We, Prayosha Food Services Private Limited ("We", "Us", "Our", “Company”), is in the business of providing a cloud-based point of sales software application under the brand name “Petpooja” for restaurants together with optionally integrated services such as mobile or card payments, inventory management, deals and discounts, ordering and delivery apps, table booking apps, suppliers’ marketplace, analytics
apps, etc. using a programmable API architecture. The Company through such point of sale software application and websites (together referred to as “Petpooja Platforms”) also provides end to end integration of services for restaurant management to various restaurants and food outlets. The Company has created and owns the Petpooja Platforms and licensed the use of the same by way of various
subscription model for a Subscription Fee.
The subscription to the Petpooja POS Platform and other value added services(“Petpooja Subscription”) offered by us is subject to our Terms of Services that isagreed by you (or anyone who accesses and uses the Petpooja Platforms shall be
referred to as “You”, “Your” or “User” as the context may require) at the time ofsubscription. You may select a Petpooja subscription plan of your choice and make payment as per the required payment method(s) available for different Petpooja
You are required to pay subscription fee as per the Petpooja Subscription plan subscribed by you (“Subscription Fee”). The Subscription Fee for Petpooja
Subscription as stated in various subscription plans is non-refundable except as expressly set forth in these cancellation and refund terms (hereinafter referred to as “Cancellation & Refund Policy”). Taxes may apply on the subscription fee. Your
paid Petpooja Subscription will be activated only upon successful payment of the Subscription Fee made through the Petpooja Platforms as per the applicable subscription plan chosen by you.
Subscription Cancellation & Refund
You may cancel your paid Petpooja Subscription any time by visiting Your Account and adjusting your subscription settings on any of the Petpooja Platforms. If you cancel the Petpooja Subscription within 15 business days of signing up for such paid
Petpooja Subscription, we will issue a credit note to you and refund your full
Subscription Fee, provided that we may charge you (or withhold from your refund)
the value of Petpooja benefits used by you and your account during this 15 business
day period by issuing a partial credit note to you. If you cancel the annual Petpooja
Subscription at any other time, we will raise a credit note and refund your
Subscription Fee only to the extent of your usage of the subscription plan of our
Petpooja Platform since the payment of the Subscription Fee.
If you cancel the monthly Petpooja Subscription, the subscription fee will be refunded only if you have not made any usage or taken advantage any of the Petpooja benefits since payment of your Subscription Fee.
We may in our discretion change the Terms of Service as well as this Cancellation & Refund Policy, or any aspect of Petpooja Subscription, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that
change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL
Termination by Us
We may terminate your Petpooja Subscription at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then subscription term, whether annual or monthly. However, we will not give any refund for termination related to conduct that we determine, in
our discretion, violates the Terms of Service or any applicable law, involves fraud or misuse of the Petpooja Subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms of Services or this Cancellation & Refund Policy will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE , IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PETPOOJA PLATFORMS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PETPOOJA SUBSCRIPTION.