Terms & conditions of findaround.in
· This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under (as applicable or amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
· The terms "PNG " used in this document refers to M/s PNG Webservices, a partnership firm with its principal office at Cabin No. 5, 3rd Floor, 4873/1B, 24 Ansari Road, Daryaganj, New Delhi-110002 along with partners and/or employees and/ or affiliates and/ or agents and/ or representatives and/ or sub-contractors.
· The term " Platform " used in this document refers to the website (being www.findaround.in), mobile apps and / or any other services offered / to be offered by PNG.
· All intellectual property which is in relation to this Platform is owned by and vests in PNG
· Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and PNG and governs your use of the Platform's Service, superseding any prior agreements between you and PNG.
· This Platform is entitled to assign this Agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
· This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform
PNG is a business Service Provider that promotes information and exchanges among its Users.
Scope of service
This Platform provides its need fulfillment platform as a service to enable its Users to connect with each other or to connect with businesses in their city. This Platform enables the Users to find Service Provider/book services. Please keep in mind that local business listings, classified ads, property ads and other elements of service need fulfillment are posted not by this Platform, but members (Users & Service Provider)s of this Platform.
Membership Eligibility (User & Service Provider)
You confirm that you are of legal age i.e. 18 years to form a legally binding contract with PNG and are not a person barred, from availing the services offered by PNG under the laws as applicable in India.
PNG requires registration for those who participate in a variety of its services. When you authenticate your credentials i.e. email or mobile number or detail regarding the business/ profession for using the local service need platform and register as a member on this Platform, you accept the following terms and conditions:
· You agree to provide true, accurate, current and complete information.
· If, after investigation, PNG has reasonable grounds to suspect that any member's information is untrue, inaccurate, not current or incomplete, PNG may suspend or terminate that member's account and prohibit any and all current or future use of the PNG sites (or any portion thereof) by that member other than as expressly provided herein.
· Each member is wholly responsible for maintaining the confidentiality of account login and password information and for all activities occurring there under. PNG cannot and will not be liable for any loss or damage arising from a member's failure to comply with this section, including any loss or damage arising from any member's failure to: (1) immediately notify PNG of any unauthorised use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
· You hereby unconditionally authorize / approve PNG to reserve the right to publish any and all information provided as part of this Platform registration, except email address and password to authenticate the member, to facilitate social networking among its members.
In order to become a PNG member, you must first create a member account on this Platform by providing information about yourself including name, email or mobile number and your current city of residence. PNG may check for the validity of the email addresses or mobile numbers. You should ensure that you do not in any manner provide false and / or inconsistent and / or untrue information.
You will have the opportunity to provide additional information in the profile section describing your postal code, brief summary of yourself etc. Provision of this additional information beyond what is required at registration is entirely optional.
Recognizing you as a PNG member
For this Platform to recognize you as a registered member, you must login with your login email and password or alternatively use PNG services with your registered email or mobile number. At the time of login, you will have the option to instruct the site to remember you so when you come back the next time to use this Platform, you would not have to login with your email and password.
Should you chose the Platform to remember you; you accept that cookies shall be placed onto your server computers / device.
Internet communication protocol information
The communication standards of the Internet industry transmit the URL of the website from which you visit this Platform, the IP address of your computer, the IP address of your ISP, various attributes of your computer such as operating system, resolution and browser software, and the date and time of your various requests for pages on this Platform. PNG file logging system automatically logs all of this information in its log files for its analysis.
You are advised to change your login password at regular intervals. Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose. PNG shall neither be responsible nor liable for your non-compliance with the terms of password change.
Accessing and changing your account information
You can review the personal information you provided us and make any desired changes to the information, or to the settings for your account on this Platform, at any time by logging in to your account and editing the information on your profile page. You can also close your account through this Platform by sending your request to email@example.com with your login email address. Your request will be processed within 7 business days.
Your calls may be recorded to improve the service experience in the platform and for other business purposes. You hereby unconditionally authorize and / or approve PNG to record the calls made by you to PNG with respect to any services listed on this Platform. PNG at its discretion may delete such recording shall from its database within a period of twelve (12) months.
Further, by using PNG services and providing us your number, while registering for an account or receiving alerts or contacting an advertiser seller / buyer, you:
· Agree to receive a sales or service call from our employees / partner / alliances notwithstanding your registration for NDNC (National Do Not Call) registry.
· Give consent to PNG and its partners / vendors and sub-partners / sub-vendors to send alerts, contact details, SMS and calls related to User's action in our website to the mobile number entered by the User, irrespective of whether the same is on the NDNC list or any other such data base.
In case the User does not want to receive these messages on his / her mobile number, he / she shall not submit his / her mobile number with this Platform.
Accessing & transmitting the platform's content
· Any downloading of Content is unauthorised and / or prohibited.
· You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to modify shall be treated as hacking.
· You may not make any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.
· You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines.
· If any person/entity is found crawling PNG or the IT admin website for any commercial, business or other purposes, the same shall amount to offence and PNG shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.
