1. INTRODUCTION:

1.1. This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Navsons Global Private Limited via “PiNmates” (Mobile application) and “www.pinmates.in” (Website). This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

1.2. This is an agreement between Navsons Global Private Limited, a company incorporated under the Companies Act 2013 with its registered office at E-44/3, FIRST FLOOR, OKHLA INDUSTRIAL AREA PHASE-II, NEW DELHI, India, 110020 hereinafter referred to as “ PiNmates” (which expression shall unless excluded by or repugnant to the subject or context be deemed to mean and include its successor or successors in interest and/or assigns), the owner and operator of “PiNmates” (Mobile application) and “www.pinmates.in” (Pinmates Website), including collectively, including all content provided by Navsons Global Private Limited through “PiNmates” (Mobile application), the “PiNmates Service”, or the “Service”, and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, INFRINGEMENT POLICY, COUNTERFEIT & PRIVACY PREVENTION POLICY, AND PINMATES’S PRIVACY POLICY, if you choose to not agree with any of these terms, you may not use the Service.

2. PINMATES SERVICE:

2.1. These Terms of Service apply to all users of the PiNmates Service. Information provided by our users through the PiNmates Service may contain links to third party websites that are not owned or controlled by PiNmates. PiNmates has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Also, PiNmates does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third-party content on the Site. In addition, PiNmates will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that PiNmates shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect PiNmates belief.

3. Errors, Corrections, and Right to Modify or Discontinue Service and Sites:

3.1. We do not represent or warrant that the PiNmates Site and PiNmates Mobile Application will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the PiNmates Site and PiNmates Mobile Application will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the PiNmates Site and PiNmates Mobile Application at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site and PiNmates Mobile Application. PiNmates reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites and PiNmates Mobile Application (or any part thereof) with or without notice. PiNmates shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites and PiNmates Mobile Application.

4. PINMATES ACCESS:

4.1. Subject to your compliance with these Terms of Service, PiNmates hereby grants you permission to use the Service, provided that:

4.1.1. your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;

4.1.2. you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without PiNmates’s prior written authorization;

4.1.3. you will not attempt to reverse engineer, alter or modify any part of the Service;

4.1.4. you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. The Application is currently made available to you free of charge for your personal, non-commercial use. PiNmates reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these PiNmates (Mobile Application) terms, at any time and for any reason.

4.2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide PiNmates with your mobile phone number. When providing your mobile phone number, you must provide accurate and complete information. You must notify PiNmates immediately of any breach of security or unauthorized use of your mobile phone. For removal of doubts, it is clarified that, PiNmates is not liable for any loss or damage caused by any unauthorized use of your account, however you would be liable for any losses or damage caused to PiNmates including but not limited to any claims made on PiNmates or others due to such unauthorized use.

4.3. You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data backup of the content that is available to you by use of the PiNmates Site or PiNmates Mobile App. or use of PiNmates Service that is available through any other mediums.

5. AVAILABILITY:

5.1. PiNmates will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside PiNmates reasonable control.

5.2. PiNmates does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

5.3. PiNmates will not be responsible for any support or maintenance for the Application.

6. SYSTEM REQUIREMENTS:

6.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).

6.2. The Software Requirements for downloading the PiNmates Mobile App would vary as per the mobile phone specification. The PiNmates Mobile App would be available in English Language as of now.

6.3. The version of the Application software may be upgraded from time to time to add support for new functions and services and different languages.

7. Intellectual Property Rights:

7.1. The PiNmates company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App (“Intellectual Property”) is owned by and used under license by PiNmates or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use PiNmates Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PiNmates.

7.2. For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to PiNmates all rights including intellectual property rights and also “moral rights” in the Reviews, Ratings and Comments posted by you at PiNmates through any of mediums of PiNmates and that PiNmates is free to use all such Review, Ratings and Comments as per its (PiNmates’s) requirements from time to time.

8. PAYMENT FOR SERVICES

8.1. You may be required to pay charges for the Services used by you using the online payment gateway provided in the PiNmates (Mobile Application).

8.2. You agree that you will pay for all Services you purchase from the PiNmates’s and for the use of the PiNmates (Mobile Application) by way of online payment using the online payment gateway.

8.3. The PiNmates uses third party payment gateways on the PiNmates (Mobile Application) and failures in these gateways would be communicated to the users as it is. Extra Convinces Charges, currency/conversion charges/deductions/error issues from payment gateway shall not be the responsibility of the PiNmates.

8.4. We use Payment gateways as our service provider. All payment transactions are subject to the terms and conditions set forth by Payment gateways.

8.5. Payments for the services offered on the PiNmates (Mobile Application) shall be on a 100% advance basis. The payment for service once subscribed to by the User is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the PiNmates and it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts. PiNmates gives no guarantees of server uptime or applications working properly. All is on a best effort basis and PiNmates liability for losses, damages and claims hereunder is limited to refund of amount only. PiNmates undertakes no liability for free services. PiNmates reserves its right to amend / alter or change all or any disclaimers or these Terms at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them. The continued usage of the PiNmates (Mobile Application) and website by a User shall constitute deemed acceptance by the User of the amended Terms.

8.6. The User is solely and exclusively responsible for maintaining confidentiality of the User password and User identification and all activities and transmission performed by the User through his/her user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and PiNmates assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / offline. PiNmates uses reasonable care as is necessary to ensure that all or any data / information does not fall in the wrong hands. The weak link in credit card transaction is securely storing the data once received; therefore, PiNmates does not store or keep credit card/debit card/bank account. For the purposes of ensuring the maximum security for the financial information of a user (such as credit card/debit card/internet banking data) all such online payment transactions are carried out directly on the secured platforms of payment gateways and not on the PiNmates (Mobile Application).

8.7. PiNmates assumes no liability for the actual payment processing. Any issues, including but not limited to transaction failures, errors, or disputes, are the responsibility of Payment gateways.

8.8. While PiNmates implements security measures to protect users’ payment information, the ultimate responsibility for payment security lies with Payment gateways, our payment gateway provider.

