Terms and Conditions | Pine Labs

Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM.

The domain name www.pinelabs.com, an internet based portal, is owned and operated by Pine Labs Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as "Pine Labs" or "We" or "Our" or "Us" or "Company"). The domain name is referred to as the "Website".

Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use"), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as "You" or "Your" or the "User") on one part and Pine Labs on the other part.

By accessing, browsing or in any way transacting on the Website, or availing any Services on the website as provided by Pine Labs and its affiliates, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, which also governs Your visit to the Website, to understand Our practices, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

The Website is a platform that facilitates technology-enabled payment processing and marketing solution services(herein after referred to as the "Services"). Pine Labs and its affiliates attempt to be as accurate as possible. Pine Labs does not provide links to other sites over which Pine Labs has no control. Pine Labs is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

By using Pine Labs's Services you agree to the following disclaimers:

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PINE LABS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("PINE LABS PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PINE LABS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE PINE LABS PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINE LABS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY PINE LABS, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINE LABS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PINE LABS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PINE LABS 'S REASONABLE CONTROL. IN NO EVENT SHALL THE PINE LABS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

The Services would be made available to such natural persons who have agreed to use the Website. To the full extent permissible by applicable law, Pine Labs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Pine Labs does not warrant that this site, its servers, or email sent from Pine Labs are free of viruses or other harmful components. Pine labs will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.

By visiting pinelabs.com, you agree that the laws of India, without regard to principles of conflict of laws, will govern the conditions of use and any dispute of any sort that might arise between You and Pine Labs or its affiliates.

As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Pine Labs that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, solely contains content provided by Pine Labs including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, "Content"). The Content is the property of Pine Labs and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Eligibility

For the purposes of availing the Services through the Website, Pine Labs may collect the following personal information from You:

  • (i) Name
  • (ii) User ID
  • (iii) Email address
  • (iv) Address (including country and ZIP/ postal code)
  • (v) Gender
  • (vi) Age
  • (vii) Phone number
  • (viii) Password chosen by the User
  • (ix) Valid financial account information
  • (x) Other details as You may volunteer.

The use/ access of the Website is only available to natural persons, other than those who are 'incompetent to contract' under the contract Act of the relevant jurisdictions. That is, persons including minors, un-discharged insolvents etc. are not eligible to use/ access the Website. By accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to Pine Labs that you are 'competent to contract' under the contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Pine Labs for the technical administration of the Website, research and development and for User administration. In the course of optimizing services to You, Pine Labs may allow authorized third parties to place or recognize a unique cookie on the Your browser. Pine Labs does not store personally identifiable information in the cookies.

Pine Labs, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website, at any time while Pine Labs investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

Services

Through the Website, Pine Labs facilitates the technology-enabled payment processing and marketing solution services. You understand and agree that Pine Labs and the Website merely provide hosting services to You and persons browsing / visiting the Website.

Representation as to legal title

Pine Labs does not make any representation or warranty as to the use of the Services offered on the Website. At no time shall any right, title, claim or interest in the Services provided through or displayed on the Website vest with Pine labs nor shall Pine Labs have any obligations or liabilities in respect of any transactions on the Website.

You agree and acknowledge that pine Labs shall not be responsible for any claim/ liability/ damages that may arise while transacting and/or procuring Services that have been offered on the Website.

Your License

If you submit material, and unless we indicate otherwise, you grant Pine Labs and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pine Labs and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pine Labs or its affiliates for all claims arising from content you supply. Pine Labs has the right but not the obligation to monitor and edit or remove any activity or content. Pine Labs takes no responsibility and assumes no liability for any content submitted by you or any third party.

Use of the Website

As part of the Services, Pine Labs provides Content on the Website targeted at general public for informational purposes only and does not constitute professional advice or recommendations of any kind. Pine Labs and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Website. Pine Labs makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by Pine Labs employees/representatives. Pine Labs is not responsible for transmission errors, corruption of data.

The Website may not be used for illegal purposes. The information provided on the Website and Services may not be used for any illegal purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organisation's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. You may not use any automated means (such as a scraper) to access the Website, the information, or Services for any purpose. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

Pine Labs may, at its sole discretion, suspend User's ability to use or access the Website at any time while Pine Labs investigates complaints or alleged violations of these Terms of Use, or for any other reason.

