TERMS AND CONDITIONS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY PROCEEDING, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY ACCEPTED ALL TERMS SET OUT HEREIN.
By accessing the website located at www.powercret.com and any sub-pages, portals, or applications operated thereunder (collectively, the “Platform” or “Website”), developed, operated, and maintained by Powercret Solutions, a company incorporated under the laws of India having its registered office at B401-404, Times Square 2, Thaltej, Ahmedabad, Gujarat 380054, India (“the Company”, “we”, “us”, or “our”), you agree to be legally bound by the following terms and conditions and all related policies.
Before you use the Platform you must read all of the terms set out herein (“Terms”) and the Privacy Policy available at www.powercret.com/privacy-policy. You must be at least eighteen (18) years of age to use the Platform; by using it you warrant and represent that you are at least eighteen (18) years of age. References to “we”, “our”, and “us” mean the Company; references to “you”, “user”, and “your” mean any individual, organisation, or entity that accesses and uses the Platform.
It is strongly recommended that you revisit this page periodically to review the most current version of these Terms. The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice. Your continued access or use of the Platform following any modification constitutes your acceptance of the updated Terms. If you do not agree to these Terms or any subsequent modifications, you must immediately discontinue use of the Platform.
This Agreement is an electronic record published in accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It is generated by a computer system, does not require any physical or digital signature, and is enforceable to the same extent as a signed written agreement.
If this Agreement conflicts with any other document, this Agreement will prevail. In the event of conflict between Part A (General Terms) and Part B (Special and Additional Terms), the specific provisions of Part B shall control.
Part A — General Terms and Conditions of Use
- General
- To the extent that any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the courts at Ahmedabad shall have exclusive jurisdiction and shall endeavour to give effect to the parties’ intentions as reflected in the provision; the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
- Headings are for reference purposes only and do not limit the scope or extent of any section. The failure of the Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided herein, there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement between you and the Company and governs your use of the Platform and Services, superseding all prior agreements and communications, whether written or oral.
- Description of Services
- The Company is a certified Microsoft consulting and implementation partner providing enterprise-grade technology services to mid-market and enterprise clients. The Services currently offered through the Platform include:
- Digital Transformation Consulting: advisory and delivery services for the design and implementation of unified Microsoft technology stacks, including Dynamics 365, Power Platform, Azure, and Copilot, engineered to produce measurable business outcomes.
- Microsoft Implementation Services: fixed-price, fixed-timeline implementations across ERP (Business Central, Finance and Operations), CRM (Dynamics 365 Sales, Customer Service, Customer Insights, Field Service, Contact Center, Project Operations), Power Platform, and Azure, delivered by certified consultants.
- Managed Support Services: SLA-backed ongoing support, proactive monitoring, release wave management, and FinOps for Dynamics 365, Power Platform, and Azure environments.
- Staff Augmentation: provision of certified Dynamics 365, Power Platform, and Azure consultants for embedded deployment within client delivery teams.
- Further details relating to the Services may be accessed at www.powercret.com. The Company reserves the right to introduce, withdraw, or modify Services at any time in its sole discretion. Users shall be bound by these Terms regardless of whether they are availing paid services or not. Content hosted on the Platform is licensed, not sold. The Company reserves the right to introduce additional terms in future as may be mandated by competent authorities.
- In the course of using the Platform, you provide consent for the Company to collect and store login information, name, address, email address, phone number, geographical location, and other data as may be reasonably required. You acknowledge that some or all of this information may constitute personal information, and you unconditionally consent to the Company storing, using, processing, and transmitting such information for the purposes described in the Privacy Policy. The Company may use analytics tools including Google Analytics and similar platforms over such data. The Company may also engage third-party service providers; direct or indirect integrations may be made with such providers to render certain services.
- Registration
- Registration with the Platform is by way of creating a user account. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you at the time of registration and thereafter.