· You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform.
Contributing content to this platform
While primarily being a local service need fulfillment platform, this Platform also provides a variety of forums for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photographs. PNG provides value to its contributors by making available to them its vast global audience reach.
The terms in this section apply to all the Content contributed to this Platform in any of its various services and forums and are as follows:
· You truthfully assert that the Content being contributed is your creation and that you own the copyright to the Content. Unless you have deliberately assigned the IPR including copyright to someone else, you automatically own the copyright to all of your original creations.
· PNG is not obliged to ensure that the Platform is available to all users at all times. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other users.
· You truthfully assert you have not infringed on anybody else's IPR including copyright in the creation of the articles
· We are not responsible and / or liable for any loss to any visitor to the site who may violate your IPR and / or distribute your IPR published Content without your permission.
· You grant us exclusive unlimited distribution rights including electronic and internet distribution rights, and non-exclusive, unlimited print publication and distribution rights either through this Platform or through any other media. This includes and is not limited to web publishing, syndication on other websites, syndication with print publishers, publishing as part of a collection of articles, publishing as a book, email, ftp, telnet and other Internet-based information transfer protocols.
· You may, however, publish the Content you contribute to this Platform, on your personal, non-commercial website if you possess one.
· In case the contributions are digital images of artwork in traditional media such as canvas, that is available for sale, you may also publish digital images of your artwork on commercial websites that sell art online, only for the purpose of sale.
· Once granted and your Content is published, the distribution rights cannot be revoked. In other words, once your contribution is published on this Platform, it automatically becomes a permanent part of this Platform's publicly-accessible archives. You may, however, subject to our approval, update or revise your contributions on this Platform.
· You will not receive any monetary compensation whatsoever for your submissions. The only in-kind compensation we promise a home for your expression on the web.
· You grant us the right to organise, categorise, collate your contributed Content and present it on this Platform in any manner we see fit. We may remove or edit your contribution at our discretion without having to secure your permission. We will however make reasonable efforts to inform you of the changes.
· We generally do not object to our contributors posting their contributions made to this Platform on other, freely accessible non-commercial internet locations, so long as this Platform is clearly cited as the original publisher, and a link to this Platform is provided. You, however, agree to secure our permission first before such re-publication on other internet sites happens.
· You agree to state this Platform as the previous publisher prominently in case you print your article in an offline magazine.
· While you are on the site and engaged in any form of communication on any of the forums, you agree NOT to host, display, upload, modify, publish, transmit, update or share any information:
· That is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, promotes violence, is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a PNG official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
· That forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted.
· That you do not have a right to make available, under any law or under contractual or fiduciary relationships (such as inside, proprietary or confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).
· That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You may, however, post excerpts of copyrighted material so long as they adhere to fair use guidelines.
· Upload or post or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation. Repeated postings of a promotional nature are considered abuse of the forums. Businesses or individuals wishing to advertise on This Platform should contact us at this address.
· That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
· That disrupt the normal flow of dialogue by repeatedly posting the same or similar material, or otherwise acting in a manner that negatively affects other Users' ability to engage in exchanges.
· That violates any applicable local, state, national or international law.
· "Stalk" or otherwise harass another User; collect or store personal data about other Users either manually or by means of automated software tools; promote illegal activities; inhibit other Users from using and enjoying the unedited forums.
· Post classifieds advertisements that contain untruthful representations, deceptive practices, inducements to commit any illegal activity.
Message / comment board
This Platform may contain message / comment boards, testimonials, or other message or communication facilities (collectively, "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
· Defame, abuse, harass, stalk, threaten, provoke (religiously, sexually or otherwise) or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Use of swear-words or profanity is strictly prohibited. We encourage a healthy exchange of opinions and disagreements.
· Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, profane, libellous, threatening, harassing, embarrassing or unlawful material or information;
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, conduct or forward surveys, contests, or chain letters;
· You will not post the Contents (in part or whole) of any email that you may receive from any PNG employee(s) and / or moderator. Should you post such Content, such an act would amount to an IPR infringement including infringement of our copyright.
· Download any file posted by another User of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
· Do not post messages more than once. This is also known as flooding. PNG reserves right to delete such posts and may terminate the accounts of such members
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other Users are not endorsed by PNG and such communications shall not be considered reviewed, screened, or approved by this Platform. PNG reserves the right for any reason to remove without notice any Contents of the Forums received from Users.
Using this Platform's services
This section covers the terms under which various this Platform services, including, but not limited to, link forwarding services, event information, and any information available on this Platform, are made available to you. You agree that:
· PNG may electronically block or otherwise deny access to the Platform, to any User deemed to be in violation of any of the terms in this document.
· PNG is not obliged to ensure that the Platform is available to all Users at all times. While we make all attempts to deny access only to those individuals who violate this Platform's regulations, we are occasionally forced to use access denial methods that cause a disruption in access for other Users.
· PNG is not responsible for a loss of access to this Platform's services due to failure of networks connected to the Internet, or any other temporary hardware or software failure.