Copyright

All content included on this Website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of Pine Labs or its suppliers and is protected by Indian copyright laws. The compilation of all products on this site is the exclusive property of Pine Labs and protected by Indian copyright laws. All products used on this site are the property of Pine Labs or its suppliers and is protected by Indian copyright laws.

Trademarks

Pine Labs, the Pine Labs logo, and other marks indicated on our Website are trademarks of Pine Labs or its affiliates. Other Pine Labs graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of Pine Labs or its affiliates. Pine Labs' and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Pine Labs' or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Pine Labs or its affiliates. All other trademarks not owned by Pine Labs or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pine Labs or its affiliates.

Your license

If you submit material, and unless we indicate otherwise, you grant Pine Labs and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pine Labs and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pine Labs or its affiliates for all claims arising from content you supply. Pine Labs has the right but not the obligation to monitor and edit or remove any activity or content. Pine Labs takes no responsibility and assumes no liability for any content submitted by you or any third party.

Copyright Complaints

Pine Labs and its affiliates, respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our 'Notice and procedure for making claims of copyright infringement' (mentioned below).

Notice and procedure for making claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pine Labs' copyright agent the written information specified on the Website. Please note that this procedure is exclusively for notifying Pine Labs and its affiliates, that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A specific description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Other Terms

The use of the Website involves every Users' registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Pine Labs from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The Users are responsible for maintaining the confidentiality of the Users' account access information and password. The Users shall be responsible for all uses of the Users' account and password, whether or not authorized by the Users. The Users shall immediately notify Pine Labs of any actual or suspected unauthorized use of the Users' account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pine Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pine Labs shall have the right to suspend or terminate such account at its sole discretion.

Pine Labs may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. Pine Labs shall ensure the same level of data protection that is adhered to by Pine Labs as provided for under applicable law, only if such transfer is necessary for the performance of the lawful contract between Pine Labs or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us You further consent to receive emails and messages (SMS) notifications and information at any time from Us.

Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Pine Labs is in no way responsible for any of the taxes except for its own income tax.

The subscription fees for the Services, if any charged by Pine Labs, could be paid online through the facility made on the Website. Pine Labs is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Pine Labs.

Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

  • (i) belongs to another person and to which the such User does not have any right;
  • (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • (iii) infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
  • (iv) violates any law for the time being in force;
  • (v) impersonates another person;
  • (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • (vii) is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
  • (viii) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

  • (i) violating or attempting to violate the integrity or security of the Website or any Content;
  • (ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Pine Labs;
  • (iii) intentionally submitting on the Website any incomplete, false or inaccurate information;
  • (iv) making any unsolicited communications to other Users;
  • (v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  • (vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • (vii) copying or duplicating in any manner any of the Content or other information available from the Website; and
  • (viii) framing or hotlinking or deeplinking any Content.

Pine Labs, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person/User in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. Pine Labs shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, Pine Labs has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

Liability

  • (i) Pine Labs shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by such Users as a result of any disclosures made by Pine Labs, where Users have consented to the making of such disclosures by Pine Labs. If the Users had revoked such consent under the terms of the Privacy Policy, then Pine Labs shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Pine Labs prior to its actual receipt of such revocation.
  • (ii) The Users shall not hold Pine Labs responsible or liable in any way for any disclosures by Pine Labs under applicable law.
  • (iii) The Services provided by Pine Labs or any of its licensors or providers are provided 'as is', as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Pine Labs does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Pine Labs, to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the User' use or reliance upon the Website, the Services, the Content or any loss arising out of the manner in which the Services have been rendered.
  • (iv) Users accept and acknowledge that Pine Labs does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the Services made available on its Website,
  • (v) The Users further accept and acknowledge that Pine Labs does not verify any content or information provided by either the Users or obtained from the Users and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the User' use or reliance upon the Website, the Services, the Content.
  • (vi) Pine Labs assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users' equipment on account of the Users' access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the User is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
  • (vii) To the maximum extent permitted by applicable law(s), Pine Labs, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees ("Protected Entities"), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
  • (viii) The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Users by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
  • (ix) In no event shall the total aggregate liability of the Protected Entities to any User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Pine Labs accepts no liability for any errors or omissions on behalf of the Users.

