GENERAL
These terms and policies (“Terms of Use”) impose certain legal conditions and restrictions on the users of the website www.proeves.com (hereinafter referred to as "Website"). These Legal Terms constitute a legally binding agreement between you (“User” or "you")
And
ProEves Solutions Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office at S- 401, School Block, Nehru Enclave -II, Shakarpur, New Delhi, East Delhi, DL 110092 (“Proeves” “we” “our” or “us”)
By accessing or otherwise using this Website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use in their entirety. Additional terms may apply to Services offered by Proeves.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING THE WEBSITE.
The Website is an online platform that is designed to facilitate access to childcare services, online camps and events, child mentors (minders), parent coaches, recorded programs through its Website (“Services”) through which customers can book appointments, purchase and avail the Services. The Website connects users to daycares and preschools and other related businesses in certain vicinity.
As an online marketplace for preschool/daycares, online camps, classes, child mentors (minders), parent coaches, recorded programs and other related services, Proeves does not own, control, or manage all the Services. Proeves’ responsibility is limited to providing the platform as an online marketplace to facilitate the sale, purchase, and conduct of services. Proeves strives to facilitate with the service providers to ensure quality of Services. However, Proeves does not control the Services and cannot guarantee the quality, safety, compliance adherence, legality of the Services.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
The use of this Website including, but not limited to delivery of information through the Website whether existing now or in the future is governed by this Terms of Use and any policy so mentioned by these Terms of Use. Moving past home page or using any of the Services shall be taken to mean that you have read and agreed to be bound by all of these terms and any policies mentioned herein.
We reserve the sole right to modify the Terms of Use without prior permission or intimation to You. You have a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Website following such a change, this is deemed as consent by You to the so amended policies.
ACCESS TO PROEVES
By accessing or using the Website you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. As a minor, if you wish to access the Website, such use or access shall be made available to you by your legal guardian or parents, who have agreed to these Terms of Use. In the event, a minor accesses or uses the Website at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents. Proeves reserves the right to terminate your access to the Website and/or refuse to provide you with access to the Website if it discovers that you are a minor and you do not have the consent from your parent/legal guardian to access or use the Website or if any information provided by you is inaccurate or for any other reason at Proeves’ discretion. You acknowledge that Proeves does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required criteria to use or access the Website.
Accessing, browsing, subscribing or any other action you undertake with respect to the Website does not deem to make you a member, shareholder or affiliate of Proeves for any purposes whatsoever, nor shall you have any of the rights of statutory members of Proeves.
CONTENT AVAILABLE
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
You understand that by using this Website, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. Proeves assumes no responsibility for such content. We reserve the right to modify the contents of the Website at any time. You agree that such modified content shall be binding upon you and you agree to abide by the same. You agree that you are solely responsible for your use of the Services made available through the Website, and that Proeves shall not be responsible and/or liable for any consequences arising from such use.
COPYRIGHT
All the content on this site including but not limited titles, ownership rights, and intellectual property rights such as copyrights, trademarks, service marks, and patents, is solely owned by Proeves or its content suppliers. All materials, case studies, graphics and overall experience of the Website is the sole property of Proeves.
If you believe that the Website contains elements that infringes any intellectual property rights, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
Any material on the Website or the content of Proeves shall not be used without specific authorization. There may be a number of proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of such proprietary logos, service marks, or trademarks will constitute a material breach of our Terms of Use, and may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes your right to access the Website will terminate immediately.
By providing any feedback, you agree to assign all intellectual property rights in such feedback to us, and Proeves shall have unrestricted use and dissemination of the feedback.
CONTENT AVAILABLE
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by Proeves. You shall not use any deep-link, robot, spider or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Website content, (d) rebroadcast or transmit the content available on the Website, (e) modify, decompile, disassemble, reverse engineer the Website in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from any content, or by framing, mirroring, or utilizing similar techniques.
You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You will not use the Website to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Website.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
Provided however that in the event You are found to be violation of any of the terms given herein, Proeves shall have the right to take all corrective actions available under law against You.
DISRUPTION
You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other user’s use and enjoyment of the Website; including but not limited to:
- uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code,
- interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
or
PERMISSION TO COPY
In any case, no visitor has the right to modify or compile the content and services description as mentioned on this Website. You are not allowed to copy, modify, distribute, redistribute, transmit, reproduce, transfer, post, resell, or republish any of the contents available on the Website for any commercial or other purposes.
PROVIDING INFORMATION
It is mandatory to provide accurate information in the required fields in the Website. You will abstain from providing information to Proeves to impersonate any person or entity. You consent to receive communications from Proeves either electronically or via emails. You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Website or any other user account, through hacking, password mining or any other means.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
PRIVACY NOTICE
You are committed to responsibly handling the information and data we may collect through the Website in compliance with our Privacy Notice. Please review the Privacy Notice so that you are aware of how we collect and use your personal information. Our Privacy Notice is located at https://proeves.com/privacy
SECURITY
You are responsible for all activities on your system/network during your visit to this website. you must not interfere with the functioning of this Website or disrupt another users' access. All activities that occur on Your system/network during Your visit to this website shall be your responsibility. You are not permitted to interfere with the functioning of this Website or disrupt other users' access to this Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this term in our discretion to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
All transactions on the Website are conducted through a secure and protected payment gateway. We do not collect, store, or process any credit card or debit card information. Instead, all payment details are directly handled by an authorized payment gateway provider, which complies with the regulations and security standards of banks, financial institutions, and payment networks it is associated with.
