Terms & Conditions
By downloading, installing or using our application and/or the Services, you signify your agreement to be bound by the Terms. Your continued use of our Application and/or the Services offered through our Application will imply your acceptance of the conditions contained under these Terms.
These Terms constitute an ‘electronic record’ within the meaning of the applicable laws and is generated by a computer system and does not require any physical or digital signatures.
Please read these Terms carefully before you use our application or any Service offered by us through our application. These terms control the relationship between Picloq and you. They do not create any third party beneficiary rights. Some features of our Services may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to these Terms.
1. About the Application
1.1 Our Application is an online platform which enables you to engage in secure peer-to-peer (P2P) transmission of text messages and other files, using visual signatures (including but not limited to biometrics and facial signatures) with other user(“Services”)s and avail Services made available to you by Picloq through our Application. Picloq’s Services include but are not limited to secure messaging services, secure file sharing, including but not limited to audio, video, documents, etc. Picloq may at its discretion allow you to use some of these Services free of charge. Our Services are diverse and additional terms or product requirements may apply to certain Services. The additional terms are made a part of these Terms by this reference. If there is a conflict between these terms and the additional terms, the additional terms will supersede these terms.
More information about our application and the Services is available on Picloq’s website at www.Picloq.com (“Site”).
2. Legal Capacity.
By agreeing to the terms, you agree that you are above the age of 16 (Sixteen) years. Our Services are not intended for children under the age of 16. If you are under the age of 16, please wait until you turn 16 to use our Services.
If you are under the age of consent in your country to form a legal agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Services. You should use our Service only if you are fully able to understand and enter into an agreement and comply with these Terms.
3. Your Account.
3.1 Our Application and the Services can be accessed by you only by creating an account on the Application. By using the Application, you agree to ensure confidentiality of your account, password credentials and for limiting access to your mobile device to prevent unauthorized use of your account on the Application, though the application strives its best to provide such security.You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide us are accurate and complete and inform us immediately of any changes to the information that you provided when signing-up.
3.3 By using the Services, you agree that:
3.4 You are responsible for any charges that you may incur by accessing the Application or Services made available through the Application, including text-messaging and internet/datausage charges.
3.5 The information you give us to use our Application andServices must be correct.To access our Application andServices and/or some of the features we offer in the Application, you will be asked to provide true and complete registration details, including but not limited to your identification details such as a government issued Identity card, correct age, biometric details, etc. We reserve the right to prevent you from accessing our Application and Services, or any of its features and/or resources and to terminate or suspend your account, if we believe the details are not correct, current, or complete.
4. Updates to Terms.
We are always working on adding new features to our Services, and because of that, and also due to applicable changes is law, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.
5. Online Privacy.
6.1 Ownership: All content related to Picloq corporate and business activities embedded in the Application, including any text, graphics, logos, button icons, images, audio clips and software, our application, services and any other materials incorporated by us on our Application and services (“Material”) is the exclusive property of Picloq or its licensors and are protected by applicable laws and copyrights, patents, trade secrets or such other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by us in our Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by us or others (“Trademarks”). Picloq or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using our Services, you do not acquire any ownership rights in Service or Materials contained therein. We respect the intellectual property rights of others and asks users of our application and services to do the same.
6.2 License: Subject to these Terms, Picloq grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sub licensable license to use and/or access the Application or Services (including the content made available through the Application or Services) provided that: (a) you will use the Application and/or Services solely for lawful purposes only; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Application (including its content) and/ or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); and (c) you will not use any meta-tags or any other ‘hidden text’ utilizing Picloq’s name or trademarks. Any unauthorized use of the Application and/or Services terminates the permission or revokes the license granted herein.
6.3 Certain content or services made available through the Application or the Services may have been created, published, provided or shared by other users, publishers, and other third parties (“Third Party Content/ Services”). Such Third Party Content/Services is the sole responsibility of the person who published/submitted/provided the Third Party Content/Services. By using the Application and/or Services, you agree that Picloq or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever. You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services. Picloq does not guarantee the validity, fitness for a particular purpose, veracity, accuracy or legal status or confidentiality with respect to the Third Party Content/Services.
