Terms & ConditionsEffective date: |
(a) These are binding terms: By accessing or using our Service:
(1) you agree to be bound by these terms of service. If you disagree with any part of these terms of service then you may not access our Service; and
(2) you confirm that you can form a binding contract with us, that you accept these terms of service, and that you agree to comply with them.
(c) Jurisdiction Specific Terms: If you access or use the Service from a jurisdiction for which there are Jurisdiction Specific Terms, you also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these terms of service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency.
(d) You are the authorized representative of a business (if relevant): If you are accessing the Service on behalf of a business or entity then you represent and warrant that you are an authorized representative of the business or the entity with the authority to bind the entity to these terms of service and that you agree to these terms of service on the entity’s behalf.
(e) Eligibility: You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you must obtain consent from your parent or guardian for you to use the Service and they agree to be bound by these terms of service on your behalf.
(d) Account deletion: If you no longer want to use a Free Plan and would like your account deleted permanently, you can do this on your ‘My Account page. You should note though that if you do this, you will not be able to reactivate your account and will not be able to retrieve any of the Content or information you have added.
(e) We can cancel or suspend your plan: Please note that these terms of service allow us to suspend or cancel your Free Plan or Paid Plan in certain circumstances (for example, see clause 15)
3. Changes to the Terms and the Service
(a) We can change these terms of service: We may change or replace these terms of service at any time if the change is necessary to reflect changed or added functionality of the Service, for compliance with the law, for reasonable commercial reasons, or otherwise to protect our legitimate interests.
(b) We may notify you of certain changes to the terms of service: If a change to these terms of service may have a material negative effect on you, we will use our best efforts to advise you of the change in advance (for example, by providing a notification on the Website), and we will aim to do so least 1 month prior to any new terms taking effect.
(c) You must check these terms of service for changes: It is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any of the changes to these terms of service, it is your responsibility to stop using the Service and/or cancel in accordance with clause 2.
(d) Your continued use is deemed to be acceptance: Your continued use of the Service will be deemed as your acceptance of any changes to these terms of service, as described above.
(e) We can change the Service and functionality: You acknowledge that our Service is constantly evolving, and we may change parts of our Service and its functionality from time to time.
(a) You must create an account to use the Service: To access or use our Service, you must create an account with us. When you create this account you must provide accurate and up-to-date information. It is important that you maintain and update your details and any other information that you provide to us.
(b) You must maintain your password: You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
(c) You must choose an appropriate username: You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trading name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances reasonably and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without impacting the above, we do not permit ‘domain squatting’ or ‘domain parking’ or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes. You can raise any concerns with us relating to usernames.
(d) Your responsibilities regarding the use of your account: You must not use your user account or allow it to be used in a way which may (in our opinion) cause damage to or impair the Service or our reputation, or infringe or violate any third party rights, or violate any applicable laws or regulations.
5. Your Content
(a) Your right to post Content: You may post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material to/on the Page that you create using our Service (Content). You are responsible for the Content, including its legality, reliability, and appropriateness. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) needed to allow you to make available that Content on the Page and the Service.
(b) You grant us a license to use and display your Content: By posting Content to the, you grant us the right and license to use, publicly display and distribute such Content on and through our Service and you confirm that you have all third party rights and licenses necessary to post that Content. You retain any and all of your rights to any Content you submit, post, or display on or through our Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the PelamPal Service, who may also use your Content subject to these terms of service.
(c) Your responsibilities in posting Content: You agree that:
the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these terms of service; and
the posting of your Content on or through the PelamPal Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree that:
(B) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, or in breach of privacy. In some circumstances, Content which in one country would not infringe the previous requirements could do so in another country (and we reserve the right to take whatever action we think necessary in such circumstances including removing Content or restricting access to the PelamPal Service);
(C) the Content will not be misleading or deceptive, be intended or designed to misinform, would be likely to misinform a reasonable person, and that you will not represent as fact something which is false;
(D) the Content will not be unsolicited, undisclosed, or constitute unauthorized advertising or endorsements of any product;
(E) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and
(F) the Content does not and is unlikely to bring us or the PelamPal Service into disrepute.
