ACCEPTANCE

By using www.prowizardsinc.com (the “Website”) or Pro Wizards Inc.'s mobile application (the “mobile application”), by whatever name called or marketed, you, the Customer (“You”, “Your”, or the “User” in this document) unconditionally agree to the terms and conditions that we, Pro Wizards Inc, with our Registered Office at First Floor, Jain Parisar, Lohar Para, Rajnandgaon ,Chhattisgarh - 491441, (“PWI”, “www.prowizardsinc.com”, “Pro Wizards Inc.”, “we” or “us” or “our” in this document) have provided herein for use of Pro Wizards Inc.’s Website or mobile application owned and maintained by us. This Website or mobile application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Website or mobile application are private property. All interactions on this Website or mobile application must comply with these Terms of Use. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” in this document) please refrain from using this Website or mobile application.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application or offline by providing registration data while registering on the Website or mobile application as Registered User using the computer systems or mobile device.

CAUTION

PLEASE READ THIS AGREEMENT CAREFULLY.

BY BROWSING, ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION OR BY USING ANY FACILITIES OR SERVICES MADE AVAILABLE THROUGH OR ON IT, YOU ARE AGREEING TO THE TERMS OF USE THAT APPEAR BELOW (ALL OF WHICH ARE CALLED THE “AGREEMENT”). THIS AGREEMENT IS MADE BETWEEN YOU AND US. USE OF THE SERVICES AND THE WEBSITE OR MOBILE APPLICATION AND ANY PURCHASE MADE THERETO ARE EACH SUBJECT TO THE TERMS OF USE SET OUT IN THIS AGREEMENT.

AMENDMENT AND CHANGES

We at all times reserve the right to amend these terms and conditions at any time. All amendments and changes to these terms and conditions will be available online. Such changes may include, among other things, addition of certain fees or charges. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website or mobile application, you are deemed to have implicitly agreed to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Pro Wizards Inc.’s posting thereof. Pro Wizards Inc. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

GENERAL

User Accounts

In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account or in case of you are a minor, below 18 years, you will need the permission from your parents / legal guardian to obtain an Account with us. Account registration requires you to submit to Pro Wizards Inc. certain personal information, such as your name, address, sex, date of birth, mobile phone number, email address and correspondence address as well as at least one valid payment method (either a credit card / debit card or any other acceptable by our payment partner) at the time of making payment. You agree to maintain in bona fide accurate, complete, and up-to-date information in your Account.

You are responsible for all or any activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You shall not use the Pro Wizards Inc’s Website or Mobile Application for any illegal or fraudulent purposes barred by law or in general including creation of multiple accounts. Any such illegal or fraudulent use may render you liable under civil and / or criminal action along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of Pro Wizards Inc's Website or Mobile Application.

Pro Wizards Inc also reserves the right to reverse illegitimate and / or fraudulent purchases by you at any time even after the purchase of Offers / Deals by you in addition to the right to further disable your use or cancel your account.

Identity

a) While registering on the Pro Wizards Inc you agree that all the information shared by you is true and latest to your knowledge. Also, you need to be careful and aware that whatever review you are posting is honest and personal based on your own experience. That they have not been influenced by any individual or the organization, you have not been offered any sum of money or any other benefit in money or kind to influence your opinion, you are not associated with any agency or the organization, or you are not marketing/ promoting any product or brand whatsoever in any manner. b) Names and other contact details provided are as per Government ID. c) In case you do not provides us with a valid or serviceable email address, your membership will also be terminated. d) You need to make the changes in your profile as and when required. e) Pro Wizards Inc may assume that all the activities which are being done on the App are done by the owner of the account. Thus, if in case, you feel your password has been compromised, you are requested to inform us on customers[at]prowizardsinc.com for us to take the necessary action.

Certain Responsibilities

You shall be solely responsible for:

a) all Posted Information you input into the Application;

b) ensuring that all Posted Information is appropriate in tone and is accurate;

c) complying with all applicable laws, rules, and regulations at all times; and

d) maintaining all passwords and access codes to the Application and refraining from sharing or otherwise permitting third parties to use any such passwords and / or access codes to access the Application.