9. USER SUBMISSIONS & SPECIFIC FEATURES:

9.1. You further agree that you will not:

9.1.1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PiNmates all of the license rights granted herein;

9.1.2. publish falsehoods or misrepresentations that could damage PiNmates or any third party;

9.1.3. submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

9.1.4. post advertisements or solicitations of business;

9.1.5. impersonate another person;

9.1.6. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

9.1.7. interfere with or disrupt the integrity or performance of the Service or the data contained therein; or

9.1.8. attempt to gain unauthorized access to the Service or its related systems or networks.

9.2. Adult content must be identified as such. PiNmates does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and PiNmates expressly disclaims any and all liability in connection with ratings and/or submissions. PiNmates does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and PiNmates will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:

9.2.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

9.2.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

9.2.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the PiNmates Mobile App user allegedly infringing the copyrighted work;

9.2.4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

9.2.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

9.2.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at naveen@pinmates.in. PiNmates reserves the right to remove contents without prior notice. PiNmates may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. PiNmates also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. PiNmates may remove such contents and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

9.2.7. You understand that when using the PiNmates Service you will be exposed to Ratings and Review submissions from a variety of sources, and that PiNmates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of PiNmates. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PiNmates with respect thereto, and agree to indemnify and hold PiNmates, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the PiNmates Service.

9.2.8. PiNmates reserves the right to discontinue any aspect of the PiNmates Service at any time.

9.2.9. Right, But Not Obligation, to Monitor Submissions: PiNmates does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.

9.2.10. Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Use.

9.3. WARRANTY:

9.3.1. THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL IN MOBILE APPLICATION OF PINMATES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PINMATES DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. PINMATES DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINMATES DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. IN NO EVENT SHALL PINMATES BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF PINMATES IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. PINMATES DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

9.4. ADDITIONAL DISCLAIMER:

9.4.1. Users using any of PiNmates service across the following mediums i.e. through internet i.e. “PiNmates” (Mobile application) and “www.pinmates.in” (Website), or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with PiNmates. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and PiNmates does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with PiNmates. Further, PiNmates is not at all responsible for any act of Advertiser/s listed at PiNmates.

9.5. LIMITATION OF LIABILITY

9.5.1. IN NO EVENT SHALL PINMATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

9.5.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

9.5.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,

9.5.1.3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

9.5.1.4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,

9.5.1.5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,

9.5.1.6. 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PINMATES CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PINMATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR

9.5.1.7. THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9.5.1.8. YOU SPECIFICALLY ACKNOWLEDGE THAT PINMATES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. INDEMNITY:

10.1. You agree to defend, indemnify and hold harmless PiNmates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

10.1.1. your use of and access to the PiNmates Service;

10.1.2. your violation of any term of these Terms of Service;

10.1.3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or

10.1.4. any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PiNmates Service.

11. ABILITY TO ACCEPT TERMS OF SERVICE:

11.1. PiNmates Service. Only adults, who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

12. ASSIGNMENT:

12.1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PiNmates without restriction.

13. MISCELLANEOUS:

13.1. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

14. GOVERNING LAW:

14.1. These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws’ provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at New Delhi will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. PiNmates reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. PiNmates reserves the right to seek all remedies available at law and in equity for violations of these Terms.

TERMS OF SERVICE FOR LISTING SERVICES

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of PiNmates’s service via PiNmates Portals. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

This Terms of Service guides the contractual relation between Vendors (hereinafter called as “Vendor”/”Service Provider”, “You” or “Your”) and Navsons Global Private Limited, (hereinafter called as PiNmates,) and it governs the services offered by PiNmates through its website and Mobile Application (collectively called “Portals”). PiNmates offers you its services only on the Terms and any amendments made under this Terms of Service. The terms of Service are published on PiNmates’s App and website at https://www.pinmates.in/terms.html

1. INTRODUCTION:

The Services (defined hereinafter) of ‘PiNmates’ is provided by Navsons Global Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at E-44/3, FIRST FLOOR, OKHLA INDUSTRIAL AREA PHASE-II, NEW DELHI, India, 110020 (“PiNmates”). PiNmates carries on the business of providing information about Vendors (defined hereinafter) of various products and services (“Information”) in selected towns and cities in India (“Service”) to end users. PiNmates is local search engine and it primarily provides directory services to its Users as per their requirements & searches made on PiNmates’s portals in as much as these terms of use is concerned as applicable to the vendors. PiNmates also provides Community Chat forum and Personal Chat Forum (collectively “Community”) that can be accessed and contributed to by certain registered users of PiNmates products and services. This Community provides opportunities to interact with your local people. in order to share knowledge, ask questions and seek information about Venders listed on PiNmates Application and its products and services. PiNmates search service is available to users through Mobile Application for Android. PiNmates is merely a medium which connects general public with vendor’s goods and services listed on PiNmates, however, at the same time it does not intend to guarantee any business to such Vendors. The Vendor details as provided by them are specified in the listing available at PiNmates portals. PiNmates objective is to provide a quicker guide for up-to-date Information in a user-friendly manner and via a medium to the end user.

2. INTERPRETATION:

2.1. Contract means this Terms of Service together with all Schedules and Annexures (if any);

2.2. References to a party hereunder shall include such party’s successors, permitted assigns and any persons deriving title under it;

2.3. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of the content of such Clauses;

2.4. The use of words in the singular or plural, or with a particular gender, shall not limit the scope or exclude the application of any provision of this Contract to such person or persons unless the context otherwise permits;

2.5. Any grammatical form of a defined term herein shall have the same meaning as that of such term; and the words “including” and “includes” herein shall always mean “including, without limitation” and “includes, without limitation”, respectively.

3. SUBSCRIPTION:

Vendors may be business houses, small medium enterprises, corporate entities, semi-corporate entities, establishments or individuals, who subscribe to the Service in order to list their company or business. PiNmates will provide only the Information about the Vendor to the Users in the manner provided for in these Terms. Vendor agrees and acknowledges that PiNmates does not guarantee any business to the vendor and is merely a medium through which information is made available to the general public.

