Terms & Conditions Of This Website

Customer Privacy Policy:

We at Pond Consulting (hereinafter mentioned as "Pond Consulting" or “we”) are committed to protect our customers’ personal information and/or sensitive personal data and strive to maintain the privacy of your personal information.

For your information, “Personal information” is any information that can be used by itself to uniquely identify, or contact or know customer's preferences. For the purpose of this policy, sensitive personal data or information has been considered as a part of personal information.

Pond Consulting does collect your personal information for a variety of regulatory and business purposes. These include, but are not limited to:

1) Verify your identity
2) Complete transactions effectively and bill for products and services
3) Respond to your request for service or assistance
4) Perform business and operational analysis
5) Provide, maintain and improve our products and services
6) Anticipate and resolve issues and concerns with our products and services
7) Promote and market our products and services which we consider may be of interest to you and may benefit you
8) Ensure adherence to legal and regulatory requirements for prevention and detection of frauds and crimes.

Pond Consulting’s Privacy Policy is designed and developed to address the privacy and security of your personal information provided to us. This Privacy Policy describes the personal information which we may collect and provides our approach towards handling or dealing with the same.

Collection Of Personal Information:

You agree that Pond Consulting and its authorized third parties will collect information pertaining to your identity, demographics, contact details, service utilization and payment details etc. For the purposes of this document, a ‘Third Party’ is a service provider who associates with Pond Consulting and is involved in handling, managing, storing, processing, protecting and transmitting information of Pond Consulting.

This definition also includes all sub-contractors, consultants and/or representatives of the Third party.

You agree that we may also collect your personal information when you use our services or websites or otherwise interact with us during the course of our relationship.

Personal information collected and held by us may include your name, mobile phone number, and email address etc. Pond Consulting and its authorized third parties collect, store, process following types of Sensitive Personal Information such as password, transaction details, physiological information for providing our products, services and for use of our website. We may also hold information related to your utilization of our services which may include your browsing history on our website, transaction details and additional information provided by you while using our services.

In case you do not provide your information or consent for usage of personal information or later on withdraw your consent for usage of the personal information so collected, Pond Consulting reserves the right to not provide the services or to withdraw the services for which the said information was sought.

Disclosure And Transfer Of Personal Information:

Internal Use: As explained in the section Collection of Personal Information you agree that Pond Consulting and its employees may utilize some or all available personal information for internal assessments, measures, operations and related activities.

Authorized Third Parties: you agree that Pond Consulting may at its discretion employ, contract or include third parties (as defined in section 1: Collection of personal information) external to itself for strategic, tactical and operational purposes. Such agencies though external to Pond Consulting, will always be entities which are covered by contractual agreements. These agreements in turn include Pond Consulting’s guidelines to the management, treatment and secrecy of personal information.

You agree that to the extent permitted by the applicable laws in the country that we may transfer your personal information or other information collected, stored, processed by us to any other entity or organization located in country or outside only in case it is necessary for providing services to you or if you have consented (at the time of collection of information) to the same. This may also include sharing of aggregated information with them in order for them to understand our environment and consequently, provide you with better services. While sharing your personal information with third parties, adequate measures shall be taken to ensure that reasonable security practices are followed at the third party.

We may obtain your consent for sharing your personal information in several ways, such as in writing, online, through "click-through" agreements; or when your consent is part of the terms and conditions pursuant to which we provide you service. We, however assure you that Pond Consulting does not disclose your personal information to unaffiliated third parties (parties outside Pond Consulting corporate network and its Strategic and Business Partners) which could lead to invasion of your privacy.

Government Agencies: We may also share your personal information with Government agencies or other authorized law enforcement agencies (LEAs) mandated under law to obtain such information for the purpose of verification of identity or for prevention, detection, investigation including but not limited to cyber incidents, prosecution, and punishment of offences.

Electronic Communications:

When you use any of Pond Consulting services (the “Services”), or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Customer Responsibility:

For the scope of this portal, it is customer responsibility to select the right service for transaction and add or select the correct email address, mobile no, subscription plan, and amount. Pond Consulting will not be responsible for any incorrect entry and request for reimbursements.

Provision Of The Services By Pond Consulting:

Pond Consulting may have subsidiaries and affiliated legal entities in other countries (“Subsidiaries and Affiliates”). Sometimes, these companies may be providing the Services to you on behalf of Pond Consulting itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. Where Services are provided by Pond Consulting’ Subsidiaries or Affiliates, Pond Consulting will remain ultimately responsible for the provision of Services.

Pond Consulting are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Pond Consulting provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Pond Consulting may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Pond Consulting' sole discretion, without prior notice to you.

