ELIGIBILITY

By registering with PAH and accessing the PAH Services, you are representing the following:

  1. You are 18 years of age or older;
  2. You are capable of entering into a legally binding agreement; and
  3. You are not barred or otherwise legally prohibited from accessing or using the PAH App and PAH Services.

If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that PAH does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements. Please read the terms and conditions carefully before registering, accessing or using the PAH Services (defined below) offered through the PAH.club website, PAH App (defined below) or through applications or websites of PAH (defined below). These terms and conditions are a legal contract ("Terms of Use") between You and P A Hameed & Associates (“PAH”) having its registered office at Cherooty Road , Kozhikode, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the PAH Services and/or immediately terminate the Services and/or uninstall the PAH App.

1. DEFINITIONS

“PAH”, “P A Hameed & Associates ” “We”, “Us”, “Our” means PAH.

“You”, “Yours”, “Yourself”, “User”means any prospective user, or registered user of PAH, including but not limited to customers and Commercial Partners.

“PAH App” means mobile application(s), hosted by PAH for providing services to the Users, and Commercial Partners.

‘PAH Platform” means any platform owned/subscribed/used by PAH including but not limited to the PAH Website, the PAH App, other mobile applications, devices, URLs/links, notifications, chatbots, PAH’s social media channels or any other communication medium or mechanism used by PAH to provide services to the Users.

“PAH Website” means www.pahameed.com or any other website hosted or registered by PAH or “PAH Services” means and include all services offered / to be offered by PAH, directly.

2. YOUR USE OF PAH

You agree that:

  1. Your use of the App shall not violate any applicable law or regulation.
  2. Your use of the PAH App, and PAH Platforms shall be only for personal purposes.
  3. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
  4. You are responsible for all activity that occurs under your account.
  5. You are responsible for maintaining the confidentiality of the access PAHentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify PAH of any unauthorized use of your passcode or account or any other breach of security.
  6. You agree that You are aware and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your PAH App, (ii) permit them to transact on Your account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
  7. You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the PAH App, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
  8. You shall not access or use the PAH App in any manner that (i) may be harmful to the operation of the PAH App or its content; (ii) may be unlawful; (iii) maybe harmful to PAH or to any other User; (iv) may hinder the other User’s enjoyment of the PAH App; or (v) to defraud other Users, PAH or any Commercial Partner.
  9. You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the PAH App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the PAH App.
  10. You shall not delete or modify any content of the PAH App.
  11. Your use of the PAH App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the PAH Services. Please note that your continued use of the PAH App following such Updates would mean deemed acceptance by you of the same.
  12. You understand and accept that not all products, services and rewards offered on the PAH App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by PAH on the PAH App or other PAH Platforms. PAH reserves the right to determine the availability and eligibility for any product, services and rewards offered on the PAH App or any PAH Platform.
  13. You shall request PAH, to block the Account and change the passcode immediately for the account, if your device has been lost or stolen.
  14. You agree that if you purchase any insurance policies via the PAH App, the nominee for such policy shall be Your legal heirs (if stated therein, and if not stated, the same shall be read to mean that no nominees are listed), and You will contact the respective insurer who has issued you the policy to make any updates to the nominees. PAH shall not be responsible for any change required to be made in the list of nominees to Your insurance policies.
3. VIOLATION OF TERMS OF USE / SUSPICIOUS ACTIVITY

If We believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy, Supplemental Terms applicable to certain services or any agreements consented to via the PAH App, we reserve the right to suspend your access to the PAH App and/or delete your account without prior notice to You. If We have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the PAH Services. If we suspect that any feature, offer or reward promotion is being availed by You in a manner (i) that is disingenuous (for example: placing orders without intending to take delivery or intending to subsequently cancel all or substantially all of them); (ii) that it is not intended to be availed; (iii) that purports to artificially increase (or decrease) your transaction volume or usage of the App (for example: paying rent or PAHit card bills by breaking them down into numerous smaller transactions); (iv) that is designed to deliberately side step fair use restrictions; (v) that may result in you gaining an undue, unfair or unethical advantage over other Users or Commercial Partners; (vi) that is intended to cause losses or other harm to Commercial Partners, PAH reserves the right to reverse the relevant transaction, suspend the account or restrict you from using the App in its entirety or any specific feature(s) thereof. You may reach out to the PAH support team to assist you with any query or question arising as a result of the aforementioned suspension/ deletion.

4. TERMINATION / DELETION OF YOUR ACCOUNT

You may end your legal agreement with PAH at any time by deactivating your account and discontinuing the use of the PAH Services. We provide all our Users an option through which a User may request archive of a specific card stored on his/her account or deletion/deactivation of the complete account through the support section on the PAH App.

Following a request for deletion, or termination of account by PAH, We consider the agreement to be terminated and take appropriate steps. Provided however, PAH may continue to maintain transaction records for record keeping purposes and/or regulatory reasons. Deletion of the account or Termination also does not terminate Your obligations undertaken prior to deletion or termination of the account including but not limited to the obligation to repay any loan or PAHit line availed by You. PAH may continue to retain a record of your transactions made on the PAH App for regulatory and archival purposes.

