Terms and Conditions
  1. Usage of Probo
    1. The Probo Platform (including any mobile based applications, website and web applications) is provided by Probo Media Technologies Pvt. Ltd. (“Probo”). Through the Probo Platform any person (“User”) with a verified account can access and participate in the services provided via the Probo Platform. Through the Probo Platform a User, exercising knowledge about a given subject and based on publicly available information (including such information collated and made available through the Probo Platform) can bid on the probability of the occurrence of a specified event.
    2. A User accessing the Probo Platform shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Probo in relation to any services provided via the Probo Platform (“Probo Services”).
    3. Probo shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Probo in relation to any Probo Services, at any time, by posting the same on Probo. Use of Probo constitutes the User’s acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Probo in relation to any Probo Services, as may be amended from time to time. Probo may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Probo, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Probo. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Probo.
    4. Certain Probo Services being provided on Probo may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
    5. Probo may, at its sole and absolute discretion:
      • Restrict, suspend, or terminate any User’s access to all or any part of Probo or Probo Platform Services
      • Change, suspend, or discontinue all or any part of the Probo Platform Services
      • Reject, move, or remove any material that may be submitted by a User
      • Move or remove any content that is available on the Probo Platform
      • Deactivate or delete a User’s account and all related information and files on the account
      • Establish general practices and limits concerning use of Probo Platform
      • Offer discounts or cash rewards to its users in a form it deems fit (“Cash Bonus”)
      • Revise or make additions and/or deletions to the roster of questions, data, information provided in relation to a particular outcome that is being bid on
      • Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
    6. In the event any User breaches, or Probo reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Probo or the Probo Services, Probo may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of the Probo Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on Probo and further, take technical and legal steps as it deems necessary.
    7. If Probo charges its Users a platform fee in respect of any Probo Services, Probo shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or Probo Services on account of any negligence or deficiency on the part of Probo, but not if such suspension or removal is effected due to:
      • any breach or inadequate performance by the User of any of these Terms and Conditions or
      • any circumstances beyond the reasonable control of Probo.
    8. By accepting these Terms and Conditions Users are providing their consent to receiving communications such as announcements, administrative messages and advertisements from Probo or any of its partners, licensors or associates.
  2. Participation
    1. As part of its services Probo shall, via the Probo Platform, make available questions relating to the probability of the occurrence of a specified future event, data and information collated from publicly available sources related to the specified future event, and/or the ability for Users to add their own opinions, data/information related to a particular future event.
    2. Depending upon the potential outcome for each specified future event, the time period of occurrence of such specified future event, the number of bids received for a specified future event and any other factors that might be relevant in Probo’s sole discretion, Users may be allowed to edit their bids and/or place multiple bids on the occurrence of a specified future event.
    3. The Probo Platform shall, on a best efforts basis, attempt to match a User’s bid on a specified future event with a complementary bid of another User. Once a complementary bid is found and a match is made, neither of the two users shall be allowed to withdraw their specific bid and the settlement of the bids between the two users shall be determined basis the occurrence and outcome of the specified future event on which the two User’s have placed their bids. If a User makes a bid on a specified future event but no complementary bid is available till the occurrence of the specified future event, the bid amount will be returned to the User.
    4. Probo reserves the right to abandon a specific question or set of questions related to a specified future event, or adjust the deadline for bidding on such specified future event in certain specific, uncertain scenarios, which are beyond Probo’s reasonable control. Probo shall endeavor to send communications through various modes including but not limited to emails and/or SMS communication and/or WhatsApp messages, about any such change to keep the User updated.
    5. Bidding on certain specified future events might have specific rules that Probo will notify the User(s) before making the bid. Such rules will be in addition to these Terms and Conditions unless otherwise specified in the said rules.
    6. To place a bid a User must pay a certain amount that is equivalent/commensurate with the likelihood of occurrence of a specified future event. A winning bid is determined basis the occurrence and outcome of a specified future event. A User’s bid on the said event will be deemed to be successful if the parameters which formed the basis for the User making a bid are met and/or have occurred. If the parameters are which formed the basis for the User making a bid are not met and/or have not occurred the bid shall not be successful.