(d) Keeping records: You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause 6 and make such records available upon our reasonable request.
(e) Our right to monitor and modify your Content: We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the PelamPal Service. We reserve the right to modify or remove any Content at any time.
(f) You accept the risk of public disclosure: You acknowledge and agree that all Content you provide on the PelamPal Service will be publicly available information and you bear the risks involved with such public disclosures.
(g) We can use your Content to promote the PelamPal Service: We may choose to feature your Page and Content (but not your registered trademarks or personal information, unless you agree in writing) on our Website or otherwise to promote the PelamPal Service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.
6. Acceptable use
Your access to and use of the PelamPal Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the PelamPal Service is safe for all users and does not provide a platform for inappropriate Content or user behavior. Where there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to cooperate with that third party.
With this in mind, you must not:
(b) make unauthorized copies modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from or create any derivative works of the PelamPal Service or any content included, including any files, tables or documentation (or any portion of these) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the PelamPal Service or any derivative works of the PelamPal Service (or authorize any other person to do so on your behalf);
(c) distribute, license, transfer, or sell, all or any part of any of the PelamPal Service or any derivative works thereof, except that you may re-sell the PelamPal Service to a limited class of persons if we have expressly given consent for such activity to you in writing (and, if we do give consent, we may also include conditions to such consent, which you must comply with);
(d) market, rent or lease the PelamPal Service for a fee or charge, or use the PelamPal Service to advertise or perform any commercial solicitation, except that you may market the PelamPal Service to a limited class of persons if we have expressly given consent for such activity to you in writing;
(e) use the PelamPal Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(f) interfere with or attempt to interfere with the proper working of the PelamPal Service, disrupt the Website or any networks connected to the PelamPal Service, or bypass any measures we may use to prevent or restrict access to the PelamPal Service;
(g) incorporate the PelamPal Service or any portion of it into any other program or product, except as may be agreed separately with us in writing;
(h) use, or authorize others to use, automated scripts or other scraping tools to collect information from your Page, or the PelamPal Service, or otherwise interact with the PelamPal Service;
(i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available comes from the PelamPal Service;
(j) intimidate or harass another person, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age on your Page, your account, or on or through any links on your Page;
(k) include any sexually explicit material (including pictures and language) on your Page itself or your account itself;
(l) use or attempt to use another’s account, service, or system without authorization from us, or create a false identity on the PelamPal Service;
(m) use the PelamPal Service in a manner that may create a conflict of interest or undermine the purposes of the PelamPal Service, such as trading reviews with other Users or writing or soliciting fake reviews; or
(n) use the PelamPal Service to upload, transmit, distribute, store, or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
any material which is defamatory of any person, or obscene, offensive, hateful or inflammatory;
any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities, or self-harm;
any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people;
any material that contains a threat of any kind, including threats of physical violence;
any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality;
any answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide; or
material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the PelamPal Service, or which may expose us, the PelamPal Service, or our Users to any harm or liability of any type.
7. Fees and Payment – Paid Plans
(a) Paying your fees: You must pay us the fees that you agreed to pay for a Paid Plan.
(b) How you will be billed: If you are on a Paid Plan, you will be billed in advance on a recurring and periodic basis, depending on your billing cycle. Billing cycles are set either on a monthly or annual basis, depending on the type of plan you select when opting for your Paid Plan.
(c) Paid Plans are automatically renewed: At the end of each billing cycle, your Paid Plan will automatically renew under these terms of service that exist as at the renewal date unless you or we have canceled the Paid Plan under these terms of service.
(d) Payments must be made with accurate billing information: A valid payment method, including a credit card, is required to process the payment for your Paid Plan. You will provide us with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Fees incurred through your account to any such payment instruments.
(e) Electronic invoices in lieu of automatic billing: If automatic billing fails to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing cycle as indicated on the invoice.