Service Payments:

For the scope of transactions on this portal, a customer will be allowed to make online payments using authorized credit card, debit card, net banking or mobile money services. The maximum amount of payment on this portal will be guided by the regulatory norms in the country.

In the rare possibilities of the service not getting confirmed for any reason whatsoever, we will process the refund and intimate SLA (service level agreement) you of the same. Pond Consulting is not under any obligation to make another transaction in lieu of or to compensate/ replace the unconfirmed one. All subsequent further purchases will be treated as new transactions with no reference to the earlier unfulfilled transaction of any services through this portal.

Any transaction failure on this portal can be due to payment failure at payment gateway level or service provisioning by Pond Consulting. Incase of unfulfilled service/ payment failure, the customer shall reach out to payment gateway OR Pond Consulting at the contact details given in the “contact us” page on this website. The User shall request for any refunds against the unfulfilled services through this portal within 30 days from the transaction date. For any such refund claim, customer need to share date, transaction ID, service requested, email id, mobile no and amount details with relevant customer care team. Any applicable refunds would accordingly be processed within 15 working days. No refund would be payable for any requests made after the expiry of 30 days as above and all unclaimed amounts for such unfulfilled service shall be deemed to have been forfeited.

Transaction Fee:

For online payment made via payment gateway (credit card, debit card, net banking, mobile money e.t.c), payment gateway partner reserves the right to charge transaction fee based on mode of payment and currency of payment. Pond Consulting/ payment gateway partner further reserves the right to alter any / all fees from time to time, without customer notice.

Exchange Rate & Foreign Transaction Fee:

For the scope of this portal, Pond Consulting will offer services in USD (United States Dollars) only. However, if a user intends to use a foreign currency card/ bank to process a payment on this portal then some banks/ credit card companies impose fees for international transactions. A user will have to bear such costs to enable transaction processing in foreign currency.

Also, to enable a transaction in a foreign currency, your bank/ financial institution will use a suitable exchange rate to process the transaction in USD. Customer will be billed in the foreign currency after using a suitable exchange rate. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a service paid on the Pond Consulting Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the local country. The currency exchange rate and foreign transaction fee is determined solely by the banking partner based on the time and date that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your banking partner or financial institution.

Liability Disclaimer:

The Information, Software and Services published on this website may include inaccuracies or errors, including pricing errors. In particular, Pond Consulting and its Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the services and pricing and other information as displayed on this Website. In addition, Pond Consulting expressly reserves the right to correct any pricing errors on our Website. Unless otherwise specified in writing, you expressly agree that your use of the Pond Consulting services is at your sole risk.

Disputes:

Pond Consulting is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Pond Consulting @ customer care support. If we are not able to resolve your Claims within 30 days, you may seek relief through arbitration or in small claims court, in the local country of operations for which the transaction was made to Pond Consulting.

Site Policies, Modification, And Severability:

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Pond Consulting reserves the right to change the terms, conditions, and notices under which the Pond Consulting websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

Limitation Of Liability:

Nothing in these Terms shall exclude or limit Pond Consulting' liability for losses which may not be lawfully excluded or limited by applicable law

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, Pond Consulting WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES), DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS, THE SERVICES, MATERIALS, OR THE FAILURE TO PERFORM ITS OBLIGATIONS.

Subject to overall provision in Section 12.1 above, Pond Consulting, their Subsidiaries and Affiliates, shall not be liable to you for any indirect or consequential losses which may be incurred by you. Indirect and consequential losses shall include (A) any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, or any loss of data suffered by you; (B) loss or damage which may be incurred by you as a result of (i) any changes which Pond Consulting may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; (iii) your failure to provide Pond Consulting with accurate account information, including mobile no, and email ID;

The limitations of Pond Consulting's liability to you in Section 12.3 above shall apply whether or not Pond Consulting has been advised of or should have been aware of the possibility of any such losses arising.

Pond Consulting's liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to Pond Consulting for the Services. Pond Consulting and you agree that this limitation reflects the damage that can be foreseen at the time of conclusion of this legal agreement between you and Pond Consulting, taking into account all circumstances the parties know or should know while exercising due care and that can arise from a breach of Pond Consulting’ obligations under these Terms.

Exclusion of Warranties:

The Services are provided “as is” and Pond Consulting, their Subsidiaries and Affiliates, give you no warranty with respect to them. In particular, Pond Consulting, their Subsidiaries and Affiliates, do not represent or warrant to you that; (A) your use of the Services will be uninterrupted, timely, secure or free from error; and (B) that defects in the operation or functionality of any software operated as part of the Services will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

Proprietary rights:

You acknowledge and agree that Pond Consulting owns all legal rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Pond Consulting and that you shall not disclose such information without Pond Consulting' prior written consent.