Territory

The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. Pro Wizards Inc makes no representation that Service (or any goods or service) are available or otherwise suitable for use outside the Republic of India currently. If you choose to access the Website or mobile application (or use the Service or make a purchase) from locations outside the Republic of India, you do so, on your own initiative and are responsible for the consequences thereof.

Website and/or Mobile Application: Pro Wizards Inc provides an interactive online service owned and operated by Pro Wizards Inc through the Website on the World Wide Web of the Internet (the “Web” or “Internet”) and its mobile application, consisting of information services, content and transaction capabilities provided by Pro Wizards Inc.

Right to Transfer

The right to use this Website or mobile application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User’s password (s), if any. The User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Pro Wizards Inc, and Pro Wizards Inc shall not be held responsible for any data lost or misused by a third party while transmitting information on the Internet in any manner whatsoever.

Not on Uninterrupted Basis

While it is Pro Wizards Inc’s objective to make the Website or mobile application accessible at all times, the Website or mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Pro Wizards Inc, access to the Website or mobile application may be interrupted, suspended, or terminated from time to time. Pro Wizards Inc reserves the right, in its sole discretion, to terminate the access to any or all Pro Wizards Inc website(s) and the related services or any portion thereof at any time, without notice. Pro Wizards Inc shall also have the right at any time to change or discontinue any aspect or feature of the Website or mobile application, including, but not limited to, content, graphics, Offers, settings, hours of availability and equipment needed for access or use. Further, Pro Wizards Inc may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

VENDORS

Vendors are the service providers listed on our website or the mobile application, who provide various services / goods to the customers. For the purpose of these Terms of Use, wherever the context so requires “Vendor”, “Partner Store” or “Merchant” shall mean the physical store who has agreed to display their offers / advertisements / deals and provide various products / services through the “Platform” or the System provided by the Pro Wizards Inc.

VENDOR / SERVICES / GOODS TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT

We want to list genuine vendors / professionals / businesses / products / goods / services on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Vendor’s valuable trust.

We do not and cannot verify if the Vendors have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed vendors / products / services once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that the listings do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark, or patent) that may be infringed upon by products listed on Pro Wizards Inc is encouraged to report the same to our Legal Team at legal[at]prowizardsinc.com.

USER CONDUCT

Restrictions

The User undertakes without limitation, not to use or permit anyone else to use the Service or Website or mobile application:

a) To upload, send or receive any information for which you have not obtained all necessary license and/ or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third party in any country in the world;

b) To upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt, or otherwise cause loss, damage, destruction, or limitation to the functionality of any software or computer equipment);

c) To intercept or attempt to intercept any communications transmitted by way of a telecommunication system;

• For a purpose other than for which we have designed them or intended them to be used;
• For any fraudulent purposes; or
• In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

d) To upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of Court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights; or

e) To cause annoyance, inconvenience, or needless anxiety.

Forbidden Uses

The following uses of the Site and Services are expressly prohibited, and you undertake not to do (or to permit anyone else to do) any of the following:

a) Resell the Services or Site;

b) Furnish false data including false names, addresses and contact details and fraudulent use of credit/ debit card numbers or net banking or any other mode of payment;

c) Attempt to circumvent our security or network including but not limited to accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

d) Access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency, or operation;

e) Execute any form of network monitoring which will intercept data not intended for you;

f) Send malicious email, including flooding a user or site with exceptionally large or numerous emails;

g) Enter into fraudulent interactions or transactions with us, a Partner Store, or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party, or you are pretending to be a third party);

h) Copy or use any User Content for any commercial purposes; or

i) Engage in any frivolous act that hampers the goodwill and brand reputation of Pro Wizards Inc. or its Website or mobile application in any manner whatsoever.

Any conduct by a User that in Pro Wizards Inc’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website or mobile application is strictly prohibited. The User shall not use this Website or mobile application to advertise or perform any commercial, religious, political, or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website or mobile application to become users of other online or offline services directly or indirectly competitive or potentially competitive with Pro Wizards Inc.

Pro Wizards Inc. reserves the right to prevent you from using the Website (or mobile application) and the Service (or any part of thereof) and to prevent you from making any purchase if your conduct is found to be in question or in contravention of such Terms as mentioned in this Agreement.

