TERMS AND CONDITIONS
Welcome to Plugd Technologies LTD also hereby known as “we”, “us” “they” “our” or “Plugd”. Plugd is a digital delivery and transportation network which operates a software platform along with its related sub-domains, sites, mobile app, services and tools(the “Platform”) matching, amongst other things, customers (the “Customers”) seeking to place orders with the restaurants (the “Restaurant” / “User/Users” / “You/Your”) via the Platform (the “Services”).
Please read the following terms and conditions (“Terms” / “User Agreement”) which govern your access and use of Plugd. These also contain important information about your rights and obligations, as well as limitations and exclusions that apply to your use of Plugd.
By using the Platform, you hereby accept these Terms (including the linked information herein) and represent that you agree to comply with these Terms. This User Agreement is deemed effective upon your use and access of the Platform which signifies your acceptance of these Terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Platform.
You are the sole authorized User of any account (“Account”) you create using the Platform. Your action of successful registration constitutes your acceptance of these Terms. You’ll be liable to pay a subscription fee for opening an account in the Platform. Mere registration creates no entitlement for provision of the Services through the Platform. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating its own data that can be amended at any time from the respective interface of the Platform. Plugd has no responsibility over the use of the User Account and expressly disclaims any liability therefrom. Should a User suspect that any unauthorized party might be using its Account that User is under an obligation to notify Plugd immediately by emailing us at firstname.lastname@example.org. By providing the personal details to Plugd at the time of registration and pursuant to the use of the Platform, the User hereby affirmatively consents to our use of its personal details for contacting it directly in order to perform the Services, including but not limited to occasionally sending notifications via email, text messages with promotional offers, service updates and reaching out to the User to survey regarding the quality of the Platform. Notwithstanding anything contained herein, Plugd at its sole discretion reserves the right to restrict, suspend, or terminate the User’s Account if it is believed that the User is or may be in breach of this User Agreement or applicable law or is misusing the Services.
2. User’s Accounts
Users must be registered on the Platform to access or use our Services. Except with the Plugd’s approval, one User may only register one Account on the Platform. Plugd may cancel or terminate a User’s Account if it has reasons to suspect that a User has concurrently registered or is controlling two or more Accounts. Further, Plugd may reject User’s application for registration for any other reason.
Upon registration on the Platform, Plugd shall assign an account and issue a User ID and password (the latter shall be chosen by a User during registration) to each User (“User ID”). An Account may have a web-based email account with limited storage space for the User to send or receive emails.
Each User ID is unique to each Account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID and for all activities that occur under their Account. No User must share, assign, or permit the use of its User ID by another person outside of the User’s own business. Users agrees to notify Plugd immediately if they become aware of any unauthorized use of their password or account or any other breach of security of their Account.
All Users agree that all the activities that occur under their Account (including without limitation, posting any information, clicking to accept any additional agreements or rules, subscribing to any Services, sending emails using the email account or sending short messaging services) will be deemed to have been authorized by the User.
All Users acknowledge that sharing of their Account with other persons, or allowing multiple User outside of their business to use their Account (“Multiple use”), may cause irreparable harm to Plugd or other Users of the Platforms. Users shall completely indemnify Plugd, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the Multiple use of their Account. Users also agree that in case of the Multiple use of their Account or User’s failure to maintain the security of their Account, Plugd shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s Account without liability to the respective User.
3. Users’ Responsibilities:
All Users represent, warrant and agree that:
The Users shall be required to provide information (the “User Information”) that they shall be required to share. For instance, their name, address, as part of the registration process on the Platforms or their use of any of the Services or the User Account. Each User represent, warrant and agree that:
Upon becoming a User, they consent to the inclusion of the contact information about them in our User database and authorize Plugd and our affiliates to share the contact information with other Users or otherwise use their personal information.
All Users further represent, warrant, and agree that the User content (including but not limited to menu items, prices, operating hours and any other information) that they submit, post or display on the Platform, shall:
The User further represent, warrant and agree that it shall:
Users may not use the Services and User ID to engage themselves in activities which are identical or similar to Plugd’s business and shall in no case whatsoever exploit the Data (as defined below) to target the Customers outside the Platform. In case the User breaches this clause, Plugd shall have the right to terminate the provision of Services to the User and shall have the right to bring any claims against the violation of this clause.
Users agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Plugd’s provision of the Services, evaluating whether the User has breached the Terms and/or handled any complaint against other Users. User’s failure to do so results in delay in, or suspension or termination of, the provision of any Services, Plugd shall not be obliged to extend the relevant Service period nor shall be liable for any loss or damages arising from such delay, suspension, or termination.
