This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) Pinnpointer private limited (“Pinnpointer,” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.pinnpointer.com or any part of the rest of the Site (defined in the site terms of use) or the Site Services (defined in the Site Terms of Use)
Subject to the conditions set forth herein, Pinnpointer may, in its sole discretion, amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the Site. Pinnpointer will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SITE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY ALTOGETHER.
By registering for an account to use the Site or Site Services (an “Account”) or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
Pinnpointer reserves the right to decline a registration to join Pinnpointer or to add an Account of any type (i.e., as a Client or Freelancer or micro influencer), for any lawful reason, including any other business considerations.
If you create an Account as a representative on behalf of any company including but not limited to any Partnership firm, Limited Liability partnership and/or any international entity, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company with Pinnpointer.
By registering with PINNPOINTER and using the App/website Services, you are representing the following:
If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Pinnpointer does not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
Please be aware that Pinnpointer reserves the right to revoke your access to the PINNPOINTER website or App Services, subject to our reasonable discretion. In this regard, we may also choose to suspend your PINNPOINTER Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users which shall be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
Below are the types of account which we will offer and you may register for one account type.
You can register for an Account or add an Account type to use the Site and Site Services as a Client (a “Client Account”).
You can register for an Account or add an Account type to use the Site and Site Services as a Freelancer (a “Freelancer Account”).
Team of individuals/ or a person admin to the team or a company handling any of such teams with Freelancer or micro influencers.
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Pinnpointer. You authorize Pinnpointer, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When verification is successfully completed, Account features will be restored.
Each person who uses the Site must register for their own Account. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person.
The Site is a marketplace where Clients and Freelancer or micro influencers can identify each other and advertise, Purchase, and sell Freelancer or micro influencer Services online. Subject to the Terms of Service, Pinnpointer provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract.
Pinnpointer makes the Site and Site Services available to enable Freelancer or micro influencers and Clients to find and transact directly with each other. Pinnpointer does not introduce Freelancer or micro influencers to Clients, select Projects for Freelancer or micro influencers, or select Freelancer or micro influencers for Clients. Through the Site and Site Services, Freelancer or micro influencers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Freelancer or micro influencers that may offer the services they seek; at all times, only if necessary (but the personal information of Freelancer or micro influencer will be classified until Pinnpointer decides to share it) however, Users are responsible for evaluating and determining the suitability of any Project, Client or Freelancer or micro influencer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and Pinnpointer is not a party to that Service Contract.
You acknowledge, agree, and understand that Pinnpointer is not a party to the relationship or any dealings between Client and Freelancer or micro influencer. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Freelancer or micro influencer Services; and/or (e) paying for Freelancer or micro influencer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including detailed Information.
Pinnpointer makes no representations about and does not guarantee, and you agree not to hold Pinnpointer responsible for, the quality, safety, or legality of Freelancer or micro influencer Services; the qualifications, background, or identities of Users; the ability of Freelancer or micro influencers to deliver Freelancer or micro influencer Services; the ability of Clients to pay for Freelancer or micro influencer Services; User Content and statements or posts made by Users; or the ability or willingness of a Client or Freelancer or micro influencer to actually complete a transaction. While Pinnpointer may provide certain badges on Freelancer or micro influencer or Client profiles as a Certified Account, such badges are not a guarantee or warranty of quality or ability or willingness of the badged Freelancer or micro influencer or Client to complete a Service Contract and is not a guarantee of any kind, including, the quality of Freelancer or micro influencer Services or Client Project.
You also acknowledge, agree, and understand that Freelancer or micro influencers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Freelancer or micro influencer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Pinnpointer, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or Employee state insurance); (ii) Pinnpointer will not have any liability or obligations, including under or related to Service Contracts and/or Freelancer or micro influencer Services for any acts or omissions by you or other Users;
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable.
User acknowledges and agrees that User is solely responsible (a) for all tax liability associated with payments received from another User’s and through Pinnpointer, and that Pinnpointer will not withhold any taxes from payments to User; (b) for determining whether User is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the User Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; In the event of an audit of Pinnpointer, User agrees to promptly cooperate with Pinnpointer and provide copies of User’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing User is engaging in an independent business as represented to Pinnpointer.
If a Client and Freelancer or micro influencer decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Client and Freelancer or micro influencer. Client and Freelancer or micro influencer have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Pinnpointer is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Pinnpointer and any User or a partnership or joint venture between Pinnpointer and any User.