(f) Taxes: Unless otherwise stated, all fees are inclusive of transactional taxes (ie GST/VAT). You are responsible for paying all other (if any) external fees and taxes, including withholding taxes if they apply, associated with your use of the PelamPal Service wherever levied. We may collect geographic information from you for these purposes, and all geographic information that you provide to us (if any) must be accurate.
8. Intellectual property
(a) Our Intellectual Property Rights: All Intellectual Property Rights in the PelamPal Service, the Website, and their content (excluding your Content but including the PelamPal Content), features and functionality are and will remain our (or our licensors’) exclusive property, and you will not challenge such ownership.
(b) No transfer of our Intellectual Property Rights to you: The PelamPal Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade names and ‘get up’ may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any Intellectual Property Rights from us to you.
(c) Your limited rights to use the PelamPal Service: You are permitted to use the PelamPal Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the PelamPal Service to create, display, use, play, and upload Content subject to these terms of service.
(d) How the PelamPal Service must not be used: You must not use the PelamPal Service in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
(e) Responsibility for material posted: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
(f) Your responsibilities in using PelamPal Content: If we provide you with any images, icons, video, graphics, or other content (PelamPal Content) for you to use in connection with the PelamPal Service, you must:(1) only use such PelamPal Content on your Page and not anywhere else;
(2) comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the PelamPal Content that we provide to you.
9. Privacy and data guardianship
(a) Our data, and guardianship of our data: All data (and any Intellectual Property Rights in data) that we or the PelamPal Service create or generate based on your use (or End Users’, or other users’ use) of the PelamPal Service or the Content (Data) will be owned by us and you will not dispute such ownership.
(b) We may provide you with Data: We may provide Data or visualizations of Data to you as part of the PelamPal Service (Data Analytics). We make no representations or warranties as to the accuracy or completeness of the Data Analytics, but we will try to make it as accurate and complete as we can.
(a) You must protect confidential information provided to you: If we share information about the PelamPal Service with you that is confidential, or that a reasonable person would consider is confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
(b) Our responsibilities regarding Feedback: If you choose to contribute to the PelamPal Service by sending us any ideas for new products, services, features, modifications, enhancements, content, offerings, promotions, computer code, or any other materials (Feedback), then regardless of what your communication may say:
we have no obligation to review, consider, or implement your Feedback or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are under no obligation to keep any Feedback you send confidentially or to refrain from using or disclosing it anyway; and
you irrevocably grant us a perpetual irrevocable transferable worldwide royalty-free license to reproduce, distribute, create derivative works of, modify, perform, communicate to the public, make available, display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction.
11. Your responsibility for end-users
Your Page may have its own visitors and customers (End Users). The way in which the End Users use and interact with your Page and your Content (as distinct from our obligations to you in these terms of service in respect of the PelamPal Service itself) is solely your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.
(a) We are not liable for damages: You agree that we will not be liable for any damages suffered as a result of using the PelamPal Service, or copying, distributing, or downloading Content from the PelamPal Service.
(b) No liability for certain types of damage for breach of contract or tort: In no event will you or we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantages) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.
(c) You are responsible for your use of the PelamPal Service: You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the PelamPal Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the PelamPal Service. You must not assign or otherwise dispose of your account to any other person.
(d) Indemnity: You will indemnify us against any loss suffered by us that arises out of a breach by you of these terms of service (including clause 6), or a third party claim made against us in relation to your Content.
(e) Limitation of our liability to you: In no event will our liability to you under or in connection with these terms of service or the PelamPal Service exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [$100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts, or otherwise.
(a) You use the PelamPal Service at your own risk: Your use of the PelamPal Service is at your sole risk. The PelamPal Service is provided on an "AS IS" and "AS AVAILABLE" basis. The PelamPal Service is provided without warranties of any kind, whether express or implied, including, but not limited to, up-time or availability, or implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
(b) We make no warranties about the PelamPal Service: We, our subsidiaries, affiliates, and licensors do not warrant or represent that:
the PelamPal Service will function uninterrupted or securely, or be available at any particular time or location;
any errors or defects will be corrected;
the PelamPal Service is free of viruses or other harmful components; or
the results of using the PelamPal Service will meet your requirements.