THE DUCK CARD

The Duck Card (herein referred to as the “System”) is a mobile application where vendors connect with the customers / users from their city to provide various services as per their business. The Duck Card also consist of a cashless loyalty point system where points called “Quacks” are provided by the vendors to the customers according to the pre-set conditions on making purchases directly from their stores.

Wallet is provided by specific vendors who can create respective wallet for their store for every customer making transaction from their store. Wallet is created automatically for the customer by confirming the delivery of the invoice by the agent created by the vendor. Thus, for every vendor providing point system, a new sub-wallet is created for the customers where Quacks are maintained.

PURCHASE AND SALE OF PRODUCTS AND/ OR SERVICES

Pro Wizards Inc takes no responsibility for the services and/ or products for which Pro Wizards Inc Vouchers may be redeemed. Further, Pro Wizards Inc makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the Pro Wizards Inc Voucher may be redeemed.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website or mobile application or offline by providing registration data while registering on the Website or mobile application as Registered User using the computer systems or mobile device.

License

You accept that the Pro Wizards Inc hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use Por Wizards Inc’s rewards / software platform commonly referred to as “The Duck card”. Pro Wizards Inc may, from time to time, update or modify the Application, release new versions of the Application, or create new modules related thereto, each of which may, at PRO WIZARDS INC’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights hereunder including, without limitation, access to the Application.

You acknowledge that the PWI is the absolute and exclusive owner of the “System” by the name of “The Duck Card” wherein a wide range of services including but not limited to cashless loyalty reward points (hereinafter referred to as “Quacks”), online advertisement, delivery confirmation table, and central customer database are marketed and can be used by you using electronic medium, upon payment of the requisite fee / charges to the Pro Wizards Inc.

Quacks

a) As a The Duck Card user you are eligible to earn cashless loyalty reward points “Quacks” whenever transaction is confirmed through the agent’s app at various partner stores. The transactions have to be genuine and successful with proper invoice, failing to which the concede person would not be eligible for quacks.

b) The monetary value of one “Quack” shall be considered as One Indian Rupee, for all purposes i.e., 1 Quack = 1 Indian Rupee.

c) Quacks are non-transferable and can only be used against the purchase of goods / services from the stores they are earned.

d) This is not a credit or debit card service.

Membership Plan and Validity

a) To become a member and purchase The Duck Card there are 2 membership plans available for you, namely Silver and Gold. Silver plan is free while Gold plan is for Rs 250. The price mentioned here are subject to change at PWI’s discretion without any prior notice.

b) Services may vary according to the plan. Some services may not be available to Silver Plan.

c) Validity of the plan is 365 days for both plans.

d) Default plan will be Silver plan. In case of not renewing your current plan, default plan will be selected automatically for customers whose validity expires for gold plan.

e) Validity of Quacks in Silver Plan will be 365 days, while in Gold Plan it is lifetime, as long as customer renews their Plan before expiry.

Membership Renewal and Upgradation

a) The Plans are renewable before the expiry. Once your current plan expires your account will shift to default plan.

b) Upgrading plan will not be on pro-rata basis, as in new plan will be counted as per fresh subscription. Similarly, downgrading plan will also be a fresh subscription.

c) Certain restrictions can be put on default plan after renewable to the default plan.

d) Plan can only be renewed by customer on our mobile application after making the payment for the membership fee as shown on the day of renewal.

e) Pro Wizards Inc reserves the right to change membership fee anytime without any prior information to the users.

Earning and Redemption of Quacks

a) Quacks hold 100% earning value irrespective of the plan selected.

b) Redemption of Quacks at any point of time is 100% with any store.

c) Redemption value of Quacks in Gold Plan is Re 1 while in Silver Plan it is Re 0.50.

d) Redemption can only be availed against the offer uploaded by the vendor.

e) There will be no in refund of amount or the Quacks in case of down gradation or upgradation of plan or cancellation of the plan.

f) Amount redeemed against the Quacks value may not be equal to the invoice amount, in such cases remaining amount has to be paid by the user as per vendor’s mode of payment acceptance.

g) You acknowledge that Redemption is available only against availing the offer as uploaded by the Duck Store or other vendor and not otherwise. In case of availing the offer, it is your responsibility to contact the vendor and inform him about the offer. PWI will hold no liability in this regard.

h) Quacks can only be redeemed against the offer from the stores they are earned. These quacks are not transferable to other stores except to Duck Store in case of delisting of the vendor.