For disputes arising between Clients and Freelancer or micro influencers, you agree to abide by the dispute process that is explained in the Escrow Instructions that apply to your particular Service Contract. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Pinnpointer will not and is not obligated to provide any dispute assistance beyond what is provided in this agreement.
Fees from freelancer or micro influencer shall be decided upon the project undertaken by them or offered by the client and it shall be separately enumerated at the time of service agreement and work orders.
Fees from Client shall be decided upon the project offered by them to the freelancer or micro influencer and it shall be separately enumerated at the time of service agreement and work orders.
Pinnpointer may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the Freelancer or micro influencer (the "Taxes"). In such instances, any amounts Pinnpointer is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Pinnpointer under the Terms of Service.
Users agree to use the communication services available on the Site or 3rd party sites or app made available by Pinnpointer (E.g. Zoom Google meet) to communicate with other Users prior to entering into a Service Contract. You agree that prior to entering into a Service Contract, you (a) will use Pinnpointer as the sole manner to communicate with other Users; (b) will not provide your Means of Direct Contact (either define below) to any other User or another person that you identified or were identified by through the Site; (c) will not use Means of Direct Contact of another user to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of Pinnpointer; (d) will not ask for, provide, or attempt to identify through public means the contact information of another User; and (e) you will not include any Means of Direct Contact (defined below) or means by which your contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the Site’s communications services (including in each case in any attached file), except as otherwise provided on the Site.
For purposes of the Terms of Service “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, or Facebook, or any other website or application available in the market for the purpose of communication . For the avoidance of doubt, information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a website that included an email address or identifying you on social media, such as through Facebook or Linkedin.
Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to Pinnpointer upon request. Nothing in this subsection requires or will be construed as requiring Pinnpointer to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Pinnpointer’s part to store, backup, retain, or grant access to any information or data for any period.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PINNPOINTER MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINNPOINTER DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TUSERE, AND NON-INFRINGEMENT.
In no event shall Pinnpointer, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Pinnpointer has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the App or App Services.
In no event shall Pinnpointer’s total cumulative liability to You in connection with the App Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees Pinnpointer has actually received and retained from user against any transaction.
9.1 The User shall indemnify and hold harmless the PINNPOINTER in respect of any and all claims, demands, liabilities, damages, fines, encumbrances, liens, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, and costs and expenses of investigation which may be incurred or suffered by the Pinnpointer as a result of or arising out of prosecuting, defending, settling or investigating:
9.1.1 any threatened, pending, or completed claim, demand, inquiry, investigation, action, suit or proceeding, whether formal or informal or brought by the USER or otherwise and whether of a civil, criminal, administrative or investigative nature, in which the Pinnpointer may be or may have been unnecessary made as a party or otherwise;
9.1.2 any expense, interest, assessment, fine, tax, judgment or settlement payment arising out of or incident to any of the matters indemnified against in this Agreement including reasonable fees and disbursements of legal counsel, experts, accountants, consultants and investigators (before and at trial and in appellate proceedings).
9.1.3 This is further agreed by that USER that it shall indemnify, defend or prosecute and hold the Pinnpointer harmless from all costs and liability arising from any Third Party Claim and demonstrating to the satisfaction of the Pinnpointer the financial wherewithal to accomplish such indemnification, the USER may at its own expense undertake full responsibility for the defense or prosecution of such Third Party Claim and to compensate Pinnpointer all cost and damages.
9.1.4 If by reason of any Third Party Claim a lien, attachment, garnishment or execution is placed upon any of the property or assets of the Pinnpointer, the USER shall promptly furnish a satisfactory indemnity bond to obtain the prompt release of such lien, attachment, garnishment or execution.
Notwithstanding the other provisions of this Agreement to the contrary, if the Pinnpointer has incurred any cost, damage or expense under this Agreement paid to or for the benefit of the USER, the USER shall and does hereby undertake in such circumstances to reimburse the Pinnpointer for any and all such amounts previously paid to, or for the benefit of the USER.
Unless both you and Pinnpointer expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to claim.pinnpointer@gmail In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. Pinnpointer is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact ANY SERVICE CONTRACT OR PROJECT ENTERED INTO BETWEEN USERS. If you attempt to terminate this Agreement while having one or more open Projects, you agree (a) you hereby instruct Pinnpointer to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) Pinnpointer will continue to perform those Site Services necessary to complete any open Project or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to Pinnpointer for any Site Services or such other amounts owed under the Terms of Service and to any Freelancer or micro influencers for any Freelancer or micro influencer Services.
