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Terms of use

Welcome to Peng! Thank you for using our services. These terms and conditions of use (“Terms of Use”) set out your rights and responsibilities in your use of the Peng mobile application (“Platform”).

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Please read these Terms of Use carefully. By accessing or using the Platform in any manner whatsoever, you shall be bound by these Terms of Use as posted and updated on the Platform from time to time and create a legally binding agreement to abide by the same. If you do not agree to any of these Terms of Use, the Privacy Policy (available at [●]), guidelines, rules and additional terms, if any, please do not view, access or use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the Platform or such material.

 

Peng is operated and provided to you by ZMC Tech LLP, a limited liability partnership having its registered office at office at 138 B, Mittal Towers, Nariman Point, Mumbai 400021 (“ZMC”).

  1. Overview:

 

  1. ZMC offers a Platform which provides users with hyper local information which ranges from social information to event information all curated by the users of the Platform and events from third party API data over the web in addition to event information curated by the users of the Platform, based on their geo-location for their desired radius (“Services”). 

 

  1. You acknowledge that the Platform is an internet based hyper local platform providing the Services. By using, visiting, registering for, and/or otherwise participating on the Platform, including availing the Services presented, promoted, and displayed on the Platform, and by clicking on “I have read and agree to the terms of use” you hereby certify that: 

    1. you have the authority to enter into these Terms of Use;

    2. you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.

  1. Account Registration and Eligibility:

 

  1. You may access and use the Platform by registering and creating an account (“Peng Account”) by submitting your basic details which shall be as follows:

    1. Profile Name / User Name (non-modifiable post sign up)

    2. Email Address

    3. Secured Password of your choice

    4. Desired available handle name (unique to each user but modifiable post sign up)

 

  1. In addition to the information provided at the account registration page, you shall also have the option to provide additional information, which is not required to register for your Peng Account but may be helpful to ZMC in providing you with a more customized experience when using the Platform such as your profile image, interests etc.

 

  1. You shall be solely responsible for safeguarding your Peng Account password and shall keep your Peng Account password secure at all times. You shall be solely responsible for the use of your Peng Account and shall notify ZMC immediately of any breach of security or any unauthorized use of your Peng Account. In the event ZMC finds a breach or suspected breach of the security of your Peng Account, ZMC may require you to change your password, temporarily or permanently suspend or block your Peng Account without any liability to ZMC. Similarly, you shall never use anyone else’s Peng Account without ZMC’s express written permission. You agree that you will not represent yourself or misrepresent yourself as another user of the Platform. 

 

  1. Use of the Platform is available only to individuals who are at least 18 (Eighteen) years old and can enter into legally binding contracts under applicable law. If you are a minor (i.e less than 18 (Eighteen) years old) and wish to use the Platform, you may do so through your legal guardian. You represent, acknowledge and agree that you are at least 18 (Eighteen) years of age or are being represented by your legal guardian who is at least 18 (Eighteen) years of age and that:

    1. all registration information that is submitted is truthful and accurate and

    2. you will, at all times, update and maintain the accuracy of such information.

  1. Terms of Use of the Platform:

 

  1. The Platform is an internet based hyper local platform which provides users with hyper local information which ranges from social information to event information all curated by the users of the Platform and events from third party API data over the web, based on their geo-location for their desired radius. ZMC does not author or provide the information on its own and/or does not control the information posted on the Platform or the veracity of the information provided by different users on the Platform or information derived from various APIs available on the web and displayed on the Platform, in any manner whatsoever. You understand that any Services availed through the Platform shall be subject to the terms and conditions set out in these Terms of Use including but not limited to validity of the information and location serviceability.

 

  1. Our Platform is designed to access and use the location of your mobile device for the limited purpose of displaying your post or any event on a map at the point of interest where it is posted or uploaded. Our Services do not track your location except as mentioned herein. Once you have posted your content, our Service will cease to access your location through your mobile device. Nonetheless, use of the Services may involve special risks associated with other persons knowing your location.

 

  1. For as long as you use our Services, you consent to downloading and installing updates to our Platform, including automatically. You agree to receive promotional notifications and advertisements with respect to or through our Platform.

 

  1. You agree that in order to allow ZMC to use the information supplied by you, without violating your rights or any laws, you agree to grant ZMC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights that exist in your information, in any media now known or not currently known. ZMC shall only use the information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

 

  1. ZMC does not monitor any content / information provided by the users on the Platform. You shall ensure that you do not provide any content / information on the Platform that may be inappropriate, defamatory, illegal, tortious or that otherwise infringes the rights of others or of ZMC. You are solely responsible for your content and other information provided by you through Our Services. Any user of the Platform sharing or posting information on the Platform shall be solely responsible for the truthfulness, accuracy, legitimacy, and legality of such information and ZMC bears no liability or responsibility in this regard. In case of sensitive information, you must take utmost care before making it available to other users of the Platform. ZMC reserves the right to remove any and all content in violation of this requirement, and also reserves the right to suspend, delete or deactivate such user’s Peng Account or refuse any service provided by ZMC to such users. 