The Duck Store

a) The Duck Store is an online store promoted by Pro Wizards Inc.

b) Its services are not any city specific, and it can provide and deliver goods / services in various cities.

c) In the Duck Store Quacks can be eared while availing the offer as well as during redemption of the offer.

d) In case of The Duck Store’s transaction, you shall not contact The Duck Store. It will contact you within reasonable amount of time.

e) Payment conditions, modes of invoice and delivery charges may change from offer to offer.

f) If the vendor gets delisted from the app you shall / can transfer the Quacks of that respective vendor to your Duck Store’s wallet. This procedure should be initiated by you, the transfer will not automatic.

g) You must transfer Quacks from such vendors within specific period of time after that period your Quacks may expire from that store.

Partner Stores / Vendors

a) There are various types of partner stores in a city, namely cashback stores, offer stores, schedulers, news portals, Ticketers etc who have their own roles and services.

b) The products / services provided by these stores are at their own discretion.

c) Pro Wizards Inc does not have any kind of partnership / joint venture with these stores to confirm their action.

d) Payment conditions, modes of invoice and delivery charges may change from vendor to vendor. Customer must confirm with the vendors of the terms and conditions before making any purchase.

e) You may have to visit / inform / contact stores for availing the offer.

f) Partner Stores may or may not provide home delivery for the offers and may require customers to visit their shop for making any purchase.

g) There is no restriction of availing the offers / products / services from vendors of different city to any customer.

Purchase and sale of goods and / or services

Pro Wizards Inc takes no responsibility for the services and / or products for which Pro Wizards Inc offers / vouchers may be redeemed with Partner Stores. Further, Pro Wizards Inc makes no warranty to the Users for the quality, safety, usability, or another aspect of the product or service for which the Pro Wizards Inc Voucher may be redeemed with Partner Stores.

Promotional codes / deals / offers / advertisements

a) You can choose not to avail the offers uploaded by the vendor.

b) Vendor can refuse to redeem the offer in case of unenforceable circumstances but if vendor refuses to apply certain offer without any reasonable justification, or if the description on the app and actual offer does not match, he shall be liable.

c) The date for redemption of offer will be considered the date you contact the vendor and not the date on which offer was availed. If you contact vendor after the expiry of the offer vendor hold no liability.

d) QR code which is available on the app is necessary for redemption of offer at the store.

e) Vendor has the right to do business with the customer. Pro Wizards Inc does not guarantee on store’s behalf any transaction to take place. Decision by the vendors in this regard will be final and binding.

f) Vendor could refuse to make entry for the transaction in turn not giving the Quacks to the customer if he deemed it necessary as per the product / service / customer or under any circumstances. Pro Wizards Inc cannot guarantee the confirmation of the transactions on vendor’s behalf.

Limited Liabilities with respect to The Duck Card and Quacks

a) Please note that there are various circumstances in which a transaction with a vendor may not constitute a Qualifying Transaction, or Cashback may not result from it. This is also true for a Qualifying redemption. You understand that all transactions made by you are not with us, but with the individual vendor. Further, from time-to-time vendor may increase or decrease the price – in which case the cashback offer illustrated on our Platform may be incorrect. By default, your applicable transactions will be credited in line with the offer reported to us by the Retailer, which may be more or less than the advertised rate. Pro Wizards Inc shall not be liable for any difference in the expected cashback by the you and the actual Cashback received.

b) Whether a transaction shall qualify as a Qualifying for cashback Transaction (including cashback through a Qualifying redemption) shall be at the sole discretion of the vendor or Pro Wizards Inc and you understand and agree to the same. Pro Wizards Inc shall not be held responsible if the vendor fails to report a sale to us or does not qualify a transaction as Qualifying Transaction. Further, PWI shall not be responsible in the event due to some technical or other error Pro Wizards Inc cannot trace a sale back to the you and does not qualify the transaction as a Qualifying Transaction or a Qualifying redemption for any reason whatsoever. Whilst Pro Wizards Inc will endeavour to recuperate non-payments from the vendor, the decision of the vendor or vendor’s tracking agent is final. Whilst Pro Wizards Inc will try and recuperate missing Quacks, at any point Pro Wizards Inc reserve the right not to chase missing Quacks claims, particularly where no purchase has been made.

