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.

• CONDITIONS OF USE

1. Registration

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 notices@plugd.app. 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:

• they shall have complete power and authority to accept the Terms and to perform the obligations hereunder;
• they use the Platforms and Services for the purposes of placing order on Platforms only; and
• the name, phone number, and address it provides when registering with Plugd, must be the correct and accurate.  

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:

• such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platforms or Services is true, accurate, current and complete, and
• they shall maintain and promptly amend all information and material to keep it true, accurate, current and complete.

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:

• be true, accurate, complete and lawful;
• not be false, misleading or deceptive;
• not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
• not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• not violate the Services listed on the Platform, other terms or any applicable additional agreements;
• not violate any applicable laws and regulations;
• not contain any link directly or indirectly to any other web Platforms which include any content that may violate the Terms.

The User further represent, warrant and agree that it shall:

• carry on their activities on the Platforms in compliance with any applicable laws and regulations;
• conduct their business on the Platforms in good faith;
• carry on their activities in accordance with the Terms and any applicable additional agreements;
• not use the Services or Platforms to defraud any person or entity;
• not impersonate any person or entity, misrepresent themselves or their affiliation with any person or entity;
• not engage in spamming or phishing;
• not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
• not involve in any attempts to copy, reproduce, exploit or expropriate Plugd’s various proprietary directories, databases and listings;
• not involve any computer viruses or other destructive or interruptive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
• not involve in any scheme to undermine the integrity of the data, systems or networks used by Plugd and/or any User of the Platform or gain unauthorized access to such data, systems or networks;
• not, and their director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities are organized or have operations, are persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities/authorities; and
• not engage in any activities that would otherwise create any liability for Plugd or our affiliates.

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:

• refusal to comply with the Terms described herein or any other guidelines and policies related to the use of the Platform as available on the Platform at all times;
• impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
• use the Platform for illegal purposes;
• attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or Services;
• interfere with other User’s utilization and enjoyment of the Platform;

• post, promote or transmit through the Platform any prohibited materials as deemed illegal by the Islamic Republic of Pakistan; and/or
• use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another User’s computer or mobile device or the Platform and use the Platform other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.

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:

• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
• to send, use or reuse any material that does not belong to you; or 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 in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; 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, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
• to cause annoyance, inconvenience or needless anxiety.
• to any other purposes that is other than what is intended by us.

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:

• suspending or terminating the User’s Account and any or all accounts determined to be related to such Account by Plugd in their discretion;
• restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any of the Service;
• removing any User content that the User has submitted, posted or displayed, or imposing restrictions on the limits of  User content that the User may post or display;
• imposing other restrictions on the User’s use of any features or functions of any service as Plugd may consider appropriate in their sole discretion; and
• any other corrective actions, discipline or penalties as Plugd may deem necessary or appropriate in their sole discretion.

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:

• upon complaint or claim from any third party, Plugd has reasonable grounds to believe that such User has willfully or materially failed to perform their contract with such third party.
• Plugd has reasonable grounds to suspect that such User has used a stolen credit/debit card or other false or misleading information in any transaction with a counter party,
• Plugd has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
• Plugd believes that the User’s actions may cause financial loss or legal liability to Plugd or their affiliates or any of the other Users.

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.

• DATA

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.  

• USERS’ WARRANTIES

• You undertake and warrant that all the orders through the Platform will be made and performed with the same level of care, prep times, and attention, including providing the correct food items as per the order placed and providing the right packaging;
• You will timely update any information including menu items, operating hours and any other Information, on the Platform. If you fail to update the information, you shall be liable to pay Plugd the commission percentage on any order(s) that could not be processed due to outdated information;
• You agree that displaying pricing on the Platform shall be solely governed by Plugd and agree that Plugd may change the price of a food item as and when required by Plugd.
• You will accept all orders placed by the User within 30 minutes of the Order appearing on the Platform, in case otherwise you agree to pay Plugd the commission percentage on any Orders not accepted;
• For any modification or amendment to the order placed, you agree and will direct the User to contact Plugd directly;
• You warrant and undertake that the food provided by you is: (a) of high quality and fit for human consumption; and (b) comply with all applicable laws, including all applicable food industry regulations including all packaging and labelling requirements;
• For any queries and clarification regarding the order placed by the Customer, you will contact Plugd or inform Plugd if an order cannot be processed as requested;
• You will ensure that the preparation time of an order will not exceed 20 minutes from the acceptance time of the relevant order;
• You will be responsible for any and all issues and costs associated with delayed delivery resulting from your failure to comply with such 20-minute preparation time period including costs associated with compensating the User, which shall be at Plugd’s sole discretion;
• You will be responsible for the costs of any discounted promotion offered by you;
• You will not at any time offer, by way of any medium, a price for any food and beverage item which is lower than the then-current price, and shall be inclusive of applicable taxes and charges including VAT, of the applicable item set out in the menu available through the Platform;
• You shall disclose all relevant details pertaining to problematic order(s) to Plugd upon becoming aware of the same;
• You shall perform your obligations and provide the Services hereunder in accordance with: (a) best industry practice; (b) technical standards; (c) applicable professional rules, code of conduct, regulations and associated guidelines; (d) any timescales set out herein; and (e) applicable law.
• You will ensure that no order contains any expired or non-consumable food or product. In case Customer informs Plugd receiving any expired or non-consumable or unhygienic food(s) or product, you acknowledge and agree that you will not be paid for such order and will refund along with any charge or expense thereon, as determined by Plugd, as and when demanded; in case otherwise Plugd will have a right to deduct or offset such amount from or against any other monies;
• You warrant, represent and undertake that prior to dispatch/delivery of any food, any such foods have at all times been handled, stored and maintained in hygienic and sanitary conditions and in accordance with applicable law, best industry practice and any instructions or requirements of the manufacturer and/or producer of the foods or product;
• YOU WARRANT, REPRESENT AND UNDERTAKE THAT YOU HAVE, AND WILL MAINTAIN, ALL NECESSARY LICENSES AND PERMITS REQUIRED FOR MARKETING (IN ALL CHANNELS), SALE AND DELIVERY OF FOODS IN ALL TERRITORIES WHERE THE SERVICES ARE PERFORMED.  IF ANY SUCH LICENSE OR PERMIT IS REVOKED, EXPIRES OR IS TERMINATED FOR ANY REASON WHATSOEVER THEN YOU SHALL PROMPTLY NOTIFY PLUGD IN WRITING.