 

  1. You agree that the Platform shall be used for lawful purposes only and that you will not violate any laws, regulations, ordinances or other such requirements of any applicable central, federal state or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms of Use or make any representation or warranty on behalf of ZMC in any form or manner whatsoever.

 

  1. You shall not take any action that: 

    1. in ZMC's sole discretion, may unreasonably encumber the Platform's infrastructure; 

    2. interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or 

    3. bypasses ZMC's measures that are used to prevent or restrict access to the Platform.

 

  1. Without limiting the generality of these Terms of Use, in using the Services, you specifically agree not to post any content (including reviews, information, updates etc.) or do such acts that, in ZMC’s sole discretion:

    1. is misleading or misrepresentative in any way;

    2. is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful, politically sensitive or otherwise objectionable, invasive of another's privacy, relating or encouraging sedition, money laundering or gambling;

    3. violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

    4. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar Services;

    5. tracks another user’s personal information 

    6. accuses others of illegal products, or describes physical confrontations;

    7. constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

    8. distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment of ZMC or any other users;

    9. decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Platform and removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of the Platform;

    10. encourage criminal conduct or which may give rise to a civil liability or which is unlawful.

    11. harms minors in any way;

    12. threatens the unity, integrity, defence, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation and

    13. violates any law for the time being in force.

  1. Your use of Services:

 

  1. You acknowledge that ZMC does not make any representations and/or any warranties in respect of the Services and any information / content on the Platform and as to the legal title, creditworthiness, identity, validity, etc. of any of the information / content on the Platform. You are hereby advised and instructed to independently verify the bona fides of any particular service that you choose to avail on basis of the information provided on the Platform and use your best judgment in that behalf. ZMC accepts no liability, whether on behalf of itself or any third parties, in respect of the information and content on the Platform. All the offers provided on the Platform including any third-party offers are subject to the respective party terms and conditions and ZMC takes no responsibility or liability for such offers.

 

  1. You understand that the information you share in the public mode will be visible to other users of the Platform which includes the location where you shared the information from. If the information is shared in private mode, your username is hidden but your handle name will always be visible. If you do not want to disclose your handle name / username / location tag, then you should not post on the Platform. You should not endanger yourself or others by viewing a portable mobile device while driving, operating dangerous mechanical devices, or in other situations in which you should be observing your surroundings.

 

  1. You understand and acknowledge that ZMC attempts to be as accurate as possible in the description of the Services on the Platform. However, ZMC does not, in any manner, warrant that the Services, information / content available on the Platform is complete, current, reliable, accurate, or error-free in all aspects. The Platform may contain errors or inaccuracies and may not be complete or updated. Further, you understand that any pictures uploaded on the Platform are simply indicative and may not exactly match in reality. ZMC accepts no liability whether on behalf of itself or any third parties in respect of the , the content / information posted on the Platform.

 

  1. You agree that ZMC has neither made any representation or warranty as to the specifics (such as quality, value, merit, worth, utility, saleability, etc.) of the Services / information. / content offered and/or extended on the Platform nor does it implicitly or explicitly support or endorse the any services on the Platform. ZMC accepts no liability of any nature whatsoever, including but not limited to any claims or liability arising from availing the Services, whether on behalf of itself, other users or any third parties. You expressly release us, our subsidiaries, affiliates, and our owners, partners, directors, managers, officers, employees, staff, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders from any claim, complaint, cause of action, controversy, or dispute and / or damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against ZMC or any third party.

 

  1. In the event you post any review, rating and/or feedback on the Platform of any service availed by you, you shall be considered the sole author of that review; rating and/or feedback. You represent that the review, rating and/or feedback shall reflect your actual experience of the Services. You shall not be paid or otherwise remunerated in connection with your authoring or posting of the review, rating and/or feedback and you should have had no financial, competitive, or other personal incentive to author or post the review, rating and/or feedback that was not a fair expression of your honest opinion.

 

  1. The Platform is for personal use only. You shall not use the Services or any content contained in the Platform (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered on the Platform. You shall not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Platform and Services for any purpose except with ZMC’s express consent (such as for promoted profiles, promoted events or other advertisements), which ZMC may provide or deny in its sole discretion. ZMC may further investigate and take any available legal action in response to illegal or unauthorized uses of the Platform.