4. GENERAL TERMS:

4.1. This Terms of Service, including any Invoice, Annexures etc. together will be referred as “Contract/ Terms of Service”. This Terms of Service will override any previous understanding (whether written or oral) between the Vendor and PiNmates on the subject matter hereof. The Terms of Service shall be valid and effective for 1 (one) year or more from the Effective Date unless otherwise agreed by the parties and in accordance with the terms of Service subject to the timely receipt of the payment. The Service would automatically stand renewed unless (a) the Vendor intimates PiNmates by prior written notice (either by email or through registered post) at least 3 (three) months before the expiry of the 1 (one) year tenure, expressing their intention not to renew the Service or (b) is terminated by either Party prior to renewal in accordance with these Terms. In the absence of any written communication by the Vendor as to non-renewal after the expiry of the 1 (one) year tenure or unless terminated earlier by either Party, the Service would stand automatically renewed on terms specified herein. By agreeing to the terms of the Contract, the Vendor shall be deemed to have consented unconditionally to all such addendums and amendments to the Contract without requirement of any specific notice or signature thereto. PiNmates is entitled to modify the Terms of Service as it deems fit and will not be required to provide a specific notice of such change to the Vendors. It shall be the sole responsibility of the Vendors to visit the Website and update themselves of the modifications/changes to the Terms of Service. Any changes to or amendment to these Terms or the Terms of Service will be deemed to take effect from the Effective Date and will be binding on the Vendor.

4.2. The automatic renewal of the Service is subject to the absolute discretion of PiNmates. The amount mentioned in the Invoice along with any other document which forms a part of this Terms of Service, Total Fee is the decided fee for the provision of Services and shall not be reviewed at any point except at the discretion of PiNmates. The Vendor’s by making the payment as raised in the invoice confirms the acceptance of Terms of Service as set out herein, for availing the service from PiNmates.

4.3. Notwithstanding anything contained anywhere in this contract, The Vendor undertakes that if any concession is availed by Vendor while availing PiNmates services it shall be under obligation to honor the payment under any circumstances for the total tenure of the services as availed by the Vendor subject to terms of service as mentioned in this document.

4.4. It is clarified that, irrespective of whether the Vendor has registered or not registered their entity/ firm’s contact numbers in the “Do Not Call” registry of Telecom Regulatory Authority of India (TRAI), or any other statutory body, upon acceptance of the Terms Of Service, the Vendor would be deemed to have given their consent and authorized PiNmates to share the Vendor’s details and contact numbers for business and promotional purpose with Users of the Service and for other business purposes of PiNmates. Further the Vendor, by accepting the Terms of Service, has given his consent to PiNmates to contact him for any business promotion of PiNmates. The Vendor confirms that Vendor shall carry out all the obligations as specified in the Terms of Service. The Vendor also undertakes to take all such measures as may be necessary to ensure that the Users do not encounter any difficulty in contacting the Vendor. In the event the Users are unable to contact the Vendor it would not be deemed to any deficiency in the Services rendered by PiNmates. The Vendor undertakes to comply with all the present and future TRAI regulations or regulations of any other regulatory bodies on subject matter covered under this clause and would ensure that User or PiNmates will not face any difficulty in contacting the Vendors.

5. INFORMATION DISSEMINATION:

PiNmates currently disseminates Information to the Users through Mobile Application for Android and IOS. PiNmates may, at its discretion cease providing Information over any of the above platforms or provide Information over other platforms or modify the manner in which Information is provided over any of the existing platforms, as it may deem fit, from time to time.

6. VENDOR LISTINGS:

The PiNmates offer Paid Listing services to its venders and services Providers (Paid Listing), The PiNmates in future may offer Other Services as may be required from time to time or as the case may be.

6.1. PAID LISTING

The Vendor agrees that the PAID LISTINGS are displayed based on the overall rating of the Vender, as per availability in the pin codes on the day of receipt of the payment on PiNmates’s account. In respect of specific Vender search, the listing of the vendors will appear on top position, in respect of all area searches, The Paid Listing are displayed in decreasing order based on the overall rating of the Vender. The packages value may vary based upon the city town, medium, category, and such other parameters as may be identified by PiNmates.

In the event Vendors wish to change/add any categories/pin code etc, it will be done at additional cost, depending on the availability and discretion of PiNmates. However, in case of removal/cancellation/deletion of any categories/pin code in the existing listing, the Vendors shall not claim to reduce the cost or refund the money on the basis of removal/cancellation/deletion of any categories/pin-codes. PiNmates reserves the right to change the aforesaid Listing Service options by adding new listings or deleting the existing listings or adding, deleting, modifying or merging any categories or keywords or pin-codes. The final decision-making power with regard to Listing shall however vest with PiNmates and such decision shall be final and binding on the Vendor.

6.2. DETAILS OF SERVICES:

6.2.1. i) Display – shall mean listing visible on PiNmates portal with the name, contact detail, address and other details as provided/uploaded by Vendor.

7. LISTING/ SERVICE AND OTHER FEES:

7.1. The Vendor agrees/undertakes to pay advance and non-refundable Listing/Service Fee and other applicable charges/fees for any additional feature/upgraded services /facility etc. as availed by the vendor from time to time. The applicable charges/commercials will be determined by PiNmates at its sole discretion. PiNmates on the receipt of such fees from the Vendor, will send the e-invoice to the registered mobile number or email ID of the respective Vendor or their authorized person on their registered contact details. The vendor/service provider Shall pay the fee, upfront payment (payment of entire fee). PiNmates reserves the right, at its sole discretion, to change, modify and amend the Terms pertaining to the activation of your services at any time by publishing the amended Terms on our portals with or without notice to you. Vendor/Service Provider are advised to check the Terms at regular interval to received uninterrupted services.

8. PAYMENT MODES:

8.1. PiNmates allows the Vendor to make the payments for the Services, including the payment of the Service/Listing Fee, i.e., the Total Fee excluding Service Fee/ Subscription Fee by way any of the following modes:

8.1.1. UPI

8.1.2. Internet Banking

8.1.3. Debit Card

8.1.4. Credit Card

8.2. It is hereby clarified that PiNmates does not accept payment in cash. Vendors shall not share to any employee of Navsons Global Private Limited any banking related information or any information that is considered to be sensitive personal information within the meaning of Information Technology Act, 2000 as amended or any other law for the time being in force.