You acknowledge and agree that Proeves is not liable for any payment failures, processing errors, or related issues arising from the payment gateway. Proeves relies on the representations and assurances provided by the payment gateway provider regarding its security and compliance.
Please refer to Proeves’ Cookie Policy for all terms and conditions in relation to Data Protection. The same shall be deemed to be incorporated herein by reference.
DISCLAIMER OF LIABILITIES AND WARRANTIES
The services, materials and other data contained on this Website are used for only general information. You expressly acknowledge and agree that use of the Website is entirely at your own risk and that the Website and the information therein is made available on an "as is" and "as available" basis. Proeves doesn't make any warranties, expressed or implied, regarding the accuracy, completeness, and reliability of any of these. Proeves shall not be held liable under any circumstances including, but not limited to any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Website.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONSULT OR CONDUCT DUE DILIGENCE WITH RESPECT TO THE CONTENT AVAILABLE ON THE WEBSITE, AT YOUR OWN INITIATIVE, COST AND EFFORT. PROEVES SHALL NOT BE LIABLE FOR THE INFORMATION PROVIDED BY YOU OR OTHERWISE TRANSMITTED ON THE WEBSITE. ANY RELIANCE ON SUCH INFORMATION OR THE USE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
ALL LIABILITY WHETHER CIVIL OR CRIMINAL RESULTING FROM ANY INFORMATION OR CONTENT OR BLOGS POSTED OR TRANSMITTED ON THROUGH THIS WEBSITE WILL BE THAT OF THE YOURS OR THIRD PARTY WHO HAS POSTED OR TRANSMITTED SUCH INFORMATION OR CONTENT AND WE RESERVE OUR RIGHT TO CLAIM DAMAGES FROM YOU OR THIRD PARTY THAT IT MAY SUFFER DUE TO SUCH CONTENT POSTED ON WEBSITE. WE DO NOT CLAIM OWNERSHIP OF ANY KIND OF ANY INFORMATION THAT YOU SUBMIT OR MAKE AVAILABLE ON WEBSITE.
CONFIDENTIALITY
Confidential information, for the purpose of these Terms of Use, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the Website, or other information of a confidential nature disclosed by one party to the other party under these Legal Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Legal Terms; (iii) was already in the possession of party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency.
THIRD-PARTY CONTENT
Inclusion of, linking to, or permitting the use or installation of any third-party websites is for general use only and not intended to advise and does not imply endorsement. By choosing the third-party content, you will be redirected to an external website. It is your sole discretion and risk to visit websites outside the domains owned by Proeves. It is your responsibility to safeguard your system from viruses or other malignant elements. Proeves is not responsible for third-party websites or content. You assume all risk when visiting external websites and should review their terms and privacy policies. Proeves has no liability to remove or in any manner block such third-party links or pop-ups. The Website may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by us of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. Proeves accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
TERMINATION AND SUSPENSION
Proeves reserves the right to terminate your right and access to use the Website with or without any reason whatsoever. Additionally, your right to access and use the Website terminates automatically upon your material breach of these Legal Terms.
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/or activity by immediately removing user listing either temporarily or indefinitely or suspend user membership, and/or refuse to provide user with access to the Website if
a) you are in breach any of the terms and conditions; or
b) you have provided wrong, inaccurate, incomplete or incorrect information; or
c) your actions may cause any harm, damage or loss to the other users or to us.
PERMISSIONS
We may design our website in such a manner as to automatically check for updates. Unless your device or any settings do not permit automatic transmission, upgrades or updates, you agree that we may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
ProEves has the right, but not the obligation to monitor and edit or remove any content posted by you as your communication. Proeves reserves the right, but has no obligation, to monitor and edit, modify or delete any communications (or portions thereof) which Proeves in its sole discretion deems inappropriate, offensive or contrary to any Proeves policy, or that violate these terms.
RANKING ALGORITHM
We utilize a proprietary page ranking algorithm for Service providers, which considers various factors, including user ratings and feedback. These ratings are dynamic and subject to change over time based on user experiences and other evolving factors. Proeves does not provide any fixed, objective rating or endorsement of Service providers, nor does it guarantee the accuracy, consistency, or relevance of these ratings. Our page ranking algorithm is confidential proprietary technology and cannot be disclosed in full. The ranking methodology may be updated periodically to enhance user experience. Proeves shall not be liable for any fluctuations or changes in rankings or ratings displayed on the Website.
INDEMNITY AND LIMITATIONS
You agree to defend, indemnify and hold harmless Proeves, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Terms of Use or arising out of the your infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms of Use.
In no event shall we be liable to you, or any third party for any special, incidental, direct, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website/App, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
APPLICABLE LAW
By visiting our website, you agree that any disputes between you and ProEves will be governed by the laws of India and the courts of New Delhi shall have exclusive jurisdiction.
WAIVER
Proeves failure to insist on or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provision or right.
SEVERABILITY
If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
NO AGENCY
You agree that no joint venture, employment, or agency relationship exists between you and Proeves as a result of these Legal Terms or due to your use of the Website or any of its Services.
ENTIRE AGREEMENT
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Proeves relating to this subject matter and supersede any and all prior communications and/or agreements between you and Proeves relating to this subject matter.
OUR DETAILS
If you have any questions or concerns or grievances regarding these Legal Terms, you can email us at our grievance email-address grievance@proeves.com