· PNG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
· A possibility exists that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions and alterations could be made by third parties to the site. Although PNG attempts to ensure the integrity and the accuracy of this Platform, it makes no guarantees whatsoever as to its correctness or accuracy. In the event that such an inaccuracy arises, please inform this Platform by emailing firstname.lastname@example.org so that it can be corrected.
· This Platform may contain links to other websites operated by third parties ("linked sites"). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform's logo, advertisements and/or other Content selected by this Platform. You acknowledge that this Platform and its sponsors neither endorse nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed not approved these sites and is not responsible for the Contents or omissions of any linked site or any links contained in the linked sites.
Responsibility of Platform visitors
You acknowledge that:
· PNG has not reviewed, and cannot review, all of the material, including computer software, posted to the platform, and cannot therefore be responsible for that material's Content, use or effects. By operating this Platform, PNG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
· This Platform may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. This Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
PNG disclaims any responsibility for any harm resulting from the use by visitors of this Platform, or from any downloading by those visitors of Content posted. If you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team via the report abuse link or via email to email@example.com. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable / infringing material or disabling all links to the infringing material on the findaround.in domain. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PNG or others, PNG may, in its discretion, terminate or deny access to and use of the platform.
Using findaround.in's local service Need fulfillment Platform
Users of this service are responsible for all aspects of the transactions in which they choose to participate. This Platform requires a User to register before posting a service need requirement, a classified ad or uploading a variety of Content on the Platform. This Platform does not review or authenticate all listings, items, or services offered for sale. This Platform has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of Service Providers to sell items or the ability of Users to buy items. Therefore, Users of this service should be aware that:
· Service Providers and Users are completely responsible for working out the exchange and performance of services. PNG is not responsible for any non-performance or breach of any contract entered into between the Users and Service Providers. PNG cannot and does not guarantee that the concerned Service Provider will perform any transaction concluded on this Platform.
· Both User and Service Provider do hereby agree that PNG shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of these transactions.
· Service Providers and Users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to transactions in which they participate.
· Service Providers and Users are responsible for all applicable taxes and for all costs incurred by participating in the local service need fulfilment platform.
· PNG will not be liable for damages of any kind incurred to any parties as a result of the information contained on this Platform. Users shall not use or manipulate this service for any fraudulent activity or purpose. Items or services offered for sale must comply with applicable laws. PNG disclaims any and / or all responsibility and / or liability for any harm resulting from your use of third party services, and you hereby irrevocably waive any claim against PNG with respect to the Content or operation of any third party services.
· Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. These terms do not grant you the right to use any branding or logos used in our Services.
· User agrees that he / she / they, indemnify PNG, its employees, officers, agents and directors from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transactions or disputes.
· We do not control the information provided by other Users that is made available through our system. Users may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense for your own safety. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
· It is confirmed and acknowledged by the User that, all/any information provided by the User, including name, age, contact details and other details to this Platform are accurate and can be used and forwarded by this Platform to Service Provider(s). Any such act, committed by PNG shall not constitute a violation of privacy or other rights of the User.
· At no time shall this Platform have any obligations or liabilities in respect of all/any transaction entered into between the User and Service Provider. PNG is not responsible for unsatisfactory or delayed performance of services or damages, if any incurred during service.
· PNG does not make any kind of warranties or representation on delivery, service, quality, suitability and availability of services on this Platform.
· PNG shall not be responsible for any loss or damage whatsoever that may be suffered or any personal injury that may be suffered to a User, directly or indirectly by use or non-use of services mentioned on this Platform.
· Prices mentioned (if any) on this Platform are subject to change. Users are advised to check with Service Provider for the final price and additional charges applicable, if any. Users does hereby agree to absolve PNG from all/any dispute in relation to price of services.
You hereby approve and / or authorise PNG to take such measures as are necessary for security purposes and / or improving the quality of services and / or to enhance and provide better Service Provider services to the satisfaction of the User. The User hereby disclaims his right to prevent and/ or proceed against PNG in relation to the same.
Payment of transaction amount can be done online if Users choose to do so. The User can:
· Pay 100% through the Platform before the service.
· Pay the vendor directly after service.
The User and the service provider agree that:
· This Platform allows for payment for any transaction between User and Service Provider through the payment gateway which shall be processed through a Nodal Account maintained as per RBI guidelines ["payment facility"].
· By providing the payment facility on this Platform, PNG is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction.
· All payments made against services on this Platform by service provider shall be compulsorily in Indian Rupees acceptable in the Republic of India. This Platform will not facilitate transaction with respect to any other form of currency with respect to the transactions made on this Platform.
· The payment facility provided by this Platform is neither a banking service or a financial service or a NBFC. PNG shall merely act as a facilitator for providing an electronic, automated online payment, collection and remittance facility for the transactions conducted by this Platform using the existing authorized banking infrastructure and credit and / or debit card payment gateway networks.