- You agree that the Company may contact you electronically, by telephone, or through its online or offline channels to understand your interest in the Services and to fulfil your requests. You also agree that the Company may make your contact details available to its partners and affiliates, and you may be contacted by such parties through email, SMS, telephone, or any other mode of communication. By registering, you specifically grant consent to receive transactional, service-related, and promotional communications from the Company.
- User Account, Password and Security
- If you use the Platform, you shall be responsible for maintaining the confidentiality of your display name and password, and you shall be responsible for all activities that occur under your credentials. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, the Company shall have the right to indefinitely suspend, terminate, or block access of your account on the Platform.
- You agree to immediately notify the Company of any unauthorised use or breach of your password or account and to ensure that you exit from your account at the end of each session. You shall create and maintain a strong password containing alphanumeric characters and special characters, and the Company recommends that passwords be changed at regular periodic intervals.
- Proprietary Rights
- You acknowledge and agree that the Company owns all legal rights, title, and interest in and to the Platform and the Services, including all intellectual property rights subsisting therein, whether registered or unregistered, wherever in the world those rights exist. All content displayed on the Platform is the sole property of and in the exclusive ownership of the Company.
- Copyright exists in the content on the Platform as well as in the Platform itself and shall remain in the sole custody, possession, control, and ownership of the Company. The trademarks, logos, designs, and service marks displayed on the Platform are the sole property of the Company and shall remain so.
- You have no right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You may not remove, obscure, or alter any proprietary rights notices affixed to or contained within the Platform or Services. You are strictly prohibited from modifying, copying, altering, distributing, displaying, publishing, or mutating any part of the Platform or Services outside the Platform.
- You further acknowledge that the Platform may contain information designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent. You may not copy, create derivative works from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Platform or Services.
- Licence and Permitted Use
- The Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and make use of the Platform and Services solely for your internal business purposes. This licence does not include any right to:
- copy, extract, or reformat any information for the benefit of another individual, vendor, or third party that has not subscribed to the Platform;
- cache, hyperlink unauthorised to the Platform, or frame any content available through it;
- upload, post, or transmit any content that you do not have the right to make available or that contains software viruses or other harmful code;
- use data mining, robots, spiders, or similar data gathering and extraction tools;
- bypass any measures used by the Company to prevent or restrict access to the Platform; or
- use the Platform or Services to develop a competing product or service.
- By using the Platform, you additionally agree not to:
- Use the Platform or its contents for any purpose other than as defined herein;
- Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
- Access, monitor, or copy any content or information on the Platform using any automated means or any manual process without express written permission;
- Violate any robot exclusion headers or bypass or circumvent other measures employed to limit access;
- Take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure;
- Deep-link to any portion of the Platform without express written permission;
- Frame, mirror, or otherwise incorporate any part of the Platform into any other website without prior written authorisation;
- Post or transmit any content that is defamatory, obscene, pornographic, invasive of privacy, harassing, racially or ethnically objectionable, or otherwise contrary to applicable law;
- Deceive or mislead users about the origin of any message or knowingly communicate patently false or misleading information;
- Threaten the unity, integrity, defence, security, or sovereignty of India or friendly relations with foreign States, or cause incitement to any cognizable offence;
- Breach any restrictions or guidelines imposed by competent authorities from time to time;
- Remove any proprietary notices or labels on the Platform or its content;
- Use the Platform, content, or Services for any purpose that is unlawful in any jurisdiction.
- Any unauthorised use shall terminate the limited licence granted to you and shall entitle the Company to seek compensation as it may determine.
- The Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and make use of the Platform and Services solely for your internal business purposes. This licence does not include any right to:
- Your Account
- You represent and warrant that you are of legal age and not a minor, competent to contract, of sound mind, under no coercion or undue influence, and not a competitor of the Company or a person barred from receiving the Services under the laws of India or any applicable jurisdiction. You will use the Platform only for legitimate purposes, and will provide true, accurate, current, and complete information. If any information you provide is or becomes untrue, inaccurate, or incomplete, the Company has the right to refuse or deny access to any current or future use of the Platform by you.
