- Acceptance of the Terms
- Other Documents Mentioned
- User Privacy
- Sign-up at PkPoint
- User Content
- Using our Services
- Termination of Account
- Limitations of the Liabilities of PkPoint
- Some Finer Legal Points
- Contact Information
1. Acceptance of the Terms
Accepting these terms binds you to a contract with PkPoint, which defines your rights and responsibilities upon using the services at PkPoint. Availing any of these services- including website browsing signifies your acceptance of the terms under this contract. Services cannot be availed without accepting these terms.
If you understand the condition stated above, and agree to the Terms at PkPoint, you are welcome to proceed further.
2. Other Documents Mentioned
PkPoint provides a platform for buyers and sellers to connect. Depending on the type of service you avail of here, it is mandatory to refer to the guidelines and policies relevant to it.
Seller Policies: If you avail of the services of PkPoint to sell your items, you must agree to and adhere to the policies listed here.
Buyer Policies: If you avail of the services at PkPoint to browse and shop through the items listed for sale, please refer to the Buyer Support Policies listed here.
3. User Privacy
The personal information of the members of PkPoint, like names, email ids, or the shipping addresses, is processed by PkPoint as well as the sellers; hence the two must be considered distinct and independent data controllers of the personal information of the users. This use of personal information is by all means made under the confines defined by the law and consumer rights. Thus, PkPoint and the independent sellers take the responsibility for the use of this personal information distinctively and independently. This means that PkPoint shall not be responsible in case of unauthorized exploitation of users’ information from the sellers’ end.
For further details about indemnification obligations to PkPoint, please refer to Section 9 Indemnification below.
4. Sign-up at PkPoint
Some of the services at PkPoint require the users to sign up. The rules and policies for creating an account at PkPoint are:
Provide accurate information: The users must be honest in providing their information at the time of signing up. PkPoint shall not be responsible in case of false information provided or pretending to be someone else in creating and using an account at PkPoint.
Protect your password: Since you are the only person responsible for all activities taking place through your account at PkPoint, you must protect your password and not share it with anyone.
5. User Content
Content posted by the users while availing of the services at PkPoint is solely their own property. PkPoint does not claim any right to any of this content. The content can be the vendors’ names, profile pictures, pictures of the listed items for sale, videos, product descriptions, product reviews, or the account or comments made by the users.
It must be noted that the rights of the content are held by users and they are responsible themselves for their content. The users must ensure that the content posted by them is not the legal property of any other third party.
By posting your content at PkPoint, you officially authorize us to use your content for any purpose in the process of facilitating the users. The ownership and property rights belong to the users, but PkPoint has the license to use it as and when required. However, PkPoint ensures that this use shall only be made for the purpose of business growth and facilitation of our users, and the rights of the owner of this content are not violated.
By uploading your content, you grant an irrevocable right to PkPoint to edit, reproduce, display, modify, store or distribute your content in the provision of its services or for the purpose of advertising and promotion.
For further understanding, users can consider the example where a seller uploads a picture of a product to be sold at PkPoint. PkPoint may resize this picture to optimize the visibility, display it on other platforms for promotion, or translate your descriptions in other languages for the inclusion of a wider audience.
In order to avoid infringing the property rights of any other party, PkPoint adheres to the legal requirements and removes any content that violates our Intellectual Property Policy. The policy also guides on how you can get your content removed, in case it has been posted or distributed without your authorization. You shall also be notified in case your content gets removed for the violation of policy.
6. Using our Services
No service shall be used to break any local, state, federal or international law. By agreeing to these Terms and Conditions, you submit your consent to comply with the Sanctions Policy as well. To continue availing of the services at PkPoint, users may not engage in fraud, theft, or any kind of anti-competitive or unlawful activities.
Users must pay all their bills and fees that they owe to PkPoint. Any applicable taxes in selling using the services at PkPoint must also be paid by the sellers. You can find out further about the fees, payments, billing, and taxation procedures and policies at PkPoint through our fees & pricing policy.
Users must ensure not to interrupt or disturb any of the services. Sending a virus or any such activity shall be considered unlawful and may result in termination of the license of your use.
The name of ‘PkPoint’ and all our logos, taglines, and designs are our trademarks. If there is a need to use any of our trademarks, the Trademark Policy of PkPoint must be followed.
PkPoint welcomes the feedback and ideas from its users. You can always send in your feedback, complaints, and ideas to help us improve the quality of services provided through this platform. Your ideas and feedback submitted are considered non-confidential and non-proprietary and hence PkPoint holds a non-exclusive, royalty-free, irrevocable license to use these ideas and feedback in any way without having to take your consent or compensating you for it.
Users can interact online with PkPoint. We provide all the legal information in writing. The Electronic Communication Policy at PkPoint describes how communication takes place electronically through emails. The agreements submitted electronically are considered alternatives to the signature on paper. This is not only convenient for the users but environment friendly as well with less paperwork is involved.
7. Termination of Account
Termination by Users: Users can terminate their accounts at any time from their account settings. Some of the content that you posted prior to termination of account may remain unaffected upon the termination of account and it may remain available at the website. All outstanding bills must also be cleared even after the termination of accounts.
Account Suspend by PkPoint: PkPoint may suspend your account (and any related accounts) and your access to the Services in case of violation or poor rating, with advance notice and reason. In this case, you can contact our support (for the buyer: email@example.com, and for the seller: [email protected]).
Termination of Services: PkPoint reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Expiry of Account Inactivation: The inactive account can be re-activated simply by logging again into the account.
8. Warranties and Limitations of Liabilities of PkPoint
Purchased Items: Users must note that PkPoint does not manufacture any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so PkPoint may not make warranties about the quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly to PkPoint. PkPoint will process any claims related to items sold through our Services, including defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content Accessed: You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. PkPoint is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With: You can use the Services to interact with other individuals online. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
Promotions and coupon codes: You acknowledge that PkPoint does not make any warranties with respect to your coupons and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your coupons if your coupon or its code has been reported lost or stolen, or if we believe your coupon balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your coupon code stops working, your only remedy is for us to issue you a replacement coupon code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties: PkPoint is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are explicitly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
Liability Limits: To the fullest extent permitted by law, neither PkPoint, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms.
We hope this never happens, but if PkPoint gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend PkPoint (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one or more of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services or not. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with these updates. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
11. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and PkPoint regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
12. Contact Information
If you have any questions about the Terms, then buyer & seller can email us at firstname.lastname@example.org, and sellers can email us at email@example.com.