7. Your Security.
7.1 If you create an Account by selecting a password and providing your name, You are responsible for all activities that occur under your Account. You agree to notify Picloq immediately of any unauthorized use of your Account or any breach of security with respect to your Account including your password. Picloq will not be liable for any monetary, data and other losses that you may incur as a result of someone else using your Account, either with or without your knowledge. In addition, you may be held liable for any monetary, data and otherlosses incurred by us or another party due to someone else using your Account. Picloq shall be entitled to monitor your Account and also at its discretion, require you to change your password. If you use a username and password that Picloqbelieves to be compromised, Picloq will be entitled to require this to be changed and/or terminate your User Account.
7.2 You can send messages and/or files only to other users who are registered with us and are using our Application.
7.3 Additional Security in our Services:
(i) In our Application and Services, we offer additional security in the form of visual signatures (“Secured Services”). Only you can access your account using your visual signature. Further, only you can access the messages and or files that you have received and only you can send messages and/or files using our Application. This is ensured by capturing your visual signature while accessing our application and/or while accessing the received messages and/or files and while sending messages and/or files and matching it with your visual signature that we captured while you were signing up with us.
(ii) We further ensure that the messages and/or files that you share also can only be accessed by the rightful recipients of such messages and/or services by using visual signatures.
8. Your Content.
8.1 Our Application or Services may allow you to create, upload, share and/ or store content, including but not limited to messages, photos, profiles (including your name, images and voice),stories, information, text, video, music, third party links, etc. (collectively, “Content”)
8.2 By posting or sharing or sending or selling your Content through our Application or the Services, you grant Picloq and our affiliates, a worldwide, non-exclusive, -free, irrevocable, sub-licensable and transferable license to use, copy, reformat, modify, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Application and/or Services. In the event you or any other person appears in any Content submitted to Picloq by you, you grant Picloq an unrestricted, worldwide right and license to use your name, likeness, and voice. In addition to granting us the aforementioned rights, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
8.3 PicloqDOES NOT ASSERT ANY OWNERSHIP over the Content and subject to the rights granted to Picloq in these Terms.You retain full ownership of the Content and proprietary rights associated with the Content.
8.4 YOU WILL BE SOLELY RESPONSIBLE for all Content that you upload, transmit, share or display through our Application and/or Services. Picloq does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, broadcast, transfer or disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
8.5 You agree and acknowledge that if you transmit any Content through the Application, you have permission from the rightful owner of the Content or you are otherwise legally entitled to use or transmit the Content and to grant Picloq and our affiliates all of the license rights granted herein.
8.6 You agree and acknowledge that when Content or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such public group to access and use the content and information you post in such group.
8.7 In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize Picloq to store your information including but not limited to your chat history, messages, photos, videos, documents, Your Content, on Picloq’s servers. Information/Data stored on Picloq’s servers is encrypted using 256-bit encryption. We reserve the right to set storage limits and we may change these limits from time to time in our sole discretion. This action must be confirmed via your Picloq account and cannot be undone.
8.8 Upon Deletion of Your Account: Subject to applicable laws, upon deletion of the Picloq account, Picloq will immediately delete all your Content from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ friends locally on their devices may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of Picloq who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time-stamp) stored by your contacts may remain after you delete your account till it is deleted by such contacts.
8.9 Automatic Deletion of Content: If you stop using Picloq and do not come online for at least 60 days,Picloq reserves the right to delete all your information stored on Picloq servers.
9. Restrictions onyour Content.
9.1 We want to protect you and other users and make sure yoursand other users’ experiences are positive.We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any usercontent on the Service, to suspend or terminate users, and to block users of Picloq without liability to us, including where such user content, in our sole discretion, violates these Terms, or any additional terms, or that we otherwise find objectionable. We also reserve the right to respond to user support requests or reports provided through the Picloq App, or protect the rights, property or safety of Picloq, its users and the public.