    7. All Users understand and acknowledge that participation via the Probo Platform and placing bids on specified future events by a User is based on Users’ individual analysis of the possibility of occurrence of a specified future event. While Probo collates and provides data and information related to the future events from publicly available sources on the Probo Platform, Users are encouraged to use their own methods to collect/gather/collate and analyze information related to the specified future event and bid on the said event only after making a thorough and detailed analysis and determination as to the possibility of success of their individual bids.
    8. To bid on a specified future event a User must add money to their account on the Probo Platform(“Probo Account”). Probo may, in its sole discretion, specify the amounts that can be added and/or held by a User either in aggregate or in tranches. Credits and debits towards making bids, winning bids or losing bids will be made to and from (as the case may be) the User’s Probo Account.
  3. Intellectual Property
    1. Probo includes a combination of content collected/collated/analysed by Probo, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Probo and the Probo Platform and material published on the Probo Platform, including (but not limited to) software, advertisements, content (whether written, audio and/or visual), photographs, graphics, images, illustrations, graphs, charts, marks, logos, audio or video clippings, animations etc. is owned by Probo, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Probo either in whole or in part without express written license from Probo
    2. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available via the Probo Platform (“Users’ Content”). Each User represents and warrants that they own all Intellectual Property Rights in the Users’ Content and that no part of the User’s Content infringes any third party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Probo Platform. Users agree to indemnify and hold harmless Probo, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Probo Platform, by such User or through the User’s commissions or omissions
    3. Users hereby grant to Probo and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub- licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:
      • displaying Users’ Content on Probo
      • distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
      • storing Users’ Content in a remote database accessible by end users, for a charge
      • This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology
      • All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Probo Platform belonging to any person (including a User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Probo.
  4. Third Party Sites, Services and Products
    1. Links to other Internet sites owned and operated by third parties may be provided via the Probo Platform. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Probo does not exercise control over any Internet sites apart from the Probo Platform and cannot be held responsible for any content residing in any third-party Internet site. Probo‘s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Probo of such third-party Internet site.
    2. Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. The User agrees that Probo will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
    3. The Probo Platform contains content that is created by Probo as well as content provided by third parties. Probo does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Probo Services provided on the Probo Platform.
  5. Privacy Policy
    1. All information collected from Users, such as registration and credit card information, is subject to Probo‘s Privacy Policy which is available at Privacy Policy
  6. User Conduct
    1. Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Probo may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
      • restricting, suspending, or terminating any User’s access to all or any part of Probo Services
      • deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Probo Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Probo subject to a processing fee (if any) applicable on such transfers as set out herein
    2. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Probo). Users further agree to update and keep updated their registration information
    3. A User shall not register or operate more than one User account with Probo.
    4. Each User specifically consents to receiving communications from Probo via email, SMS messages, and WhatsApp messages.
    5. Users agree to ensure that they can receive all communication from Probo by e-mails or SMSs or WhatsApp messages from Probo. Probo shall not be held liable if any e-mail/SMS/WhatsApp message remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
    6. Users agree to exit/log-out of their accounts at the end of each session. Probo shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
    7. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Probo Services and/or Probo experience or assist in such activity.
    8. Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Probo or Probo’s Services.
    9. Users agree that without Probo‘s express written consent, they shall not modify or cause to be modified any files or software that are part of Probo‘s Services.
    10. Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Probo or the Probo’s Services (each a “Server”); or (2) the enjoyment of Probo Services by any other User or person.
    11. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Probo Services or any other person‘s use or enjoyment of Probo Services.
    12. Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Probo Services by any means other than the User interface provided by Probo, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Probo Services.