· All transactions on this Platform are on a principal to principal bipartite contractual obligations between the service provider and User. PNG is not / does not hold out itself as an agent /employee of any service provider or User or any other individual or entity availing the facilities of this Platform.
· Use of the payment facility shall not render PNG liable or responsible for any damage, non-delivery, non-receipt, non-payment, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the services listed on this Platform.
· PNG will not be liable or responsible for any damages or claims arising out of non- processing of any transaction or any delay in processing a transaction, which is beyond the control of PNG.
· While accessing the payment facility of this Platform, the service provider consents to supply all such information including but not limited to his name, email address, home address, telephone number, credit or debit card number, CVV number, expiry date of such card (as and when required), as is necessary for successful completion of the payment for the transaction between the service provider and the User. PNG reserves the right to store all such information in such manner as it deems fit including storage on cloud service or third party environment.
· The service provider and the User consent that the information provided by them may be passed on to the banks as and when necessary for processing the payment done through the payment facility.
· The service provider warrants that all information supplied by members of them or their business and / or household in using the Services, including without limitation his name, email address, home address, telephone number, Bank account details (Account Number, name, Account type, IFSC code etc. as and when required), is true and accurate. The service provider absolves PNG of financial or other liabilities, if any due to misstatement or errors in the data shared by him/her/them. Both User and Service Provider agree that PNG, its affiliates and related entities shall not be liable and will be held harmless and indemnified against any claims / damages arising out of the transaction between the User and the service provider.
· PNG will not be responsible for any loss or damage arising directly or indirectly to the service provider or the User due to any payment issues arising out of the transaction including but not limited to invalidity of the credit or the debit card, expiry of such card, lack of authorization for any transaction/s, insufficient money in the account of the service provider, exceeding the limit of transaction (a) mutually agreed between the Service Provider and the User or (b) imposed by this Platform
· PNG reserves the right to impose limits on the number of transaction done by the User.
· PNG reserves the right to refuse to process transactions by service providers with a prior history of questionable charges including without limitation breach of any agreements by service provider with PNG or breach / violation of any law or any charges imposed by the Issuing Bank or breach of any policy.
· PNG issues cash receipts to its service providers who pays the subscription money in cash. It may be in the physical form or through an SMS or email in the electronic mode. All the service providers of PNG should insist for a duly filled in cash receipt against the payment made in cash and any dispute relating to cash payment will only be accepted, against production of the said cash receipt.
By using this service, you agree to abide by the following terms and conditions:
· PNG may, from time to time, release new tools and resources, revise methodology of calculating the Score and or introduce other services and/or features for the Platform.
You hereby agree to indemnify, defend and hold harmless PNG, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
· Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of PNG.
PNG reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. PNG reserves the right of removing the profiles of people/ entities who register with bogus addresses, telephone, and fax information. PNG reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
As a Service Provider, you agree that Users may comment on their experiences with you in the feedback and reviews section of PNG and you release PNG and its Users from any liability for any comments.
As a Service Provider, by signing in this Platform you hereby unconditionally consents to receive calls / SMS's from PNG in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. PNG further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider ( Service Provider) on the Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You hereby agree that, at no time shall PNG have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. PNG shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. PNG is only a platform that communicates the inputs of the User to the Service Provider.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PNG and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
In no event shall PNG be liable to both User and Service Provider on account of booking, use, misuse or reliance on the platform: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from PNG, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the Service, even if PNG, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. PNG does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the platform.
PNG (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. PNG shall have no responsibility to provide you access to this Platform while interruption of this Platform is due to any such cause shall continue.
These terms are in addition to and must be read in consonance with the terms mentioned above under the head 'Accessing & transmitting Platform's Content'
Private communication, including email correspondence, is not regulated by this Platform. PNG encourages its Users to be professional, courteous and respectful when communicating by email. However, PNG will investigate and can take action on certain types of unwanted emails that violate this Platform's policies.
Communications may be intercepted for security purposes including but not restricted national interest.
You should be vary of any phishing filter, spam mails, email soliciting, and exchange of money for inheritance or cross-border access of funds.
Threats of bodily harm - this Platform does not permit Users to send explicit threats of bodily harm.
· Misuse of PNG System - This Platform allows Users to facilitate transactions through the PNG system, but will investigate any misuse of this service.
· Spoof (Fake) email - this Platform will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.
· Spam (Unsolicited Commercial email) - This Platform's spam policy applies only to unsolicited commercial messages sent by its Users. This Platform Users are not allowed to send spam messages to other Users.
· Offers to buy or sell outside of this Platform - This Platform prohibits email offers to buy or sell listed products outside of the platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
· This Platform's policy prohibits User-to-User threats of physical harm via any method including, phone, email and on our public message boards.
Violations of this policy may result in a range of actions, including:
· Limits on account privileges
· Account suspension
· Cancellation of listings
· Loss of special status
No person shall subject the directors, employees, affiliates, agents, representatives or subcontractors of PNG to any physical harassment, intimidation, threats, coercion, confinement or use of criminal force, during the course of their business or in connection with the business. Any such act would lead to an automatic cancellation of any current and/or pending transaction being done by such person through this Platform. . This shall be in addition to and without prejudice to all our further remedies at law.