 

  1. Except as otherwise described in the Privacy Policy, as between you and ZMC, any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of content. You acknowledge and agree that your relationship with ZMC is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any content on the Platform or to ZMC does not place ZMC in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of ZMC, and ZMC will not be liable for any use or disclosure of any content you provide.

  1. Provision of Services by ZMC:

 

  1. ZMC shall provide you with the Platform where you can avail the Service by submitting reviews / information / content that may be informative, entertaining and helpful to other users. The Services may allow you to access, use or interact with third party websites, apps, content and other products and services. The information / content provided to you with respect to any social information or any event is purely for informational purposes and ZMC is not responsible for such information / content provided either by the user or any third party, in any manner whatsoever. 

 

  1. To use our Services, you will require internet connectivity and / or appropriate telecommunication links. Our Services do not include the provision of any mobile, computer system, resource, terminal, server, equipment or any devices necessary to use the Services. We shall not have any responsibility or liability for any mobile, computer system, resource, terminal, server, equipment or any devices necessary for the user to access our Platform or avail the Services nor shall we be liable for any costs incurred from your use of internet and / or appropriate telecommunication links. You are responsible for all carrier data plans and other fees and taxes associated with your use of our Services. ZMC reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time on the Platform without prior notice to you. 

 

  1. The event information which may be based on third party API data available over the web and displayed on the Platform or any event information posted by any user and made available on the Platform is subject to change without prior notice and at the sole discretion of the author / host of such event. In the event, such event is cancelled / rescheduled / postponed, you might not be notified by ZMC or the user / author / host of such cancellation / rescheduling / postponement of the event. In such an instance, ZMC shall not be liable to pay any damages owing to such cancellation / rescheduling / postponement of the event.

 

  1. While ZMC reserves the right to remove any content from the Platform, ZMC shall have no control on the actions, comments and/or content posted by any user and does not guarantee the accuracy, integrity, effectiveness or quality of any actions, comments and / or content and shall not be responsible and/or liable in any manner for the same.

 

  1. The Platform may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on the content of information stored on the Platform, searches conducted on the Platform by you or other relevant information. The manner, mode and extent of advertising by ZMC on the Platform is subject to change without specific notice to you.

 

  1. Part of the site may contain advertising information or promotional materials or other materials submitted to ZMC by third parties. Responsibility for ensuring that materials submitted for inclusion on the Platform complies with applicable laws is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Platform and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. ZMC will not be responsible or liable for any error, omission, inaccuracy in any advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Platform

 fees and taxes

  1. Your access to the Platform and provision of the Services to you is currently not chargeable. However, ZMC reserves the right to charge a fee in any manner it deems fit, for your use / access to the Platform after duly notifying you in advance in this regard.

 

  1. ZMC shall not, in any situation whatsoever, provide a refund for their Services except as otherwise authorised by the law. ZMC shall also have the right to refuse or cancel the Service orders, if any.

 

  1. You agree that You shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments, if any, in respect of your use of the Platform. ZMC has the right to charge fees and all the taxes as per applicable by law on the use of Services on the Platform. ZMC further reserves the right to alter such fees from time to time, without prior notice to you.

 Termination from the Platform:

 

  1. ZMC may suspend or terminate your Peng Account and deny access to the Platform at ZMC’s sole discretion if:

    1. any information provided during the registration process or thereafter proves to be false, inaccurate, not current or incomplete; 

    2. it is believed that your action may cause legal liability for other users or ZMC and/or 

    3. you are found to be non-compliant with these Terms of Use, Privacy Policy and any other documents incorporated by reference herein.

 

  1. You agree that any termination of your access to the Platform may be effected without prior notice and you acknowledge and agree that ZMC may immediately deactivate or delete your Peng Account and all related information and/or bar any further access to your Peng Account or the Platform. If you avail of the Services in violation of these Terms of Use, ZMC may, at its sole discretion, retain your all data collected prior to such termination. Further, you agree that ZMC shall not be held liable to you or any third party for discontinuation or termination of your access to the Platform and Services. 

 

  1. You agree that you will not create another Peng Account without our permission in the event your Peng Account has been deleted or deactivated for the violation of these Terms of Use. 

 

  1. You shall be permitted to have only one Peng Account and shall not be permitted to create multiple accounts. If multiple accounts are found which are operated by you, ZMC reserves the right to suspend such multiple accounts without being liable for any compensation to you.