9. PAYMENT FOR SERVICES

9.1. You may be required to pay charges for the Services used by you using the online payment gateway provided in the PiNmates (Mobile Application).

9.2. You agree that you will pay for all Services you purchase from the PiNmates’s and for the use of the PiNmates (Mobile Application) by way of online payment using the online payment gateway.

9.3. The PiNmates uses third party payment gateways on the PiNmates (Mobile Application) and failures in these gateways would be communicated to the users as it is. Extra Convinces Charges, currency/conversion charges/deductions/error issues from payment gateway shall not be the responsibility of the PiNmates.

9.4. We use Payment gateways as our service provider. All payment transactions are subject to the terms and conditions set forth by Payment gateways.

9.5. Payments for the services offered on the PiNmates (Mobile Application) shall be on a 100% advance basis. The payment for service once subscribed to by the User is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the PiNmates and it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts. PiNmates gives no guarantees of server uptime or applications working properly. All is on a best effort basis and PiNmates liability for losses, damages and claims hereunder is limited to refund of amount only. PiNmates undertakes no liability for free services. PiNmates reserves its right to amend / alter or change all or any disclaimers or these Terms at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them. The continued usage of the PiNmates (Mobile Application) and website by a User shall constitute deemed acceptance by the User of the amended Terms.

9.6. The User is solely and exclusively responsible for maintaining confidentiality of the User password and User identification and all activities and transmission performed by the User through his/her user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and PiNmates assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / offline. PiNmates uses reasonable care as is necessary to ensure that all or any data / information does not fall in the wrong hands. The weak link in credit card transaction is securely storing the data once received; therefore, PiNmates does not store or keep credit card/debit card/bank account. For the purposes of ensuring the maximum security for the financial information of a user (such as credit card/debit card/internet banking data) all such online payment transactions are carried out directly on the secured platforms of payment gateways and not on the PiNmates (Mobile Application).

9.7. PiNmates assumes no liability for the actual payment processing. Any issues, including but not limited to transaction failures, errors, or disputes, are the responsibility of Payment gateways.

9.8. While PiNmates implements security measures to protect users’ payment information, the ultimate responsibility for payment security lies with Payment gateways, our payment gateway provider.

10. CONSEQUENCES OF NON-PAYMENT OF SERVICE FEE AMOUNT:

10.1. The Vendor hereby agrees that it shall make the payment via such mode which is mentioned on the Clause 8 of these Terms. In the event if the Vendor fails to make any payment for the services as availed, PiNmates may also, in its sole discretion, suspend the Vendor’s Listing or access to the Service, as the case may be, until the Vendor makes necessary payments. Further, the Vendor agrees and acknowledges that the Vendor shall be deemed to have waived his rights to the Service and the Vendor’s listing for the period during which the Service and the Listing is suspended for non-payment. The right of PiNmates to determine the listing, suspend the Service and the Listing shall be without prejudice to PiNmates’s right to terminate the services for any material breach committed by the Vendor.

11. ISSUANCE OF INVOICE/ANNEXURES:

11.1. On receipt of the consideration, the services shall be activated. Once the services are activated PiNmates shares the invoice to the Vendors on their registered email ID and/or mobile number via email/sms & other electronic modes along with an invoice & any other details as may be required.

11.2. Invoice is valid subject to timely realization of the payment.

12. PRIORITY OF INFORMATION ABOUT VENDORS:

12.1. For PiNmates, providing Information that is relevant to the User is a priority. The User may or may not identify the location and category in respect of which he is seeking Information and PiNmates will provide such Information (subject to availability of such information) based on such choice of the Users. Amongst the Vendors who fall within the parameters identified by the User, Information about Vendors registered with PiNmates, that is, the Vendors is first provided on best effort basis, subject to delays due to any technical malfunction. Priority among Vendors i.e., determined on the basis of the listing selected by the Vendor and on the basis of Total Fee to be paid by the Vendor. Nothing contained in the herein, shall be deemed to restrict or prevent PiNmates from providing Users with Information about other Vendors whether in priority to the Vendors or otherwise, as PiNmates may in its sole discretion determine. The Vendor acknowledges that PiNmates will merely convey the Information to the Users on demand and does not guarantee that any of such User requests will result in business prospects for the Vendor.

13. NO MARKETING:

PiNmates is not obliged and does not market the offerings of Vendor and shall not be obliged to recommend Vendor to the Users. PiNmates’s obligation under the contract is limited to the obligations explicitly set out herein and in no event does PiNmates undertake to generate or guarantee Enquiries or business to the Vendor.

14. INDEMNIFICATION:

14.1. Vendor shall defend, indemnify, and hold harmless PiNmates, its officers, employees, agents, Representatives from and against any claims, liability(ies), demands, losses, damage, deficiencies, actions, judgments or cause of action, assessments, interests, penalties and other costs or expenses (without limitation to reasonable attorneys’ fees and expenses) arising out of or in relation to or in connection with:

14.2. breach of any provision or non-performance of any of its obligations under this Terms of Service;

14.3. by reason of any infringement of third-party rights (including intellectual property rights);

14.4. any representation and warranty given by Vendor under this Terms of Service being found to be untrue, false or incorrect; or

14.5. anything done or omitted to be done due to gross negligence, willful default or willful misconduct of the Vendor or any of its officers, directors, employees or agents or

14.6. any third-party claims or liability arising out of or related to Services.

15. CONFIDENTIALITY AND RELATED OBLIGATIONS:

15.1. The Vendor shall keep any information regarding the Users of the Service (“User Information”) confidential both, during the subsistence of this Terms of Service and after its termination. The Vendor shall not, without the prior written consent of PiNmates, transfer (whether for consideration or otherwise) User Information to any third party for any reason whatsoever. The Vendor is specifically prohibited from using the User Information for purposes of seeking any commercial gain out of said User Information. In the event PiNmates is made aware of any such practice of the Vendor in violation of the terms of this Terms of Service, PiNmates shall be entitled to terminate the Services as well as initiate such legal proceedings against the Vendor, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

16. VENDORS’ OBLIGATIONS TOWARDS END USERS:

16.1. The vendor shall be responsible for any delivery, after-sales service, payment, invoicing or collection, sales enquiries, support maintenance services and/or any other obligations or services relating to or in respect of the Products/services provided by Vendors to end users. Such services shall be the sole responsibility of the Vendor/vendors.