Limitation of liability
In no event shall PNG, be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
· The use or the inability to use our services or access Content;
· The cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform;
· The unauthorised access to or alterations of your transmissions or data;
· Statements or conduct of any third party on the service;
· Any other matter relating to the service, even if PNG, has been advised of the possibility of damages.
Although this Platform is accessible worldwide, not all products or services discussed or referenced on this Platform are available to all persons or in all geographic locations or jurisdictions.
Unless otherwise specified, the material on this Platform is presented solely for the purpose of sale in India. This Platform makes no representation that materials on this Platform are appropriate or available for use in other locations/countries other than India. PNG reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on this Platform is void where prohibited.
In addition, PNG makes no representation that materials on this Platform are appropriate or available for use in locations outside India; therefore, accessing those materials from territories where they are illegal is prohibited. Those who choose to access this Platform from locations outside India do so on their own initiative and are responsible for compliance with local laws.
PNG, reserves the right to discontinue in whole or in part any portion of this Platform services or programs with or without notice.
· All rights to the Platform material not expressly granted herein are reserved.
· Third party merchants and advertisers: You acknowledge that PNG does not control the performance of merchants or advertisers that appear on this Platform. Therefore, if you choose to purchase a product or service, you release us from any and all claims you may have regarding the third party's failure to deliver or perform.
By submitting this form, you authorise PNG to contact you at the telephone number or email provided for this inquiry, even if you have previously registered on a Do Not Dial registry or requested PNG or its agents to not send marketing or other information by phone or email. You agree we may use an auto-dialler to reach you. You understand that you are required to consent to receiving autodialled calls / messages / texts as a condition of procuring or using any this Platform products or services. You authorise and request this Platform to send you relevant and responsive ads and business listings that appear on the site to match your search and need.
The User / Service Provider by signing in this Platform hereby unconditionally consents to receive calls / SMS's from PNG in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. PNG further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit member referrals on terms that may differ from those contained in this Agreement. You have independently evaluated the desirability of participating on this Platform or its programs and are not relying on any representation, guarantee or statements other than as set forth in this Agreement.
Please read the following Terms and Conditions which are applicable to your use of this Platform.
· PNG has no involvement in the actual transaction between User and Service Provider. This Platform does not have any control over the quality, safety, or legality of items advertised, the truth or accuracy of the listings, the ability of Service Providers to actually sell items they list, or the ability of Users to actually buy items. Please remember that there are risks in dealing with people you do not know, and that this Platform has no control over such risks.
· All transactions on this Platform are on principal to principal bipartite contractual obligations between the Service Provider and User. PNG is not / does not hold out itself as an agent / employee of any Service Provider or User or any other individual or entity availing the facilities of PNG. PNG is merely a facilitator and does not act as a part to the transaction.
· Service Provider shall indemnify PNG, its agents, employees, directors, officers and affiliates from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with listings, completed or incomplete transactions, or services offered or actually delivered.
· You must be at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all Terms & Conditions herein. If you are using the Service, you further warrant that you have legal authority to enter into other agreements for performance of services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You also warrant that all information supplied by you or members of your business and / or household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number (when required), and if you are selling goods, all information about your listed goods, is true and accurate.
· You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item.
· You shall not collect personal data and other information for commercial or unlawful purposes.
· As a Service Provider, you agree to list your items in the right category and to accurately describe the items you are selling.
· It is your responsibility to determine whether the purchase or sale of any listed item is authorised by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the this Platform - firearms, explosives, and ammunition; alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and is still in its original container and it is legal to deliver into the jurisdiction where the User lives); tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party rights, including copyright, patent, trademark, and rights of publicity and privacy; goods that are, in this Platform's discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the services, would cause this Platform to violate any law, statute or regulation.
· PNG reserves the right to cancel any listing at any time, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause. This Platform reserves the right of removing the profiles of people who register with bogus addresses, telephone, and fax information. PNG reserves the right of removing the web mail of people who get involved in using web mail for Nigerian frauds.
· The Service Provider agrees and acknowledges that the information provided by him regarding his services is true and correct. Such information cannot be changed except with the prior intimation to and consent of PNG.
· As a Service Provider on this Platform you agree that Users may comment on their experiences with you in the feedback and reviews section of this Platform and you release this Platform and its Users from any liability for any comments.
· PNG may provide Service Providers with a Business Virtual Number ("BVN"). BVN shall be governed by the same terms and conditions as are provided for a UVN. The Service Provider authorises that the calls made in relation to any / all transactions using the platform may be recorded for training and quality purposes including dispute resolution, service assurance, betterment of PNG's services, security purposes and other business purposes of PNG. The Service Provider disclaims and / or abandons any right to sue in relation to the same.