6. PRIVACY

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you also hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the PAH Services may be shared with our subsidiaries, affiliates or partners, and/ or used by us for enhancing the PAH Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

7. DISCLAIMER

The PAH Services, including all content, software, functions, material, and information made available or accessible through the PAH Platform are provided “as is”. PAH, and their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services. PAH does not warrant that the functions contained in content, information and materials on the PAH App, including, without limitation any third-party sites or services linked to the PAH App or any PAH Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the PAH App or the servers that make such content, information, and materials available are free of viruses or other harmful components.

Further, You understand that a payment transaction is solely between the User who uses the PAH Services to make his payment (“Sender”) and the User who receives such payment from the Sender (“Recipient”) and that PAH does not provide any guarantees or warranties to any User with respect any service, goods, or delivery level commitment provided by the Recipient. PAH cannot assure that Commercial Partners or other Users are or will be complying with the foregoing Terms of Use or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other User or Commercial Partner. You should ensure that you have undertaken adequate due diligence prior to transferring payments using the PAH App.

8. LIMITATION OF LIABILITY

In no event shall PAH, their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether PAH has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the PAH Platforms, PAH App or PAH Services.

9. INDEMNITY

You agree to defend, indemnify and hold harmless PAH, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:

  1. Your use of and access to the PAH App and the PAH Platforms
  2. Your violation / breach of any of these Terms of Use;
  3. Your violation of any third party right, including any intellectual property right or privacy right;
  4. The committing of any of the prohibited activities as stated herein;
  5. your failure to be in compliance with applicable law, including tax laws and cyber security laws; or
  6. Any claim that your use of the PAH App caused damage to a third party.
10. DISPUTES & ARBITRATION

In consideration for PAH granting you access to and use of the PAH App, PAH Platforms and PAH Services, you agree that in case of any dispute between You and any Commercial Partner or other User or recipient of the funds transferred by You, PAH shall not be a party to the same. While PAH is not obligated to mediate or resolve disputes, PAH will assist Users in communicating with each other regarding a dispute. PAH may at its own discretion however, without having any obligation to do so, assist in resolving the disputes between the Users and the Commercial Partners.

If such Dispute has not been settled within sixty (60) days after the User reaches out to the aforementioned email IDs, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). Provided however when PAH raises any dispute, PAH may directly initiate arbitration in accordance with this clause. The Dispute shall be resolved by one (1) arbitrator to be appointed by PAH. The place the arbitration shall be Kozhikode, India. The language of the arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

11. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

PAH App, PAH Website, PAH logos and the PAH Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the PAH App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Our express written permission. You are hereby given a limited licence to use the PAH App and the PAH Platforms, subject to your agreement of these Terms of Use. PAH, and its licensors, if any, are the sole owners of the underlying software and source code associated with the PAH App and PAH Platforms as well as any other intellectual property rights of any other nature associated with the PAH App, PAH Platforms and their content.

When you upload, submit, store, send or receive content that may include feedback to or through the PAH App, you give PAH a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by PAH or PAH . The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the PAH Services, and to develop new ones. This licence continues even if you stop using the PAH Services.

12. TAX LIABILITY

You hereby agree to comply with any and all applicable tax laws in connection with your use of the PAH Services, including without limitation, the reporting and payment of any taxes arising in connection with payments made through the PAH App, or funds/income received through the PAH Services.

13. GOVERNING LAW AND JURISDICTION

The PAH App, the PAH Services, all your transactions with the PAH App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that subject to the Disputes & Arbitration Clause above, all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Kozhikode India.

14. ASSIGNMENT

You shall not transfer or assign any of Your rights and obligations arising from these Terms of Use.

You agree and acknowledge that PAH may assign or transfer its rights and obligations under these Terms of Use in whole or in part, to (i) any other PAH Group Entity; (ii) an acquirer of PAH or their respective equity interest, business or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.

15. GENERAL

No joint venture, partnership, employment or agency relationship exists between you, PAH, PAH or any Third Party as a result of the contract contained in these Terms of Use. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, PAH shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use (together with any additional terms displayed in specific sections of the PAH App or PAH Website) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

16. UPDATION

We may amend these Terms of Use at any time by posting an updated version on the PAH Website. The updated version of these Terms of Use shall supersede the previous version of the Terms of Use and take effect immediately upon posting. You have the right to opt-out of agreeing to these Terms of Use or any future updated version of the Terms of Use, by ceasing to use the PAH App. However, please be aware that your continued use of the PAH Services from the launch of any updated Terms of Use would mean deemed acceptance of such updated Terms of Use including any modification thereof. We recommend you to keep checking the Terms of Use often to be familiar with any updates and changes.

17. CONTACT US

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact customer support within the PAH App, on PAH’s official social media channels, or the Grievance Officer any time at:

    Name: Amira
    contact@pahameed.com