- Notwithstanding the above, the Company retains the right at its sole discretion to deny access to any person at any time and for any reason, including for violation of this Agreement, without notice.
- Our Partners and Consent
- The Company’s display of any product options offered by third parties does not imply any sponsorship, recommendation, or approval of such third parties or their products. The Company does not provide any recommendation, opinion, or advice regarding third parties or their products. You agree that the Company is not responsible for the accuracy, timeliness, or completeness of information it may obtain from third parties. Any interaction with a third party introduced through the Platform is at your own risk, and the Company will have no liability or responsibility with respect to any acts, omissions, errors, representations, warranties, breaches, or negligence of such third parties.
- You undertake and confirm that all information and data furnished by you to the Platform is true and correct. You acknowledge and confirm that you have consented to share such data with the Platform and its future partners. While the Company takes industry-standard measures to safeguard user data, it disclaims any obligation beyond what is required under applicable law. The Company reserves the right to delete user data at any time where a breach of these Terms is found, at its sole discretion.
- Local Laws
- The Company controls and operates the Platform from its headquarters in Ahmedabad, Gujarat, India. If you use the Platform from other locations or jurisdictions, you are solely responsible for compliance with applicable local laws and regulations, including export, import, taxation, fiscal, and economic laws. By agreeing to these Terms, you confirm that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as set out herein or in Part B.
- Submitted Content
- The Company does not claim ownership of any information, data, documents, or materials (“Materials”) of any kind made available by you through the Platform. At the Company’s sole discretion, such Materials may be included in the Services in whole, in part, or in modified form. With respect to any Materials you submit or make available, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof.
- You represent, warrant, and covenant that any Material you provide does not include anything to which you do not have the full right to grant the licence specified above. The Company takes no responsibility and assumes no liability for any Material posted or submitted by you. The Company has no obligation to post your Material and reserves the right in its absolute discretion to determine which Material is published. You are fully and solely responsible for the genuineness, veracity, and authentication of the Material you submit.
- You are prohibited from posting or transmitting to the Platform:
- Any commercial material or content including solicitation of funds, advertising, or marketing of any goods or services, unless specifically required by the Company;
- Any unauthenticated or manipulated data in any form leading to forgery or business deal failures.
- Any non-compliance with the above shall entitle the Company to take strict action as it deems fit. You shall be solely liable for any damages, claims, costs, and expenses resulting from any violation.
- Limitation of Liability
- THE COMPANY AND ITS PARTNERS, SUBSIDIARIES, JOINT VENTURES, ASSOCIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND SERVICE PROVIDERS (COLLECTIVELY, “THE COMPANY’S ASSOCIATES”) WILL NOT BE RESPONSIBLE OR LIABLE FOR:
- any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, arising out of or connected with: (i) any failure or delay in the use of or inability to use any component of the Platform; (ii) any use of the Platform, content, or Services; (iii) the performance or non-performance by the Company or the Company’s Associates; or (iv) any errors or omissions in any content or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
- any damages to or viruses that may infect your computer equipment or other property as a result of your access to the Platform or your downloading of any Service or content therefrom;
- any unanticipated, unforeseen damages, risk, or claims that may arise due to usage of the Platform.
- In no event shall the Company, its affiliates, directors, employees, advisors, service providers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you have paid to the Company in the twelve (12) calendar months immediately preceding the event giving rise to the claim. Where no fees have been paid, the Company’s aggregate liability shall not exceed INR 10,000 (Indian Rupees Ten Thousand). The limitations in this Section reflect a reasonable allocation of risk between the parties.
- Indemnity
- You agree to indemnify, release, and hold harmless the Company and the Company’s Associates from and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests, or other costs or expenses of any kind, including reasonable legal fees, arising out of or related to:
- breach of this Agreement;
- violation of any law or the rights of a third party; or
- use of the Platform or Services.
