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TERMS OF SERVICE AGREEMENT

Last Updated : April 15, 2024

1. General

This Terms of Service Agreement (“Agreement”) is a legal contract between you and PopularBano(“we,” “our,” or “us”), regarding your use of www.popularbano.com and all site-related services (hereinafter referred to as “Site”).This site and the services on the Site are intended for use by creators, small and medium businesses and professionals who want to grow customer base, increase revenue and user ratings and become popular in their community. Based on your choice of PopularBano’s billing plan, PopularBano’s servicer/features are available to you for use.
You are requested to carefully read this Agreement and the Privacy Policy before using our Site. By using the Site, you agree to be bound by the terms of this Agreement and Privacy Policy. If you do not agree to any of these terms, please do not use the Site.

2. Intellectual Property Rights

All the content available on www.popularbano.com and all sites-related sites and services, including but not limited to text, documentation, look and feel, design, logos, icons, images, messages, feedbacks, graphics , software and all derivative works of PopularBano are the intellectual property of PopularBano (“intellectual property”)and are protected by copyright laws, trademark and intellectual property laws. PopularBano services may contain links to certain third-party websites that are not owned or controlled by PopularBano. Third party websites and content are protected by their copyright rules. We lack control over and therefore do not assume responsibility for the content, privacy policies, or practices of any third-party websites. If you access any third-party website from PopularBano, you do so at your risk as our terms and privacy policy do not apply to your use of such websites.

No part of PopularBano intellectual property may be copied, reproduced, transmitted, and distributed in any form or by any means whatsoever without express prior written consent of the owners. If PopularBano suspects that you have violated any provision of this Agreement, in its sole discretion and without notice may terminate this Agreement or suspend or terminate your access to PopularBano and its services.

3. Account

To use our services, you agree to open an account with PopularBano. You must provide true and accurate information about you or your business when opening an account. We reserve the right to suspend or terminate the account in case of false or inaccurate information. You agree and understand that you are responsible for keeping your login credential confidential and all activities occurring under your account. You must notify immediately PopularBano in the event of any unauthorized access to your account.

PopularBano offers free access to services with limited features for a limited period. Once the limited period expires, or if you wish to access additional features, you will need to select a suitable paid plan and make prepayment for the chosen period. If you do not purchase services by the end of the free access period, the services will be unavailable to you.
We reserve the right to increase our pricing at any time by posting on PopularBano pricing section. Any price changes will take effect upon 30 days’ notice by notification on website or email to you. You must timely pay all the subscription fees in accordance with the billing plan.

4.Your inputs and content submissions

If you submit your inputs, upload, or post your content to our website and services, you agree that you are solely responsible for all such submissions. We may use or not use them at our discretion without any restrictions. In this regard, PopularBano will not violate any copyright or intellectual property rights, and you will also not be entitled to any compensation.

5.Cancellation and Termination

You may cancel your account at any time using PopularBano app only. Email or phone requests to cancel your account is not accepted. Upon cancellation of your account, your subscription will be terminated immediately. You will still be responsible for all charges on your account up to the cancellation time, including the full fees for the current subscription period when you cancelled your account. Please note: You need to pay the subscription fee before your account can be restored for the next subscription period.

We can cancel your subscription and deny you service any time and without cost with or without notice immediately if you violate any terms of service or agreements with PopularBano.

6.Third party websites/Apps

Our website may contain links to third-party websites, services, or other events. Please note that these websites are not owned or controlled by us. We do not endorse any responsibility for any such websites, information, or services. Access to such third-party websites from our website, you do so at your own risk. You agree and acknowledge that our terms and our privacy policy do not apply to your use of such third-party websites.

7.Warranty disclaimer, Limitation of Liability

You acknowledge and agree that your use of the website or services and all the content you upload or post on the website or third-party content, you are solely responsible. The website and the services on the website or service are supplied on an “as is” and “as available,” without warranty of any kind, either express or implied, and all such warranties are disclaimed including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, title, non-infringement, or freedom from errors. PopularBano expressly disclaims any warranty regarding the accuracy or completeness of the content within its services or the content of any third-party websites. PopularBano assumes no liability or responsibility including but not limited to:
1.The services being uninterrupted, accessible, secure, timely, accurate, complete, and free from any viruses or errors.
2. Failure in the performance of service due to force majeure or any such occurrences.
3. Content, software, or hardware compatibility with the website or service.
4. Malfunctioning, inaccessibility, or non-usability of the services may arise due to inappropriate equipment, interruptions, or other problems related to internet and electronic communications service providers.
5. Any errors or omissions in any content, or any damages incurred because of the use of any content.

In connection with the service here, you acknowledge and agree that PopularBano and its owners, employees, directors, officers, and representatives will not be liable for any indirect, incidental, punitive, exemplary, enhanced damages or losses, regardless of the cause. Furthermore, PopularBano 's total liability for any claims arising from or related to the service shall not exceed the total amount paid by for the service for one billing period (either monthly or 30 days) but excluding any additional fees. By agreeing to this, PopularBano's responsibility is limited to the amount the customer paid for the service in that billing period.

In essence, PopularBano shall bear no liability whatsoever for any damages, liabilities, losses, or consequences arising from any update, suspension, or discontinuation of the website and/or its services. Should you find this site unsatisfactory, your only recourse is to discontinue its use.

8.Indemnity

You agree to indemnify, and hold harmless PopularBano, and its owners , directors, employees and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, arising out of this Agreement, the site or the services, including but not limited to: (1) any failure by you to comply with your obligations under these Terms of Service (2) violation of any law, or of the rights of any third party by you or your users or participant or visitors and (3) your use of and access to the website and services and (4) any user’s or visitors or participant’s content or activity. This defence and indemnification obligation shall endure beyond the duration of this Agreement and remain in effect following the termination of your use of the Services.

9.Severability, waiver, and jurisdiction

In the event if any provision of these Terms of Service or of any supporting document is invalid or unenforceable under any applicable law or court decision such unenforceability or invalidity shall not render this policy unenforceable or invalid as a whole and, in such instance, any such provision shall be changed and interpreted to best accomplish the objectives of such unenforceable or intended provision without altering its intent. We reserve the right to change any of the provisions of these Terms of Service as well as any supporting documents at any time by posting the modified document on website or by sending an email provided to us. This agreement together with the privacy policy or any other legal document published by us constitute the entire agreement between you and PopularBano regarding your access and use of the site or service. The failure by us to assert any right or provision to enforce these terms shall not be interpreted as a waiver. These terms and your use of the site or service shall be governed by Indian law.

10.Miscellenious

Changes to terms: We may update these terms of service from time to time. If we make any changes to our terms of service, we will update on the website home page. You are advised to visit this page from time to time. In case of major changes to our terms of service, we may also notify you by sending an email or posting an update on our home page.

Logo: As a customer, you hereby grant us the right to utilize your company name and logo on our website, as well as in any promotional or corporate communications.

Customer service: PopularBano is responsible for customer service-related issues related to PopularBano only. You are advised to contact customer support contact detail provided at www.popularbano.com using your account number. We may not reply or take any action based on “anonymous” support requests. Please note: For the website hosted for you by us, you are solely responsible for taking care of your customer support, privacy policy, term of service, intellectual property, disclaimers of warranty and liability etc. You agree to indemnify and hold harmless PopularBano from any liability or loss or damages arising out of the use of your website.

11.Contact us

Should you have any questions or complaints regarding this Terms of Service or Policy, you may contact us by email at dipali@popularbano.com