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Terms & conditions

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Terms & conditions

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INTRODUCTION

The following Terms of Service (this “Agreement”) govern and regulate the relationship between Pingle and Partners (as defined in the subsequent paragraph), regarding the commercial access to and use of http://pingle.in/ and all affiliated websites owned and operated by Pingle including all subdomains, subdirectories, mobile sites, and mobile applications thereof (collectively, the “Pingle Website”). In order to use the Pingle Website and mobile app, you must agree to these Terms of Service. They contain many legal disclosures that you should read carefully, including terms that specify permissible uses of the Pingle Website. By accessing the Pingle Website, you agree that you are authorized to accept the terms set forth below on behalf of yourself and agree to these Terms of Service, our Privacy Policy, our Cookie Policy and any additional policies made publicly available on the Pingle Website. If you do not agree to be subject to these Terms of Service, your sole recourse is not to use the Pingle Website. By continuing to use the Pingle Website and app, you agree to be bound by this Agreement

1. Description of the Pingle Website

The Pingle App provides a way to schedule bookings and services at hyperlocal stores. The Pingle Website allows Partners to place, accept, conclude, keep records of, and manage products and services provided to their customers (“Consumers”).

2. Availability of The Pingle Website

You acknowledge that there may be interruptions in the delivery of the Pingle Website and app that are beyond our control. While we use reasonable efforts to keep the Pingle Website and app accessible, the Pingle Website and app may be unavailable from time to time for any reason including, but not limited to, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Pingle Website and app may be interrupted, suspended or terminated. Pingle retains the right at our sole discretion to deny access to the Pingle Website or app to any Partner or Consumer at any time and for any reason. Pingle is not required to disclose the reason for the denial of access to the Pingle Website to any of the previously mentioned parties.

3. Operation of The Pingle Website and App

We reserve complete and sole discretion with respect to the operation of the Pingle Website and app. We may, among other things:

a. make available to third parties information relating to the Pingle Website and app, including personal information that you have 

    submitted on the website (subject to the limitations defined in our Privacy Policy);

  1. b. withdraw, suspend or discontinue any functionality or feature of the Pingle Website or app; and
  2. c. review uploaded files, forums, chats, and user submissions and authorize restrictions on access thereto

4. Ownership

Your access to the Pingle Website and app is not available for sale to any third party. The content and information available on the Pingle Website and app, as well as the infrastructure used by the Pingle Website and app, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of Pingle. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such intellectual property rights and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Pingle Website or app.

5. CC Code of Conduct

All interactions with the Pingle Website and app must be lawful and must comply with these Terms of Service. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of the Pingle Website and app, we may limit your access to the Pingle Website and app and seek further remedies. Please do not engage in the following activities, as they are prohibited on the Pingle Website and app and constitute express violations of the Agreement:

6. Pingle Account

6.1 Creating a Pingle Account

Once you create an account for the Pingle Website, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other Consumer. If you violate any of these limitations, we may terminate your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Pingle Website and app or in connection with your account on the Pingle Website and app, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Pingle Website and app.

6.2 Account Communications

By creating a Pingle account, you expressly consent and agree to accept and receive communications from us, including but not limited to, via e-mail, calls, and push notifications to the cellular telephone number and/or email address you provided us with. Additionally, by consenting to being contacted by Pingle, you understand and agree that you may receive notifications sent by Pingle, including but not limited to: communications concerning your Pingle account or updates concerning new and existing features, and news concerning Pingle and industry developments.

IF YOU WISH TO OPT-OUT OF EMAIL, TEXT, OR OTHER COMMUNICATIONS, PLEASE CONTACT US DIRECTLY via our email address. However, you acknowledge that opting out of receiving communications from Pingle may lead to missed notifications and/or updates, and generally impact your use of the Pingle Website as a consumer.

7. Intellectual Property

7.1 Ownership

  1. a.Everything located on or in the Pingle Website and app is the exclusive property of Pingle or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Pingle Website or app without the express written permission of Pingle is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
  1. b.The Pingle Website and app contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Pingle Website and app are protected by copyright as a collective work under the copyright laws. Pingle owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Pingle or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Pingle Website or app.
  1. c.“Pingle” is a trademark owned by Pingle. This trademark, together with other trademarks that are located within or on the Pingle Website otherwise owned or operated in conjunction with Pingle shall not be deemed to be in the public domain but rather the exclusive property of Pingle, unless such mark is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Pingle unless otherwise stated.
  1. d.You will not upload, post or otherwise make available on the Pingle Website or app any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Pingle does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Pingle Website or app you warrant that the owner of such material has expressly granted Pingle the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Consumer to access, view, store or reproduce such material from any public area of the Pingle Website for that Consumer’s personal use. You also grant Pingle the right to edit, copy, publish and distribute any material that you make available on the Pingle Website.