- You agree to indemnify, release, and hold harmless the Company and the Company’s Associates from and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests, or other costs or expenses of any kind, including reasonable legal fees, arising out of or related to:
- Electronic Communication
- When you use the Platform, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company may communicate with you by email, by posting notices on the Platform, by telephone, or by any usually available means. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
- Platform-Provided Message Postings
- The Platform may provide users with the ability to post messages. The Company is under no obligation to review any messages, information, data, or content (“Postings”) posted by users and assumes no responsibility or liability relating to any such Postings. The Company may, however, monitor Postings and may decline to accept or remove any Postings.
- You agree not to use any functionality provided by the Platform to post content that contains:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racist, or otherwise objectionable material, or any material that encourages conduct constituting a criminal offence or civil liability under applicable law;
- Advertisements or solicitations of any kind;
- Impersonation of others or provision of false information;
- Personal information such as phone numbers, account numbers, or addresses;
- Messages containing confidential information or purporting to speak on behalf of the Company without authorisation;
- Unauthorised downloads of copyrighted or private information;
- Chain letters or bulk messages of any kind;
- Identical or substantially similar messages to multiple recipients advertising any product, service, or political message.
- Blogs
- The Company may post blogs on the Platform, which may be written by the Company or contributing authors. Blog content is made available for informational and educational purposes only and does not constitute legal, business, professional, or tax advice. You agree that your use of any Company blog does not create an attorney-client relationship, and blog content does not constitute legal advice. Information provided through blogs may not reflect the most current legal or regulatory developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular situation. The Company and all contributing authors expressly disclaim all liability to any persons with respect to actions taken or not taken based on the contents of any blog.
- Information and comments posted in blogs represent exclusively the personal views of the authors and do not necessarily represent the views of the Company or its editors. No blog articles may be reproduced without the express written permission of the Company. If the Company grants permission to reproduce a portion of an article, the text must be accompanied by a link to the full article and a statement attributing the text to the Company. The Company may terminate any grant of permission at any time. All text, graphics, and arrangements on the blogs are the copyrighted works of the Company and/or its licensors.
- Links and External Platforms
- The Platform or third parties may provide links to other websites or third-party resources. Such links are provided solely for your convenience and information. The Company has no control over such external sites and resources, and does not endorse, and is not responsible or liable in any manner whatsoever for, any such third-party content, advertisements, products, or other materials.
- You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services. The Company reserves the right to store and process browsing history as may be required for internal analysis purposes.
- Access to Password Protected or Secure Areas
- Access to and use of password-protected or secure areas of the Platform is restricted to authorised users only. Unauthorised individuals attempting to access or accessing these areas of the Platform may be subject to prosecution or legal action under applicable laws.
- Modification and Notification of Changes
- The Company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, and this Agreement at any time. If the Company makes a material modification to this Agreement, you are advised to refer to this Agreement periodically. Your continued use of the Platform constitutes acceptance of the revised Agreement.
- Survival of Terms
- Notwithstanding any other provision of this Agreement or any general legal principle to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
- Your Telephone Calls
- Telephone calls that you make to the Company’s customer service helpline on the numbers mentioned in the Contact Us section of the Platform, or calls made by the Company’s support desk, may be monitored or recorded for quality assurance and training purposes. A recording will only be used under proper and careful supervision. You agree to maintain appropriate standards of conduct during all tele-communications with the Company and to comply with all applicable laws and regulations relating to telephone calls.
- Feedback
- The Company welcomes your feedback. The Company will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Company programmes. Please do not reveal trade secrets or other confidential information in your messages to the Company. Any and all rights to materials submitted to the Company become the exclusive property of the Company. The Company is not bound to act on any complaint or feedback received but shall, in good faith, use its best efforts to improve the Platform to the extent possible.
- Additional Terms and Conditions
In addition to Part A, users who access specific categories or sections of the Platform are bound by the special and additional terms and conditions governing those sections as set out in Part B. Users are required to review, accept, and confirm such special terms before accessing the relevant Services. By accessing those sections, you agree to be bound by the additional terms. In the event of any inconsistency between Part A and Part B, the specific provisions of Part B shall prevail.