9.2 Group Chats: We allow users to conduct group chats on our application. Group Chats are conversations held between multiple users who are participants of the group. You mayengagein a group chat by creating a group and adding users. Such groupchats may include content that is not suitable for some individuals, since the content of the group chat depends on the content shared by the participants of the group chat. The participants of the group, and not Picloq, shall solely be liable for any issues and disputes arising out of the same.
9.3 Picloq does not undertake to monitor your chats or group chats, and the content you post or share on these chats or group chatsis not the responsibility of Picloq.You are requested to block and report any user who is sharing objectionable content onPicloq.
9.4 Picloq will consider anything you provide to Picloq, including feedback, ideas or suggestions and/or contribute to this Service as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.
10. Secured Services.
10.1 We offer secure messaging and/or file transfer services using visual signatures, such as facial scan, biometrics etc., as a Secured Services. If you opt in to use our Secured Services, you consent to provide us your visual signature and other data that we might need, for you to use the Secured Services. We will specifically ask you for the data needed in case you opt in to use our Secured Services.
10.2 If you wish to not share with us your visual signature and other data that is required to use our Secured Services, you can always opt out of services. Currently only option available is to delete your account from Picloq application.
11. Charges for Picloq Service and Other Products or Features.
11.1. Picloq is initially offering its Application and/or Services and/or products and/or features, free of cost. However, Picloq reserves the right to charge any of its application and services as it may please and Picloq assures you to inform you of any such charges that would be levied, in advance. You can opt in to use the particular paid Applications or Services by making the payment.
11.2 Subscriptions:To make it easy for you to make the payment and use our paid application and services, Picloq may bundle one or more of its applications and/or services and/or products and/or features, and offer it under a subscription package at a future date. We promise to inform you of any such offer and you may choose to opt in for the same.
11.3 The charges for other Picloq products or features will be confirmed to you before you complete a purchase from us. We may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the new prices have been published.
11.4 Free Trial: From time to time, we may offer products or features available at no charge for a trial period, at our sole discretion, including as to duration and scope of no charge offers. However, we reserve the right to charge you for such products (at the normal rate) in the event that we determine (in our reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other device or anonymous IP address that prevents us from locating you.
11.5 We may collect VAT, GST or other indirect taxes at the applicable rate for the particular country (as per applicable tax rules) at the time of purchase of our products and/or services.
11.6 Using the Service on mobile applications will use some of the internet data to which you have subscribed with your mobile network operator as the case may be.You are solely responsible for such data usage. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
12.2 You can change your payment method and billing information by logging into your Picloq account. You agree that Picloq may use information regarding your selected payment method provided by your issuing bank or applicable payment system. If you pay with foreign currency, you agree that the amount you are eventually credited may vary, as a result of foreign currency conversion policies of our third party payment processors, which you can find at the relevant website or location where you make the actual purchase.
12.3 Payment for Subscriptions (e.g. Secured Services) are made on a recurring payment basis. This means that you agree that at the applicable recurring intervals your payment method will be charged, until you actively elect to terminate the Subscription.
12.5 In the event of any errors relating to the pricing or specifications, Picloq shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
13.1 Except as provided by law, all purchases are final and non-refundable. If you believe that Picloq has charged you in error, you must contact Picloq within 90 days of such charge. No refunds will be given for any charges more than 90 days old. If you purchase any digital content from Picloq, any right you may have to withdraw from or cancel the purchase will terminate once the digital content has been delivered to you upon your request, and you will not be entitled to claim any refund, except where you believe Picloq has charged you in error, and such refund shall lie solely at the discretion of Picloq. If you use third party services using our application and/or services, such purchase is also subject to the terms of such third party (including with respect to payment terms, refunds, etc.).
13.2 Picloq reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy; (ii) that you are in breach of the terms of this License; (iii) that you are using any of our products fraudulently or that your Account is being used by a third party fraudulently; or (iv) that you purchased a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.
14. Group Content
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON GROUP CHATS OR OTHER FORUMS ON THIS SERVICE (“GROUPS”) ARE NOT NECESSARILY THOSE OF THE PICLOQ OR ITS CONTENT PROVIDERS. PICLOQ DOES NOT UNDERTAKE TO MONITOR OR REVIEW GROUPS, AND THE CONTENT OF GROUPS IS NOT THE RESPONSIBILITY OF PICLOQ. PICLOQ MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN PICLOQ’S SOLE DISCRETION. ANY USE OF THE GROUPS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THIS AGEEMENT.
