Terms and Conditions

Introduction

www.presolv360.com (“Presolv360”) is a website (“website”) owned and operated by Edgecraft Solutions Private Limited (the “website owner”). Presolv360 is a dispute management platform that provides dispute prevention, protection and resolution services. The website owner, including partners, subsidiaries and affiliates (or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website to users (“user”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy, the Presolv Dispute Resolution Rules, the Presolv Experts’ Guidelines and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the “User Agreement”). This User Agreement is made between you and us.

Disclaimer

Presolv360 is owned by Edgecraft Solutions Private Limited (“the Company”), an Indian Company incorporated under the provisions of the Companies Act, 2013. It is not a law firm and does not provide legal advice. Services provided or use of any material provided by the Company is not a substitute for legal advice. Only a legal practitioner can provide legal advice. A legal practitioner should be consulted for any legal advice or matter. No Attorney-Client relationship is created by receiving services or use of materials provided by Presolv360.

Registration of User

Users will need to register themselves on the website in order to use some of the services or features made available on this website. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, do notify us via e-mail at info@presolv360.com. We may change registration requirements from time to time.

User Account, Password and Security

Once you complete the registration process, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Presolv360 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Presolv360 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. For viewing the public content on the website, you might not require login details, id or password, in those cases you would still be bound by these terms and conditions.

Eligibility to use the service

The services of the website are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. This website does not cater to the individuals less than 18 years of age, by using this website you represent that you are 18 years or older. In the case of a minor (under 18 years of age), a parent or guardian must accept this Agreement and guide all consultations under the services offered.

Payment terms and conditions

  1. Please note Presolv360 has a policy of upfront payment for its services.
  2. While availing any of the payment method(s) available on the Website, Presolv360 will not assume liability for any loss caused to users due to payment issues arising out of the transactions.
  3. The payment for all services available on the Website shall be made mandatorily in Indian National Rupees which are acceptable in the Republic of India. The Website will not facilitate transactions in other forms of currency with respect to the services availed on the Website.
  4. You, as a Buyer, understand that upon initiating a transaction, you are entering into a legally binding and enforceable contract with Presolv360 to purchase the products/services using the Payment Facility, and you shall pay the transaction price through your Issuing Bank to Presolv360 using Payment Facility.
  5. You represent and warrant that if you are purchasing something from Presolv360, that you will have the following options of payment:-
    1. Credit Card
    2. Debit Card
    3. Net Banking
  6. You warrant that in case you are making the payment by Credit Card, (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company. In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
  7. Presolv360 reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Edgecraft Solutions Private Limited or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  8. All Valid Credit / Debit Card and other payment instruments are processed using a trusted payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  9. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Communication

By creating an Account with Presolv360, the user agrees that Presolv360 may send you informational/Promotional text (SMS) messages and e-mail notifications as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages or e-mail notification from Presolv360 at any time by sending an email to info@presolv360.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages or e-mail notification may impact your use of the Services.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited Use

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Presolv360 name is stated as the source and prior written permission of Presolv360 is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. 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;
  5. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  6. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  7. Violate any code of conduct or other rules & guidelines, which may be applicable for or to any particular service;
  8. Violate any applicable laws or regulations for the time being in force in or outside India; and
  9. 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.

User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the services rendered by Presolv360. All the images on the website are copyright protected and any form of reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling will have legal consequences.

Disclaimer of warranties

The user expressly agrees that use of the service is at the user's sole risk. The service is provided on an "as is" and "as available" basis. Presolv360 expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Presolv360 makes no warranty that the service will meet a user's requirements, that the service will be uninterrupted, timely, secure, or error-free; nor does Presolv360 make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected. Presolv360 makes no warranty regarding any goods or services purchased or information obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by the User from Presolv360 shall create any warranty not expressly stated herein.

Limitation of Liability

The user agrees that Presolv360 shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if Presolv360 has been advised of the possibility of such damages. The user further agrees that Presolv360 shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.

Intellectual Property Rights

  1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Presolv360 owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Presolv360 without obtaining prior authorization from Presolv360.
  2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, or any other material which you may upload, transmit or store when making use of our various services.

Copyrighted Material for Limited Use

This Website contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Website and all Content are the copyrighted property of Edgecraft Solutions Private Limited, and/or its subsidiaries (referred to herein as “Presolv360”) or the copyrighted property of parties from whom Presolv360 has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms & Conditions. Presolv360 reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Links to Third Party Sites

Third party content may appear on Presolv360 or may be accessible via links from Presolv360. Presolv360 is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third-party content appearing on Presolv360. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Presolv360.

Indemnity

You agree to indemnify, defend and hold harmless Presolv360, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Presolv360, that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Notices

You agree that Presolv360, may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care.

Breach of Terms

Presolv360 reserves the right to investigate complaints or reported violations of the Agreement and to take any action Presolv360 deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. That Presolv360 reserves its right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to this Website and their features.

Refund & Cancellation Policy

We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates. However, after placing an order, if the Customer wishes to cancel the order, the Customer shall send an email to info@presolv360.com along with the details of the order that needs to be cancelled and mentioning a valid reason for cancellation. The order can be cancelled at any time, however, the fees paid for the service is non-refundable. Refunds cannot be issued under any circumstances, unless the order is not processed after purchase or any of the service is rejected outright by Presolv360.

Confidentiality

Presolv360 makes every effort to maintain the confidentiality of any information submitted by users to our system and not disclosed to any third party except to the extent required for fulfilment of services. We take precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, misuse or theft, as well as against destruction, alteration, disclosure and unauthorized access.

Entire Agreement

This agreement constitutes the entire and whole agreement between user and Presolv360, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Presolv360 and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this website.

Right to change the Terms and Conditions

Presolv360 reserves the right to bring about changes, modifications, additions/removal in this User Agreement, at its sole discretion without any prior notification. You acknowledge and agree to periodically review this document to keep yourself aware of any modifications in the User Agreement. Your continued use of the website, post changes, means that you agree to the revised terms and conditions.

Termination of Access

These Terms and Conditions are effective until terminated. You agree that Presolv360 may terminate your access to the Services at any time for any reason without prior notice or liability. Presolv360 may change, suspend, modify or discontinue all or any aspect of the Services at any time, including the availability of any feature, without prior notice or liability. If you wish to terminate your access to the Services, you may simply discontinue using the Services.

Disputes

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall first be submitted for resolution through an alternative dispute resolution mechanism including, but not limited to, online dispute resolution, negotiation, mediation, conciliation, settlement, etc. or any combination thereof. The participation in the aforesaid resolution process is a condition precedent to pursuing any other available remedy in relation to the claim, dispute, demand or any other question.

Severability

If at any time any provision of this Agreement is or becomes, or is adjudicated by any Court of competent jurisdiction or public authority to be illegal, invalid or unenforceable in any respect under the law of any jurisdiction, this shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.

Governing Law

You hereby agree that the statutes and laws of Mumbai, India regardless of conflicts with other laws and conventions will apply to all matters relating to the use of this website. You acknowledge that any action to enforce this User Agreement shall be brought in the courts located in Mumbai, India. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contact Information

If you wish to contact us for any reason regarding our Terms and Conditions, kindly e-mail it to us at the following address: info@presolv360.com

We assure you that we are continuously working to improve our services and are we are welcome to any suggestions from your end.