Users acknowledge and agree that Plugd shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessed through the Services or Platforms. Plugd does not endorse, verify or otherwise certify the contents of any comments made and other material or information shared by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Users acknowledge and agree that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Platforms and Services are in compliance with the same.
4. Permission to Use the Platform
We grant you a limited permission to access and make personal use of this Platform, but not to download (excluding page caches) or modify the Platform or any portion of it in any manner. This permission does not include any resale or commercial use of this Platform or its contents; any collection and use of any service listings, descriptions, or any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another User; or any use of data mining, robots, or similar data gathering and extraction tools.
This Platform or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission granted by us to you for access to the Platform with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial, personal or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of User Account, Services, reviews, or any existing incomplete business with us and in severe cases may also result in legal action on:
You agree not to undertake any action to undermine the integrity of the computer systems or networks of Plugd and/or any other User nor to gain unauthorized access to such computer systems or networks.
You also agree not to undertake any action which may undermine the integrity of Plugd feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
By posting or displaying any information, content or material on the Platforms to our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Plugd to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platforms, the provision of any Services and/or the business of the User. You confirm and warrant to Plugd that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
5. Conduct of Users
You must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Platform, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Platform for lawful purposes only. You are strictly prohibited from using the Platform:
6. Submissions by Users
Anything that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post comments or reviews to the Platform, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions without any notice or legal course applicable to us in this regard.
7. Breaches by Users
Plugd reserves the right in their sole discretion to remove, modify or reject any User content that Users submit to, post or display on the Platforms which they reasonably believe is unlawful, violates the Terms, or could subject Plugd or their affiliates to a certain liability, and is otherwise found inappropriate in Plugd’s reasonable opinion.
If any User breaches any Terms, or if Plugd has reasonable grounds to believe that a User is in breach of any Terms, Plugd shall have the exclusive right to take such disciplinary actions as they deem appropriate, including without limitation:
Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
Plugd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Plugd may disclose the User’s identity, contact information and/or information regarding the User’s Account(s), transactions or activities carried out on or via the Platforms, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena, notice or other legal action. Plugd shall not be liable for damages or results arising from such disclosure, and Users agree not to bring any action or claim against Plugd for such disclosure.
Plugd may, at any time and in their reasonable discretion, impose limitations, suspend or terminate the User’s use of any Services or the Platforms without being liable to the Users if Plugd has received notice that the User is in breach of any agreement or undertaking with any affiliate of Plugd such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Plugd shall not be required to investigate such breach or request confirmation from the User.
Each User agrees to indemnify Plugd, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User content, from your use of the Platform s or Services, or from your breach of the Terms.
Each User further agrees that Plugd is not responsible, and shall have no liability to you or anyone else for any User content or other material transmitted over the Platforms, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Plugd reserves the right, at the expense of the Users, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users, in such event the Users shall cooperate with Plugd in asserting any available defenses.
The User agrees that as the Services are rendered through the Platform, therefore, the ownership of all the data, including, but not limited to, information of the Customers placing an order through the User, etc (the “Data”), shall be equally shared between the User and Plugd. This is only to ensure proper generation of Customer Orders, re-engagement of Customers, etc.
In case of any breach of these Terms and ultimate termination of Services the User undertakes that it shall not demand the data to be transferred back to it and in no case whatsoever, shall bring any claims to such data.
Plugd has hired independent delivery providers for delivering Customer orders ordering through your restaurant. Subject to terms of this User Agreement, you understand, that the payment terms of the delivery providers shall be determined in accordance with the distance of the geo-location of the Customer to which the order is being delivered.
You agree to notify Plugd if you intend to use self-delivery for a particular order.
Plugd shall bear no liability with regards to any incidents related to the delivery providers, the customer-delivery provider interaction, order not delivered, payment issues between the customer-restaurant-delivery providers etc.
You agree that the POS provided to you for managing your sales volume and conducting transactions, etc shall at all times be taken care of. No changes to the software or hardware shall be made except with prior written approval of Plugd. Any intellectual property and rights therewith shall at all times be in the ownership of Plugd. The User shall not exert any ownership over the intellectual property of Plugd, in terms of POS.
Through the Platforms, Plugd provides electronic web-based platforms for exchanging information between Users and the restaurants.