· The User / Service Provider by signing on this Platform hereby unconditionally consents to receive calls / SMS' from this Platform in accordance with the 'Do not disturb' guidelines of Telecom Regulatory Authority of India (TRAI) or such other authority in India and abroad. PNG further reserves the right to send emails and SMS's related to any order / communication by the User / Service Provider on this Platform and the User / Service Provider agrees that the same will not tantamount to spam.
· Both User and Service Provider hereby agrees that, at no time shall this Platform have any obligations or liabilities in respect of any/all transaction(s) entered between the User and Service Provider. PNG shall not responsible or liable for cancellations of bookings received from any User. It is the responsibility of the Service Provider to verify the details provided by the User during booking. This Platform is only a platform that communicates the inputs of the User to the Service Provider.
· 16. PNG shall not responsible for any discrepancy in the details provided by the Service Provider such as bank details and proofs. The Service Provider accepts the entire responsibility of ensuring the correctness of the details provided. PNG will process the payments according to the information provided and will not be liable for any loss incurred by the Service Provider due to incorrect details. Both User and Service Provider do hereby agree to indemnify and hold PNG and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the terms.
· In no event shall PNG be liable to both User and Service Provider on account of booking, use, misuse or reliance on the portal: for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from [a] the use or the inability to use our services or access Content, [b] the cost of procurement of substitute goods and services resulting from transactions entered into through or from this Platform, [c] the unauthorized access to or alterations of your transmissions or data, [d] statements or conduct of any third party on the service, or [e] any other matter relating to the service, even if this Platform, has been advised of the possibility of damages arising out of or connected with the use (or inability to use) or performance of the portal, reliance upon or performance of any material contained in or accessed from any portal. PNG does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on the portal or other material accessible from the portal.
Your password should be a combination of alphabets and at least one number and a special character. You are solely responsible for actions taken under your password, and should not disclose it to anyone else. You cannot use your password for any unauthorised purpose.
You agree to comply with all applicable laws, statutes, ordinances and regulations concerning your participation in this Platform.
You agree not to make use of anyone else's information concerning this Platform's market places other than as necessary to participate on this Platform and to complete any transactions in which you are involved.
You agree that PNG, in its sole discretion, may terminate any use of the Service / delete the listing immediately and without any prior notice.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between PNG and any User / Service Provider of the Platform.
If at any point of time PNG finds that the information provided by you in your registration or web mail is false, PNG reserves the right to terminate your account.
A booking fee excluding other applicable taxes may be collected by PNG for the transactions booked through the Platform. If at any time, the Users are not satisfied with the quality of the Service Provider, User may call Service provider care toll free number of this Platform wherein the complaint will be noted for review. PNG holds the authority to decide if the booking fee should be refund for this compliant. Further, User will not have any right to claim or allege anything against PNG in respect of services provided/money collected by the Service Provider from the User beyond the booking fee amount.
In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of PNG, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies at law
User shall directly contact PNG for processing any requests pertaining to cancellation of bookings.
On receiving cancellation request, the refund shall be governed by the Refund terms mentioned in the Agreement. The cancellation request should be raised before a minimum of 24 hours before the scheduled time for performance of service. For any requests that are not raised before 24 hours, the booking fee is non-refundable.
o In case of any rejected and/or non-activated campaigns , PNG will make best effort to process the refund within a period of 45 days from date of payment clearance.
o For activated campaigns, refund will be processed after deducting the following:
- Refund amount is derived after deducting 10% of the Net Cleared Amount towards activation charges, post deduction of served value (tenure/leads/Responses & Gift vouchers Delivered), if any.
- Net Cleared amount refers to balance available against the Campaign after deduction of GST /other applicable taxes ..
o For all other circumstances, PNG will process the refund within 45 days from the date of refund confirmation given by Customer Service team of PNG to Service partner.
o a. All refunds will be processed only upon on the Service Providers' request and after validation by the Service Provider support team.
o b. If the refund request is raised within 365 days from the date of payment clearance, 50% of the value of the transaction shall be retained towards processing fee and remaining amount shall be refunded. However, if the refund request is made after 365 days from the date of payment, no refund whatsoever shall be granted irrespective of the status of the campaign.
All refunds, wherein the refund requests are raised within six months from the date of payment, will be processed through cheque except for payment made via cards or net banking, in such cases, refund will be processed to the Service Providers' card account / bank account.
In any case should you in any manner wrongfully or illegally detain any director, employee, affiliate, agent, representative or subcontractor of PNG, we shall be constrained to take all such actions including cancellation of the refund process. Any refund will stand forfeited without any further reference to you. This shall be in addition to and without prejudice to all our further remedies of law
If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
The arbitration shall be conducted by a sole arbitrator, appointed by PNG. The place of arbitration shall be in Chennai, India and it shall be conducted in English.
The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Chennai shall have exclusive jurisdiction in relation to any dispute arising between the User and the Service Provider with PNG.
The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one (1) year. Any claim or cause of action which may arise or is filed after a period of one year from the date of transaction shall not be entertained and shall be barred.
any person submitting any data or information to PNG Webservices
(Hereinafter for the sake of brevity referred to as 'PNG', findaround.in).