16.2. The vendor acknowledges and accepts that vendor is solely responsible (i) for falsely describing its product or service; or (ii) to give a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or (iii) to deliberately conceals important information in relation to any product or service; or (iv) for falsely representing about the standard, quality, quantity, grade, composition, style or model of goods/products; or (v) for falsely represents about the standard, quality or grade of services; or (vi) for falsely representing any re-built, second-hand, renovated, reconditioned or old goods as new goods; or (vii) for falsely representing about the sponsorship, approval, performance, characteristics, accessories, uses or benefits of goods or services; or (viii) for falsely representing about the sponsorship or approval or affiliation; or (ix) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services; or (x) gives to the public any false warranty or guarantee of the performance, efficacy or length of life of a product or of any goods: or (xi) gives false or misleading facts disparaging the goods, services or trade; or (xii) for the goods do not comply with the standards prescribed by the competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (vi) for manufacturing of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services; (vii) for not issuing bill or cash memo or receipt for the goods sold or services rendered in such manner as may be prescribed; (ix) for disclosing to other person any personal information given in confidence by the user/consumer unless such disclosure is made in accordance with the provisions of any law for the time being in force.

16.3. The vendors shall be solely responsible for the accuracy of all information and/or validity of the Prices and any other charges and/or other information relating to the Products and/or services. The vendors shall be solely responsible for the price to be charged by them in accordance with law time being in force.

17. VENDORS’ OBLIGATIONS TOWARDS NAVSONS GLOBAL PRIVATE LIMITED:

17.1. The vendor acknowledges that it shall be solely responsible for all materials/information and its use of PiNmates directory services. The vendor agrees that nothing in its Materials/information or its use of the Directory Services will be false, misleading, defamatory, harassing, or threatening, will constitute unfair competition or unfair commercial practice, will violate any applicable Law, or will infringe or misappropriate the Intellectual Property Rights of any third party. The vendor is solely responsible for the activities of any contractor, representative, or any of its agents or other persons acting on its behalf in connection with this contract. The vendor will ensure that it’s complying with all applicable Law, including Law related to data protection and privacy.

17.2. The vendor acknowledges that PiNmates is basically a local search providing directory service and do not seek any fulfilment of the product / services delivered or not, and it is the vendor responsibility to deliver the goods & services whose business is listed on PiNmates platform.

17.3. The vendor acknowledges that PiNmates is not the goods or services, or any dispute between the vendors & end users. It is the responsibility of the vendors to resolve any dispute or claim raised by end users.

17.4. The vendor acknowledges that PiNmates shall also not be responsible for any non-delivery/non-fulfilment of any Products/Services sold by sellers/vendors to the end users. All risks associated with the delivery/fulfilment of the Products/Services shall be solely that of the Vendors. Any and all disputes regarding quality, merchantability, non-delivery/non-fulfilment and delay in delivery/fulfilment of the Products/services or otherwise will be dealt with by and between the Vendors directly and End users and PiNmates shall not be made party to such disputes. The Vendors shall hold PiNmates saved and harmless from any such actions or claims that may be initiated against it. The vendors shall also indemnify and hold indemnified PiNmates at all times against all such actions and claims.

17.5. The vendor acknowledges that PiNmates shall not be responsible for any fault, imperfection, shortcoming or inadequacy in the quality, quantity, potency, purity or standard or nature and manner of performance of any product or of any goods/services, sold by sellers/Vendors listed with PiNmates’s directory service, which is required to be maintained by or under any law.

17.6. The vendor acknowledges and accepts that it restrains itself from: (i) unreasonable security deposits from end users for the performance of contractual obligations; or (ii) imposing any unreasonable penalty on the end users, for the breach of contract; or (iii) refusing to accept early repayment of debts on payment of applicable penalty; or (iv) entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or (v) permitting or has the effect of permitting one party to assign the contract to the detriment of the end users, without his consent; or (vi) imposing on the end users any unreasonable charge, obligation or condition; or (vii) manipulation of price or its conditions of delivery or to affect flow of supplies with intent to impose unjustified costs or restrictions.

18. VENDORS’ GENERAL OBLIGATIONS:

18.1. Vendor represents and warrants that (i) it is a bona fide business organization carrying on business in relation to the items disclosed to PiNmates; (ii) it has the rights to use the trademarks; (iii) the business carried on by vendor does not violate or infringe upon any law or regulation and all registrations, authorizations and /permission necessary approvals required for carrying on business have been procured by it; and (iv) all information provided about itself (Vendor) to PiNmates, is and shall at all times be accurate, valid and complete; (v) it would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the Vendor to PiNmates) to PiNmates. For the purpose of clarity, it is agreed between the parties that PiNmates will not be liable to refund any amount which has been deducted during the validity of the contract.

19. Additional Covenants

19.1. The vendor acknowledges and accepts that any grievance as to the Services will be entertained only as long as the Service remains in force and that PiNmates will not entertain such grievances post-expiry or termination of the Service;

19.2. Vendor accepts that it is his/her responsibility to inform PiNmates about update contact information, information pertaining to its products/services. In the event the relevant information is not updated accurately, the Vendor would, by default, be bound by the explanation or description of the product/service or any other details of the vendor communicated by PiNmates to the Users or any other third party. The PiNmates will charge fees for updating of the Information of the Vender.

19.3. Vendor hereby agrees and undertakes that during the term of this Contract and after its termination of this Contract (for any reason), it will not directly or indirectly forward leads/enquiries to any third party, mis-utilize, cheat, solicit, or usurp or attempt to solicit, divert or take away any of PiNmates’s enquiries/leads. Any such conduct by vendor will lead to an immediate termination of the services and PiNmates at its discretion will initiate proceedings against vendor before appropriate forum.

