PM BAROSANI

— TERMS & CONDITIONS —

1. Introduction

Welcome to PM BAROSANI (“Company”, “we”, “us”, or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our services, website, communication platforms, WhatsApp Business Official API communications, RCS messaging services, and any related services (collectively, the “Services”).

PM BAROSANI operates from Nashik, Maharashtra, India, and provides business communication, marketing, transactional messaging, and customer engagement services via digital platforms including but not limited to WhatsApp and Rich Communication Services (RCS).

By accessing, registering, or using our Services, you agree to be legally bound by these Terms in accordance with applicable Indian laws. If you do not agree, you must discontinue use immediately.

2. Definitions

For the purpose of these Terms:

  • “User” means any individual or entity accessing or using our Services.
  • “Platform” refers to our website, dashboards, communication systems, and APIs.
  • “WhatsApp Official API” means Meta-authorized WhatsApp Business API services.
  • “RCS” refers to Rich Communication Services messaging protocol.
  • “Content” means text, images, templates, messages, data, or media transmitted through our Services.
  • “Applicable Law” means laws of India including IT Act 2000 and related rules.

3. Acceptance of Terms

By using the Services of PM BAROSANI, you:

  • Confirm that you have read and understood these Terms.
  • Agree to comply with Meta Business Policies, WhatsApp Commerce Policy, and telecom regulations.
  • Represent that you have authority to bind your business if acting on behalf of an entity.

Continued use constitutes ongoing acceptance of updated Terms.

4. Description of Services

PM BAROSANI provides:

  • WhatsApp Official API-based messaging
  • RCS-based business communication
  • Transactional notifications
  • Customer engagement services
  • Business communication automation
  • Marketing and promotional message facilitation (subject to compliance)

We reserve the right to modify, suspend, or discontinue Services without prior notice.

5. Eligibility

You must:

  • Be at least 18 years old.
  • Be legally capable of entering into binding contracts.
  • Not be prohibited under Indian law from receiving Services.
  • Use Services strictly for lawful business purposes.

6. Account Registration

To access certain features:

  • Users may be required to provide accurate business details.
  • You are responsible for maintaining confidentiality of credentials.
  • You agree to notify us of unauthorized access immediately.

PM BAROSANI reserves the right to suspend accounts for inaccurate information or suspicious activity.

7. User Responsibilities

You agree:

  • Not to send spam or unsolicited communications.
  • To obtain valid opt-in consent from recipients.
  • Not to send misleading, illegal, or harmful content.
  • To comply with TRAI, IT Act 2000, and data protection laws.
  • Not to violate Meta or telecom operator policies.

Violation may result in suspension or permanent termination.

8. Payment & Billing Terms

  • Services may be subject to usage-based or subscription pricing.
  • All payments must be made in INR unless otherwise agreed.
  • Applicable GST and taxes will be charged as per Indian law.
  • Late payments may result in service suspension.

Payments once processed are non-refundable unless required by law.

9. Subscription Renewal & Termination

Subscriptions may:

  • Renew automatically unless cancelled.
  • Be terminated by either party with written notice.
  • Be suspended immediately for policy violations.

Upon termination, access to Services will cease.

10. Use of WhatsApp Official API & RCS

Users must comply with:

  • Meta Business Policy
  • WhatsApp Commerce Policy
  • RCS messaging regulations
  • Telecom operator requirements

Users are solely responsible for message content approval, template compliance, and lawful usage.

PM BAROSANI does not guarantee message delivery as it depends on Meta, telecom providers, and recipient devices.

11. Message Delivery & Compliance Policy

Message delivery depends on:

  • Recipient network availability
  • Meta approvals
  • Device compatibility
  • Telecom regulations

We do not guarantee 100% delivery rates.

Users must maintain documented consent from recipients.

12. Intellectual Property Rights

All intellectual property relating to:

  • Platform design
  • Branding
  • Software
  • Content (excluding User content)

belongs to PM BAROSANI.

Users may not copy, reverse engineer, or redistribute proprietary systems.

13. Confidentiality

Both parties agree to maintain confidentiality of:

  • Business information
  • Client data
  • Technical systems
  • Financial data

Confidential information shall not be disclosed without consent unless required by law.

14. Disclaimer of Warranties

Services are provided on an “as-is” and “as-available” basis.

PM BAROSANI makes no warranties regarding:

  • Uninterrupted availability
  • Error-free operations
  • Guaranteed delivery rates
  • Third-party platform reliability

15. Limitation of Liability

To the maximum extent permitted by Indian law:

  • PM BAROSANI shall not be liable for indirect, incidental, or consequential damages.
  • Total liability shall not exceed the amount paid for Services in the preceding 3 months.

We are not liable for losses arising from third-party platforms such as Meta or telecom operators.

16. Indemnification

You agree to indemnify and hold harmless PM BAROSANI against:

  • Claims arising from unlawful messaging.
  • Violations of Meta or telecom policies.
  • Breach of these Terms.
  • Data protection violations caused by User actions.

17. Governing Law (India)

These Terms shall be governed by:

  • Information Technology Act, 2000
  • Indian Contract Act, 1872
  • Applicable telecom regulations
  • Laws of Maharashtra

Jurisdiction shall lie exclusively with courts in Nashik, Maharashtra.

18. Changes to Terms

PM BAROSANI may update these Terms periodically.

Continued use of Services after updates constitutes acceptance.

19. Contact Information

PM BAROSANI
Shop No 1464 A&B, M/s PM Barosan
GP Milkat No 349B & C, Niphad
Shivaji Chowk, Nashik – 422303
Contact: 9370955088
Email: girish.barosani@yahoo.com

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