7.2 Copyright Policy

Pingle reserves the right to terminate its agreement with you or any other Consumer who infringes third-party copyrights. If you believe that any material has been posted via Pingle Website in a way that constitutes copyright infringement, you shall provide Pingle with the following information:

a.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;

b.an identification of the copyrighted work and the location on the Pingle Website of the allegedly infringing work;

  1. c. a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
  2. d.a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  3. e.a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  4. f.Contact information for notice of claims of copyright infringement is info@Pingle.com.
  5.  

IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying Pingle and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Pingle’s rights and obligations, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations. Pingle has adopted a policy of terminating, in appropriate circumstances, Consumers who are deemed to be repeat infringers. Pingle may also at its sole discretion limit access to the Pingle Website and/or terminate the accounts of any Consumers who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Disclaimer of Warranty

8.1 Interpretation

You expressly agree that the use of the Pingle Website and app is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PINGLE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

Without limiting the foregoing, neither Pingle, its subsidiaries, affiliates or any of their respective staff members, agents, partners, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Pingle Website will be uninterrupted or error free; nor do they make any warranty as to

  1. a.the results that may be obtained from use of the Pingle Website, or
  2. b.the accuracy, reliability or content of any information provided on the Pingle Website and app. The Pingle Website and app is made accessible on an “as is” and “as available” basis. Pingle hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. PINGLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PINGLE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PINGLE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8.2 No Implicit Warranties

  1. a.the results that may be obtained from use of the Pingle Website, or
  2. b.the accuracy, reliability or content of any information provided on the Pingle Website and app. The Pingle Website and app is made accessible on an “as is” and “as available” basis. Pingle hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.

The information presented or contained in the Pingle Website and app is presented for informational purposes only. No information, whether oral or written, obtained by a Consumer from the Pingle Website or app will create any warranty not expressly stated in this agreement.

9. Other websites

The information presented or contained in the Pingle Website and app is presented for informational purposes only. No information, whether oral or written, obtained by a Consumer from the Pingle Website or app will create any warranty not expressly stated in this agreement.

10. Public Nature of Your Statements

You understand and agree that all Statements, any comments or reviews you post on the Pingle Website or app, are public and not private. Any other person (whether or not a user of the Pingle Website) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Policy or otherwise) in your Statements. Pingle does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any Statements you post in connection with the Pingle Website are not confidential. By placing any information or other material in Communities (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to Pingle a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Communities alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

11. Feedback

You may choose to or we may invite you to submit comments or ideas about the Pingle Website, including but not limited to, how to improve the Pingle Website or other products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pingle under any fiduciary or other obligation to you, and that we are free to use or publish the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by reviewing or accepting your submission, Pingle does not waive any rights to use similar or related ideas previously known to Pingle, or developed by its staff members, or obtained from sources other than you.

12. License for statements

By posting Statements or other information on or through the Communities or in connection with the Pingle Website, you grant Pingle a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

13. Indemnity

You agree to defend, indemnify and hold harmless Pingle and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:

14. Termination

Pingle may terminate or update these Terms of Service at any time, or suspend access to the Pingle Website or app immediately, without prior notice or liability, if you breach any terms of these Terms of Service or for any other reason. Without limiting the foregoing, Pingle shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Pingle considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Service will survive termination of this Agreement.

15. Choice of Law

Any disputes arising out of or related to these Terms of Service and/or any use by you of the Pingle Website or app shall be governed by Indian laws without regard to its choice of law rules and without regard to conflicts of laws principles.

16. Additional Disclosures

No waiver by either you or Pingle of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. The provisions of these Terms of Service apply equally to and are for the benefit of Pingle, its subsidiaries, affiliates, Partners and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

17. Miscellaneous

  1. a.Reservation of Rights. The failure of either party to exercise in any respect any right provided in these Terms of Use will not be deemed a waiver of such rights.
  2. b.Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
  1. c.Assignability. These Terms of Service, and any rights and licenses granted hereunder, are not assignable, transferable or sublicensable by you except with Pingle’s prior written consent, but may be assigned by Pingle without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  2. d.Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Pingle in any respect whatsoever.

No waiver by either you or Pingle of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. The provisions of these Terms of Service apply equally to and are for the benefit of Pingle, its subsidiaries, affiliates, Partners and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

BY ACCESSING THE PINGLE WEBSITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP ACCESSING THE PINGLE WEBSITE.

We are Customer Centria. The Customer Engagement & Experience Company. We architect customer delight by seeking and shaping the Here & Now Moments of Truth. And engineer customer experience, from the orchestration of Cognitive Data, Technology & Omni Channel artistry. Impacting total business transformation, to unlock endless opportunities. 

Copyright @ 2021, Customer Centria. All rights Reserved

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