c) Pro Wizards Inc shall not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or another tort) or otherwise

• for any loss of revenue, business, anticipated savings, or profits;
• any errors in or omissions from the Platform or any services or products obtainable therefrom;
• the unavailability or interruption of the Platform or any features thereof;
• your use of the Platform;
• the content and materials contained on the Platform;
• or any delay or failure in performance beyond our control or any of our affiliated parties.
• for any indirect, special, or consequential loss damage, costs, or other claims, howsoever caused or arising, whether through non-supply or late supply of the Cashback Service or other non-performance of this Agreement or otherwise.

d) Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions, and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by Applicable Law.

e) We will not have liability to you or any other person in respect of material contributed by you, transactions (or non-transactions) with vendor, or any activity or communication relating to such material or transactions.

Additional Services

PWI or our vendors may offer new or additional services through the Platform from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Platform in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

Any additional service may not be included with the default plan and may require you to upgrade your plan to Gold Plan.

Customer Support

a) You hereby agree that If there are any offers which are misleading or are inappropriate you shall report to our consumer support team and our grievances team in turn will contact the vendor and will investigate the matter within 24-48 hrs

b) Customer support is plan specific. For a Gold plan is 24-48 hours and for silver it is 48-72 hours.

SECURITY

The User agrees and understands that all payments shall only be made to bank accounts of Pro Wizards Inc. Pro Wizards Inc or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Pro Wizards Inc. The User agrees that if the User transfers any amount against any booking or transaction to any bank account that is not legitimately held by Pro Wizards Inc or to any personal account of any person, Pro Wizards Inc shall not be held liable for the same. User shall not hold any right to recover from Pro Wizards Inc any amount that is transferred by the User to any third party.

The User will not share his personal sensitive information like credit / debit card number, CVV, OTP, card expiry date, user IDs, passwords, etc., with any person including the agents, employees, or representatives of Pro Wizards Inc. The User shall immediately inform Pro Wizards Inc if such details are demanded by any of its agents' employees or representatives. Pro Wizards Inc shall not be liable for any loss that the User incurs for sharing the aforesaid details.

Pro Wizards Inc or its Affiliates or any of its representatives will never ask for sensitive information like User ID, PIN, internet banking passwords, CVV Number, OTP, etc., through phone / SMS / email / any other modes of communication. We request you not to share or to respond/ provide any such details to anyone.

INTELLECTUAL PROPERTY RIGHTS

Pro Wizards Inc grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Pro Wizards Inc. All Intellectual Property Rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website or mobile application and Service, (subject to the Title & Ownership Rights as mentioned below) information content on the Website or mobile application or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.

None of the material listed in this clause may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

“www.prowizardsinc.com”, the Pro Wizards Inc. logos and variations thereof found on the website or mobile application are trademarks owned by Pro Wizards Inc and all use of these marks inures to the benefit of Pro Wizards Inc. All rights (including goodwill and, where relevant, trademarks) in Pro Wizards Inc’s name is owned by us. Other product and company names mentioned on the Website or mobile application are the trademarks or registered trademarks of their respective owners.

The title, Ownership Rights, and Intellectual Property Rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

Subject to the Clause below, any material you transmit or post or submit to the Website or mobile application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation or such legislation that provides for protection of electronic data under Indian Laws. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish, and distribute world-wide any such material.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

The User expressly agrees that use of the Website or mobile application is at the User’s sole risk. Neither Pro Wizards Inc, its Holding or Subsidiaries, Business Associates nor any of their respective employees, agents, and third-party content providers warrant that use of the Website or mobile application will be uninterrupted or error-free; nor do they make any warranty as to

• the results that may be obtained from use of this Website or mobile application, or
• the accuracy, reliability or content of any information, service or merchandise provided through the Website or mobile application.

The Website or mobile application are made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

We do not give any warranty that the Services or the Website or mobile application are free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or service from the Website or mobile application forming part of the Service from time to time. Your access to the Website or mobile application and/ or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality, which is dependent on your browser or other third-party software to operate. There might be certain circumstances wherein Pro Wizards Inc may within the validity period of a particular Voucher withdraw any information or the Voucher from the Website or Mobile Application or services at any time.

We reserve the right to block access to and / or to edit or remove any material, which in our reasonable opinion may give rise to a breach of this Agreement.

