Punewala And Associates

TERMS & CONDITIONS

Business Name: Punewala And Associates
Udyam Registration Number: UDYAM-MH-04-0070193
Address: Back Side of Sant Eknath Rang Mandir, Osmanpura, Aurangabad – 431005, Maharashtra, India
Contact Number: 9028917599
Email: vijenderpal999@gmail.com

Effective Date: [Insert Date]

1. Introduction

Welcome to Punewala And Associates. These Terms and Conditions (“Terms”) govern your access to and use of our website, communication platforms, digital services, WhatsApp Business messaging services, Rich Communication Services (RCS), customer support systems, and any related products or services offered by Punewala And Associates.

By accessing, browsing, registering, subscribing to, or using any service provided by Punewala And Associates, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our services immediately.

These Terms constitute a legally binding agreement between you and Punewala And Associates and shall be enforceable under applicable laws of India.

2. Definitions

For the purpose of these Terms:

  • “Company,” “We,” “Us,” or “Our” refers to Punewala And Associates.
  • “User,” “You,” or “Your” means any individual, organization, customer, visitor, or entity accessing our services.
  • “Website” refers to any website, portal, mobile site, landing page, or online platform owned or operated by Punewala And Associates.
  • “Services” means all products, consultancy services, communications, customer support, WhatsApp messaging, RCS messaging, digital services, and related offerings provided by us.
  • “WhatsApp Services” means communications conducted through Meta’s WhatsApp Business Platform.
  • “RCS Services” means Rich Communication Services delivered through supported telecom operators and platforms.
  • “Content” includes text, images, videos, graphics, documents, software, data, communications, and materials available through our services.
  • “Applicable Law” refers to all laws, regulations, rules, and governmental requirements enforceable in India.

3. Acceptance of Terms

By accessing our website or using our services, you confirm that:

  • You have legal capacity to enter into a binding agreement.
  • You are at least 18 years of age or are accessing services under lawful supervision.
  • All information provided by you is accurate and complete.
  • You agree to comply with these Terms and all applicable laws.

Your continued use of our services constitutes ongoing acceptance of these Terms.

4. Description of Services

Punewala And Associates may provide professional consultancy, customer support, business-related assistance, digital communication services, online inquiries, appointment scheduling, information sharing, WhatsApp Business communications, RCS communications, and other lawful business-related services.

We reserve the right to:

  • Modify services at any time.
  • Add or remove features.
  • Suspend services for maintenance.
  • Improve service functionality.
  • Discontinue specific offerings without prior notice where legally permissible.

Nothing in these Terms guarantees uninterrupted availability of any service.

5. Eligibility

To use our services, you must:

  • Be legally capable of entering into contracts under Indian law.
  • Provide truthful and accurate information.
  • Use services solely for lawful purposes.
  • Not be prohibited from receiving our services under applicable regulations.

Businesses registering on behalf of organizations warrant that they possess authority to bind such organizations to these Terms.

6. Account Registration

Certain services may require registration or submission of personal details.

You agree that:

  • Information submitted is accurate.
  • Contact details remain updated.
  • Login credentials, if provided, are kept confidential.
  • You are responsible for activities conducted through your account.

Punewala And Associates reserves the right to suspend, restrict, or terminate accounts found to contain inaccurate, fraudulent, misleading, or unauthorized information.

We may require verification of identity before granting access to certain services.

7. User Responsibilities

Users agree to:

  • Use services lawfully.
  • Respect intellectual property rights.
  • Avoid unauthorized access attempts.
  • Refrain from transmitting harmful code.
  • Not engage in fraudulent conduct.
  • Provide accurate information.
  • Maintain confidentiality of account credentials.

You shall not:

  • Use services for unlawful marketing.
  • Send spam or unsolicited communications.
  • Harass, threaten, or impersonate others.
  • Upload malicious software.
  • Violate privacy rights of third parties.
  • Use automated systems that negatively affect service performance.

Any misuse may result in immediate suspension and possible legal action.

8. Payment and Billing Terms

Where paid services are offered:

  • Prices shall be communicated before purchase.
  • Payments must be completed through approved methods.
  • Applicable taxes may be charged separately.
  • Invoices may be issued electronically.

Failure to make payment may result in:

  • Service suspension.
  • Delayed delivery.
  • Cancellation of services.
  • Recovery proceedings where applicable.

Refunds, if any, shall be governed by applicable agreements, service-specific policies, and relevant consumer protection laws.

Punewala And Associates reserves the right to revise pricing structures at any time for future transactions.

9. Subscription Renewal and Termination

If any service operates on a recurring subscription basis:

  • Renewal terms will be disclosed at the time of subscription.
  • Users may cancel according to applicable cancellation procedures.
  • Outstanding dues remain payable after cancellation.

Punewala And Associates may terminate subscriptions if:

  • Payment defaults occur.
  • Fraudulent activity is detected.
  • Legal violations are identified.
  • Continued use poses operational or compliance risks.

Termination does not eliminate obligations incurred before termination.

10. Use of WhatsApp Official API and RCS

Punewala And Associates may communicate with customers through WhatsApp Business Platform and Rich Communication Services (RCS).

By providing your contact information, you acknowledge and agree that:

  • Messages may be sent regarding inquiries, services, support, appointments, updates, notifications, and lawful business communications.
  • Communications may be facilitated through Meta-approved systems and telecom-enabled RCS platforms.
  • Delivery depends on third-party platform availability.

Users shall not:

  • Abuse messaging channels.
  • Use automated systems to exploit communications.
  • Attempt unauthorized access to messaging infrastructure.
  • Violate Meta Business Messaging Policies.
  • Violate telecom or regulatory requirements.

All communications must comply with applicable regulations, including anti-spam and consumer protection laws.

11. Message Delivery and Compliance Policy

Punewala And Associates strives to ensure reliable delivery of messages through supported channels.

However:

  • Delivery cannot be guaranteed.
  • External network disruptions may occur.
  • Telecom outages may affect communications.
  • Meta platform limitations may impact delivery.

Users agree that message delivery depends on:

  • Network availability.
  • Device compatibility.
  • User permissions.
  • Third-party platform performance.

Messages may be monitored, logged, or processed where legally required for security, fraud prevention, compliance, quality assurance, and service improvement.

We reserve the right to refuse, suspend, or block messaging activities that violate applicable laws or platform policies.

12. Intellectual Property Rights

All intellectual property associated with Punewala And Associates remains our exclusive property unless otherwise stated.

Protected materials include:

  • Business name.
  • Logos.
  • Designs.
  • Website content.
  • Software.
  • Documentation.
  • Graphics.
  • Databases.
  • Marketing materials.

No license or ownership rights are transferred through use of our services.

Users may not:

  • Copy content without authorization.
  • Reverse engineer systems.
  • Reproduce proprietary materials.
  • Distribute protected content.
  • Create derivative works without written permission.

Unauthorized use may result in legal action.

13. Confidentiality

Both parties acknowledge that confidential information may be exchanged during service delivery.

Confidential information may include:

  • Business records.
  • Customer information.
  • Communication data.
  • Technical information.
  • Commercial details.
  • Strategic information.

Recipients agree to:

  • Maintain confidentiality.
  • Use information solely for authorized purposes.
  • Prevent unauthorized disclosure.

Confidentiality obligations shall survive termination of services except where disclosure is required by law or governmental authority.

14. Disclaimer of Warranties

Services are provided on an “as available” and “as is” basis unless otherwise expressly agreed in writing.

Punewala And Associates does not warrant that:

  • Services will be uninterrupted.
  • Services will be error-free.
  • Results will meet every expectation.
  • Communications will always be delivered.
  • Systems will remain free from temporary interruptions.

To the maximum extent permitted by law, all implied warranties are excluded, including warranties relating to merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes rights that cannot legally be excluded under Indian law.

15. Limitation of Liability

To the maximum extent permitted by law, Punewala And Associates shall not be liable for:

  • Indirect damages.
  • Consequential losses.
  • Business interruption.
  • Data loss.
  • Revenue loss.
  • Reputation damage.
  • Loss of opportunities.

Where liability cannot be excluded, our aggregate liability shall not exceed the amount actually paid by the user for the relevant service during the preceding twelve months.

This limitation applies regardless of the legal theory under which claims arise.

16. Indemnification

You agree to defend, indemnify, and hold harmless Punewala And Associates, its owners, employees, consultants, agents, contractors, and affiliates from any claims, liabilities, damages, losses, expenses, penalties, or legal costs arising from:

  • Violation of these Terms.
  • Misuse of services.
  • Breach of applicable laws.
  • Violation of third-party rights.
  • Unauthorized activities conducted using your account.

This obligation survives termination of services.

17. Governing Law

These Terms shall be governed and interpreted in accordance with the laws of India.

Any dispute arising from these Terms, services, communications, transactions, or related matters shall be subject to the jurisdiction of competent courts located in Maharashtra, India, unless otherwise required by applicable law.

Before initiating formal legal proceedings, parties are encouraged to attempt amicable resolution through good-faith negotiations.

18. Compliance with Laws and Platform Policies

Users agree to comply with:

  • Information Technology Act, 2000.
  • Digital Personal Data Protection Act, 2023.
  • Consumer Protection Act, 2019.
  • Telecom regulations.
  • Anti-spam regulations.
  • Meta Business Messaging Policies.
  • WhatsApp Business Terms.
  • Applicable RCS messaging guidelines.
  • Other relevant Indian laws and regulations.

Violation of such requirements may result in immediate suspension of services.

19. Force Majeure

Punewala And Associates shall not be responsible for delays or failures resulting from circumstances beyond reasonable control, including:

  • Natural disasters.
  • Government actions.
  • War.
  • Cyberattacks.
  • Telecom failures.
  • Internet disruptions.
  • Power outages.
  • Labor disputes.
  • Public emergencies.

Performance obligations shall be suspended for the duration of such events.

20. Changes to Terms

Punewala And Associates reserves the right to modify these Terms at any time.

Updated versions may be published on our website and shall become effective upon publication unless otherwise stated.

Users are encouraged to review these Terms periodically.

Continued use of services after updates constitutes acceptance of revised Terms.

21. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid provision shall be interpreted to reflect the original intent as closely as legally permissible.

22. Entire Agreement

These Terms constitute the entire agreement between Punewala And Associates and the user regarding the use of services and supersede prior understandings, communications, or agreements relating to the same subject matter.

23. Contact Information

For questions, notices, complaints, legal inquiries, privacy concerns, or compliance matters, please contact:

Punewala And Associates
Udyam Registration Number: UDYAM-MH-04-0070193
Address: Back Side of Sant Eknath Rang Mandir, Osmanpura, Aurangabad – 431005, Maharashtra, India
Phone: 9028917599
Email: vijenderpal999@gmail.com

By accessing or using any services provided by Punewala And Associates, you acknowledge that you have read, understood, and agreed to these Terms & Conditions in their entirety.