The term "Platform" used in this document refers to the website (being www.findaround.in), mobile apps and / or any other services offered / to be offered by PNG.
Use of information by PNG
PNG is one of India's largest digital Businesses and consumer brands that has transformed local services ecosystem through a powerful need fulfillment and monetisation Platform. Your user identity information will be kept confidential and will be used for our research, marketing, and strategic client analysis objectives and other internal business purposes only.
We do not sell or rent personal information except that in case you are a user of our need fulfillment services, your personal information shall be shared with PNG's customers / advertisers / need providers and you shall be deemed to have given consent to the same.
As is common in the industry, PNG uses the technology of cookies and site log files to monitor user registration, to recognise registered members when they revisit the site and to track site usage. Our ability to identify you as a registered member allows us to customise the PNG experience and to protect your personal information based on your account settings.
Further, PNG's customers / advertisers / need providers who are listed with us, may call you, based on the query or enquiry that you make with us, enquiring about any:
· Need provider / product / service
· Product / service of any customer / advertiser / need provider
· Product / Service of any particular customer / advertiser / need provider
PNG takes your privacy very seriously. However, there may be times when we need to disclose your personal information to third parties.
PNG reserves the right to share recordings of all phone calls made between: [a] any user and PNG; [b] any service provider and PNG; [c] any user and service provider of PNG through UVN, to legal, accounting or other advisors that provide professional services and / or who assists us in training, quality monitoring and quality enhancement of our services to the user and / or service providers. You hereby grant your irrevocable consent to PNG to share such call recordings to third parties for such purposes. You further disclaim and / or abandon any right to sue PNG in relation to the same. Such third parties shall be bound by strict confidentiality agreements which limit their use of such information.
The third parties with which PNG shares your personal information shall be bound by strict confidentiality agreements which limit their use of such information. In addition, PNG may share your information to send direct mailers or complimentary coupons / offers to a mailing agency to process postal mailing. Again, such an agency would be bound by strict confidentiality agreements that limit their use of such information
Provision of aggregate demographic information to third parties:
PNG reserves the right to provide aggregate demographic information of its member base to advertisers and others so as to attract pertinent advertisers to advertise on PNG. We do not shared personal information of individual users with advertisers.
It is possible that we may need to disclose personal information when required by law. We will disclose such information wherein we have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on our company or to exercise our legal rights or defend against legal claims.
Policy on abuse on PNG
PNG is committed to ensuring and enforcing a safe and friendly online community space for all our members. To this effect, we have come up with a policy on abuse that we would like all our members to be aware of. These rules govern the use of this Platform and its product / service offerings and we would like all our members to cooperate in complying with these rules so that everyone can have a pleasant experience.
Advertising and spamming:
· Commercial messages or promotional messages from businesses or Organisations are not permitted on the network. PNG.com provides a Platform for its members to express themselves in the form of articles, columns, opinions, comments, reviews, art and photos but the website must not be used as a medium for marketing or selling to our members.
· No advertising or promotion is allowed except where it is for an event, publication or similar item that has direct relevance to the subject of discussion and is non-commercial in nature. Information about locating and sharing knowledge and expertise is welcomed, but must have relevance to the topic on which an opinion is expressed or a discussion is initiated.
· Do not post chain letters, promote pyramid schemes or recruit members for any network marketing or multilevel marketing businesses.
· Do not recruit members to join another website forum or chat group, whether personal or otherwise. if you have a suggestion for a new forum, please contact us or send your queries to member relations.
· findaround.in encourages healthy discussion on the topics that members contribute to in forums and where relevant, members are allowed to post links to their content. However, overt promotion of, or inappropriate links to other known commercial websites on any forum are not permitted and will be removed. If you are unsure whether a link or a posting is allowed, please send your queries to member relations. The definition of an appropriate link is one that is relevant to both the posting and the forum topic. A commercial site is considered as one which promotes a product or service for a price or for other consideration that suggests it is a for-profit business.
Uploading copies of copyrighted material as a whole or in part on findaround.in without explicit permission from the copyright owner shall be deemed to infringe on the copyright and this applies to materials such as text, images, music, movies, games, and other software in digital and analog format. findaround.in reserves the right to immediately delete such material without prior permission / consultation from the member. If you suspect that an image submitted to findaround.in is copyright protected and has been used fraudulently, please contact us immediately or send us an email to member relations.
The Platform is always reaching out to a wider audience by showcasing the best of our member contributions. However, in doing so, we will not allow to be uploaded anything on the site that we think could be potentially endangering or is inflammatory or embarrassing to our members. It also helps members to be aware of certain things in the interest of their safety.
· All members are responsible for the safety of their personal information. We recommend that members do not disclose their names, addresses, email addresses, telephone numbers or other personal information online.
· All members need to be aware that when they upload their photos on the Platform, the photos are not only visible to the entire internet community but can also be downloaded, since any image that can be displayed on a computer screen can be saved by the person viewing it. It is technically not possible to prevent this and hence PNG cannot be held liable in such cases. If you are worried about someone else viewing or saving your images then please do not submit them.
