Terms of Service
Thank you for your interest in PONTO. Please review the following Terms of Service,
which will govern your registration with and use of PONTO Platform.
By using the PONTO Platform, you agree to the terms and conditions ('Terms of Service') contained in this document ('Agreement') as well as to the terms of the PONTO Privacy Policy. You agree to accept these Terms of Service electronically. If you do not want to be bound by the Terms of Service, you may not make use of PONTO Platform.
Definitions
PONTO Platform refers to the anything and everything associated with PONTO included but not limited to storage, email and collaboration services.
PONTO Services refers to all products and services provided to you by EPTL, outside of the PONTO Platform.
User means any user or person who interacts with PONTO Platform.
Description of PONTO Platform
PONTO It includes buyer side mobile applications for Andriod and iOS, seller side server application and mobile application (Android) to interact within PONTO..
PONTO operates online most of the times.
In order to use the PONTO Platform you must use one of the supported system. Additionally, you are required to register your User information with PONTO Technologies. PONTO Technologies does not provide internet access, and you are responsible for all fees associated with your internet connection as a result of using the PONTO Platform.
USERS
Buyer (Consumer): If you are a consumer/buyer of products on PONTO platform, you may start using PONTO for your purchases from designated & chosen supplier/seller/vendor/store/business/merchant that is available on PONTO
Sellers (Store Keeper/Business/Vendor/Merchant): If you are selling your products or services using PONTO platform, your data is stored in secured environment over the cloud. You will have the administration access to your store & customers.
General Users: Those registered user on PONTO who enlist & review sellers (store keeper/vendors/merchant) but do not buy or visitors to PONTO website are general users. Those Users, nevertheless, are bound by these Terms of Service. Vendors or Consumers should be aware that information they provide that is not designated as confidential will be visible to all Users.
PONTO Technologies shall have no obligation to participate or assist in any way in the event of any dispute between Users.Notwithstanding the above or anything to the contrary set forth in the Terms of Service, PONTO Technologies shall have the absolute and unlimited rights to reject any User, to terminate the account of any User, to delete any User Content.
License to Use
Subject to the terms of these Terms of Service, which constitute the agreement between PONTO Technologies and you, the User.
Some of PONTO’s services are provided free of charge, while others are provided for a fee. Please contact us for more information about our pricing.
Payment (made by buyer to seller)
Buyer shall pay the total sum including fees, charges & any terms in effect at the time it is due, as shall be visible to you at the checkout. Payments must be made in advance unless agreed by seller. PONTO Technologies/PONTO platform merely accepts the payments and further forwards it to the seller. In effect, facilitates the payments from buyer to the desginated seller. All payments buyer makes are non refundable via PONTO platform.
Refund Policy (Refund request by buyer to seller)
All the refund requests of buyers are directly processed by sellers. PONTO does not process any refund requests. Buyers are advised to follow each and every sellers’ individual terms and conditions related to its refund policy. Buyers are advised to reach the sellers for their refunds directly.
Cancellation Policy (Cancellation request by buyer to seller)
By default, the cancellation of a processed order placed on chosen vendor will result into cancellation of order to the chosen vendor on PONTO and equivalent amount credited to the buyer by the seller. Buyer can review the credit under the section of store-credit inside the Seller/Vendor ‘information section.’ This is visible by clicking 'i' next to the Vendor Name in the Vendor List in the buyer application. All the cancellation requests processed by PONTO are in accordance with the cancellation policy of the seller. Buyers are requested to follow/review the policy published by each seller.
ACCOUNT
Eligibility
In order to access and use most of the PONTO Platform, you must be a one of the designated Users. PONTO Technologies does not take the responsibility of validating the details of Users entered at the start. However, should there be a dispute regarding the authenticity of the data you provide, your account will be cancelled immediately in addition to strict penalties to you.
The purchases you make from the vendors you chose is your sole responsibility. PONTO Software does not in participate in anyway between your commercial transactions.
Limitations on Use
In order to best serve our Users, and to comply with applicable laws, PONTO Technologies restricts how you can use PONTO Platform and interact with other Users. Please understand the use carefully, since your violation of them may result in the termination of your access to the PONTO Platform in PONTO Technologies’s sole discretion at any time and without prior notice.
Data Accuracy
We ask that any registration data you provide to PONTO is true, current and complete. In the event any of this information changes, please update it wherever applicable.
Compliance with Applicable Laws
You agree to use the PONTO Platform only as provided for in these Terms of Service. You also agree not to use the PONTO Platform in any way that is in conflict with the law in your jurisdiction. Further, you may not use the PONTO Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User's privacy. You agree that all or any disputes arising out of using PONTO website or any of related PONTO Software programs will be subject to jurisdiction of Pune Courts only.
Email/SMS
Applicabel to seller (Store Keeper/Business/Vendor/Merchant) - Please use the email/SMS features of the PONTO Platform responsibly. You may not use the PONTO Platform to send unsolicited commercial email ('spam') or unsolicited mass distribution of files or messages. In order to enforce this provision, PONTO Technologies may establish additional policies regarding the use of email/sms features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.
