Terms and Conditions

1. Introduction

Welcome to Parth Media ("Company," "we," "our," "us"). These Terms and Conditions ("Terms," "Terms and Conditions") govern your relationship with parthmedia.in website (the "Service") and the use of our communication services including but not limited to Bulk SMS, WhatsApp Business API, IVR Solutions, RCS Messaging, and other related services.

Please read these Terms and Conditions carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Definitions

For the purposes of these Terms and Conditions:

• "Account" means a unique account created for you to access our Service or parts of our Service.
• "Company" (referred to as either "the Company," "we," "us," or "our" in this Agreement) refers to Parth Media, 404, 4th Floor, Shahi Tower, B-38/9-H-7, Raghunath Nagar Colony, Mahmoorganj, Varanasi, UP 221010.
• "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by you, regardless of the form of that content.
• "Device" means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
• "Service" refers to the Website and the communication services provided by Parth Media.
• "Terms" (also referred as "Terms and Conditions") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
• "Third-party Social Media Service" means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• "Website" refers to Parth Media, accessible from www.parthmedia.in
• "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Acceptance of Terms

By accessing or using our Service, you confirm that you are at least 18 years old and capable of forming a binding contract with the Company. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the organization's agreement.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

4. Description of Services

Parth Media provides a suite of communication services including but not limited to:

• Bulk SMS (promotional and transactional)
• WhatsApp Business API integration
• IVR (Interactive Voice Response) solutions
• RCS (Rich Communication Services) messaging
• OTP gateway services
• Email API services
• Cloud telephony solutions
• Analytics and reporting tools
• API access for developers

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

5. User Obligations

As a user of our Service, you agree to:

• Provide accurate, current, and complete information when creating an account or using our services.
• Maintain the security of your account and promptly notify us of any unauthorized use.
• Use the Service in compliance with all applicable laws and regulations, including but not limited to data protection laws, telecom regulations, and the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018 (for India).
• Obtain all necessary consents from your end customers before sending them communications through our platform.
• Ensure that all content you send through our Service (including SMS, WhatsApp messages, etc.) complies with applicable laws and does not infringe any third-party rights.

6. Accounts and Registration

To access certain features of our Service, you may be required to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

7. Fees and Payments

Our pricing model is customized based on your usage and requirements. Specific fees will be communicated to you via quote, proposal, or agreement.

• Payment Terms: Fees are due as specified in your agreement or invoice. Late payments may result in suspension of service.
• Taxes: You are responsible for all taxes associated with your use of our services.
• Refunds: Unless otherwise specified in your agreement, fees are non-refundable except as required by law.
• Prepaid Credits: If you purchase prepaid credits (e.g., SMS credits), such credits expire one year from purchase unless otherwise stated.

8. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Parth Media and its licensors. The Service is protected by copyright, trademark, and other laws of both India and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Parth Media.

You retain all rights to any content you submit, post, or display on or through the Service. By submitting content, you grant us a worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, and distribute such content solely for the purpose of providing and improving the Service.

9. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.
• To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• To transmit any unsolicited or unauthorized advertising or promotional material (spam).
• To transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

10. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.

11. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by Parth Media. Parth Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Parth Media 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Parth Media, its subsidiaries, affiliates, and its licensors do not warrant that:

• a) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
• b) ANY ERRORS OR DEFECTS WILL BE CORRECTED;
• c) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARTH MEDIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES WILL PARTH MEDIA BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY YOU TO PARTH MEDIA DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR, IF NO AMOUNTS WERE PAID, ONE THOUSAND RUPEES (₹1000).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Parth Media and its employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• a) Your use of and access to the Service;
• b) Your violation of any term of these Terms;
• c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right;
• d) Any claim that your content caused damage to a third party.

15. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Dispute Resolution

Informal Resolution: Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@parthmedia.in. We will attempt to resolve the dispute internally. If we cannot resolve the dispute within 60 days, you may pursue formal proceedings.

Arbitration: Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Varanasi, Uttar Pradesh. The arbitration proceedings shall be conducted in English. The decision of the arbitrator shall be final and binding on both parties.

Class Action Waiver: You agree that any arbitration or proceeding shall be conducted on an individual basis and not in a class, consolidated, or representative action.

Exceptions: Either party may seek injunctive or other equitable relief from a court to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute.

18. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

19. Contact Us

If you have any questions about these Terms, you can contact us: