Poocho | Legal

Last updated on Apr 18, 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS.

This Agreement (the terms and condition/ Agreement) explains the terms by which you may use our www.poocho.co website, the Poocho mobile application (whether Android or iOS version) (the “App”) and any other website, widget, mobile application, or other related services (collectively with the App as the “Platform”).

By accessing or using the Platform, you signify that you have read, understood, and agree to be bound by the terms of this Agreement. This Agreement includes and hereby incorporates by reference the agreements and policies referenced not only in this Agreement, but also our Privacy Policy. This Agreement may be updated from time to time in our sole discretion with the updates being effective when posted on the Platform or when we otherwise notify you of such updates. We may make such revisions without prior notice to you, so please check back often for updates and prior to entering into any Study as a research participant ("Pal") or Researcher as the case may be.

This Agreement is effective as of April 18, 2022. Your continued use of the Platform as a Pal or Researcher after such time signifies your acceptance of this Agreement. Now, please read the document carefully.

Purpose -

We use your information for research and marketing purposes. You can always choose to remove your basic profile information, and opt-out of marketing, or close your account. We shall help you if required.

In addition to these terms you shall be governed by the scope of work (“SOW”) signed between Poocho and the Researcher separately. The reference to Researcher as mentioned in the SOW is “Client”. If you are a Researcher the following clauses will apply to you: Clause 1, 3, 4, 11, 12, 14, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30. In instances where the following clauses apply to Researcher, the reference shall be amended as the case maybe.

The requirements to participate in a study as a Pal are-
You must be 16 (in Europe) or 13 (everywhere else) to open an account. If you’re under 18, we would require your parent or guardian permission. If you are still a minor in your jurisdiction of residence, you must have your parent or legal guardian read this Agreement and permit you to participate in Poocho research. By agreeing to these Terms, you represent and warrant that you meet the requirements outlined in this section.

When you apply for or participate in a paid research Study, you are selling that information to us (and our customers). You give up all rights to that information and you cannot claim or uphold any of the rights pertaining to that information. If you are participating in an unpaid research Study, you may ask us to erase your data at any time. For avoidance of doubt, it is hereby clarified that the insights provided by the Pal for the purpose of the Study shall be available for Poocho to further share it with Researchers and or third-parties in its sole discretion while ensuring anonymity. Unless otherwise specifically consented by you to use the information in non-anonymous form, Poocho shall keep the information anonymous as mentioned herein. We reserve the right to create and use anonymous information, as derived from the insights so provided that cannot reasonably identify you, or as otherwise defined by applicable law.

IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A WAIVER OF CLASS-ACTION RIGHTS. CLICK HERE FOR MORE INFORMATION.

What is Poocho? Poocho (“Poocho, we, us, Company”) is an online venue where Poocho and other companies or groups (together or individually referred to as “Researchers” on case to case basis) post opportunities for consumers (“Pals”) to participate in online and mobile application-based research projects and surveys (“Studies”). A Researcher shares a Study on the Platform or through a third-party application, with his/her own network of potential Pals. Some Studies will be paid Studies and have their own payment terms, if applicable. Pals are paid only upon completion of the Study to the specifications provided by the Researcher. By becoming a Pal, you agree to (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Platform; (b) be responsible for the accuracy, and legality of the information you provide; and (c) perform your obligations as specified by any Study that you accept, unless such obligations are prohibited by law or by this Agreement. We reserve the right in our sole discretion to refuse, suspend, or terminate access to the Studies and/or Platform to anyone for any reason or no reason, including breach of this Agreement. Any rights not expressly granted to you are herein reserved by Poocho.

1. Additional Terms between Pals and Researchers

Certain Studies may be governed by additional terms and requirements created by the Researcher (“Additional Terms”), which you can and should review before agreeing to be a Pal for that Study.

2. Taxes and Reporting

You are solely responsible for satisfying all taxes, and other legal requirements under applicable law, including without limitation to those applicable to the payments or other compensation you may receive for participating in Studies. Poocho does not provide tax advice, nor should any statements in this agreement or on the Platform be construed as tax advice.

3. No Agency

No agency, franchise, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. As a Pal, you acknowledge and agree that your relationship with us and any Researcher is that of an independent contractor and specifically not that of an employee.

4. Links to Third-Party Sites

You may find links to other sites on the Platform. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Platform does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and/or all liability arising from your use of any such third-party website.

5. Pal Profile Information (“PPI”)

In these Terms, PPI shall mean any audio, video, text, images, or other material you choose to display on our Platform or through third party applications. By displaying PPI, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and/or all media. The Parties herein confirm and agree that Poocho has the right to access any and all the data for the Purpose specified herein. Poocho also collects the information from third parties.

‍We reserve the right to create and use anonymous information, information that cannot reasonably identify you, or as otherwise defined by applicable law, for any purpose and to disclose such information to third parties in our sole discretion.

PPI must be your own and must not be invading any third-party's rights. We reserve the right to remove any User Content from this Platform at any time without notice. For us to pay you for any Studies for which we are a Researcher and to qualify for certain Studies as a Pal, you will be required to provide all the aforementioned information.

When you use the Platform, you agree to provide true, accurate, and complete information as prompted by all the forms we provide the Pal to fill, and questions you access on the Platform, and to update this information to maintain its truthfulness, accuracy, and completeness. You cannot register under more than one profile without express written permission from us. You agree to indemnify and hold harmless anyone, including us, who may be harmed in any way by the submittal of any untruthful, inaccurate, or incomplete information. This indemnification includes the payment of any damages incurred, whether actual or consequential including lost profits, as well as any costs and attorney’s fees related to enforcing the indemnification and collecting any amounts due. We will collect, use, and disclose your information as outlined in our Privacy Policy.

6. Rights in Study Entries

You hereby agree to assign all rights, title, and interest to all materials, data and information of any nature provided by you as a Pal with respect to work on a Study (each, a “Study Entry” and collectively, “Study Entries”) to Poocho. Poocho may retain or transfer those rights to others, including applicable researchers. You further agree to make no claim of any kind in the future asserting that you have any rights in the Study Entries. You agree to keep confidential and not to divulge to anyone, other than an attorney or accountant representing your interests, any of the Study Entries or any other information, including the subject matter, related to any Study for a period of two years after you have ceased working on a Study. You will indemnify Poocho and Researcher against any costs and fees, including attorneys’ fees related to any breach of this paragraph.

7. Publication of Study Entries

Some Researchers may publish Study Entries so that they are publicly available, including but not limited to posting such Study Entries on the Researcher’s website or via social media. In such instances, you consent to the Researchers’ use of your Study Entries excluding any personally identifying information in connection with the development, production, distribution, and/or exploitation (including marketing and promotion) of the particular service and the Researcher generally, unless otherwise prohibited by law. You agree that submission of a Study Entry and receipt of the offered compensation constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfilment of these obligations. You agree you shall not receive any additional compensation for the Researcher’s publication of your Study Entries.

8. Fees

There is no cost to becoming a Pal or in browsing most of the Platform. We may charge fees to other Researchers who desire to use Pals for their Studies.

9. Payments

Poocho reserves the right to not compensate the Pals who fail to perform the Study requirements in a complete and timely manner. Any payment dispute must be brought to Poocho’s attention within ninety (90) days of either before the closure date of a particular Study or on the date you received notification that payment is forthcoming. No claims brought after the said ninety (90) day period would be reviewed by Poocho. Poocho has the right to reject any payment dispute which is unfair or malicious in Poocho’s sole discretion. Poocho shall not be liable for any losses incurred by the Pal, in the event a Pal fails to comply with the aforementioned norms.

10. Other Researchers

We are not a party to the dealing, contracting, and fulfillment of a Study between a Pal and a Researcher unless Poocho is the Researcher. We have no control over and do not guarantee the quality, safety, or legality of other Researchers’ Studies, the truthfulness or accuracy of Study listings, the qualifications, background, or abilities of Pals, the ability of Researchers to pay, or that a Pal or Researcher can or will complete a particular transaction. We are not required to and do not verify any information given to us by Researchers or Pals, nor do we perform background checks. However, we may provide information about a Researcher, such as a risk score or geographical location, or third-party evaluations based on data given to us by the Researcher or a third party. Such information is provided solely for the convenience of Pals and is not an endorsement or recommendation by us. Pals and Researchers must look solely to the other for the enforcement and performance of all the rights and obligations arising from their contracts and dealings.

11. Usernames and Passwords

When you register with the Platform, you may be asked to choose a username and password, and/or provide requisite details such as name, mobile number, email-id, etc., which shall be subject to our Privacy Policy. You are solely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Platform. You may also log into your registered account via one time password (OTP) which maybe automatically generated and sent to the mobile number and/or email-id associated to and registered with your account for one-time use only. You authorize us to assume that any person logging into and/or using the Platform by the way of your account and with your username and password or an OTP verified in the manner mentioned herein, is either you or is authorized to act on your behalf. You agree to notify us immediately if you suspect or become aware of any unauthorized log into and/or use of your account via any or all methods mentioned herein, or any attempt to do so.

12. Platform Integrity & Restrictions on Use

You agree you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Platform) from the Platform, any software code that is part of the Platform, or any services that are offered on the Platform without our prior express written permission and any appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Platform or any activities conducted on the Platform; (d) bypass any measures we may use to prevent or restrict access to the Platform or any subparts of the Platform including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (g) upload invalid data, viruses, worms, or other software agents through or to the Platform; or (h) collect or harvest any personally identifiable information, including account names, from the Platform. Accessing the audiovisual content available on the Platform for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Platform to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

You must comply with the laws that apply to you in the location that you access the Company’s Platform from. If any laws applicable to you restrict or prohibit you from using the Platform, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Platform. You promise that all the information you provide to the Company on accessing and/or using the Platform is and shall remain true, accurate, and complete at all times.

Notwithstanding anything, you are specifically restricted from all of the following: publishing any material on the Platform to any other media; selling, sublicensing and/or otherwise commercializing any Platform material; publicly performing and/or showing any Platform material without the Company’s prior written consent; using this Platform in any way that is or may be damaging to this Platform; using this Platform in any way that impacts user access to this Platform; using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, us or any person or business entity; engaging in any data mining, data harvesting, data extracting, or any other similar activity with respect to this Platform; using this Platform to engage in any advertising or marketing.

Certain areas of this Platform are restricted from being accessed by you and we may further restrict access by you to any areas of this Platform, at any time, in absolute discretion.

13. User Content

Some areas of the Platform may allow Pals to post feedback, comments, questions, photos, videos, and other information to a forum available to the public (“Public User Content”). You are solely responsible for the Study Entries or other Public User Content (collectively, “Content”) you upload, publish, display, link to, or otherwise make available (hereinafter, “post”) through the Platform. You agree we are only acting as a passive conduit for online distribution and publication of your Public User Content. You understand that whether or not such Public User Content is published, we do not guarantee any confidentiality with respect to any Public User Content. By displaying User Content, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it to any and/or all media. User Content must be your own and must not be invading any third-party's rights. We reserve the right to remove any User Content from this Platform at any time without notice. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.

14. Restrictions on Content

You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content you know is not correct and current. You agree that any Content you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (e.g., copyright, trademark, patent, etc.), rights of publicity, and privacy. You shall have the onus of the copyrighted content you share with Poocho, and Poocho shall not have any liability on such contents whatsoever. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Platform, is solely your responsibility. We are not responsible for any public display or misuse of your Content. You understand and acknowledge you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree we shall not be liable for any damage you allegedly incur as a result of such content. Furthermore, we exercise no editorial control over Content posted by Pals for the Platform and are not responsible for and do not monitor such content for accuracy or reliability.

15. User License to Us

You retain all your ownership rights in your Public User Content. By posting any Public User Content on the Platform, you expressly grant, and represent and warrant you have a right to grant to us a royalty-free, sublicensable, transferable, revocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Public User Content without your name as contained in your Public User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Platform a non-exclusive license to access your Public User Content through the Platform, and to use, reproduce, distribute, display, and perform such Public User Content as permitted through the functionality of the Platform and under this Agreement. The above licenses granted by you in your Public User Content terminate within a commercially reasonable time after you remove or delete your Public User Content from the Platform.

16. Comments about Platform

You may choose to send us comments or ideas about the Platform, including without limitation, about how to improve the Platform or our products (“Ideas”). By submitting any Idea, you agree your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. You hereby assign any rights in such ideas to Poocho, without payment to you. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

17. Entire Agreement

These Terms read along with our Privacy Policy constitutes the entire agreement between Poocho and you in relation to your use of the Platform and supersede all prior agreements and understandings.

If you are a Researcher these Terms shall additionally be guided by the Statement of Work signed between the Parties.

18. Additional Content Representations and Warranties

You represent and warrant:
• You have the consent of each and every identifiable natural person in the Content to use such person’s name or likeness in the manner contemplated by the Platform and this Agreement.
• Your Content and our use thereof as contemplated by this Agreement and the Platform shall not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity.
• We may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

19. Our License to the User

Subject to and conditioned on your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and, if you are a Pal, to use the Platform internally and for the purpose of completing Studies and receiving the services available and authorized from the platform. You agree to not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Platform in any way for any public or commercial purpose without our prior written consent or that of the rights holder. You agree to not use any content of the Platform on any other website or in a networked computer environment for any purpose except for your own internal purposes. You agree to not attempt to reverse engineer or attempt to interfere with the operation of any part of the Platform unless expressly permitted by law. The Platform or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose not expressly permitted by us. We and our licensors retain all our rights, title, and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Platform. Our logos and names are trademarks and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Platform may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.

20. Open-Source Software

Some open-source software may be incorporated into the Platform under a separate license, such as free software, open-source, or other licenses. In the event of a conflict between this Agreement and any such separate license, the separate license will prevail with respect to such open-source software.

21. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.

22. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. Poocho and you agree that Poocho and you will resolve any Claims on an individual basis and that any Claims brought under this Agreement or in connection with the Platform will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Poocho and you further agree that Poocho and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the Platform. If any court or arbitrator determines that the class action waiver outlined in this paragraph is void or unenforceable for any reason or that a lawsuit can proceed on a class basis, then the Claims must be litigated in state court.

23. Disclaimer

The Platform is provided on an “as is” basis. The Company makes no representations or warranties of any kind (express, statutory or implied) as to the operation of the Platform, provision of Platform or the information, content, materials, or products included on the Platform, or in association with the Platform or any third-party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the users of the Platform and the action of each of the users shall be their own responsibility.

The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service, and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits, or any kind of misuse (statutory or otherwise) by any of its users individually or during their interaction with each other.

POOCHO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR PLATFORM ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT OF ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE, AND POOCHO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. POOCHO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED THROUGH THE PLATFORM.

Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

24. Term; Termination and Suspension; Survival

This Agreement shall become effective as your contractual agreement upon your acceptance of this Agreement or your use of the Platform, and shall continue until your account is terminated by you or us as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account or a Study, and refuse to provide any or all Platform functions to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or the information incorporated herein by reference, including our written policies and procedures posted on the Platform or linked here; (b) we suspect or become aware that you have provided false or misleading information to us; (c) we believe in our sole discretion that your actions may cause legal liability for you, us or other Platform users or are contrary to the interests of the Platform; or (d) you breach the letter or spirit of any Researcher terms and conditions for a Study in which you participate.

Once indefinitely suspended or terminated, you must not continue to use the Platform. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Platform or otherwise reduce fees owed to us, you agree to pay us for all fees owed to us and reimburse us for all losses and costs (including any and all employee time) and reasonable expenses (including attorney fees) related to investigating such breach. When your account is terminated for any reason mentioned herein, you may no longer have access to data, messages, files, and other material you keep on the Platform, such as your Public User Content. The material may be deleted along with all your previous posts and materials. Even after this Agreement is terminated, any provisions of this Agreement, which by their express language or by their context are intended to survive the termination of this Agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, ownership of intellectual property and data), shall survive such termination.

25. Limitation of liability

IN NO EVENT SHALL POOCHO OR RESEARCHERS WHO OFFER Studies BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR PLATFORM INTERRUPTIONS, LOSS OF DATA OR BREACH OF DATA OR SYSTEM SECURITY, LOST OPPORTUNITIES OR PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE PLATFORM, LOST SAVINGS, OR LOSS OF GOODWILL) ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF POOCHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THIS INCLUDES, BUT IS NOT LIMITED TO, NOT BEING LIABLE FOR ANY DAMAGES RELATED TO DOWNLOADING OR RUNNING MOBILE OR OTHER APPLICATIONS, INCLUDING POOR PERFORMANCE ISSUES, “CRASHES” IN OPERATING SYSTEMS, INTERRUPTION OR DENIAL OF PLATFORM, LOSS OF DATA, OR ANY OTHER ADVERSE EFFECT TO YOU AS A RESULT OF USING THE PLATFORM OTHER THAN THAT WHICH IS DUE TO OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF POOCHO OR AN APPLICABLE RESEARCHER TO YOU, A PAL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE OF THE PLATFORM SHALL BE LIMITED TO THE GREATER OF (A) TOTAL COMPENSATION PAID TO YOU OVER THE PREVIOUS SIX (6) MONTHS PRIOR TO THE DATE WHEN THE CLAIM AROSE OR (B) INDIAN NATIONAL RUPEES FIVE THROUGH ONLY (5000) INR.

26. Indemnity

You agree to defend, hold harmless and indemnify Poocho, and its respective partners, employees and agents and, as applicable, Researchers from and against any and all losses, costs, expenses, damages, or other liabilities, including attorneys’ fees, incurred by us and from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Platform; or (b) resulting from: (i) any breach of contract or other claims made by Researchers with which you conducted business through the Platform; (ii) your breach of any provision of this Agreement or Researcher’s Additional Terms; Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our cost and expense. We reserve the right to report any wrongdoing, of which we become aware, to the applicable government agencies or otherwise.

27. Communications from Us to You

Unless you otherwise indicate in writing to us, we will communicate with you by email or by posting communications on the Platform. You consent to receive communications from us electronically and agree these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to us, or when we post such communication on the Platform. You must keep your email address updated on the Platform, and you must regularly check the Platform for postings. If you fail to respond to an email message from us regarding a violation, dispute, or complaint within two (2) business days, we have the right to terminate or suspend your Studies or your account.

28. Miscellaneous Terms and Conditions

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of the Platform may not be legal for or by certain persons or in certain countries. We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative. No delay or omission by us in exercising rights or remedies will impair any rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement in our sole discretion. This Agreement, together with any other legal notices and agreements published via the Platform, shall constitute the entire agreement between you and us concerning the Platform. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

The Platform is controlled and operated from its facilities in India. We make no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Platform if you are located or a resident in a country or territory that is, or whose government currently is, the target of sanctions, embargoes or trade restrictions imposed by any Indian government authority, or are a foreign person currently included on the blacklisted or blocked person list of the Indian government. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to act of God, labor disturbances, accidents, fires, floods, power, telecommunications or internet failures, strikes, terrorism, wars, riots, rebellions, blockades, pandemic, epidemic, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.

Terms & Conditions