20. DISCLAIMER AND LIMITATION OF LIABILITY:

To the fullest extent permitted by law, PiNmates disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, PiNmates disclaims all guarantees regarding accurate Listing of the Vendor. Vendor understands that there may be errors in such positioning. Neither PiNmates nor the Vendor will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and notwithstanding any failure of essential purpose or of any remedy except for vendor’s indemnification obligation. PiNmates aggregate liability to the vendor is limited to amounts paid to PiNmates by vendor during the 12 (twelve) months immediately preceding the date of the claim. PiNmates is also not liable for any claim owing to any misrepresentation of the information pertaining to the Vendor so long as the information exhibited/ communicated by PiNmates conforms to the Information made available by the vendor or its authorized representative.

21. ADDITIONAL DISCLAIMER:

21.1. Vendor confirms that it will be solely responsible and liable for all matters between User and the Vendor, including but not limited to transactions entered into between such User and the Vendor. Further, it is hereby declared that PiNmates does not verify the identity of the User of the Service and that the information provided to Vendors is the information received from the User and will not be independently verified by PiNmates.

21.2. In the event of receipt of any complaints from the Users regarding the Vendor or Vendor’s product/service, PiNmates reserves the right to discontinue the provision of Service to the Vendor or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in this Term, PiNmates may also terminate the services at its sole discretion.

21.3. Vendor also agrees that at no time shall PiNmates vouch for or guarantee the performance of services or delivery of products by the vendor and PiNmates will not be liable for any non-payment of amounts due to the vendor by any User.

22. DISPUTE RESOLUTION:

22.1. If the dispute raised by the Vendor regarding the deficient services, PiNmates shall be obliged, forthwith, to remove the deficiencies in the services in question. Provided that PiNmates shall not be liable to refund, if the Vendor: (i) act of omission or commission or negligence or conscious withholding any information, incomplete, and inaccurate information; (ii) does not follow the instructions or warnings issues by PiNmates; (iii) PiNmates provides the services as per Term of Service.

22.2. Additionally, if PiNmates is providing defective or deficient services evidently, due to any system error, technical issue, human error or any other acts or omissions which is beyond its control, during the tenure of the contract, then it will not be considered as material breach of the terms of this contract. In such events, Vendor will bring it to the notice of PiNmates and thereafter PiNmates will conduct necessary investigation and based on the outcome of investigation may extend the services for equivalent days without any additional cost to vendor or provide other alternate solutions. The calculation of such extended period will be from the date of receipt of such intimation by PiNmates from vendor. However, PiNmates will have all the rights to give the details/information/system generated report evidencing that there was no default on the part of the PiNmates, hence PiNmates is not responsible for the extension of the services or any other alternate solutions. As mentioned under this clause, it will be the Vendor sole and exclusive remedy in the event of PiNmates’s failure to perform the services as specified under this contract.

22.3. Any complaints or concerns with regard to content and or comment or breach of these terms, you can email to us at business@pinmates.in , with brief details of your complaint Our customer service staff will acknowledge and redress your complaint on best effort basis and as per applicable Terms of Service.

23. TERMINATION:

23.1. The term of this Contract begins upon Vendor’s registration or use of the Services and will end when terminated by any party (the “Term”). The Vendor may only terminate the Service, by giving 3 (three) months written notice (either by email or through registered post), prior to the automatic renewal of the same, stating his intentions of discontinuing the Services.

23.2. PiNmates reserves the right to terminate the Service at any time, either with or without cause. If the Vendor commits a breach of a material duty owed to PiNmates, PiNmates may, at its discretion, call upon the vendor to rectify the breach within 7 (Seven) days of the receipt of notice, failing which PiNmates may terminate the relationship between Vendor and PiNmates.

23.3. Upon termination of the Service by Vender, PiNmates will not be bound to delist the Vendor as a Vendor and cease disseminating Information of the Vendor to the Users. However, upon termination by PiNmates, PiNmates shall have the right to delist the Vendor without prior intimation thereof to the vendor.

23.4. In case of any technical difficulties in continuing the services, PiNmates reserves the right to terminate the services by giving written/oral intimation to the vendor.

23.5. If the Vendor terminates the Service, either by efflux of time or by determination under this Terms of Service, the balance of the deposit placed by the vendor with PiNmates, if any, (after deducting payments for the period/tenure for which Services have already been provided by PiNmates) shall be retained by PiNmates. Under no circumstances, shall the Vendor be entitled to claim a refund of amounts already paid to PiNmates. PiNmates may terminate the Service if vendor engages in fraud or other illegal or unethical activities, or in any activities which PiNmates in its reasonable judgment believes is in contravention, of any laws as may be applicable from time to time or of accepted industry practice and which under the circumstances could adversely affect the reputation or business of PiNmates.

23.6. This contract will be terminated forthwith by PiNmates on the happening of any of the following events:

23.6.1. If the vendor becomes or is declared bankrupt or goes in liquidation voluntary or compulsory, except for the purpose of amalgamation or reconstruction;

23.6.2. If the vendor ceases to carry on its business or suspends all or substantially all of its operations or If a liquidator, receiver or administrator or any encumbrances takes possession of or is appointed over the whole or any part of the assets of the Vendor;

23.6.3. If any attachment or distress is levied against any of the assets of the Vendor.

23.6.4. If there is any material adverse change or any change in applicable law, rules, regulations, directives or guidelines, which prevents the continuing of the arrangement under this Contract.

24. NOTICES:

PiNmates shall send notices to Vendors in writing through email or Whatsapp/SMS and may be followed by registered post and dispatched through a reputed courier. Any notice refused by the Vendor would be deemed to have been legally delivered and Vendor will be deemed to have received such notice. Vendors can send notices to PiNmates in writing on customer support email id or to company’s registered office address.

