Welcome to Pincginger, your reliable online marketplace.
Please review the following basic rules that govern your use and access of the Site (the “Agreement”). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement, although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement. If you do not accept all of the terms of this Agreement, please do not use or access the Site.
1.2 Please be advised that your use and/or access to the Site are also subject to any terms and conditions applicable to certain specific Member Services (defined below). In the event of any conflict or inconsistency between the aforesaid terms, conditions and information and the terms and conditions applicable to that specific Member Service, the terms and conditions applicable to the specific Member Service shall prevail.
1.3 Member Services means a certain feature or function that Pincginger reserves for only certain paying Users who undergo a specific registration or verification process. The contents and fee structure of such Member Services shall be determined by Pincginger independently and reported to the applicable Users from time to time and at any time through a notice posted on the Site, email or other means.
1.4 You acknowledge and agree that Pincginger may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.
1.5 The Terms may not otherwise be modified except in writing by an authorized officer of Pincginger.
2. The Use of the Site
2.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Pincginger or its suppliers and protected by national and international copyright laws. The Contents and software on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Pincginger, is strictly prohibited.
2.4 While accessing the Site, or using its services, you should not:
a) Post or transmit false, inaccurate, misleading, defamatory, or libelous content (including but not limited to during the registration process and in Pincginger forum);
b) Violate any laws, regulations, third party rights or our policies, such as third party’s intellectual property rights;
c) Fail to deliver payment for the products and items purchased by you;
d) Manipulate the billing process of Pincginger, or fail to deliver the payment or fee / commission owned to Pincginger;
e) Undermine the feedback or ratings systems;
f) Transfer your Pincginger Account (including your User ID and Password) to another party without prior written consent from Pincginger;
g) Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
h) Distribute viruses or any other technologies that may harm Pincginger and the Site, or the interests or property of other users;
i) Collect information of other Users, including, but not limited to, their email addresses and User IDs, without their advance consent, in order to reap profits; or
j) Otherwise incur any liability to the Site or Pincginger.
2.5 In our sole discretion, Pincginger reserves the right to remove from the Site any material or listing which we reasonably believe is unlawful, violates the Agreement, could result in any liability to Pincginger, or is otherwise inappropriate.
2.6 Pincginger reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching this Agreement, and incurring any liability to Pincginger. Each User hereby also agrees that in no event shall Pincginger be liable to any User or any third party for any User’s inability to use or access the Site and/or Services.
2.7 Pincginger may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes shall not substantially adversely affect the paying Users enjoying that Service.
2.8 Some Services may be provided by Pincginger’s affiliates on behalf of Pincginger.
3. Purchasing on the Site
3.1 You must be registered on the Site (a “Registered User”) in order to make purchases on the Site and/or access some Services. Your status as a Registered User and the purchase process are governed by the Registration Agreement and any terms and conditions related thereto. Pincginger may reject a User’s application for registration for any reason. Upon registration on the Site, Pincginger shall assign an account (the “Pincginger Account”) and issue a User identification (“User ID”) and password (the “Password”) to each Registered User.
3.2 A set of User ID and Password is unique to a single account. Each Registered User shall be solely responsible for maintaining the confidentiality and security of your User ID and Password and for all activities that occur under your Pincginger Account. No Registered User may share, assign, or permit the use of your Pincginger Account, User ID or Password by another person outside of the Registered User’s own business entity. Registered User agrees to notify Pincginger immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your Pincginger Account.
3.3 User agrees that all activities that occur under your Pincginger Account (including, without limitation, posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending e-mails using the latest e-mail account or sending SMS) will be deemed to have been authorized by you.
3.4 User acknowledges that sharing your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Pincginger or other Users of the Site. User shall indemnify Pincginger, our affiliates, directors, employees, agents and representatives against any loss or damage (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that in the case of the multiple use of your account or User’s failure to maintain the security of your account, Pincginger shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Pincginger Account without liability to User.
3.5 By confirming your purchase at the end of the checkout process or via an email confirmation, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.
3.6 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product may or may not include the commission due to Pincginger.
3.7 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that Pincginger shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
3.8 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Pincginger shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.
3.9 When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, Pincginger may disclose the User’s identity and contact information. User agrees not to bring any action or claim against Pincginger for such disclosure.