Part B — Special and Additional Terms and Conditions
In addition to the terms and conditions set out in Part A, the following Special and Additional Terms and Conditions are applicable to all users engaging with the Company’s Services. In the case of conflict between Part A and Part B, the specific provisions of Part B shall prevail. All registered users shall ensure compliance with the following terms at all times through the Platform of the Company, which shall include its third-party partners, employees, affiliates, agents, and representatives where the context so requires.
- Microsoft Ecosystem and Third-Party Integrations
- The Services are designed and delivered within the Microsoft Ecosystem. The Company is an independent entity and is not Microsoft Corporation or an agent thereof. All Microsoft products and platforms accessed, deployed, or configured as part of the Services remain subject to Microsoft’s own licensing terms, service agreements, and acceptable use policies. The Company makes no representations regarding Microsoft’s platform availability, feature roadmap, pricing changes, or policy modifications, and accepts no liability for the same.
- The Company does not control and shall not be responsible for any modification, suspension, deprecation, limitation, pricing change, compatibility issue, or discontinuation implemented by Microsoft or any third-party platform provider. Certain integrations, APIs, connectors, or automation methods may be subject to platform-level restrictions, availability constraints, or future compatibility limitations imposed by the relevant provider.
- Where the Services include AI-assisted insights, summaries, recommendations, or analytical outputs (including outputs generated through Microsoft Copilot and related tools), such outputs are generated for informational and operational assistance purposes only and must not be construed as professional, legal, financial, regulatory, or technical advice. Users must independently verify all AI-generated or automated outputs before reliance or implementation. The Company disclaims all liability arising from reliance placed on such outputs.
- Confidentiality
- The provisions of this Section are in addition to the provisions of the Privacy Policy. All information shared by you as a registered account holder with the Platform shall be deemed confidential information, and the Platform has put in place reasonable and appropriate protective measures to ensure that its confidentiality is protected.
- If such information is shared with any third parties, those parties shall be responsible for maintaining its confidentiality in accordance with applicable law and shall be liable in the event of any breach. The Platform shall have the right to share user information with third parties, service providers, regulatory or statutory authorities, or any other agency as required under applicable law, as well as with its partners, employees, alliances, affiliates, agents, and representatives on a need-to-know basis.
- All information shared by third parties with you on the Platform shall also be treated as confidential information (unless it is publicly available) and you shall take appropriate and reasonable measures to protect it. Any breach or negligence on your part leading to third-party claims against you, the Company, or the Platform shall be handled and settled by you at your own cost and expense.
- Indemnity
A breach or non-compliance of these Special Terms and Conditions by you can cause severe and irreparable loss and damage to the Company, the Platform, or a third party. The Company and the Platform reserve the right to recover all losses, costs, and expenses incurred as a result of your breach of or failure to comply with any provision of this Part B.
- Dispute Resolution
Amicable Settlement
If any dispute arises between the parties in connection with the validity, interpretation, implementation, or alleged breach of any provision of this Agreement, the disputing parties shall endeavour to settle such dispute amicably through good-faith negotiation. The attempt to bring about an amicable settlement shall be considered to have failed if the dispute is not resolved within thirty (30) days from the date on which the dispute arose.
Arbitration
If the disputing parties are unable to amicably settle the dispute within the period specified above, any party shall be entitled to serve a notice invoking arbitration. The arbitration shall be conducted and managed under the Arbitration and Conciliation Act, 1996, as amended by the Arbitration and Conciliation (Amendment) Act, 2015. All disputes shall be referred to a sole arbitrator if the parties agree upon one; otherwise each party will appoint one arbitrator within fifteen (15) days, and both appointed arbitrators shall jointly appoint the presiding arbitrator within ten (10) days. The decision of the arbitrator(s) shall be final and binding on the parties. The place of arbitration shall be Ahmedabad, India, and all proceedings shall be conducted in the English language. Judgment upon any arbitral award may be entered in court, or application may be made to such court for judicial acceptance of the award and an order of enforcement. The courts at Ahmedabad, India shall have sole and exclusive jurisdiction over all questions relating to the validity of the arbitration provisions. Notwithstanding the foregoing, either party may seek urgent interlocutory or injunctive relief from a court of competent jurisdiction where necessary to protect its rights.