25. MODIFICATIONS TO TERMS OF SERVICE:

PiNmates reserves the right to change the Terms of Service at any time without any prior notice to the Vendor. Changes to the terms of Service or the Terms of Service shall come into effect upon from the time it is put up on the Website or by any other mode of communication as may be determined by PiNmates. For Terms of Service with Vendor visit https://www.pinmates.in/terms.html

26. TAXES:

PiNmates is entitled to charge the vendor for all the taxes and charges (now in force or enacted in future) that are or may be imposed on the said Services and Listing fees (including bids arising out of Vendor’s relationship with PiNmates) and vendor hereby agrees to pay the said taxes and charges promptly without raising any objections. Vendor also agrees that in the event the said taxes and charges are not charged by PiNmates the same shall be paid by the Vendor directly to the authorities concerned without raising any -objection. The vendor further agrees that the taxes and charges payable under this Clause is in addition to the fee paid by the vendor for the Listing and Services rendered by PiNmates. That Pursuant to Income Tax circular No 1/2014 dated 13-01-2014 TDS should not be deducted on Goods and Service tax. It is the responsibility of the Vendor to provide the correct Goods and Service tax number before the payments are made. If Vendor fails to provide the GST number or provide incorrect number before making the payment then the Vendor will not get due GST credit for which vendor shall be solely responsible.

27. MISCELLANEOUS:

27.1. PiNmates interpretation of the Terms of Service shall be final and binding on Vendor.

27.2. Vendor agrees that no joint venture, partnership, employment, or agency exists between vendor and PiNmates and that the Vendor is not entitled to bind PiNmates by its actions.

27.3. PiNmates is subject to existing laws and legal process and nothing contained in the Terms of Service is in derogation of PiNmates right and obligation to comply with the law.

27.4. If any clause or part thereof of the Terms of Service is held to be invalid or unenforceable then the invalid or unenforceable clause/ provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of the Terms of Service shall continue in effect. Such revision to the Terms of Service will be deemed to have been in effect from the Effective Date.

27.5. PiNmates shall not be responsible for any delay or deficiency in services due to any force majeure events such technical glitch, server issue, natural disasters, acts of terrorism, civil labor strike, labor and transportation strikes or any other acts beyond its control. During a force majeure event, the obligations of PiNmates under the Terms of Service will stand suspended.

27.6. Nothing in the Terms of Service obliges or will be deemed to oblige PiNmates to provide any credit to the Vendor.

27.7. PiNmates has its own Reviews, Ratings and Comments on its portals which will be posted by the users of PiNmates. However, PiNmates takes no responsibility and assumes no liability for any content posted by any caller/third party on PiNmates site or on any mediums of PiNmates.

28. ARBITRATION:

All disputes, differences and/or claims arising out of the Terms of Service shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The dispute shall be referred to a single arbitrator who shall be appointed by the authorized representative/ Director of PiNmates. The Vendor shall not challenge the nomination of Arbitrator or his award on the ground that the nomination is made by authorized representative/ Director of PiNmates. The arbitration proceedings shall be held at New Delhi and the arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Vendor and PiNmates. The arbitrator will pass a written award and will be entitled to award cost of the proceedings.

29. ENTIRE CONTRACT:

This Contract, including any Invoice, Annexures, along with the Terms of Service hereto forms a single Contract between the Parties hereto and constitute the entire understanding between the Parties with regard to the subject matter hereof and supersede any other TERMS between the Parties relating to the subject matter hereof.

30. AMENDMENTS AND WAIVERS:

Unless otherwise expressly stated in this Terms of Service, the failure on the part of PiNmates to exercise or delay in exercising a right or remedy under this Terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Terms of Service shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy available to PiNmates.

FORUM TERMS AND CONDITIONS OF PINMATES

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PiNmates Forum. PiNmates elect to provide online community resources, such as, Community Chat forum and Personal Chat Forum (collectively “Community”) that can be accessed and contributed to by certain registered users of PiNmates products and services. This Community provides opportunities to interact with your peers in order to share knowledge, ask questions and seek information about Venders listed on PiNmates Application and its products and services. Your participation in the Community is voluntary and is governed by these PiNmates Forum Terms and Conditions (“Terms”), your agreement(s) with PiNmates, PiNmates ‘s Terms of Service, and PiNmates ‘s Privacy Policy, PiNmates Terms of Services for Listing Services, PiNmates Infringement Policy, PiNmates Counterfeit and Privacy Prevention Policy including all disclaimers of liability included therein. PiNmates reserves the right to modify or update these Terms at any time in its discretion. Your continued participation in the Community serves as your agreement to such modified or updated Terms.

BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE COMMUNITY, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT, AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE COMMUNITY; AND (II) AGREE TO BE BOUND BY THESE TERMS.

Rules of Conduct

The purpose of the Community is to voluntarily exchange information, ask questions and seek information about products and services of the venders onboard with PiNmates and the Users need of these Services. You expressly agree not to use any part of the Community to:

• post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

• impersonate any person or entity, including, but not limited to, PiNmates or an PiNmates employee, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community;

• post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party;

• post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• post any material 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;

• act illegally or unethically; or

• collect or store personal data about other users.

You are solely responsible for the content of your computer and any transmissions you make when using the Community.

PiNmates reserves the right to temporarily or permanently withdraw your community membership in its discretion.

PiNmates does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via PiNmates ‘s official support provisions and protocols. You understand that posts on the Community are addressed to your peers and not PiNmates, and PiNmates does not guarantee that any support issue will be addressed on the Community.

PiNmates does not make any warranty or guarantee that any information posted on any part of the Community, whether or not such posting is made by an PiNmates employee, is accurate, complete, or in any way reliable. Community posts represent the statements and opinions of the individual user and are not necessarily the opinion of PiNmates or its employees, partners, or affiliates. PiNmates does not approve or disapprove of any Community post.

Limitation of Liability/Indemnity/Disclaimer of Warranties

THE COMMUNITY AND ALL INFORMATION, COMMENTARY, SERVICES, AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE COMMUNITY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

PINMATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE COMMUNITY OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE COMMUNITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PiNmates BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE COMMUNITY, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE COMMUNITY OR IN CONNECTION WITH ANY PART OF THE COMMUNITY, EVEN IF PiNmates HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

PiNmates does not offer formal customer support on the Community. Any commentary by PiNmates employees or representatives on the Community should not be seen as a replacement for official PiNmates support procedures. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any PiNmates employee. PiNmates ‘s provision of the Community should in no way be construed as endorsement or approval of any third-party product, service, comment, position, or information that may be mentioned or referred to therein or any of the comments or posts made by any user.