IF PINNPOINTER DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, PINNPOINTER HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT PINNPOINTER WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Pinnpointer will have no liability whatsoever. Pinnpointer, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
As per of Arbitration and Conciliation Act, 1996.
Any dispute, controversy or claims arising out of or relating to this AGREEMENT or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by User, a second arbitrator appointed by “PINNPOINTER” and a third arbitrator to be appointed by such arbitrators.
The place of arbitration seat shall be at Mumbai and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made in Mumbai, India.
The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law.
The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply.
The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration AGREEMENT in this Clause, shall be governed by and be subject to Indian law, and upon the consent of both the parties the AGREEMENT shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
It is agreed by the Pinnpointer that USER shall not be liable for any failure or delay in performance of any obligation under this Agreement to the extent such failure or delay is due to fire, strike, lockout, war, civil commotion, labor unrest such as but not limited to gherao, acts of God, changes in law, regulations or policies of the Government, the Reserve Bank of India or other regulatory authority acts beyond the control of the Party, or for any other reasons which cannot reasonably be forecast or provided against, any of which affects the Pinnpointer to provide it services.
The USER relationship with Pinnpointer will be that of an independent contractor sharing a principal to principal relation with each other and nothing in this Agreement should be construed to create or imply a partnership, agency, joint venture or employer-employee relationship with each other.
It is expressly understood by the parties to the agreement that PINNPOINTER is a mere Service Provider to the USER through this website and not in any other capacity whatsoever it may be called. It is further agreed to by the parties to the agreement that PINNPOINTER is not performing any activity or job or providing service on behalf of which tantamount to it being a employer or agent.
Any waiver by either Party of a breach of any provision of this Agreement by the other Party shall not be construed as a waiver of any other or subsequent or preceding breach by the other said Party. No waiver by either Party of any right under this Agreement shall be construed as a waiver of any other right which the Party may have under this Agreement, in law or in equity.
In the event that any provision of this Agreement shall be deemed by any court having jurisdiction thereon to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of any other term or condition of this Agreement. If any provision of this Agreement shall be deemed by such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent such shall deem necessary to make it enforceable, and if any provision shall be deemed inapplicable by any such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.
Any terms and conditions that by their nature or otherwise reasonable should survive expiration or termination of this Agreement, shall be deemed to survive the expiration or termination of this Agreement. Such terms and condition include but are not limited to Indemnification, Confidentiality, Payment Terms, Relationship, Liability, Jurisdiction, Governing Laws and Dispute Resolution.
Neither Party shall assign its rights or obligations under this Agreement without the prior written permission of the other party and any attempt to do so shall be void. Any such assignment consented to by the Parties shall be confirmed vide written confirmation signed by Parties including assignee to the said effect.
This Agreement shall be governed by, and construed in accordance with the laws of India Both Parties grant sole and voluntary consent to the exclusive and only jurisdiction of Mumbai for any dispute arising out of this Agreement.
That the USER and PINNPOINTER herein through this agreement give their consent to the exclusive jurisdiction of the courts located in Mumbai only in case of determination of any dispute arising out of this agreement.
This Agreement constitutes the entire agreement between the Parties including its schedules, annexure, exhibits and addendums thereto and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.
These Pinnpointer Site Terms of Use (“Site Terms of Use”) apply to the Pinnpointer website located at www.pinnpointer.com, and all affiliated websites and applications, including mobile websites and mobile applications, owned and operated by Pinnpointer and our group partners (“Pinnpointer”, “we”, or “us”) (collectively, the “Site”). These Site Terms of Use describe the conditions under which users of the Site, whether registered (“Users”) or unregistered (“Site Visitors”) (collectively and individually, “you”), are allowed to access or use the Site. Please read these Site Terms of Use carefully before visiting our Site. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Pinnpointer grants you a limited royalty free, non-transferable, limited license to access the Site and Site Services (collectively, the “Services”). This license is subject to and conditioned on compliance with the Site Terms of Use and, to the extent applicable, the rest of the Terms of Service.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Services completely or stop providing certain features without notice.
Pinnpointer may terminate any license it has granted to any Site Visitor or User to access the Services by providing notice, and the termination of such license shall be effective immediately upon Pinnpointer providing such notice.
Pinnpointer is a licensors and retain all intellectual property rights in the Services. The Pinnpointer logos and names are trademarks, symbol, logos of Pinnpointer and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols used in connection with the Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any Pinnpointer trademarks.
