Terms and Conditions | Prune


PRUNE TERMS OF SERVICE

Prune Digital Consumers Solutions LLP (“Prune”) offers users (“Users” or “You”) a Telecom & Travel Experiences helping our users Explore More for Less. Mobile Phone Usage Expense & Experience Management (MPUEEM) services transacted through a licensed application (the “Prune”) for mobile devices. These Terms of Service (“Terms”) will govern your use of Prune’s software applications (including the Prune), websites, web service API or other online services (all collectively “Services”), irrespective of release version. By accessing or using any of the Services, You agree to be bound by these Terms. Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms. If you violate these Terms, we may issue you a warning or terminate your ability to use the Service. You understand that we may terminate your ability to use the Service at any time with or without reason, notice to you or any liability on our part. Neither these Terms of Use nor termination of your access or use will waive or adversely affect any other right or relief to which the Company may be entitled at law or in equity.


PERSONAL INTEGRITY


In Prune’s mission to build the most accurate and complete Mobile Phone Usage Expense & Experience Management (MPUEEM) service accessible to anyone, anywhere across Globe , however currently it is available in India, Prune is depending on the Users sharing certain information. We are therefore firmly committed to the security and protection of integrity of the Users of the Services and their phone Usage, expense and experience information. For the purpose of the Prune Services, any data shared with Prune will only be used to check the phone balance, recharge (a.k.a top up) information, Bill details usage information already available to the User by the record in the mobile device and by any related information sent via USSD, SMS, MMS, WAP link, Mobile Internet, or WEB from the subscribed mobile telecommunication operators. See the Prune Privacy Policy further describes what information You may share with Prune and other Users and how Prune may use and share such information.


CONSENT TO USE OF DATA


You agree that Prune, in accordance with the Prune Privacy Policy, may collect and use technical data such as Your IP address, device ID, Phone number, usage data and balance related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You related to the Prune. You further agree and guarantee that, if You have opted in to participate in the designated enhanced functionality, we may collect, use and share certain information regarding the phone balance contained in Your device (“Balance Information”) with other Users in accordance with the Prune Privacy Policy in order to provide the Services.By allowing balance Information to be collected, You give Prune a right to use that balance Information as a part of the Service and you guarantee that you have any and all permissions required to share such phone balance Information with us. You may opt-out to prevent the sharing of phone balance Information at any time.


Obligations and Restrictions to Use of Services


You guarantee that any phone balance and expense related Information and other data, such as Your profile information, You may transfer to Prune as User of the Services (together “Content”), to the best of Your knowledge, is not false or otherwise may corrupt or disrupt the Services and that you have the right to share it with Prune and other Users. You shall not by any commercial means use the Services or otherwise transfer for value the Services or the Content. You agree not to challenge Prune’s rights in or otherwise attempt to assert any rights in the Services, except those explicitly granted under these Terms. You agree not to use the Services except as expressly permitted under these Terms. Scraping of any information contained in the Services, including any third party information accessible via the Services, is strictly prohibited. The Services or the Content may not be used in any way, which is illegal, harmful or may be considered offensive by Prune, other Users or third parties. You therefore agree not to exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that Prune is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services.


PROPRIETARY RIGHTS


The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Prune and its licensors shall retain ownership in and to the Services and to all related intellectual property rights, including without limitation trademarks, trade names, database rights and patents. You are granted only a limited right to use the Services subject to these Terms.


SCOPE OF LICENSE


subject to your compliance with these Terms at all times, Prune grants You a personal, limited and non-exclusive right to use the Services for Your own personal, non-commercial use. This license does not allow You to use the Prune on any mobile device that You do not own or control. You may only redistribute the Prune unmodified for non-commercial purposes to a party that has agreed to these Terms. You may not copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Prune, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Prune).


The license does not allow You to use Prune’s name, trademarks or other commercial symbols. All rights and licenses not expressly granted to You under these Terms shall be retained by Prune.


In case You wish to use the Prune as a part of Your own application or modify the Prune, a separate agreement with Prune is required. Any API, commercial or enterprise use of the Services shall be governed by the separate API License Addendum.


NO WARRANTY


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PRUNE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. You understand and acknowledge that Prune will not be liable for network-related problems attributable to the operation of the Services and that network configuration changes may affect the Services’ performance.


Prune makes no representation that the Services are available for use in any particular location. To the extent You choose to access the Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.


FRAUD


Using fraudulent information to complete offers and/or completing offers with fraudulent intent will result in the member’s account being deleted without notice and relinquishment of any and all rewards that have accrued in the account. Fraud includes, but is not limited to, the following: using information that is not one’s own to complete offers; completing one-time offer multiple times. Multiple signups by any individual user shall be grounds for immediate termination of all involved accounts. Prune reserves the right to file charges against an individual in attempt to recover any rewards received. If someone is caught committing fraud, or making attempts to do so, we reserve the right to suspend the user’s account, resulting in forfeiture of all rewards.


LIMITATION OF LIABILITY


TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT PRUNE SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, PRUNE SHALL HAVE NO LIABILITY FOR ANY INFORMATION STORED PROCESSED WITHIN THE SERVICES, INCLUDING THE COSTS OF RECOVERING SUCH INFORMATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES, IS TO UNINSTALL THE PRUNE AND CEASE USE OF THE SERVICES. PRUNE SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.Prune will make an effort to provide correct information through Service. However, Prune shall not be responsible for inaccurate content, for example, but not limited to, information regarding main balance, pack balance, recharging history, and other statistics. Prune controls and monitors Content made available by the Users via the Services, but can nevertheless not guarantee its origin and correctness. Therefore, You accept that You via the Services may be exposed to information that is erroneous or otherwise objectionable. Prune shall not be liable for the Content and other information disseminated or delivered through or in connection with the Services. You agree that You shall bear all risks associated with the use of such information.


SUPPORT


Prune strives to provide adequate and efficient technical support, upgrades and updates for the Services. Prune shall not, however, be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit the support, upgrades and updates provided from time to time.


TERMINATION


Your right to use the Services continues until these Terms are terminated. Prune may terminate them and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate them at any time by uninstalling the Prune and ceasing the use of the Services. These Terms will automatically terminate if You fail substantially to comply with them. Upon any termination, You agree to stop using the Services. Upon termination by You, or by Prune due to Your breach of these Terms, You will not be refunded any part of the Services, license fees or other prepaid fees, if any. Upon termination by Prune without cause, You will be refunded such prepaid fees following a written request by Yourself, provided a receipt for such fees and a clear payment instruction are included. Any prepaid credits for use within the Services are connected to the User device as well as its phone number. Therefore, if You change device or its SIM-card, You cannot transfer the credits to a new device or SIM-card and no refund will be available in such cases. Prune reserves the right, at its own discretion, to remove any unused credits without any right of refund twelve (12) months from the purchase. Provisions of sections No Warranty, Limitation of Liability, and Termination shall survive any termination of these Terms.


ASSIGNABILITY


Prune reserves the right, at its own discretion, to freely assign and transfer the rights and duties under these Terms to any third party.


RECHARGE


We are a Reseller Only. Prune does not provide mobile service and is only a reseller of prepaid mobile services by telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. Prune is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.


ADDITIONAL AND CHANGED TERMS


As Prune provides global Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. For API Users, the API License Addendum applies.


Prune reserves the right to modify the Services and these Terms at any time by providing revised Terms to the User or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified there of via publication on the Prune website and provided the option to immediately terminate the Services. If You choose to terminate the Services, You will be refunded any prepaid credits or other prepaid fees, following a written request by Yourself, containing a receipt for any such fees and a clear payment instruction. The revised Terms shall become effective upon such publishing or notification to the User. You will always find the latest version of these Terms at the designated website Governing Law and Protected Published Content


Your use of the Services and their various functionalities and the ensuing relationship between you and Prune are governed by these Terms, which shall be construed in accordance with, and governed by, the laws of India, excluding its choice of law rules. All disputes relating to these Terms shall exclusively be adjudicated in courts of New Delhi, India


Please note that certain information and other materials contained in the Services have been submitted by other Users or third parties. Any such un-moderated information or other materials in the Services are clearly indicated as such.


(Updated on 01/06/2021)