 

  1. You can delete your Peng Account at any time by following the instructions in ‘Settings’ on the Platform. Upon termination of your Peng Account or access to our Services, your Peng Account will be deactivated. After deactivation, your Peng Account, along with your handle name and username, will be no longer viewable on the Platform. For a maximum period of 30 days after deactivation it will be possible to restore your Peng Account if it has been accidentally or wrongfully deactivated. On expiry of 60 (sixty) days, your Peng Account will be permanently deleted.

 

  1. You agree to indemnify and hold ZMC, its officers, managers, members, affiliates, successors, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination of your Peng Account and access to the Platform.

  1. Modification / Amendment to the Terms of Use:

 

  1. ZMC reserves the right, at its sole discretion, to change, modify, or otherwise amend these Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other business purposes, at any time, and ZMC shall post the amended Terms of Use here at [●]. It is your responsibility to review these Terms of Use for any changes and you are encouraged to check these Terms of Use frequently. Your use of the Platform following any amendment of these Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.

  1. Third Party Associates and their services

 

  1. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. ZMC does not control any of these third-party web services or any of their content. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

 

  1. You expressly acknowledge and agree that ZMC is in no way responsible or liable in any manner whatsoever for any such third-party services or features available on or through the Platform. Your correspondence, attendance of events and / or any business or other dealings with third parties found through the Platform are solely between you and such third party.

 

  1. You understand and agree that ZMC shall associate with Google LLC in relation to the maps and google place feature on the Platform. You understand and agree that Google LLC and its licensors and their suppliers (as may be applicable) own all legal right, title, and interest in and to the Google Maps and Google Place that are used by us to provide our Services,. You will be bound by and have to abide by the terms and privacy policies of Google LLC available at “https://policies.google.com/terms?hl=en” and https://policies.google.com/privacy?hl=en respectively, when availing our Services.

 

  1. You further understand and agree that ZMC shall associate with Entercom Communications Corp /Eventful in relation to the third party APIs for events. You understand and agree that Entercom Communications Corp/Eventful and its licensors and their suppliers (as may be applicable) own all legal right, title, and interest in and to the Eventful platform that is used by us to provide our Services. You will be bound by and have to abide by the terms and conditions of Entercom Communications Corp/Eventful available at https://losangeles.eventful.com/events when availing our Services.

  1. Disclaimer of Warranties, Limitation of Liability, and Indemnification:

 

  1. ZMC shall strive to ensure that all the information on the Platform is accurate, but ZMC neither warrants nor makes any representations regarding the accuracy, completeness, usefulness, safety, or intellectual property rights of any data or information / content contained on the Platform or the content of any third party sites linked to our Services or made available on the Platform. ZMC makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained on the Platform. You further acknowledge and understand that you may be exposed to content that is inaccurate, offensive, or objectionable since ZMC does not screen or investigate third party material before or after including it on the Platform. In no circumstances shall ZMC be liable for any incident that occurs due to any event hosted or information made available on the Platform. Further ZMC expressly disclaims any liability with respect to any negative comments, reviews and / or ratings that any user may put up on the Platform or otherwise.

 

  1. ZMC does not warrant, endorse, guarantee or assume responsibility for any product, event or service advertised or offered by any user of the Platform or by a third party through our Services or any hyperlinked website or any product, event or service featured in any banner or other advertising on the Platform or related third party links. ZMC shall not in any way be responsible for monitoring any transactions between you and any third-party service providers whether the same are advertised or offered on the Platform or not. 

 

  1. Although ZMC makes reasonable efforts to ensure that the description and content on the Platform is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein.

 

  1. Please note that there could be risks in dealing with underage persons or people acting under false pretense.

 

  1. ZMC does not endorse any advertiser on its Platform in any manner. The User is requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

  1. In no event shall ZMC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: 

    1. the use or the inability to use the Platform and Services and any information contained on the Platform;

    2. unauthorized access to or alteration of any user's transmissions or data; 

    3. any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. 

 

  1. Neither shall ZMC be responsible for the delay or inability to use the Platform, the provision of or failure to provide Services, or for any information and services obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, ZMC shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond ZMC's control. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

 

  1. You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk and you will be solely responsible for any damage to your devices or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from

    1. breach of contract, 

    2. breach of warranty, 

    3. negligence, or 

    4. any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

    5. Without prejudice to the above, the maximum liability on part of ZMC arising under any circumstances mentioned at clause 10.8 above, in respect of any Services offered on the Platform, shall be limited to refund of the total amount received from the user during sign-up for availing the Services, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever.