When you post User Content on or through the Site or provide Pinnpointer with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you agree to only post or provide User content that does not violate the law or anyone’s rights (including intellectual property rights). You also represent that you have the right, power, and authority to grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not Pinnpointer, is responsible for any User Content including any harms caused to anyone by such User Content.
You will indemnify, defend, and hold harmless Pinnpointer, our company, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of any User Content you post.
You retain all ownership rights in any User Content you post on Pinnpointer. You also grant to Pinnpointer and our successors and Group partners a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content for use in connection with the Site and Pinnpointer’s businesses. You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content as permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service and applicable law.
We have the right, without compensation to you or others, to serve ads near your content and information. Subject to choices you make within your Pinnpointer Profile, we may also mention your use of a feature of the Services, along with your name or photo to promote that feature.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any obligation of compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Pinnpointer does not waive any rights to use similar or related ideas, including those known or developed by Pinnpointer or obtained from sources other than you.
Third parties, including other Users, are responsible for anything posted or linked on the Site.
Any information or content expressed or made available by a third party is that of the respective author(s) or distributor(s) and not of Pinnpointer. Pinnpointer neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Pinnpointer’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application, and you use the links and third-party websites on an “as is” and “as available” basis at your own risk without any warranty from Pinnpointer for any purpose.
Pinnpointer is committed to complying with Indian copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store or disseminate any material or content in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by Indian copyright law.
If you are the owner of any copyrighted work and believe your rights under INDIAN copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Indian Copyright Act by complying with Pinnpointer’s Proprietary Rights Infringement Reporting Procedures.
Pinnpointer offers the Services for your business purposes only and not for personal, household, or consumer use. Pinnpointer makes the Services available for Users to find one another, enter into service relationships, make and receive payments through net banking payment gateways or any other third party apps or sites, and receive and provide professional services. In addition, certain Visitor Site Services may be used to provide and obtain general information that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to informational materials posted on the Site and in no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
You may not use, or encourage, promote, facilitate, instruct, induce, or otherwise influence or cause others: (1) to use the Services for any activities that violate applicable law or for any other fraudulent or harmful purpose or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
The following are examples of uses that are prohibited on or when using the Services:
We reserve the right to investigate any potential violation of any of the terms of use Agreement or any other potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. We do not guarantee we will take action against all breaches of the Terms of Service, and our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may terminate your use of the Site at any time, which will mean you lose the right to access or use the Services. Our rights to use and disclose your feedback, our and Users’ and Visitors’ rights to further re-share content you shared through the Services, and clause 3 of these Site Terms of Use shall survive any such termination, subject to applicable law.
“Client” means any authorized User utilizing the Site to seek and/or obtain Freelancer or micro influencer Services from another User.
“Deep Fake” means media that is altered in order to replace a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.
“Freelancer or micro influencer” means any authorized User utilizing the Site to advertise and/or provide Freelancer or micro influencer Services to Clients, including Freelancer or micro influencer Accounts that are Client Accounts or Client Members. A Freelancer or micro influencer is a customer of Pinnpointer with respect to use of the Site and Site Services.
“Freelancer or micro influencer Services” means any services provided by Freelancer or micro influencers.
“Means of Direct Contact” has the meaning set forth in Section 7 of the User Agreement.
“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become a User through the Site.
“Site Services” means, collectively, all services (except the Freelancer or micro influencer Services defined above), applications and products that are accessible through the Site, including the Public Site Services.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to Pinnpointer, including such information that is posted as a result of questions.
Pinnpointer Private limited (“Pinnpointer”, “our”, “us” or “we”) provides these Proprietary Rights Infringement Reporting Procedures (these “Procedures”) to inform you of our policies and procedures regarding claims of infringement of proprietary rights on our website, mobile app or web app located on the Site and collectively referred to as Site.
These Procedures may be updated from time to time. We will notify you of any material changes by posting the new Procedures on the Site. You are advised to consult these Procedures regularly for any changes.
If you are a proprietary rights owner and you believe Pinnpointer or someone is using Pinnpointer to infringe your proprietary rights, you may provide Pinnpointer with a written notice (the “Notice”) to Pinnpointer's Legal Department as follows:
Attn: Mr. Harsh
Pinnpointer Private Limited
Address: 2nd Floor, 342/348, Ibrahim Abbu Bakar Building, Imperial Compound, Vithalbhai Patel Rd., Mumbai-400004.
Email: claim.pinnpointer@gmail
The Notice fulfills the requirements of the Indian Copyright Act, 1957.
In response to your Notice, Pinnpointer may remove or disable access to the allegedly infringing material, and take such other actions as we deem appropriate in our sole discretion. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a material is infringing.
If we remove or disable access, we will attempt to contact the infringer (if nor Pinnpointer) of the allegedly infringing material so that the infringer may provide a counter notification (the “Counter Notice”) as described hereunder.
Please include the following items in your Notice, and number them as follows:
The owner or administrator of the allegedly infringing material may provide Pinnpointer with a Counter Notice Pinnpointer's addressed to Legal Department as follows:
Attn: Mr. Harsh
Pinnpointer Private Limited
Address: 2nd Floor, 342/348, Ibrahim Abbu Bakar Building, Imperial Compound, Vithalbhai Patel Rd., Mumbai-400004.
Email: claim.pinnpointer@gmail
The Counter Notice fulfills the requirements of the Indian Copyright Act, 1957.
In response to a Counter Notice, Pinnpointer may reinstate the allegedly infringing material. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the proprietary rights of others.
Please include the following items in your Counter Notice, and number them as follows:
Please bear in mind that Pinnpointer cannot give you legal advice. If you have questions about whether certain proprietary rights are valid or whether certain material is infringing, you should contact an attorney/lawyer.
Pinnpointer’s trademarks, service marks and logos (“Trademarks”) represent intellectual property rights owned by Pinnpointer and as such are valued assets of Pinnpointer. These Trademarks, whether registered or unregistered, must be used in accordance with these Trademark Usage Guidelines (“Guidelines”).
Any unlicensed use by you of a Pinnpointer Trademark must be authorized by applicable law without a license and requires proper acknowledgment and strict compliance with the below Guidelines. Any other use of a Pinnpointer Trademark requires an appropriate license agreement. Requests for a trademark license may be submitted to www.pinnpointer.com. By using any Pinnpointer Trademarks, you are acknowledging that Pinnpointer is the sole owner of the Trademarks and agreeing not to interfere with Pinnpointer’s rights in the Trademarks, including challenging Pinnpointer’s use, registration of, or application to register such Trademarks. You agree that you will not harm, misuse, or bring into disrepute any Pinnpointer Trademarks and that the goodwill, if any, derived from your use of any Pinnpointer Trademarks exclusively inures to the benefit of and belongs to Pinnpointer. You may not use any Pinnpointer Trademarks in metatags, search fields, hidden text, or any other form that has the purpose or effect of diverting or confusing consumers without Pinnpointer’s prior written permission.
Other product names or trademarks, including those appearing on Pinnpointer’s websites, that are not owned by Pinnpointer are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by Pinnpointer by implication, estoppel or otherwise to any such third party names or trademarks or to the Pinnpointer Trademarks hereby.
These Guidelines apply to Pinnpointer, customers, licensees, consultants, outside vendors, freelancer, client, agency and other third parties. Note that if you are a licensee of a Pinnpointer Trademark, the license agreement that you signed with Pinnpointer may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.
The list of Pinnpointer Trademarks provided here may be updated with new information from time-to-time and without notice and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a Pinnpointer Trademark from the list does not represent any waiver of any intellectual property rights of Pinnpointer in or to such Trademark. If in doubt about whether or not a particular name, mark or logo is a Pinnpointer Trademark, or if you have any questions about the use of Pinnpointer’s Trademarks, contact Pinnpointer’s support centre or call centre for guidelines.
When referring to Pinnpointer services use the applicable Trademark, and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by Pinnpointer from time-to-time in its sole discretion. Specifically, ensure that you:
When using a Pinnpointer Trademark, ensure that you:
In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you:
Ensure that you include a proper trademark ownership notice that identifies each Pinnpointer Trademark used as being owned by Pinnpointer private limited.
Use of “Pinnpointer” as a Trademark vs. Trade name
“Pinnpointer” is not only a trademark used to identify Pinnpointer’s services; it also serves as Pinnpointer’s company name. Therefore, the word “Pinnpointer” is generally used in two (2) different ways: (i) as a trade name to identify Pinnpointer private limited the company; or (ii) as a trademark to identify its various services. “Pinnpointer” is used as a trade name when Pinnpointer Private limited. the company is taking some action or referenced as having some attribute (e.g. “Pinnpointer announced its earnings for this quarter”). When referenced as a trade name, there is no need to include a trademark symbol after “Pinnpointer”. “Pinnpointer” is used as a trademark when Pinnpointer is an adjective used as a brand name for its products. When referenced as a trademark, include the proper trademark symbol after “Pinnpointer”.