    13. User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
    14. Without limiting the foregoing, Users agree not to use Probo for any of the following:
      • To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication
      • To harass, stalk, threaten, or otherwise violate any legal rights of other individuals
      • To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content
      • To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person‘s computer, Probo, any software, hardware, or telecommunications equipment
      • To advertise, offer or sell any goods or services for any commercial purpose on Probo without the express written consent of Probo
      • To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner
      • To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material
      • To restrict or inhibit any other user from using and enjoying any public area within our sites
      • To collect or store personal information about other Users
      • To interfere with or disrupt the Probo and/or the Probo Platform, Probo servers, or Probo networks
      • To impersonate any person or entity, including, but not limited to, a representative of Probo, or falsely state or otherwise misrepresent User’s affiliation with a person or entity
      • To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Probo or to manipulate User’s presence on Probo(s)
      • To take any action that imposes an unreasonably or disproportionately large load on Probo’s infrastructure
      • To engage in any illegal activities.
      • To engage in any action that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation.
    15. If a User chooses a username that, in Probo‘s considered opinion is obscene, indecent, abusive or that might subject Probo to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Probo reserves the right, without prior notice to the User, to restrict usage of such names, which in Probo’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from Probo, deny such User access to Probo, or any combination of these options.
    16. Unauthorized access to the Probo Platform is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access the Probo Platform by any means other than through the interface that is provided by Probo via the Probo Platform for use in accessing the Probo Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
    17. Use of the Probo Platform is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Probo‘s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Probo.
    18. Persons below the age of eighteen (18) years are not allowed to register with or place bids via the Probo Platform. All persons interested in becoming Probo Users must disclose their age at the time of getting access to the Probo Platform. If a person declares a false age, Probo shall not be held responsible and such person shall, in addition to forfeiting any and all rights over their Probo Account, shall indemnify and hold Probo, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Probo its Directors, officers, employees, agents, affiliates by virtue of such false declaration being made. In case the person making the false declaration is below the age of 18 such person’s legal guardians shall indemnify and hold Probo, its Directors, officers, employees, agents, affiliates harmless of any and all losses that may be suffered by Probo its Directors, officers, employees, agents, affiliates by virtue of such false declaration having been made by said person.
    19. Probo may not be held responsible for any content contributed by Users on the Probo Platform.
  7. Eligibility
    1. The Probo Platform is open only to persons above the age of 18 years.
    2. The Probo Platform is open only to persons, currently residing in India.
    3. Persons who wish to participate must have a valid phone number.
    4. Probo may on receipt of information bar a person from participation and/or withdrawing amounts from their Probo Account if such person is found to be one with insider knowledge of certain specified future events on which such person is/has placed a bid.
    5. Only those Participants who have successfully registered on the Probo Platform shall be eligible to bid on the outcome of specified future events.
  8. Payment Terms
    1. In respect of any bids placed via the Probo Platform Users agree to be bound by the following payment terms:
      • A User can only place a bid if the User’s Probo Account has a minimum balance that corresponds to the amount the User wishes to bid.
      • When a User places a bid Probo shall place a hold on the bid amount in the User’s account.
      • Probo reserves the right to charge a fee for provision of the Probo Services(“Platform Fee”), which would be specified and notified by Probo from time to time. The Platform Fee (inclusive of applicable tax thereon) will be debited from a User’s account balance at the time of determination of the outcome of a specified future event on which the user has placed a bid. Probo shall issue an invoice for such debit to the User.
      • Probo shall provide, to all Users, sub-accounts that work as a as a closed system pre-paid instrument in the following manner
        • Deposits Account – Users can upload real money to pay, in advance, to place bids and for Probo Services. No refunds for any purpose other than Probo’s inability to provide Probo Services and/or non-provision of Probo Services shall be allowed once a deposit has been made in the user’s Deposit Account. For avoidance of doubt, any refund issued as per applicable law would be only for the unutilised amount on the user’s Deposit Account and no refund shall be made for the amount that has already been used to place any bids on the Probo Platform.
        • Winnings Account – This account is utilized for storing any amounts received by a User upon successfully winning a bid on the Platform. Users may either withdraw the amounts in the Winnings Account for cash or the same may be utilized for pacing further bid. Any amounts in a the Winnings Account can be withdrawn at any time, subject to such limits as Probo my decide in its sole discretion.
