ACCEPTANCE OF THIS AGREEMENT:
VSM Enterprises, a firm registered under jurisdiction of New Delhi, currently owns and governs an Online Listing Platform by the name of “Pinerria” in the form of mobile app and website, which may be extended to other forms in future. These collective platforms (hereinafter referred to as “the platforms”) facilitate interaction between users for the purposes of advertising and distributing information pertaining to products and / or services listed by the users.
By using or accessing any of the platforms of Pinerria, you agree to be bound by and to fully comply with these terms.
CHANGES: These terms may undergo a change from time to time without notice, and you are responsible for checking these terms periodically for any revisions. All amended terms and conditions become effective as soon as they are posted on these platforms, and any use of the the platforms by you, after such changes have been posted, conveys your consent and acceptance to the changes.
USE OF CONTENT ON THE PLATFORMS: The users of the platforms under Pinerria may be categorized under two categories:
- Sellers – Those users who intend to list, display and offer their products and / or services for advertisement and sales purposes. Such users specifically, are hereinafter referred to as ‘the Sellers’
- Visitors – Those users who visit these platforms with an intent to view information regarding the services, products and sellers in order to contact the sellers and purchase the services or products offered by the Sellers or the services offered by the Service Provider. Such users specifically, are hereinafter referred to as ‘the Visitors’.
The content on the platforms may have various forms like photos, images, sounds, videos, text, banners, reviews, ratings, names, addresses, contact details and various other forms, collectively hereinafter referred to as “the content”.
All the users of the content hereby understand and agree that:
- The Service Provider cannot and does not pre-screen or approve all the Content, but it has the right, in its sole and absolute discretion, to pre- screen and / or approve, or refuse, delete or move any Content that is uploaded or may be available through the Platform, if it is malicious, illegal, discriminatory, obscene, libelous or otherwise unlawful in any manner whatsoever.
- The service provider does not authenticate the quality or authenticity of the content uploaded by users. The users may view, use, copy, and distribute the content found on the Platforms for informational and personal use purposes only and take decisions after fully validating the authenticity of the content uploaded by sellers.
- The service provider and the platforms is not liable under any circumstance for any kind of damages, losses arising out of any decision or action taken based on access and/or use of the content in the Platforms, directly or indirectly.
- The users are not allowed to perform data mining, scraping, crawling, or any similar tasks on the platforms which send automated emails or queries to the platforms or any other user.
- The user of the platforms shall be able to make payments using a Third Party payment gateway from PayU or HDFC Bank any other similar gateway. However the Service Provider is not responsible for the malfunctioning of such payment gateway resulting in any loss to the user. The provider of the payment gateway shall be fully liable and responsible for making good such loss to the user. As a result, you hereby acknowledge and agree that the Service Provider shall become a party to such transactions, only in case when the payment has successfully reached its bank account which is attached to the payment gateway. You use the Service and the platforms at your own risk.
- The Service Provider does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and the Service Provider expressly disclaims any and all liability in connection with user Content. The users shall deploy their absolute discretion before taking any decision or action based on the content.
- The platforms offer services for ‘Premium Ads’ and ‘Banners’ where users might be required to pay a non-refundable fee to have their ads posted in selected sections of the platforms, thus potentially increasing an ads' visibility. Though various attempts are made to increase the visibility of such ads, however the service provider does not guarantee any minimum number of visitors or clicks etc. on such ads.
CONDUCT WHILE USING THE PLATFORMS: You agree and undertake that you shall be fully responsible for any content which you upload, write, comment or share on and from the platforms. You agree and undertake not to post, upload, modify, publish, update or share any information on the platforms, or otherwise make available any content:
- that violates any law;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights.