 

  1. The Services provided by ZMC are controlled and offered in the country of India only and if you avail the services outside India, ZMC shall not make any representations in respect of the contents or features that are available or otherwise suitable outside India. If the use of Services by you is in the location outside India, it shall be your responsibility to ensure that the use of our Services is legal and valid under the laws of the country from where you are using our Services. You agree to undertake all liabilities, responsibilities and consequences, if any, in connection with the use of our Services from or in any location outside India under the law of that country ZMC shall not be liable for any of the consequences arising out of your unauthorized use.

 

  1. ZMC shall not be liable or responsible for any kind of direct, indirect, solicited or unsolicited communication made by any user to another user or third party based on the information or content posted, uploaded, transmitted, transferred or sent through or by using our Services.

 

  1. You agree to indemnify, defend and hold harmless ZMC from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ZMC that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use and any other documents incorporated by reference herein or for any acts by you.

  1. Intellectual Property Rights

 

  1. ZMC is the sole and exclusive copyright owner of the Platform. Further all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights relating to the Platform shall vest at all times in ZMC. ZMC states that the Platform has been developed, compiled, prepared, revised, selected, and arranged by ZMC through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ZMC. ZMC expressly states that the data on the Platform is reflected ‘as is’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, including any commercial purpose, without the prior written consent of the respective owners. ZMC reserves all rights not expressly granted in and to the Platform. Further, all intellectual property rights in the content posted by users of the Platform vest with such respective users. ZMC does not claim any ownership for the information/content that you provide on your Peng Account, the intellectual property rights in respect of the same vests with you.

 

  1. In order to operate and provide our Services, you grant ZMC a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, perform and communicate to the public, the information (including the content) that you post, upload, submit, recommend, store, send, or receive on or through our Platform and Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture, transmit your messages, store your posts and events on our servers, and otherwise as described in our Privacy Policy). You consent to the use and sharing of your data and information in the manner as aforesaid for availing the Services through our Platform.

 

  1. By posting, uploading or recommending any material or information on our Platform, you confirm that your respective information is an original work and is not an infringement of proprietary rights of any third parties. You agree to compensate us for any loss or damage we may suffer from any third-party claim arising from a breach of your aforesaid undertaking. We are not liable to pay or compensate you with respect to any material or information posted or recommended on our Platform, in any manner whatsoever.

 

  1. We grant you a limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use our Platform, subject to and in accordance with these Terms. This license is for the sole purpose of enabling you to use our Platform, in the manner permitted by these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you as specified in these Terms.

  1. Miscellaneous

 

  1. Translation of the Terms of Use: 

 

ZMC may, at its sole discretion, provide a translation of the English version of the Terms of Use into other languages. You understand and agree that any translation of these Terms of Use into other languages is only for your convenience and that the English version shall govern the terms of the User’s relationship with ZMC. Furthermore, if there are any inconsistencies between the English version of the Terms of Use and its translated version, the English version of the Terms of Use shall prevail over others.

 

  1. Suggestions/Feedback:

 

If you send or transmit any communications, comments, questions, suggestions, or related materials to ZMC (collectively referred to as “Suggestions”) in any manner whatsoever, suggesting or recommending changes to the Platform, or the Services including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, and ZMC shall be free to use for any purpose whatsoever, without any attribution or compensation to you, such Suggestions including but not limited to, developing, licensing, marketing, advertising and selling, directly or indirectly the Services. You understand and agree that ZMC is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented. 

 

  1. Updates:

 

For purposes of service messages and notices about our Services to you, our Services may place a banner notice across its pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may be in the form of an email from our Platform to you. You agree that our Platform may communicate with you through your Peng Account or through other means including your email id or mobile number to inform you of special offers, updates, upgrades, or such other matters. You are required to update your account settings regularly to ensure that our service messages and notices are received by you in a timely and accurate manner

ZMC (including associates and partners and your respective owners, partners, directors, managers, officers, employees, staffs, operators, agents, licensors, affiliates, associates, subsidiaries and shareholders) shall have no liability for your non-receipt of our service messages and notices.

 

  1. Headings: 

 

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use or the right to use the Platform by you in any manner whatsoever.

 

  1. Waiver:

 

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. No failure or delay by ZMC in exercising any right, power or privilege under these Terms of Use shall operate as a waiver of such right or acceptance of any variation of these Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. you must commence any legal action against ZMC within 30 (thirty) days after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ZMC to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

 

  1. Assignment

 

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. However, you will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.

 

  1. Notices:

 

All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email (with acknowledgment of complete transmission) to the following address:

  1. If to ZMC, at [●].

  2. If to a user, at the communication and/or email address specified at the account registration page.

The Notice shall be deemed to have been served 48 (Forty Eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.