        • Trading Account – Upon a user making a successful bid, Probo in its sole discretion, shall credit a percentage (which percentage shall be notified to Users from time- to-time) of the original amount used to make a bid to a User’s Trading Account. For avoidance of doubt, upon placing a successful bid, the total amount receivable by a User shall be bifurcated into three parts namely, (a) Winning Amount; (b) Traded Amount; and (c) Platform Fee. The Winning Amount shall be the amount gained by the User for placing a successful bid and the Traded Amount shal be the total amount placed by a User while making a bid. All amounts in a Trading Account can be withdrawn at any time, subject to such limits as Probo may decide and notify to Users, from time-to-time, in its sole discretion. All withdrawals from the Trading Account shall be made after deducting any promotional amounts given to Users at the time of making a deposit in the Deposit Account.
        • Promotions Account – Probo from time-to-time may provide additional amounts in the form of promotions as a reward for using the Platform.
      • All bid amounts shall be debited from the User’s Probo Account and all winning bids shall be credited to the User’s Probo Account after deduction of the Platform Fee.
      • All amounts in a User’s Deposits Account that are unutilised for a continuous period of 365 days from the date of deposit shall, in accordance with applicable law, be forfeited. Additionally, if a User does not place any bids for a continuous period of 365 days all amounts in the User’s Probo Account (i.e. in the Deposits Account, Trading Account, Winnings Account and Promotions Account) shall be forfeited. Probo, in its sole discretion, may choose to reverse such forfeiture, either in whole or part.
      • Probo, may at its sole discretion, fix limits on the amount a user may be allowed to deposit into or withdraw from their Probo Account and define minimum limits which must be met in a User’s Account before allowing a withdrawal. When a User is eligible to withdraw money from their User Account, Probo shall effect an online transfer to the User’s bank account on record with Probo within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Probo Account. Probo may charge a processing fee for the online transfer of such amount from the Probo Account to the User’s bank account on record with Probo. Users are required to provide certain “Know Your Customer” (“KYC”) documents in order for Probo to process the withdrawal request. The name mentioned on the User’s KYC document(s) should correspond with the name provided by the User at the time of registration on Probo, as well as the name and address existing in the records of the User’s bank account as provided to Probo. In the event that no bank account has been registered by the User against such User’s account with Probo, or the User has not verified his/her User account with Probo, to Probo‘s satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Probo shall not transfer any amounts to the User.
      • Further, in order to conduct promotional activities, Probo may, from time to time, gratuitously issue certain amounts (“Promotional Balance”) to the User for the purpose of participation on the Probo Platform. The usage of any Promotional Balance issued by Probo to the User shall be subject to the limitations and restrictions as determined by Probo in its sole discretion. The issue of any Promotional Balance to a User is subject to the sole discretion of Probo and cannot be demanded by any User as a matter of right.
      • Subject to these Terms and Conditions and any additional Terms published by Probo from time to time, Users agree that once they confirm a transaction on Probo, they shall be bound by and make payment for that transaction.
  9. Dispute and Dispute Resolution
    1. If any dispute arising out of, or in connection with, the Probo Services provided by Probo via the Probo Platform, the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) or Probo, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below arises between the User(s) and Probo (“Dispute”), the disputing parties hereto shall endeavor to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within 30 (thirty) days from the date of communicating the Dispute in writing.
    2. If the parties are unable to amicably settle the Dispute as mentioned above, any party to the Dispute shall be entitled to serve a notice invoking Arbitration. The Dispute shall be referred to and finally resolved by arbitration. The Arbitration shall be conducted by an Arbitral Tribunal consisting of a sole arbitrator in accordance with the Rules of the Delhi International Arbitration Centre (“DIAC Rules”), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be New Delhi. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The law governing the arbitration agreement shall be Indian Law.
    3. Nothing shall preclude any Party from seeking interim or permanent equitable or injunctive relief, or both, from the competent courts at New Delhi, having jurisdiction to grant relief on any Disputes. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy (including for monetary damages) through the arbitration described herein.
    4. The arbitration award will be final and binding on the Parties.
  10. Release and Limitations of Liability
    1. Users shall access the Probo Services provided via the Probo Platform voluntarily and at their own risk. Probo shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by Users or any other person or entity during the course of access to the Probo Platform.