- that infringes any of the foregoing intellectual property rights of any party, or is a content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that is discriminatory in nature based on sex, familial status or handicap, race, color, national origin, religion;
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that violates any state, or local employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
- that includes personal or identifying information about another person without that person's explicit consent;
- deceives or misleads other users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, mis-informative,
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law for the time being in force in India;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the platforms or other users; or
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the platforms, or that otherwise negatively affects other users' ability to use the platforms.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to "stalk" or otherwise harass anyone;
- make any libelous or defamatory comments or review against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the platforms, except for internet search engines (e.g,. Google) and non-commercial public archives;
- attempt to gain unauthorized access to computer systems owned or controlled by the Service Provider or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the platforms; or
- use any automated device or software that enables the submission of automatic postings on the Service Provider without human intervention or authorship (an "automated posting device"), including but not limited to, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
You hereby undertake and agree that any Content uploaded by you shall be subject to relevant laws and may be subject to investigation under appropriate laws and you shall be fully and personally responsible for posting such content, notwithstanding that it may or may not have been reviewed by the Service Provider.
REFUNDS: The Service Provider may charge a fee to post Content in some designated areas of the platforms or some designated services. Each user using such services is responsible for said Content and compliance with these Terms. Any such fees paid hereunder, is non-refundable, irrespective of whether the Content is removed from the Service for violating these Terms or otherwise. Since this website operates with ‘NO REFUND’ policy for any partial or full unexpired term of the posting, you must exercise full caution, diligence and prudence before using the service of paid postings and making any payments thereunder.
NOTIFICATION OF CLAIMS OF INFRINGEMENTS: The Service Provider is not liable for any infringement of copyright arising out of materials posted on or transmitted through or items advertised on these platforms, by the users or any other third parties.
If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may issue appropriate notice to that user directly without any liability arising to the Service Provider.
INTELLECTUAL PROPERTY RIGHTS: You acknowledge and agree that the materials on the platforms, other than the user Content, such as the trademarks, service marks and logos contained therein (collectively hereinafter referred to as the "Marks"), are owned by or licensed to the Service Provider, and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. Such marks available on the platforms is for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Service Provider.
Any reproduction, modification, creation of derivative works from or redistribution of the platforms, the Marks, or the collective work or compilation is expressly prohibited. You shall be fully and personally liable for any violation of such intellectual property rights.
JURISDICTION: These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and the Service Provider and govern your use of the platforms. Further, anything not explicitly mentioned herein shall be governed by the laws of India. Any dispute arising between you and the Service Provider shall be subject to exclusive jurisdiction of the courts located within the State of Delhi.
The failure of the Service Provider to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any particular provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
VSM Enterprises is committed to protecting the confidentiality and privacy of any personal information that is shared by the users of the platforms in the course of day to day transactions. You are requested to go through the below mentioned contents of our policy.
Type of Information Collected & How it is used:
- Non Personal Information: When you visit the platforms of Pinerria, the Service Provider may collect certain non-personal information such as your Internet Protocol ("IP") address, operating system, browser type, your GPS information and Internet service provider. This type of information does not identify you personally. These are required for faster browsing experience and your use of ‘search’ function on the platforms.
- Personal Information: When you get registered with the platforms or post your ads or give review and ratings on advertisements or posts of other users on the platforms, the Service Provider may also collect personal information that you need to provide such as your name, gender, mailing address, email address, phone nos., mobile nos., home address, city, country, zip code, business address, name of your business, Tax registration details and similar information, (hereinafter called as the ‘Registration Details’). These are required by other users to identify you and your business and to contact you in case they wish to transact with you, since some or all of such details would be displayed in your listing. Further, some of these details would be required when you give review comments, post jobs and to provide you the invoice in case you use any of the paid services and to enable you to avail of the tax credit, if applicable.
Further, when you provide your phone number, email etc., you agree to receive phone calls, text messages and mails from other users and the service provider. By using the Pinerria platforms, you consent to collection, storage, and use of the personal information you provide for any of the Services that we offer
- Financial Information: When you use any of the paid services of these platforms, you need to make electronic payment. The Service Provider uses a third-party credit card / debit card processing company for enabling such electronic payments (e.g. PayU) which may, in some instances, store your information for hassle-free payment experience during repeated use.