 

  1. Force Majeure: 

 

Neither ZMC nor the user shall be liable to the other for any delay or failure in performance under these Terms of Use, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

 

  1. Governing Laws and Jurisdiction:

 

These Terms of Use shall be governed and construed by the laws of India, without regard to its conflict of laws principles and in case of any dispute that arises between you and ZMC in whole or in any part of the Services then the competent courts in Mumbai shall have exclusive jurisdiction.

 

  1. Relationship between the parties:

 

None of the provisions of these Terms of Use shall be deemed to constitute a partnership or agency between ZMC and you and you shall have no authority to bind ZMC in any form or manner, whatsoever.

 

  1. Entire Terms of Use: 

 

These Terms of Use, together with the Privacy Policy and any other legal notices or additional policies published by ZMC on the Platform, shall constitute the entire agreement between you and ZMC. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

 

  1. Contact Us:

 

If you have any questions about these Terms of Use or ZMC, you may email our grievance officer at [●] or write to us at [●].

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Privacy policy

Last updated on: [02/sept./2021]

 

Peng is operated and provided to you by ZMC Tech LLP, a limited liability partnership having its registered office at office at 138 B, Mittal Towers, Nariman Point, Mumbai 400021 (“Peng”, “we”, “us” and “our”). We value your privacy and are committed in protecting it. This privacy policy (“Policy”) describes the policies and procedures on collection, use, disclosure and protection of the information that we collect about you when you access or use our Platform and how we use and disclose that information.

 

Please read this Policy before using the Platform or submitting any of your personal information to Peng. This Policy applies only to the information that Peng collects through its Services, in email, text and other electronic communications sent through or in connection with its Services. 

 

This Policy is a part of and incorporated within the Platform, and is to be read along with the Terms of Use which can be accessed at [●]. Your use of the Platform and/or Services and any personal information you provide on the Platform remains subject to the terms of the Policy and Terms of Use. 

 

By using the Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with any of the terms of the Policy, please do not use or access the Platform.

 

Capitalized terms used herein and not separately defined (including but not limited to “Services”, “Company”, “Platform”, “Peng Account”) shall have the meaning ascribed to such terms in the Terms of Use.

 

 

Collection of your information and how we use it 

 

You are required to create an account to be able to use or access the Services on our Platform. We collect and process the following information about you:

 

  1. Your personal information: The information we collect on or through our Platform may include personal information which may be accessible to all the visitors using the Platform. This means the information you submit when you create or update your Peng Account may include your personal contact details (such as full name, email, phone number, etc.), handle / user name, password, address, location details, personal identification details and other similar contact data. Your handle name will be publicly displayed as part of your Peng Account whenever you post an event, review or any content. All posts, reviews of posts or events made in public mode will disclose your handle name. Anonymous content cannot be posted. We do not support anonymity. This information is partially or completely accessible to all visitors using the Platform either directly or indirectly when they create an account on the Platform. The information gathered through this Platform will be utilized to ensure greater delivery of services and customer satisfaction to you. The type of personal information that we collect from you varies based on your particular interaction with our Platform.

 

  1. Your search and browsing information: We may track the search terms you have looked up through the search function and results you have selected, number of clicks, information and pages viewed and searched for, how long you used our Services and which features you used. This helps us determine which Services you like the best and the services we may want to enhance.

 

  1. Your device information: We may collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information. Analytics companies may use mobile device IDs to track your usage of the Platform. Our applications also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

 

  1. Your location information: When you sign up for our Services, we may collect and process information about your precise or approximate location as determined through data such as your device’s GPS location, IP address. This location-based information is recorded to inform you about the upcoming events or the social information in your area/neighbourhood as may be available on the Platform. Our Platform will collect real-time information about the location of your device. We keep this data for no longer than is reasonably necessary for providing Services to you.

 

  1. Your information on other platforms: We also receive information about you through various social networking platforms and you agree and consent to the use of your personal information received by us for the aforesaid purposes.

 

 

Collection of automatic information and use of cookies 

 

We and the third-party service providers whom we partner with, may automatically collect certain information about the computer and devices (including mobile devices) you use to access the Services on our Platform, even if you use the Services without registering. 

 

  1. Information of your use: We may collect information about your use of our Services on the Platform including location data, logs, your ISP or operating system, your domain name, your access time, information about your devices, internet connection including your IP address, and the type of device that you use (which includes device type, device's unique device identifier, mobile network information and the device's telephone number, etc.) .