This disclaimer of warranties and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. The User specifically acknowledges that Pro Wizards Inc is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.

In no event shall Pro Wizards Inc, or any Business Associates / Employees, Third-Party Content Providers, Third-Party Advertisers or Third-Party Service Providers (third-party herein refers to “vendors”), producing or distributing the Website or the contents hereof, mobile application and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the Website or mobile application. The User hereby acknowledges that the provisions of this Clause shall apply to all contents on the Website and mobile application.

In addition to the terms set forth above, neither Pro Wizards Inc, nor its Subsidiaries and Business Associates, Third-Party Service Providers or Third-Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.

Pro Wizards Inc will not be held liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Quacks earned from various stores by you under this Agreement.

Pro Wizards Inc shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our associated banking partners from time to time.

Pro Wizards Inc’s liability is limited to being the intermediatory between you and the vendors by providing a platform to the vendors to reach out the end-customer / users and promote their business by providing deals and offers.

Pro Wizards Inc’s liability is limited to providing the User with a confirmed booking as selected by the User for any product / service provided by the Merchant and further listed on Pro Wizards Inc.

Any issues or concerns faced by the User at the time of availing any such services / products shall be the sole responsibility of the Partner Store / Merchants. Pro Wizards Inc will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence on part of any Merchant.

Unless explicitly committed by Pro Wizards Inc as a part of any product or service:

• Pro Wizards Inc assumes no liability for the standard of services as provided by the respective Vendors.
• Pro Wizards Inc provides no guarantee with regard to their quality or fitness as represented by the Vendors.
• Pro Wizards Inc does not guarantee the availability of any goods / services as listed by a Vendors.
• Pro Wizards Inc does not guarantee the correctness / feasibility / viability of the guidance / consultations provided by the Professionals.

ADVERTISEMENT

Pro Wizards Inc may place advertisements in different locations on the Website and its Mobile Application and at different points during use of the Service. These locations and points may change from time to time at the sole discretion of Pro Wizards Inc.

You are free to select or click on advertised goods and services or not as you seem fit.

Any advertisements may be delivered on our behalf by a Third-Party Advertiser.

No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third-Party Advertiser or affiliate may place or recognize a unique “cookie” on your browser. This cookie will not collect personal data about you, nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any Company, see our Privacy Policy for more information.

REFUND AND RETURN POLICY

a) We do not have any refund policy for the premium membership account. Membership once subscribed will never be cancelled for a year. Customers can surrender their membership at any time by contacting us.

b) No refund will be provided in the case the customer does not upgrade to premium membership after his free membership expires and if there is any number of remaining Quacks left in the customer's account on our system, the same will be converted to zero or nil and no refund / redeem will be given to the customer.

c) You agree that Pro Wizards Inc shall hold no liability in case of returning of goods purchased from the vendor. In case of refund, you should contact the vendor and his return policy will be applicable in such case. As return policy are item specific it shall be at vendor’s discretion to either refund money or provide the credit note of the equivalent refund amount.

d) In case of refund of any item to the vendor quacks debited / redeemed from your account for the aforementioned transaction will not be refunded in any case.

COMMUNICATION

You hereby expressly agree to receive communications by way of SMS, e-mails, mobile app and browser notifications, and any other messages from time to time from Pro Wizards Inc relating to Services provided through the App or any other services provided by the Pro Wizards Inc.

INDEMNITY

The User agrees to defend, indemnify, and hold harmless Pro Wizards Inc, its Subsidiaries and Business Associates, and their respective Directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of

• the use of this Website and/ or the mobile application by the User;
• the use of the Offers or the Vouchers provided through redemptions of the Offers;
• any transaction with a Vendor;
• the use of the Service or Website or mobile application through your password; or
• any breach of this Agreement by you.

FORCE MAJEURE

Without prejudice to any other provision herein, Pro Wizards Inc shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond Pro Wizards Inc’s control, including, without limitation, acts of the User, embargo or other Governmental act, regulation or request affecting the conduct of Pro Wizards Inc’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

RELATIONSHIP

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

TERM

This agreement shall be valid and in force for a period of 1 year, until terminated earlier in accordance with the provisions of this agreement, from the date of last signatures below, if executed offline and from the date of your acknowledgement of acceptance of the terms and conditions of this agreement, if executed on our website or mobile app.