(c) Extent of this disclaimer: This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the PelamPal Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
(d) We make no warranties about the content on the PelamPal Service: We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the content contained on the PelamPal Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty, representation, or guarantee as to the effectiveness or profitability of the PelamPal Service or that the operation of the PelamPal Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the PelamPal Service.
(e) We may provide access to third-party services: We may at times include as part of or ancillary to the PelamPal Service access to specific functionality or other services which are provided by third parties (for example, a payment portal).
(f) We do not exclude the application of laws that cannot be excluded: These terms of service (including the above provisions of this clause 14) apply to the maximum extent permitted by law. Nothing in these terms of service is intended to exclude, restrict or modify rights which you may have under any law, which may not be excluded, restricted or modified by agreement. If these terms of service are governed by the Australian Consumer Law, our liability to you for failure to comply with a consumer guarantee in respect of any services is limited to the re-supply of the services or payment in lieu of such re-supply.
(g) Beta functionality: We may from time to time make certain functionality of the PelamPal Service available to you in beta (and this functionality will be marked as ‘beta’ or similar). We are still evaluating and testing such beta functionality and it may not be as reliable as our other parts of the PelamPal Service.
(h) End-user donations: End-user agrees that donations made to a user, via PelamPal’s ‘Support Me’ link, are made voluntarily and without exchange for any good or service. The service to process these payments is provided by a third party (see clause 14).
14. Third-party services
(a) No endorsement of third party services: Unless we otherwise specifically stated, we do not endorse (or make any warranties or representations in relation to) any third-party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing.
(b) Terms and conditions of third-party services: You will comply with the terms and conditions that you have either separately agreed to comply with or that we make it clear to you that you must comply with any third-party service that you use in conjunction with the PelamPal Service.
(d) Suspension or cancellation of account: If you do not agree with the third-party terms and conditions, then we may suspend or cancel your user account or limit the relevant functionality.
15. Our rights to suspend etc. and issue resolution
(a) Our rights to suspend or cancel your account: If you do not comply with any of these terms of service (in particular, clauses 7 (Acceptable Use), and 9 (Intellectual Property)), we may suspend or cancel your user account or limit the functionality of the Service that you have access to. Depending on what the non-compliance is, we may not use this right to suspend or cancel, but if there is repeat non-compliance on your account or a material non-compliance, we are likely to.
(b) Your rights to approach us with any issues: If you have any issues with our decision under clause 15(a), with the performance of our Service, or anything else in connection with these terms of service, please let us know by emailing us at EMAIL ID (Issue Notice). Once we receive an Issue Notice, you and we will use all reasonable endeavors to resolve the issue in good faith. Neither of us will bring any legal proceedings or take any formal or public action in connection with the issue until we have spent at least 1 month from the date of the Issue Notice trying to resolve the issue in good faith.
(b) Severability: If any provision of these terms of service is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and to the extent, it is not valid then it will be severed from these terms of service and the remainder of these terms of service will continue to apply with such amendments as are strictly necessary to reflect the severance.
(c) Governing Law: Your use of this Website will be governed by and construed by the laws of India. The Users agree that any legal action or proceedings arising out of your use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Odisha in India and irrevocably submit themselves to the jurisdiction of such courts/ tribunals.
(d) No waiver: Our failure to insist upon or enforce any provision of these terms of service will not be construed as a waiver of any provision or right.
(e) No agency: Neither these terms nor the PelamPal Service, create a relationship of agent/principal between you and us.
17. Jurisdiction specific terms
Laws may apply to you or to us as a result of your specific location. If this is the case, and if those laws are inconsistent with any part of these terms, those laws will prevail to the extent of the inconsistency.