 

  1. How we use your information

 

We use the information we collect from and about you for any of the following reasons: 

 

  1. To make available the Platform to you, including registering you for our Services, verifying your identity and authority to enable you to use our Platform;

  2. To maintain and improve the features of our Platform to enable you to enhance your experience with the Services made available through our Platform;

  3. To ensure technical functioning of the Platform, 

  4. To administer and enhance the security of our Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

  5. To communicate with you for Platform related queries and processes and also use your information to respond to you when you contact us and also for sending out promotional e-mails or messages;

  6. To provide you with information about events, content and other services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these events, content and other services;

  7. To improve and maintain our Platform and our Services (such as track your information entered through the "search" function; this helps us determine which areas of our Platform users like best and areas that we may want to enhance; we also will use for trouble-shooting purposes, where applicable);

  8. We may use your demographic information (i.e., age, postal code, residential and commercial addresses, and other various data) to more effectively to further update you about any social information, offers or events that facilitate the promotion of goods and services to appropriate target audiences and for other research and analytical purposes;

  9. For marketing and promoting our Services for which consent is taken appropriately or another appropriate lawful basis for processing is identified;

  10. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us;

  11. We may store audit data about date, IP address, etc. which would be used by us for debugging issues, to enhance your experience, improve content, to measure the usage of Peng App and for safety and security;

  12. We also may compare your personal information collected through the Platform to verify its accuracy with personal information collected from third parties;

  13. Notify you about changes to our Services;

  14. From time to time, Peng may use personal information for new and unanticipated uses not previously disclosed in our Policy. If our information practices change regarding information previously collected, Peng shall make reasonable efforts to provide notice and obtain consent of any such uses as may be required by law.

 

We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. We may use the information we have collected from you to enable us to display advertisements to our advertisers'/third party service providers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. You consent to the sharing of your Personal Information in the manner as aforesaid for availing the Services through our Platform.

 

  1. Global Operations:

 

  1. You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Policy, as well as the transfer and processing of your information to other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. 

 

  1. You shall have a right to withdraw consent at any time for future processing in a case where processing of personal information is based on your consent

 

  1. You shall have right to object to the processing of your personal information and to request access to and rectification of your personal information 

 

  1. You shall have a right to request that your personal information is erased, subject to certain exceptions and

 

  1. You shall have a right to lodge a complaint to the authority under the relevant laws.

 

 

Third Party Services:

 

The Platform may display advertisements from third party which may contain links to third party websites or services. Peng doesn’t own or control these third parties and when you interact with them, you may be providing information directly to the third party, Peng, or both. Please be aware that we are not responsible for the content or privacy practices of these third-party websites or services which may be linked on our Platform. We do not endorse or make any representations about third-party websites or services. Our Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties' privacy policies. We shall not be responsible for any direct communication made by any third party websites or their agents or others with whom you’ are linked with as aforesaid in any means whatsoever including but not limited to telephones, emails, mobile phones, etc. whether it is solicited or unsolicited.

 

 

 

Disclosure and sharing of your information:

 

We may share the information that we collect, or you provide in the following manner:

 

  1. Third party service provider: Peng may share your information with various third-party service providers for a variety of purposes this may include:

    1. Creating and maintaining any account or profile you may have with us;

    2. Delivering content and communicating to you in relation to your Peng Account and alerting you of the latest developments;

    3. To help us analyze our Service usage and user demographics;

    4. Detecting and preventing actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts;

    5. Conducting surveys or contests

    6. Perform product development, maintenance and debugging

 

We work with third party service providers to help us operate, provide, improve, understand, customize, support and market our Services. 

 

  1. To other users: If you are a user sharing information, posts, reviews, photos as to any social information or event, we may share certain personal information with other users of the Platform and our Services.

 

  1. For legal use: We may share your information when we believe in good faith that such disclosure is reasonably necessary: 

 

  1. To comply with the law or in response to a subpoena, court order, government request, or for other legal process.

  2. To produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings;

  3. To protect the interests, rights, safety, or property of Peng or others;

  4. To investigate and address violations of this Policy or the Terms of Use, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Peng, our employees, users, or the public;

  5. Otherwise as permitted under applicable law.

 

  1. Merger / Sale / Reorganisation: Additionally, in the event of a merger, sale or reorganisation, we may transfer any and all information we collect to the relevant third party. We will share some or all of your information with another entity should we merge with, or be acquired by that entity or receive investments from that entity

 

  1. Your Choices :

 

  1. Choice regarding use of your personal information:

 

  1. We may send you push-notifications or the emails from time to time in order to update you about any social information and events that may be posted on the Platform. You may opt-out of such communications you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

 

  1. You can always update your notification settings within your Peng Account by visiting the Notifications section of your Peng Account. Please note that even if you opt-out of marketing communications, we may still need to contact you with important information about your account. For example, even if you opt-out of emails, we may still send you fraud alerts.