TERMINATION

Pro Wizards Inc may terminate this Agreement at any time. Without limiting the foregoing, Pro Wizards Inc shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Pro Wizards Inc, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.

One User can have only one Account with a unique phone number / email. If Pro Wizards Inc has any suspicion or knowledge that any of its Users have created multiple Accounts with different phone numbers (including but not limited to account creation by using false names or providing misleading data for creating those Accounts or using disposable disposable phone numbers) / email to generate additional “Quacks” or misuse or take undue advantage of the promotional benefits being provided on the Pro Wizards Inc Platform, then Pro Wizards Inc may while reserving its rights to initiate civil and/ or criminal proceedings against such User may also at its sole discretion terminate, suspend, block, restrict, cancel the Account of such User and / or disqualify that User and any related Users from availing the services ordered or undue benefits availed through these accounts.

All such provisions wherein the context so requires, including Clauses on Intellectual Property Rights, Disclaimer of Warranty, Limitation of Liability, Indemnification and Termination above will survive termination of this Agreement.

Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

THIRD PARTY CONTENT

Pro Wizards Inc, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties (Vendors)and Users. Accordingly, Pro Wizards Inc does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of Pro Wizards Inc.

Neither Pro Wizards Inc nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to the Clause for ‘Disclaimer of Warranty, Limitation of Liability’ above for the complete provisions governing limitation of liabilities and disclaimers of warranty).

In many instances, the content available through this Website or mobile application represents the opinions and judgments of the respective information provider, User, or other users not under contract with Pro Wizards Inc. Pro Wizards Inc neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Pro Wizards Inc's employees/spokespersons while acting in official capacities.

Under no circumstances will Pro Wizards Inc be liable for any loss or damage caused by User’s reliance on information obtained through the Website or the Mobile applicable. It is therefore the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, etc. or other content available through the Website or the Mobile application.

The Website or the Mobile application contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Pro Wizards Inc of the contents on such third-party websites and Pro Wizards Inc hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/ her own risk.

MISCELLANEOUS

This Agreement, Vendors Terms of Sale (available with every vendors) and our Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a Court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

All provisions of this Agreement apply equally to and are for the benefit of Pro Wizards Inc, its Subsidiaries, any entity directly related to Pro Wizards Inc, its (for their) affiliated and / or their Third Party Content Providers and Licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).

GOVERNING LAW AND DISPUTE RESOLUTION

The registered office of Pro Wizards Inc. is situated in Rajnandgaon, Chhattisgarh - 491441. Legal issues arising out of, but not exclusive to the use of, this Website or mobile application (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Hon’ble High Court of Chhatisgarh and the Hon’ble courts subordinate to it.

PRODUCTS / SERVICES TAKE DOWN POLICY: REPORTING VIOLATION OF INFRINGEMENT

We want to list the products and services of genuine vendors / professionals / businesses on our website or mobile application in order to ensure that infringing products are removed from the site, as they affect your and genuine Vendor’s valuable trust.

We do not and cannot verify if the Vendors have the right or ability to sell or distribute their listed products or services. However, we are committed to removing any infringing or unlicensed product or service once an authorized representative of the rights owner properly reports them to us. We sincerely want to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. We have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) that may be infringed upon by products listed on Pro Wizards Inc is encouraged to report the same to our Legal Team.

CONTACT US

In accordance with the Information Technology Act, 2000, and the Rules made thereunder, if you have any questions regarding our Privacy Policy or our Terms of Sale or Terms of Use of the site, you may contact our Support Team at the details mentioned below:

Name: Team Pro Wizards Inc

Address: Jain Parisar, Lohar Para, Rajnandgaon ,Chhattisgarh - 491441

E-mail: admin[at]prowizardsinc.com

Business Hours: Monday to Friday (10:00 to 17:00)

Please note that Pro Wizards Inc has defined and published the Terms of Use (including its Privacy Policy) or using www.prowizardsinc.com website in accordance with the provisions of Information Technology Act, 2000, and the Rules framed thereunder and such other applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This is an electronic record that is generated by a computer system and does not require any physical or digital signatures.

Our Terms of Use may change often, kindly check out the page once in a while before making any commitment.