Welcome To Palenge Digital Marketing Solutions (India) Limited
This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any (collectively, "Licensee"), and Palenge Digital Marketing Solutions(India)Ltd . a company registered under the Companies Act,1956 and having registered office at 286, Meher Manzil. South Civil Lines Jabalpur (M.P.) and its product “Palenge”. This Agreement comes in to effect when you register for using Palenge services or signing an application for utilizing services of Palenge. By Registering or signing with Palenge, you signify your absolute and unconditional consent to all the provisions of this agreement in their entirety.
This agreement constitutes a legally binding agreement between Licensee and Palenge. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to Palenge.
1. Account Terms
1. You must be 18 years or older to use this Service.
2. You must provide your full legal name, fathers name, current address, a valid email address, and any other information needed in order to complete the signup process.
3. You are responsible for keeping your password secure. Palenge cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You may not use the Palenge service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India and the Local and State Laws of Madhya Pradesh in general and in particular you shall not host, display, upload, modify, publish, transmit, update or share any information that –
(a) belongs to another person and to which the user does not have any right to;
(b) 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;
(c) Harm minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonate another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
(i) 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
5. You are responsible for all activity and content (data, graphics, photos and links) that is uploaded under your Palenge account.
6. You must not transmit any worms or viruses or any code of a destructive nature.
7. A breach or violation of any of the Account Terms as determined in the sole discretion of Palenge will result in an immediate termination of your services.
2. General Conditions
1. Technical support is only provided to paying account holders and is available via email and phone calls.
2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Palenge.
3. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Palenge or Palenge trademarks and/or variations and misspellings thereof.
4. Questions about the Terms of Service should be sent to firstname.lastname@example.org.
5. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.Palenge service belongs to us. You are not allowed to rip-it-off. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
3. Palenge Rights
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Palenge customer, Palenge employee, member, or officer will result in immediate account termination.
5. Palenge does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Palenge employees and contractors may also be Palenge customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
4. Limitation of Liability
1. You expressly understand and agree that Palenge shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall Palenge or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Palenge partners, 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 this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
4. Palenge does not warrant that the service will be uninterrupted, timely, secure, or error-free.
5. Palenge does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6. Palenge does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
5. Waiver and Complete Agreement
The failure of Palenge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Palenge and govern your use of the Service, superseding any prior agreements between you and Palenge (including, but not limited to, any prior versions of the Terms of Service).
6. Intellectual Property and Customer Content
1. We do not claim any intellectual property rights over the material you provide to the Palenge service. All material you upload remains yours. You can remove your Palenge store at any time by deleting your account. This will also remove all content you have stored on the Service.
2. By uploading images and item description content to Palenge.com, you agree to allow other internet users to view them and you agree to allow Palenge to display and store them and you agree that Palenge can, at any time, review all the content submitted by you to its Service.
3. You retain ownership over all content that you submit to a Palenge store however, by making your store public, you agree to allow others to view your content.
4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (i) was in the public domain at the time we received it, (ii) comes into the public domain after we received it through no fault of ours, (iii) we received from someone other than you without breach of our or their confidentiality obligations, or (iv) we are required by law to disclose.
7. Payment of Fees
1. The service will be billed annually on the subscription while signing up for the Palenge account.
2. The service will be billed in yearly intervals. When your billing period is over company will be sent an invoice via email. As well, an invoice will appear on the my account section in the Palenge websites. Users have approximately two weeks to bring up and settle any issues with the billing.
3. All fees are exclusive of all Central, state local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of India, you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Indian billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
4. If you are not a resident of India and not subject to Indian Goods and Services Tax/Harmonized Sales Tax in respect of the service, you must provide us with a statement by email to email@example.com that 1) you are not a resident of India 2) you are not Pan Card Holder and 3) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in India when the service is made. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us.
5. To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in India when the service is made, you must advise us immediately by email to the address provided above.
6. Palenge does not provide refunds. All the amounts shall be non-refundable.
8. Cancellation and Termination
1. You may cancel your account at anytime by emailing firstname.lastname@example.org
2. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
4. We reserve the right to modify or terminate the Palenge service for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, Palenge may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
9. Modifications to the Service and Prices
1. Prices for using Palenge are subject to change upon 30 days notice from Palenge. Such notice may be provided at any time by posting the changes to the Palenge Site (palenge.com) or the administration menu of your Palenge store via an announcement.
2. Palenge reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
3. Palenge shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10. Applicable Laws and Settlement of Disputes
1. This Agreement and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with Indian Substantive and Procedural law, applicable to Agreements made and to be performed entirely therein.
2. The Parties shall attempt in good faith to resolve any dispute, difference or claim arising out of or in relation to this Agreement through mutual discussion. In case it is not resolved within thirty (30) days from receipt of the written notice (setting out the dispute or claim) by the other party, the complaining party may issue a notice of reference, invoking settlement of such dispute through Arbitration.
3. All disputes between parties shall be subject to non-exclusive jurisdiction of Jabalpur only.
4. Any and all disputes ("Disputes") arising out of or in relation to or in connection with this Agreement between the Parties or relating to the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof shall be referred for arbitration at Jabalpur, India in accordance with the terms of Indian Arbitration and Conciliation Act, 1996 or any amendments thereof. The language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator, who shall be appointed by the Franchisor only. The sole arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The arbitral award shall be in writing and shall be final and binding on each party and shall be enforceable in any court of competent jurisdiction.