 

  1. If you post any contents through our Platform, you should be aware that any personal information you provide could be read, collected, or used by others and your information may be used for sending unsolicited messages or communications for which we are not responsible. In addition, there may be contents on our Platform which may be public and searchable on the internet in which case your posts and information provided on our Platform as aforesaid may be viewed by other users and we cannot guarantee that other users have not made copies of or used the ideas and information that you have shared on our Platform.

 

  1. You agree that any comments, messages, events, reviews posted, uploaded, conveyed or communicated by you through our Platform becomes published content and are not considered personal information or are subject to this Policy. You may request that such information be taken down and, we may attempt to remove any such information if it is technically feasible to do so and as per the applicable laws. Please write to our Grievance Officer on the email id mentioned in our Terms of Use for any such request.

 

  1. Managing, accessing, changing or deleting your information:

 

You may choose to restrict the collection or use of your personal information in the following ways:

 

  1. You may access, review, correct, update and delete your personal information (may be limited) by logging into your Peng Account. You are responsible for keeping your personal information up-to-date. The data we collect depends upon the choices you make and the privacy setting you opt for. You have the right to withdraw consent at any time, but this will not affect any prior processing of your personal information.

  2. You can delete your Peng Account at any time by following the instructions in ‘Settings’ on the Platform.

  3. You may request us to delete personal information about you that is inaccurate, irrelevant or incomplete (and which you cannot update yourself within your Peng Account) for legitimate purposes or which infringes any applicable legal requirements.

  4. Upon your request we will close your Peng Account and remove your personal information from view as soon as reasonably possible based on your account activity. Once we have deleted or removed your Peng Account, you agree that Peng shall not be responsible for any personal information that was not included within your deleted and/or removed Peng Account that remains on the Platform.

 

  1. Account Protection:

 

  1. When creating your password please use unique numbers, letters and special characters. We ask you not to share your password with anyone, if you do so, you are solely responsible for all the actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us and change your password.

 

  1. If you know or have reason to believe that your Peng Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Peng Account please write to our Grievance Officer on the email id mentioned in our Terms of Use.

 

  1. If you are below 18 years of age you should not use or access our Platform unless supervised by your legal guardian. We do not knowingly collect personally identifiable information from individuals under 18 years. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. If we become aware that an individual under 18 years has provided us with personal information, we will delete such information from our files. By availing our Services and using our Platform, you represent and warrant that you are 18 years of age or older or are being represented by your legal guardian who is at least 18 (Eighteen) years of age.

security:

 

  1. We are very concerned with the safeguarding your information. We employ reasonable measures designed to protect your information from unauthorised access as mentioned in this Policy. However, there are inherent risks in using the Internet and mobile applications, and we cannot guaranty that your information will be 100% secure.

 

  1. We have implemented appropriate physical, administrative, technical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. 

 

  1. We avail the services of reputed international third-party service providers for processing data and cloud storage who would have in place adequate and reasonable security systems and measures to protect personal data. You may wish to read the privacy policies of Back4App and Amazon Web Services on https://www.back4app.com/privacy.pdf and https:// aws.amazon.com/privacy/ respectively with whom we have partnered to process, safeguard and store your data

 

  1. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. Despite our best efforts, however, no security measures are perfect or impenetrable. In the event where you believe your privacy has been breached, please write to our Grievance Officer on the email id mentioned in our Terms of Use immediately.

 

Termination and Peng Account retention: 

  1. You can close your Peng Account by visiting your ‘Settings’ page on the Platform. We will remove your public posts from view and / or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Policy unless prohibited by law. 

 

  1. We may retain your information in our server logs, our databases and our records for as long as necessary in light of the purposes set out in this Policy, subject to any legal obligations to further retain such information. We may retain your verification-related information for a reasonable period of time, even if you do not complete all verification steps, to assist with future verifications and to prevent abuse of our verification processes. If you decide not to verify the account and would like us to delete the verification information you provided, please write to our Grievance Officer on the email id mentioned in our Terms of Use.

 

Amendment.

 

  1. Our Policy may change from time to time, so please visit this Policy regularly. If we make any materially changes to this Policy, we will post the changes here and notify you of the change through e-mail. Please review the changes carefully. If you continue to access or use Peng after the date any revised Policy comes into force, you will be deemed to have consented to the revised Policy.

 

  1. Governing Laws and Jurisdiction:

 

  1. This Policy shall be governed and construed by the laws of India, without regard to its conflict of laws principles and in case of any dispute that arises between you and the Company in whole or in any part of the Services then the competent courts in Mumbai shall have exclusive jurisdiction in this regard.

 

  1. Contact us:

 

  1. If you have any questions about this Policy or Peng, you may email us at [●] or write to us at [info@zmctech.in]

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