Terms and conditions

These terms and conditions of use (“Terms” or “Agreement”) are a binding contract between Planet Holding Ltd and its subsidiaries (hereinafter referred to as “Planet”, “we”, “us” and “our”) and You (“you” or “your”). By using the site, you agree to be bound by these Terms and the end user license agreement if any, on the
www.planetsmartcity.in website (the “site”). If you do not agree to all these terms, you are not authorized to use this site.

Please read these terms of use carefully before using the services offered by us. These terms of use set forth the legally binding terms and conditions for Your use of the Planetsmart City website, www.planetsmartcity.in and the Planet App/ Planet Paysa mobile application together referred
to as the “Site“, and any sub-domains and the services, features, content or widgets available through the Site (collectively with the Site, referred to as the “Service(s)”), which includes an information-technology platform for providing society, payment management services, as more fully described on the Site to apartment complexes/residential society or such other residential facility as the case may be (“Designated Premises/Payee”).

Chargeback claims means transaction disputed by the credit/debit cardholder/ User

Payment Gateway For the purpose of payment gateways, we may collaborate with secure payment gateways. Planet provides the information and services on the site to you conditioned upon your acceptance, without modification, of the terms. This agreement may change from time to time and it is your responsibility to review them when conducting business herein.

ACCEPTANCE & ACCESS

1.1 By registering for and/or using the Service in any manner, You agree to all of the terms and conditions contained herein (“Terms of Use” or “Terms“), which also incorporate Planet’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time by Planet, each of which is incorporated by reference and each of which may be updated by Planet from time to time without notice to You in accordance with the terms set out under the “Modifications” section below.
1.2 In addition, some Services offered through the Service may be subject to additional terms and conditions specified from time to time. Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the service.
1.3 By using this website, you certify that you have read and reviewed this agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this agreement, you are advised to stop using the website accordingly. Planet only grants use and access of this website, its services to those who have accepted its terms.

REGISTRATION

2.1 As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
2.2 All instructions transmitted by or received from anyone presenting your password on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.

MODIFICATIONS

3.1 At the Site, you are bound by the version of this Agreement that is in effect on the date of your visit. This Agreement may change from time to time, so please review it when you visit the Site.

LICENSE TO USE

4.1 We hereby grant you a limited, revocable, non-transferable, non-sub licensable license, under the rights Planet has in the Site’s content, to view and use the Site solely for acquiring information in accordance with the Agreement.
4.2 The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. As between you and Planet, we retain all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content completely or in part, for any other purpose is expressly prohibited.
4.3 The Site and all content contained therein is protected by copyright and intellectual property rights under both Indian Laws and foreign laws and all rights not expressly granted are reserved by Planet, its affiliates, and its partners. Subject to applicable law, Planet reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

YOUR REPRESENATIONS AND WARRANTIES

You represent and warrant for the benefit of Planet that:

5.1 you are at least 18 years of age;
5.2 you will keep your registration information current, true and accurate;
5.3 you will be responsible for all use of your password even if such use was conducted without your permission;
5.4 all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
5.5 you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

COPYRIGHTS & TRADEMARKS

6.1 Copyright in works contained in the Site, including but not limited to all Content, features, functionality software, design, text, and images, are Planet’s exclusive property, or licensed by Planet, except as otherwise expressly stated. You may access the Site only for your use of the Services offered.
6.2 All trademarks, service marks, trade names, and other forms of intellectual property are proprietary to Planet. No information, code, algorithms, Content or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Planet’s express written permission. The use of any such materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

PAYMENTS

7.1 You hereby authorize us to initiate transaction entries.
7.2 If you are paying by credit card, debit card you authorize to charge your card or bank account for all fees payable to the Payee. You further authorize the payment gateway to process payments.
7.3 If you believe a transaction was made improperly, we in our sole discretion may void or rescind any transaction made through the payment gateway prior to remittance of such payment to your payee.
7.4 Payment disputes arising after payment has been settled to your payee are between you and payee alone.
7.5 We reserve the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time payee will return the payment amount entered into the Payment Gateway.

THIRD PARTY LINKS

8.1 We may provide links to third-party websites from the Site. We are not responsible for and do not endorse the informational content or any products or services available on any third-party website and do not make any representations regarding its content or accuracy. We take no responsibility and assume no liability for any content in such sites. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third party.

INDEMNITY

9.1 You agree to defend, indemnify and hold harmless Planet, its officers, directors, employees, agents, licensors from and against all third party claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal fees, arising in connection with your use of the site or resulting from, or alleged to result from, your use of the site or your violation of this terms or any law. We will not be responsible or liable for unauthorized access of facilities or to your data or programs due to accidents, illegal or fraudulent means or devices.
9.2 We won’t be held responsible for services that are delayed due to war, riot, embargoes, strikes, or accidents. If this agreement is terminated, the indemnity provisions in this article will remain in effect.
9.3 You consent to defend, indemnify, and hold us harmless from any and all claims arising from your use of any services contemplated by this agreement that harm you or any other party. This agreement is made on behalf of your company, society, or you, the individual.

DISCLAIMERS AND WARRANTIES

10.1 Planet provides the site “As in” and “As available”. To the maximum extent permitted by law, we make no representations, warranties or conditions of any kind, express or implied, as to the operation of the site or the information, or content concluded in the site.
10.2 To the maximum extent permitted by law, we expressly disclaim all representations, warranties or conditions of any kind. Whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance.
10.3 Planet shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall Planet be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the Services.

WAIVER AND RELEASE OF LIABILITY

11.1 Your access and use of this website is at your own risk. To the fullest extent permitted by law you hereby waive and release us from any and all claims, losses, costs or damages of any nature whatsoever resulting from or in any way related to your use of this site. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. We will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use or for any incidental, special, indirect, punitive or consequential damages, arising out of or in connection with your use of this site.
11.2 Planet assumes no liability whatsoever for any monetary or other damage suffered by the user due to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment gateway or services in connection there to; and/ or any interruption or errors in the operation of the payment gateway.
11.3 We will not be liable to you for any issues arising out of the financial obligations between you and the payee.

GOVERNING LAW

12.1 All applicable laws govern your access to this website. These terms of use shall be governed by and construed in accordance with the laws, without giving effect to any principles of conflicts of law.

MISCELLANEOUS

13.1 We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
13.2 These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Planet. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Planet will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.

TERMINATION

14.1 We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person

CONTACT US

For questions or concerns about the use of personal information or about these terms, technical queries please contact
appsupport.india@planetsmartcity.com. To view Planet’s privacy policy click here