- Governing Law and Jurisdiction
This Agreement and the relationship between you and the Company shall be governed by the laws of India, including the Information Technology Act, 2000, the Contract Act, 1872, the Copyright Act, 1957, and the Digital Personal Data Protection Act, 2023, without regard to conflict of law principles. Subject to the arbitration provisions, the courts located in Ahmedabad, India shall have exclusive jurisdiction with respect to any legal proceedings arising in connection with this Agreement. Users accessing the Platform from jurisdictions outside India are responsible for ensuring that their access and use is lawful in their respective jurisdictions.
- Warranties and Disclaimer
The Company reserves the right to discontinue or alter any or all of its Services and to stop publishing the Platform at any time at its sole discretion and without notice or explanation. Save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SUBJECT MATTER OF THESE TERMS AND THE USE OF THE PLATFORM. THE PLATFORM, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ITS SOLUTIONS AND SERVICES.
In no event shall the Company, its officers, directors, employees, advisors, vendors, service providers, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage resulting from your access to or use of the Platform; (iii) unauthorised access to or use of the Company’s servers or any personal or financial information stored therein; (iv) interruption or cessation of transmission to or from the Company’s servers; (v) bugs, viruses, Trojan horses, or similar harmful code transmitted to or through the Platform by any third party; (vi) errors or omissions in any content or loss or damage incurred as a result of use of any content made available via the Platform, whether based on warranty, contract, tort, or any other legal theory; or (vii) disclosure of information pursuant to these Terms or the Privacy Policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
- Termination
The Company may, in its sole discretion, restrict, suspend, or terminate your access to the Platform and Services, in whole or in part, with or without notice, in the event of: (a) a material breach of this Agreement that is not remedied within fourteen (14) days of written notice; (b) your insolvency or the commencement of any insolvency proceeding; (c) your continued use creating a legal or regulatory risk for the Company; or (d) any other reason the Company determines in its reasonable discretion. Upon termination: (i) all licences granted to you under this Agreement cease immediately; (ii) you must immediately discontinue all use of the Platform and Services; and (iii) accrued payment obligations and all provisions that by their nature survive termination shall remain in full force.
If you terminate access based on a breach by the Company, the Company reserves the right to determine the appropriate remedy in accordance with applicable law and this Agreement. The Company reserves the right to refuse to provide future services to any user who has breached this Agreement.
B9. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the reasonable control of such party, including but not limited to acts of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, acts of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, failure of internet or telecommunications infrastructure, or any other natural or man-made event outside the affected party’s control. The party affected by such an event shall forthwith inform the other party and shall use all reasonable endeavours to comply with the terms of this Agreement. If a Force Majeure Event continues for a period exceeding sixty (60) consecutive days, either party may terminate the affected engagement by written notice without liability, other than for fees due for Services already delivered.
- ACKNOWLEDGEMENT AND ACCEPTANCE
By clicking “I Accept”, accessing the Platform, or using any Service, you confirm that you have read and understood this Agreement in its entirety — including Part A, Part B, the Privacy Policy, and all applicable policies — and agree to be bound by all its provisions. This Agreement has the same force and effect as a signed written contract.
Contact Information
For any queries, notices, or communications regarding this Agreement, please contact:
Powercret Solutions
B401-404, Times Square 2, Thaltej, Ahmedabad, Gujarat 380054, India
Email: info@powercret.com
Phone (India): +91 987-981-3647
Phone (USA): +1 302-450-5541
Phone (Australia): +61 491-765-237
Website: www.powercret.com