· Do not post chain letters, promote pyramid schemes or recruit members for any network marketing or multilevel marketing businesses.
· Do not recruit members to join another website forum or chat group, whether personal or otherwise. If you have a suggestion for a new forum, please contact us or send your queries to member relations.
· PNG encourages healthy discussion on the topics that members contribute to in forums and where relevant, members are allowed to post links to their content. However, overt promotion of, or inappropriate links to other known commercial websites on any forum are not permitted and will be removed. If you are unsure whether a link or a posting is allowed, please send your queries to member relations. The definition of an appropriate link is one that is relevant to both the posting and the forum topic. A commercial site is considered as one which promotes a product or service for a price or for other consideration that suggests it is a for-profit business.
· All members are reminded that they may be held legally accountable for what they say or do online. In particular, members may be held liable for any defamatory comments, threats and / or untrue statements or other illegal and fraudulent claims made by them.
· PNG does not endorse the opinions expressed by its members.
· If any member fails to observe the above rules of conduct at any time, PNG reserves the right to terminate the membership of the member and / or delete all their contributions (either temporarily or permanently) from the site, depending on the nature and severity of the breach and without prior warning or consent of the member.
· Registration as a member of this Platform at any time past or present and use of the Platform and all its product / service offerings will be taken as acceptance of the above rules of conduct. PNG's decision on all matters is final and binding on its members. Legal jurisdiction for all disputes is the High Court of Chennai, India.
· The Platform endeavours to foster a vibrant local service need platform that serves millions of users and businesses. We are here to serve our members 24x7 and use all feedback to refine and improve the online experience for our members. You can reach TEAM PNG anytime by writing to png@ findaround.in and we will respond to you in a timely manner. We hope you have an enjoyable and rewarding experience on the Platform.
In keeping with the provisions prescribed in the Information Technology Act 2000 and Rules made there under and as amended from time to time, the name and contact details of the Grievance Officer are provided below:
The Grievance Officer,
Cabin No. 5, 3rd Floor, 24 Ansari Road
Daryaganj, New Delhi-110002
Intellectual property rights infringement claims
PNG Webservices ('PNG') respects the Intellectual Property Rights, including but not limited to patent, copyright, design, trademark, service mark, trade names, data and media (images, illustrations, audio clips, and video clips, among others) ("IP") of others, and prohibits users from uploading, posting, distributing or otherwise transmitting any materials on the Platform, or engaging in any activities on the Platform, which violate the copyrights of others.
Any and all IP that in any manner forms part of and / or belongs to and / or associated with the Platform, shall vest in and exclusively belong to PNG. All other IP on this Platform belongs to their respective owners.
IP on this Platform is solely for your personal and non-commercial use. Any use of the IP for which you receive any remuneration, whether in money or otherwise would be considered to be a commercial use. Further, use of IP in any manner without the prior consent of the respective owner or PNG is prohibited and the same would be considered to be a violation of the Intellectual Property Rights of PNG or of the respective owner. Such violation can lead to termination of your account on this Platform. PNG further reserve its right to take appropriate legal actions against such violation of its IP rights.
Pursuant to Rule 75(1) of the Copyright Rules, 2013 and other applicable enactments /amendments thereto, inorder to report any material / work on the Platform that violates the copyrights of others, you must send PNG a written communication that includes substantially the following:
· The description of the work with the adequate information to identify the work
· Details establishing that the complainant is the owner or exclusive licensee of copyright in the work.
· Details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under section 52 or any other act that is permitted under the Copyright Act 1957.
· Details of the location where transient or incidental storage of the work is taking place.
· Details of the person, if known, who is responsible for uploading the work infringing the copyright the copyright of the complaint.
· Undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice.
Insofar as any of these notices are concerned, the final determination of the same shall vest in PNG.
PNG's copyright administrator:
The foregoing written communications (i.e., the above-described takedown notice) must be sent to the following agent of PNG:
Cabin No. 5, 3rd Floor, 24 Ansari Road
Daryaganj, New Delhi-110002
PNG suggests that you consult with your Advocate before you file any of the foregoing written communications (i.e., the above-described takedown notices, and the above described counter-notice). Any person who knowingly materially misrepresents that material found on the Platform is infringing, or that material was removed from the Platform by mistake or misidentification, may expose himself / herself to liability.
PNG understands that not everyone is a copyright expert, and that accidents can happen. However, PNG has zero tolerance for wilful and repeat copyright infringers. Therefore, pursuant to a complaint, if PNG determines in its sole discretion that you have wilfully violated the copyrights of others or that you have repeatedly violated the copyrights of others despite prior warning(s), PNG will cancel your account and prohibit you from further accessing and using the Platform. By accessing or using the Platform, you automatically acknowledge and agree that PNG has the right to cancel your account and prohibit you from further accessing and using the Platform, and your continuing access or use of the Platform reaffirms your acknowledgment and agreement in each instance.