• PRICES AND PAYMENTS

• Plugd may perform a variety of marketing activities for your promotion and for the promotion of your menu; provided, however, that all such marketing activities will be determined in Plugd’s sole and absolute discretion at a cost to be borne by you.
• You acknowledge and agree that the Platform will provide the following payment mechanisms to Customers for the payment of the order Value: (a) Cash on delivery; (b) Electronic Payment Mechanism; and (c) Redemption of vouchers and/or discount promotion (if any) approved by Plugd.
• Plugd is offering you a payment gateway of your own choice to charge your Customers. The way it would work is that you will directly sign up with the gateway that is integrated with you. You will put your gateway information into the payments section of your Plugd-admin panel. Thereafter, your Customers ordering from Plugd powered page will be able to pay via card at checkout. That money will be directly credited to your account. The money flow will not be through Plugd and therefore Plugd shall have no liability for any transaction carried out through the payment gateway.
• You shall pay to Plugd the commission percentage for all orders.
• Plugd will settle the financials in accordance with the payment terms agreed amongst the parties (“Payments”).
• You agree that Plugd shall be entitled to set-off any amounts you owe to Plugd hereunder from the Payments. You will be responsible for any taxes or charges payable on the food including collecting, paying and reporting such taxes to the appropriate authorities and providing Users with compliant tax invoices.
• You acknowledge and agree that Plugd will provide you with a monthly statement within a period of fourteen (14) business days from the last day of each month setting forth all of the orders during such month and any amounts due to Plugd in respect of orders. Such statements will be sent to you using the email address specified herein.
• You acknowledge and agree that the order ratings are entirely under the control of the Customer and your accumulated average rating displayed on the Platform is calculated using the ratings which are given by the Customer.
• You acknowledge and agree that Plugd reserves the right to review and modify the foregoing delivery rating system and the commission percentage periodically upon sending an email notice and that Plugd’s decision in this regard shall be final and binding.

• PLUGD DELIVERY

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.

• POINT OF SALE (POS)

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.

• TRANSACTIONS BY USERS

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.

• POTENTIAL DISPUTE BETWEEN PARTIES (USER, CUSTOMERS, DELIVERY SERVICES, PAYMENT SERVICES ETC.)

• There is the chance of dispute between the Customer and the Restaurant (for matters including but not limited to, food delivered cold, food partially/not delivered, payment disputes etc). We do not take any responsibility of this or the refunds process.
• There is a chance of dispute between the Restaurant and the payment gateway (for matters including but not limited to, double charged, charges inaccurate etc). We do not take any responsibility/liability for such disputes and it shall be the sole responsibility of the Restaurant to resolve such disputes.
• There is a chance of dispute between the Restaurant and 3rd party delivery provider (for matters including but not limited to, incident with the customer, delivery late, pickup late, no show, food damaged etc). We do not take any responsibility/liability for such disputes and it shall be the sole responsibility of the Restaurant to resolve such disputes.

• REPRESENTATIONS AND WARRANTIES

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.

• DISCLAIMERS AND LIABILITIES

Please review our Privacy Policy, which also governs User’s visit to the Platform. The personal information / data provided to us by you or your use of our Platforms will be treated as strictly confidential, in accordance with the privacy agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the privacy agreement, please Do Not use the Platform.

• Continued Availability of the Platform

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.

• Claims Against Objectionable Content

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 notices@plugd.app 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.

• Claims Against Infringing Content

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 notices@plugd.app 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.

• Disclaimer of Liability

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.

• Limitation of Liability

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.

• Indemnity

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.

• TRADEMARKS AND COPYRIGHTS

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.

• GENERAL PROVISIONS

• Communicating with Us

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.

• Amendments to Conditions or Alterations of Service

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 notices@plugd.app.

• Events Beyond Our Control

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.

• Waiver

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.

• Termination

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.

• Governing law and jurisdiction

These Terms are governed by the laws of Pakistan. The Pakistani courts in Lahore shall have the exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms, and each party hereby consents to the jurisdiction and venue of such courts. If any provision of these Terms is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. Any offer for any feature, Service or application made on this application is void where prohibited.