You agree to indemnify, defend and hold harmless PiNmates and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys’ fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms or claims arising from your account or arising out of content you submit, post, transmit, or make available through the Community, your use of the Community, your connection to the Community, your violation of any agreement with PiNmates , or your violation of any rights of any third party. You agree to use your best efforts to cooperate with PiNmates in the defense of any demand, claim, action, or suit. PiNmates reserves the right to assume the exclusive defense of any matter subject to indemnification by you at its own expense.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify PiNmates of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. PiNmates cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.

Privacy

You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information, e.g. a telephone number or an email address, in the Community, that information may be collected and used by third parties to send you unsolicited messages or advertisements or for other purposes. PiNmates does not control the actions of such third parties and is not liable for those actions. If you disclose personal information in the Community, you do so at your own risk.

Personal Messaging System

PiNmates had made a personal chat Forum available to its users that will allow such users to communicate privately with each other. PiNmates also reserves the right to take any further action it deems necessary or appropriate.

Miscellaneous

PiNmates reserves the right to modify or discontinue all or any part of the Community at any time in its discretion. PiNmates shall not be liable to you or any third party should PiNmates exercise its right to modify or discontinue any part of the Community.

These Terms represents the complete agreement concerning the subject matter of the Terms and, except as set forth herein, may be amended only by a writing executed by both parties.

These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in New Delhi.

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

Processing Of Forum Information:

• Information shared on Community Chat Forum and Personal Chat Forum may be processed if such processing is necessary, for any function of Parliament or any State Legislature and/or for the exercise of any function of the State authorised by law for the provision of any service or benefit to the data principal from the State; or the issuance of any certification, license or permit for any action or activity of the data principal by the State.

• Information shared on Community Chat Forum and Personal Chat Forum may be processed if such processing is (a) explicitly mandated under any law made by Parliament or any State Legislature; or (b) for compliance with any order or judgment of any Court or Tribunal in India.

• Information shared on Community Chat Forum and Personal Chat Forum may be processed if such processing is necessary— (a) to respond to any medical emergency involving a threat to the life or a severe threat to the health of the data principal or any other individual; (b) to undertake any measure to provide medical treatment or health services to any individual during an epidemic, outbreak of disease or any other threat to public health; or (c) to undertake any measure to ensure safety of, or provide assistance or services to, any individual during any disaster or any breakdown of public order.

• Information shared on Community Chat Forum and Personal Chat Forum may be processed if such processing is necessary for— (a) recruitment or termination of employment of a data principal; (b) provision of any service to, or benefit sought by, the data principal; (c) verifying the attendance of the data principal; or (d) any other activity relating to the assessment of the performance of the data principal.

• In addition to the grounds for processing contained aforesaid, Information shared on Community Chat Forum and Personal Chat Forum may be processed if such processing is necessary for such reasonable purposes as may be specified after taking into consideration— (a) the interest of PiNmates in processing for that purpose; (b) whether PiNmates can reasonably be expected to obtain the consent of the data principal; (c) any public interest in processing for that purpose; (d) the effect of the processing activity on the rights of the data principal; and (e) the reasonable expectations of the data principal having regard to the context of the processing.

The reasonable purposes mean and includes, prevention and detection of any unlawful activity including fraud; whistle blowing; mergers and acquisitions; network and information security; credit scoring; recovery of debt; processing of publicly available personal data. However, PiNmates ensures the protection of the rights of data principals.

INFRINGEMENT POLICY

1. INTRODUCTION

• This Infringement Policy describes how Navsons Global Private Limited and its affiliates (hereinafter referred as “PiNmates”) protects intellectual property rights.

• This Infringement Policy is an electronic agreement formed under the Information Technology Act, 2000 and the rules and regulations made there under (as amended till date) including the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 & the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It does not require any physical or digital signatures to make the terms of this policy binding. This privacy policy is a legally binding document. The terms of this privacy policy will be effective upon your use of our Platform /service. Please read this policy carefully, together with our Terms of Services https://www.pinmates.in/terms.html.

• By visiting our Platform, providing your information or availing our product/service, you expressly agree to be bound by the terms of this Policy and the applicable Terms. If you do not agree, please do not access or use our Platform or service.

2. PINMATES INTELLECTUAL PROPERTY

2.1. PiNmates portal contains the trademark, logos, trade name, service marks and other marks (collectively “Marks”) which are the intellectual property of PiNmates or their vendors or respective third parties. You understand that PiNmates uses the Marks of vendors and respective third parties procured from the owner and/or distribution channel. In doing so, PiNmates has no intention, whatsoever, to acquire rights of use or license to these Marks.

2.2. This Infringement policy helps in creating a safer marketplace by prohibiting the use of PiNmates portal for infringing the intellectual property rights of third parties or of the rightful owner. PiNmates policy requires sellers and buyers or users to comply with all governmental laws and regulations including but not limited to the Infringement policy as amended from time to time.

2.3. If you see something on the PiNmates portal, which you believe is violating the intellectual property rights, please send an infringement intimation to PiNmates at support@pinmates.in .

3. HOW TO REPORT A LISTING

3.1. If you have a good faith belief that your IP right has been infringed by any of our sellers or anyone else on PiNmates’s portal, you may follow the below process and /or seek Legal advice.

3.2. We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.

3.3. The email should contain the below information.

3.3.1. Identification or description of the Intellectual Property Rights that has been infringed.

3.3.2. Unambiguous identification or description of where the material that you claim is infringing is located on PiNmates portal with adequate particulars. Product ID / website links of infringing products.

3.3.3. Your address, telephone number, and email address.

3.3.4. A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

3.3.5. Brand/Trade Name (in case of Trademark infringement)

3.3.6. Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)

3.3.7. Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)

4. GRIEVANCE REDRESSAL POLICY.:

4.1. PiNmates shall take all necessary steps and/or remove the infringed product/details from its portal within 15 (Fifteen) working days subject to verification of the details as given above and the nature of complaint.