Each User acknowledges that it/he/she is fully assuming the risks of conducting any transactions in connection with using the Platforms or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind that are the subject of transactions using the Platforms. Such risks shall include, but are not limited to, mis-representation of the services offered or displayed on the Platforms which may violate or may be asserted to violate User’s rights, and the risk that User may incur costs of defense or other costs in connection with Users’ assertion of its/his/her Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. All of the foregoing risks are hereafter referred to as “transaction risks”. Each User agrees that Plugd shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any transaction risks.
Users agree to provide all information and materials as may be reasonably required by Plugd in connection with their transactions conducted on, through or as a result of use of the Platforms or Services. Plugd has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials.
We do not make or give any representation or warranty, respectively as to specifics (such as quality, value, salability, etc.) of the User Services listed to be sold on the Platform. We do not implicitly or explicitly support or endorse the rendering or acquiring of any such Services on the Platform. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
We will do our utmost to ensure that access to the Platform is consistently available and is uninterrupted and error-free. However, due to the nature of the internet and the nature of the Platform, this cannot be guaranteed. Additionally, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
We list scores of Services for rendering or acquiring by numerous Users on the Platform and host multiple comments on listings, it is not possible for us to be aware of the contents of each service listed for rendering or acquiring, or each comment or review that is displayed. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of the Islamic Republic of Pakistan or friendly relations with foreign states; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by following by writing to us on email@example.com we will make all practical endeavors to investigate and remove valid Objectionable Content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of Objectionable Content party, instances of objection, proof of objection amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at firstname.lastname@example.org and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.
While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.
You acknowledge and undertake that you are accessing the Services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, fitness for a particular purpose, or legality of the Services listed or displayed or transacted or the content on the Platform. While we have taken precautions to avoid inaccuracies in content of this Platform, all content, information, software, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the rendering or acquiring of any services on the Platform. At no time shall any right, title or interest in the services offered through or displayed on the Platform vest with us nor shall Plugd have any obligations or liabilities in respect of any transactions on the Platform.
Any material downloaded or otherwise obtained through the Platforms is done at each User's sole discretion and risk and each User is solely responsible for any damage to Plugd computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Plugd or through or from the Platforms shall create any warranty not expressly stated herein.
You agree that Plugd, nor its employees, directors and personnel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (i) your use of the Platform, (ii) the liability of any User, and (iii) in connection with the Services availed through the Platform. You further agree that Plugd shall not be liable for any damages arising from interruption, suspension or termination of Services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
You agree to defend, indemnify and hold harmless Plugd and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Platform or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, provincial or local statute, ordinance, administrative order, rule or regulation. Plugd shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding. You agree that this clause shall survive termination of this User Agreement.
Plugd.com, Plugd, and Plugd logo, and other marks indicated on our Platform are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and Service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits us. All other trademarks that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Platform also are protected by copyright as a collective work under Pakistani copyright laws and international conventions. All rights are reserved.
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Platform (“Software”).
You may use the Software solely for purposes of enabling you to use and enjoy our Services as permitted by these Terms and any related applicable terms as available on the Platform. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you Services and we may terminate your right to use the Software at any time. Your rights to use the software will automatically be terminated without notice from us if you fail to comply with any of the Terms listed herein or across the Platform. Additional third-party terms contained within the Platform or distributed as such that are specifically identified in related documentation may apply and will govern the use of such Software in the event of a conflict with these Terms. All Software used in any of our Services is our property and/or our affiliates or its Software suppliers and protected by the laws of Pakistan including but not limited to any other applicable copyright laws.
You may not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our Software whether in whole or in part, or create any derivative works from or of the Software.
When you visit the Platform, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, short messaging service, social media platforms including, but not limited to, Facebook, Instagram, Twitter, etc, and phone call or by posting notices on the Platform or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Platform (and/or placement of your order) and agree to treat all modes of communication with the same importance.
We reserve the right to make changes to the Platform, its policies, these Terms and any other publicly displayed condition or Service promised at any time. You will be subject to the policies and Terms in force at the time you used the Platform unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
Plugd reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms, effective immediately without prior notice. Your continued use of the Platform following any revision to these Terms shall constitute your complete and irrevocable acceptance of any and all such changes. Contact us if you have any comments or questions, please do not hesitate to reach out to us at email@example.com.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause or reason which is beyond our reasonable control.
Under no circumstances shall Plugd be held liable for any delay or failure or disruption of the content or Services delivered through the Platforms resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the Terms stated on our Platform and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these Terms.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate these Terms or revoke any or all of your rights granted under these Terms. Upon any termination of this agreement, you shall immediately cease all access to and use of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Platform shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform or with any terms, conditions, rules, policies, guidelines, or practices in operating the Platform, your sole and exclusive remedy is to discontinue using the Platform.