCLLive or third parties may charge you fees for products or services offered for sale through the App, and/or for access to portions of the App or the App as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the App by PCLLive or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). PCLLive reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

    B. If you submit your credit, debit or charge card information to PCLLive upon registration or otherwise, you give PCLLive permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to PCLLive for any reason, including charge back, PCLLive reserves the right to either suspend or terminate your account and all its obligations under this Agreement.

• Rules of Usage:
  • USE OF THE APP BY YOU:

    This App is not intended for use for the agents/ associates of PCLLive

    A. Unless otherwise specified, the App is intended for your personal use only. You may not authorize others to use the App, and you are responsible for all use of the App by you and by those you allow to use, or provide access to, the App. You may not impersonate, imitate or pretend to be somebody else when using the App.

    B. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.

    C. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App.

    D. You further agree not to use any sexually explicit language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in "cyber-sex" (i.e., virtual or simulated sex") or solicit another to participate in "cyber-sex" on or through the App.

    E. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

    F. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

    G. The App may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (collectively, "Assets"). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.

    H. The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by PCLLive or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and "look and feel" of the App, and advertising thereon (collectively, "App Content"). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of PCLLive or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

    I. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, PCLLive or the App.

    J. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the App.

    K. You may not attempt to gain unauthorized access to PCLLive's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.

    L. You acknowledge that PCLLive has not reviewed and does not endorse the content of all sites or services (including other applications) linked to from this App and is not responsible for the content or actions of any other sites, services or applications linked to from this App. Your linking to any service or site is at your sole risk

  • COMMENTS BY OTHERS ARE NOT ENDORSED BY PCLLive:

    PCLLive does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the App. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of PCLLive or its third party PCLLives. You agree that PCLLive and its third party PCLLives are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

• Unenforceable Provisions:
  • If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.
• Ownership of Intellectual Property and Limited License:
  • All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by PCLLive. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by PCLLive. PCLLive grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile devise via a web browser; use this Application as herein set forth; copy and store this Application and the material on this Application in your web browser cache memory; and print pages from this Application for your own personal and non-commercial use. PCLLive does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by PCLLive.
• Prohibited Use Restrictions:
  • You may use the Application only for your own personal, non-commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without PCLLive's prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application.
• Availability:
  • This application is available to hand-held mobile devices running on Android 2.2 and above operating system. PCLLive will use reasonable effort to make the Application available at all times. However you acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside PCI's reasonable control.
  • This application is available to hand-held mobile devices running on Android 2.2 and above operating system. PCLLive will use reasonable effort to make the Application available at all times. However you acknowledge the application is provided over the internet and mobile networks and so the quality and availability of the application may be affected by factors outside PCI's reasonable control.
• System Requirements:
  • In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications.
  • The Software Requirements are as follows: Android 2.2 and above Language: English.
  • The version of the Application software may be upgraded from time to time to add support for new functions and services.
• Enforcement of Copyright and Protection of Intellectual Property:
  • If PCLLive discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, PCLLive may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of PCLLive's copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this by email to [email protected]
• INDEMNIFICATION:
  • You agree to indemnify, defend and hold harmless PCLLive, its parent, subsidiary and affiliated entities, and third party PCLLives, and each of their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns from and against any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the App, or from your breach of this Agreement, or from any such acts through your use of the App.
• EDITING AND DELETIONS:
  • PCLLive reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the App in its sole discretion, without notice. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which PCLLive specifically disclaims any and all responsibility and liability.
• ADDITIONAL RULES:
  • PCLLive reserves the right to communicate through the App or otherwise, from time to time, additional rules of usage that apply to specific parts of the App. Your continued use of the App constitutes your agreement to comply with these additional rules.
• DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
  • Please provide an input for disclaimer and limitation of liability (we need to restrict the same to the extent of the data/ records of the company. If that record or data is in correct or system generates an error and in turn the app generates a wrong report what should be our liability for the same?)
• TERMINATION OR SUSPENSION OF ACCESS TO THE APP:
  • PCLLive has the right to terminate and/or suspend your ability to access the App or any portion thereof, for any or no reason, without notice.
• PRIVACY POLICY COORDINATOR:
  • If you have any concerns or questions about any aspect of this Agreement, please feel free to contact our Privacy Policy Coordinator as follows: Privacy Policy Coordinator [email protected]
• Governing Law and Dispute Resolution:
  • This Agreement shall be governed by and shall be construed in accordance with Indian Laws, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located in Mumbai. The parties submit to personal jurisdiction within Mumbai. Contact Information PCLLive may be contacted at 022 666 22666 or by email at [email protected].
• DISCLAIMER OF WARRANTIES:
  • To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, PCLLive hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.