3.10 The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using such sites. You acknowledge that Pincginger has no control over such third parties’ web sites, does not monitor such web sites, and Pincginger shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
4. Transactions between the Buyers and Sellers
4.1 Each User understands and agrees that Pincginger may or may not be a traditional seller or mart. Through the Site, what Pincginger provides is only an online platform or venue for information exchange and transaction between buyers and sellers or between buyers and Pincginger, including electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the Registration Agreement. Although Pincginger will monitor the regular operation of the Site to fulfill its duty of care, Pincginger does not review and check each item of posted content and listing to search for infringement or illegal activity.
4.2 Despite the Terms, no agency relationship will be created between Pincginger and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site.
4.3 User hereby acknowledges that although Pincginger tries its best to provide Users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use relevant tools available, reasonable judgment and common sense when making a deal online.
4.4 In no event shall Pincginger be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.
4.5 The users (including the seller and buyer) agree to release and indemnify Pincginger and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.
4.6 In order to help the sellers and the Registered Users solve and settle any transactional disputes effectively and efficiently, Pincginger has established the “Handling Procedures for Transactional Dispute”. Here, the Sellers and Registered Users shall agree that when the Registered Users file the transactional disputes with Pincginger, the sellers and the Registered Users should comply with the “Handling Procedures for Transactional Dispute”, and permit Pincginger to make a final binding decision regarding the dispute.
5. Limitation of Liability
5.1. To the maximum extent permitted by law, this Site is provided by Pincginger on an “as is”, “as available” and “with all facts” basis. Pincginger makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, Pincginger hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Pincginger disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
5.2. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Pincginger or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Pincginger has been advised of or should have known of the possibility of such damages.
5.3. In addition, in no event shall Pincginger be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:
a) Any disputes related to goods, services, or information purchased or obtained from a seller or a third-party via the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;
b) Any violation of Third Party Rights on the Site;
c) Unauthorized access to data or private information of any User on the Site; or
d) Statements or conducts of any User of the Site.
5.4. Notwithstanding any of the foregoing provisions, if Pincginger, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the three month period preceding the date on which the claim arose.
5.5. Pincginger shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (1) the use or the inability to use the Site or Services, (2) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site, (3) any violation of third party rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants, (4) unauthorized access by third parties to data or private information of any User, (5) statements or conduct of any User of the Site, or (6) any matters relating to Services, however arising, including through negligence.
5.6. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Pincginger has been advised of or should have been aware of the possibility of any such losses arising.
You agree to defend, indemnify and hold Pincginger and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to (1) your use of the Site, (2) your breach of any representations and/or warranties made by you to Pincginger and (3) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.
7. Force Majeure
Under no circumstances shall Pincginger be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
8. Copyrights, Trademarks and Other Intellectual Property Rights
8.1 Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Pincginger or one of its affiliates and are protected by Indian and International copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Pincginger and is also protected by international copyright, patent, trademark and other intellectual property laws.
8.2 Pincginger and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Pincginger’s or any third party’s intellectual property rights. The Pincginger names and logos and all related product and service names, design marks and slogans are the trademarks of Pincginger. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.
8.3 References on this Site to any names, marks, products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply Pincginger’s endorsement, sponsorship or recommendation of the third party, information, product or service. Pincginger is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.
10.1 Except as explicitly stated otherwise, all notice or demand to or upon Pincginger shall be in writing and delivered to Pincginger by mail to the following address: _________________________________, Attn: Legal Department. Notice shall be deemed effective when received by Pincginger in any of the above-mentioned manner.
10.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to Pincginger during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (1) Pincginger is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (2) immediately upon Pincginger posting such notice on an area of the Site that is publicly accessible without charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Pincginger sends to you electronically satisfy the legal requirement that such communication should be in writing.
11.2 This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and Pincginger related to the same subject matter.
11.4 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
11.5 The failure of Pincginger to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Pincginger’s rights with respect to such breach or any subsequent breaches.
11.6 Pincginger and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.
11.7 Pincginger’s failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of Pincginger’s right to act with respect to subsequent or similar breaches.
11.8 Pincginger may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.
11.9 Any action or proceeding arising out of or related to this Agreement or your use of this Site must be submitted to the Indian xxxxxxxxxxxx for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.
11.10 This Agreement shall be governed by and construed under the laws of Republic of India without regard to conflict of law provisions.