    2. By accessing the Probo Platform and Probo Services provided therein, Users hereby release from and agree to indemnify Probo, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access of the Probo Platform and the Probo Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
    3. Probo accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the data/information collated and published on the Probo Platform.
    4. Users shall be solely responsible for any consequences which may arise due to their access of Probo Services by conducting an illegal act or due to non- conformity with these Terms and Conditions and other rules and regulations in relation to Probo Services, including provision of incorrect personal details. Users also undertake to indemnify Probo and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Probo on account of such act on the part of the Users.
    5. Users shall indemnify, defend, and hold Probo harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Probo Platform. In no event shall Probo be liable to any User for acts or omissions arising out of or related to User’s engagement with the Probo Platform.
    6. In consideration of Probo allowing Users to access the Probo Platform, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Probo, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Probo Services.
  11. Disclaimers
    1. To the extent permitted under law, neither Probo nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis- delivery, or the untimely delivery of any information or material.
    2. To the extent permitted under law, Probo shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products, Probo Services or sites.
    3. Any material accessed, downloaded or otherwise obtained through the Probo Platform is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
    4. Probo shall make best endeavours to ensure that the Probo(s) is error-free and secure, however, neither Probo nor any of its partners, licensors or associates makes any warranty that:
      • the Probo Platform will meet Users’ requirements,
      • Probo Platform will be uninterrupted, timely, secure, or error free
      • the results that may be obtained from the use of Probo Platform will be accurate or reliable and
      • the quality of any products, Probo Services, information, or other material that Users purchase or obtain through the Probo Platform will meet Users’ expectations.
    5. In case Probo discovers any error, Probo reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, Probo agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
    6. To the extent permitted under law, neither Probo nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
    7. Any Probo Servicesbeing hosted or provided, or intended to be hosted on the Probo platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Probo Services are hosted or provided.
    8. To the extent permitted under law, in the event of suspension or closure of any Probo Services Users shall not be entitled to make any demands, claims, on any nature whatsoever.
  12. Grievance Redressal Mechanism
    1. In case a User has any complaints or grievance pertaining to (i) any Content that a User believes violates these Terms (other than an infringement of Intellectual Property Rights), (ii) Users’ access to the Probo Platform or (iii) any Content which a User believes is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf such User is making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: ashishgarg@probo.in
    2. In the complaint or grievance, the User shall include the following information:
      • Name and contact details: name, address, contact number and email address
      • Relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person
      • The name and age of the person aggrieved or affected by the subject matter of the complaint, in case the User is acting on behalf of such person and a statement that the User is authorised to act on behalf of such person and to provide such person‘s personal information to Probo in relation to the complaint/grievance
      • Description of the complaint or grievance with clear identification of the Content in relation to which such complaint or grievance is made
      • A statement that the User believes, in good faith, that the Content violates these Terms and Conditions
      • A statement that the information provided in the complaint or grievance is accurate.
    3. Probo respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Probo Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. Users are requested to send Probo a written notice/ intimation if Users notice any act of infringement on the Probo Platform, which must include the following information:
      • A clear identification of the copyrighted work allegedly infringed;
      • A clear identification of the allegedly infringing material on the Probo Platform;
      • Contact details: name, address, e-mail address and phone number;
      • A statement that the User believes, in good faith, that the use of the copyrighted material allegedly infringed on the Probo Platform is not authorized by the User’s agent or the law;
      • A statement that the information provided in the notice is accurate and that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
      • User’s signature or a signature of the User’s authorized agent.
      The aforesaid notices can be sent to the Company by email at suneet@probo.in.
    4. On receiving such complaint, grievance or notice, Probo reserves the right to investigate and/or take such action as Probo may deem appropriate. Probo may reach out to the User to seek further clarification or assistance with the investigation, or verify the statements made in the complaint, grievance or notice, and the User acknowledges that timely assistance with the investigation would facilitate the redressal of the same.
    5. The name and title of the Grievance Redressal Officer is as follows: Name: Suneet Kumbhat, Email: suneet@probo.in Address: 8th Floor, Paras Downtown, Golf Course Road, Sector 53, Gurugram 122002, Haryana, India. The Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.