You agree that the SMS you send are subject to review on PONTO Platform.
You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, etc., that access the PONTO Platform in a manner that sends more request messages to PONTO’s servers in a given period of time than a human can reasonably produce in the same period by using PONTO mobile application software. Notwithstanding the foregoing, PONTO Technologies grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PONTO Technologies reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the PONTO Platform, nor to use the communication systems provided by the PONTO Platform for any commercial solicitation purposes.
Applicable to buyers - If you receive any email through the PONTO Platform that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory note, to hello@getponto.com
Privacy
Please view the Privacy Policy for website and mobile access for more details.
Prohibited Activities
In general, as a condition to your continued use of the PONTO Platform, you agree that you will not use the PONTO Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the PONTO Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the PONTO Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the PONTO Platform or any PONTO services that may appear on the PONTO Platform and you may not impair in any way the integrity or operation of the PONTO Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to PONTO Technologies, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
Post, transmit, or otherwise make available through or in connection with your use of the PONTO Platform:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking", "cracking", or "phreaking".
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertisements, promotional material, "junk mail", "spam," "chain letter", "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved in writing by PONTO Technologies in advance.
Any personally identifiable information of another individual, without the prior consent of such individual.
Any material, non-public information about a company, without the proper authorization to do so.
Use the PONTO Platform for any fraudulent or unlawful purpose.
Use the PONTO Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the PONTO Platform.
Impersonate any person or entity, including without limitation any representative of PONTO Technologies or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the PONTO Platform; or express or imply that PONTO Technologies endorses any statement you make.
Interfere with or disrupt the operation of the PONTO Platform or the servers or networks used to make the PONTO Platform available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the PONTO Platform (including without limitation by hacking or defacing any portion of the PONTO Platform).
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the PONTO Platform.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of PONTO Platform.
Remove any copyright, trademark or other proprietary rights notice from the PONTO Platform or materials originating from the PONTO Platform.
Frame or mirror any part of the PONTO Platform.
Create a database by downloading and storing PONTO Platform Content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, data mine or in any way PONTO Platform Content or reproduce or circumvent the navigational structure or presentation of the PONTO Platform without PONTO Technologies express prior written consent.
User Submissions or improvements, Suggestions and Ideas
We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to PONTO Technologies concerning the PONTO Platform (collectively, Submissions) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants PONTO Technologies full ownership of the Submission as if PONTO Technologies had created, developed and posted the Submission for its own purposes. PONTO Technologies reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with PONTO Technologies’s products or services. User also acknowledges that User Submissions will not be returned and PONTO Technologies may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarification, deal documents and emails or other communications between Users are not considered Submissions; PONTO Technologies claims no right, title or interest such documents or communications.
If a User makes a Submission, the User represents and warrants that the User owns or otherwise controls the rights to the Submission. User further represents and warrants that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of spam. Users may not use a false email address, impersonate any person or entity, or otherwise mislead PONTO Technologies as to the origin of any Submission. The User agrees to indemnify PONTO Technologies for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. User shall be solely responsible for Users’ own User Content and the consequences of posting or publishing them. In connection with User Content , User affirms, represents, and/or warrants that: (i) User owns or has the necessary Degrees, rights, consents, and permissions to use and authorize PONTO Technologies to use all User Content to enable inclusion and use of the User Content in the manner contemplated by the PONTO Platform and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable item in the User Content to use the name or likeness of each and every such identifiable service inclusion and use of the User Content in the manner contemplated by the PONTO Platform and these Terms of Service.
Registered User Information
Privacy
PONTO Technologies is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. By registering with or using PONTO Services, you consent to the collection and use of your personal information and the transfer of this information any where in the world for processing and storage by PONTO Technologies.
Limitations on Service
While it is our goal at PONTO Technologies to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the PONTO Platform and all Content and services on it are provided strictly on an 'as is' basis. By accepting these Terms of Service, you agree that neither PONTO Technologies nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User settings.
PONTO Technologies reserves the right to change or discontinue, either temporarily or permanently, any part of the PONTO Platform or any or all of its services at any time and without prior notice. You agree that neither PONTO Technologies nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.
Disclaimers
NONE OF PONTO Technologies, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY REFERRED AS PONTO Technologies PARTIES) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE PONTO PLATFORM OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE PONTO Technologies PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE PONTO PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PONTO PLATFORM A SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL ANY PONTO Technologies PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE PONTO PLATFORM, OR THE SUBMISSION OF ANY MATERIALS VIA THE PONTO PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A PONTO Technologies PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
At PONTO Technologies’s request, User agrees to defend, indemnify and hold harmless PONTO Technologies, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation legal fees and costs, arising from or related, directly or indirectly, to any misuse of the PONTO Platform or breach of this Agreement by User.
Modifications to the Terms of Service
PONTO Technologies may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the PONTO Platform. PONTO Technologies will notify you of the changes happening to the Terms of Service. If you do not agree, you will have to leave PONTO Platform.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND PONTO Technologies WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND PONTO Technologies RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.
Should you have any questions concerning these Terms Of Service, please email us at hello@getponto.com
Update 10.04.2019