Indemnity

You agree to indemnify, defend, and hold harmless the Pine Labs Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or Website; (iii) your access to and use of the Services and the Website; (iv) your violation of any rights of another party; or (v) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Modification of Website

Pine Labs reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Users agree that Pine Labs will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

Pine Labs reserves the right to change or modify these Terms of Use or any policy or guideline, policies or conditions of use of the Website including the Privacy Policy, at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You are not liable to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

Intellectual property rights

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the other parties shall remain the exclusive property of the Company. The Users agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Compliance of Applicable Law

While communicating/ transacting with each other through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Contract Act, 1872, Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), Consumer Protection Act, 1986, etc. as prevalent in India , The Malaysian Personal Data Protection Act 2010 and the applicable laws of the United Arab Emirates (UAE) as well as all other laws as applicable in the relevant jurisdictions for the time being in force, and ensure due payment of applicable taxes ("Applicable Laws").

The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to Pine Labs, as a result of use of the Website or the Services provided on the Website by the users.

Termination

(Parties for the Purpose of these Terms of Use shall collectively mean the Users and Pine Labs)

The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

  • (i) In case of Users wanting to terminate these Terms of Use, Other Parties may do so by:
    • (a) not accessing the Website; or
    • (b) closing their accounts for all of the Services that they use.
  • (ii) Pine Labs reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users, if there is:
    • (a) breach any of applicable law(s), including but not limited to the Applicable Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Users from time to time (or have acted in a manner that clearly shows that the User(s) do not intend to, or are unable to, comply with the same); or
    • (b) Pine Labs is unable to verify or authenticate any information provided to Pine Labs by User(s); or
    • (c) Pine Labs believes, in its sole discretion, that User(s) actions may cause legal liability for Pine Labs (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
    • (d) Pine Labs is required to do so by law; or
    • (e) if User(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Pine Labs to provide the Services to the User(s); or
    • (f) Pine Labs has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof);
    • (g) Pine Labs may also terminate or suspend (temporarily or permanently) all or a portion of User(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of User(s) account may include:
      • (a) removal of access to all offerings within the Website or with respect to the Services; and
      • (b) barring User(s) from further use or access of the Website or of any of the Services.
    • (h) Once terminated or suspended (temporarily or permanently), User(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
    • (i) Upon termination of these Terms of Use, Pine Labs shall have no obligation to maintain or provide any of User(s) data and may thereafter, unless legally prohibited, delete all of User(s) data in its systems or otherwise in its possession or under its control, including but not limited to User(s) personal information, log-in ID and password, order details and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
    • (j) Pine Labs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Users(s) content from the Website with or without ability to access the Website and the Services, upon any breach by the User(s) of these Terms of Use or if Pine Labs is unable to verify or authenticate any information the User(s) submits to Pine Labs, or if the User(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Pine Labs to provide the Services to the Other Party(s).
    • (k) The right to terminate/ suspend the account is in addition to, and without prejudice to, Pine Labs's right to initiate action against the User(s), in accordance with applicable law.

Force Majeure

Users accept and acknowledge that Pine Labs shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Pine Labs), or any other delay or default or deficiency or failure which arises from causes beyond Pine Labs's reasonable control ("Force Majeure Event"). In the event of any Force Majeure Event arising, Pine Labs, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.

Governing Law and Dispute Resolution

All disputes will be subject to arbitration at the respective jurisdictions in English by a sole arbitrator appointed by Pine Labs under the laws prevalent in the respective jurisdictions as mentioned herein below. You agree to submit to the personal jurisdiction of the courts located within the said jurisdiction, for the purpose of litigating all claims that arise between You and Pine Labs.

Unless otherwise required by a mandatory law of any jurisdiction, these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

Further, you and Pine Labs agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with these Terms of Use and Privacy Policy as provide on the Website of the Company and any non-contractual disputes/claims arising out of or in connection with them.

Country Governing Law Jurisdiction
India Arbitration and Conciliation Act, 1996 New Delhi
Malaysia The Arbitration Act, 2005 Malaysia
UAE DIFC LCIA Arbitration Centre Rules Dubai

Survival

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Pine Labs. Any consent by Pine Labs to, or a waiver by Pine Labs of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

Contact Information

If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at plutus.support@pinelabs.com. If any User(s) has any questions concerning Pine Labs, the Website, these Terms of Use, or anything related to any of the foregoing, Pine Labs can be reached at the following email address - plutus.support@pinelabs.com or via the contact information available from the following hyperlink: Contact us.

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