15. Claims of Infringement.
If you believe that any materials accessible on or from the Service infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting us.
16. Responsibility for Your Use.
16.1 You represent and warrant that: (i) your use of the Application or the Services will be solely for purposes that are permitted by these Terms; (ii)You will only use our application or services and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability; (iii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Application or the Services; (iv) your use of the Application or the Services will at all times comply with applicable laws.
16.2 You agree that if a third-party claims that material you have contributed to our Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not Picloq, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.
16.3 You must not use the Application or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; 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 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.
16.4 You agree and acknowledge that in the event that you violate clause 16 above, Picloqretains the right, at its sole discretion, to remove any such content or information posted by you and/or disable your account if Picloq deems appropriate.
17. Bulk Messaging and other System Abuse.
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., sending unsolicited messages for business or other purposes). In addition, you agree not to send “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission by Picloq, or undertake any other such activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service.
18. Repairs and Maintenance.
We will strive our best to ensure an error-free availability of the Application or Services or contents thereof to you, however your access to the Application may occasionally be suspended or restricted for repairs, maintenance, or updating the Application at any time without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
19. Violation of Security Systems.
You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is STRICTLY PROHIBITED. If you become involved in any violation of system security, Picloq reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
We aspire that you will always continue to the use of our Application and Services, but you may terminate your relationship with Picloq at any time, by requesting Picloqto delete your Account. Upon receipt of such request, Picloq shall delete all the data associated with your account.
Further, where permissible under the law, Picloq has the right to terminate your rights under our Service without notice.
21. Disclaimer of Warranties.
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PICLOQ, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF PICLOQ LIMITED (“THE PICLOQ GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PICLOQ MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE APPLICATION OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE APPLICATION AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE APPLICATION AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE APPLICATION AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE APPLICATION AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE APPLICATION AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICLOQ OR ANY PARTY OR THROUGH THE APPLICATION/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
PICLOQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PICLOQ GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE PICLOQ GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WHILST PICLOQ SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE SECURITY AND INTEGRITY, PICLOQ SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH PICLOQ THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE APPLICATION AND/OR SERVICES.
22. Limitation of Liability.
PICLOQ,ITS AFFILIATES, THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS DISCLAIMS ALL LIABILITY AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, GOODWILL, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA), FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND ANY OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY ARISING FROM OR RELATED TO ANY USE OF, OR INABILITY TO USE, OUR APPLICATION AND OR SERVICES OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE APPLICATION AT ANY TIME, ANY THIRD PARTY CONTENT, SOFTWARE OR FUNCTIONS USED IN CONNECTION WITH THE APPLICATION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PICLOQ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PICLOQ GROUP), TO THE EXTENT PERMITTED BY APPLICABLE LAW, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN.
You agree to indemnify, defend and hold harmless the Picloq Group,its affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees), resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Picloq’s servers and/or from any and all use of your Account.These obligations will survive termination of these Terms.
Picloq may seek to gather information from a user who is suspected of violating these Terms and from any other user. Picloq may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Picloq believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Picloq may fully cooperate with any law enforcement authorities or court order requesting or directing Picloq to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE PICLOQ GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE PICLOQ GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE PICLOQ GROUP OR LAW ENFORCEMENT AUTHORITIES.
25. Reservation of Rights.
Picloq reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
26. Local Regulations.
We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.
27. Third-Party Services.
27.2 Picloq cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Picloq since the third-party sites are owned and operated by independent retailers. Picloq does not endorse any of the merchandise, nor has Picloq taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Picloq does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
28. Force Majeure.
Picloq will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, pandemic, labor disputes, strikes, riots, internet failure ,war or other unanticipated occurrences, problems , governmental requirements or restrictions or other events of a magnitude or type of which precautions are generally not taken in the industry and circumstances which shall materially and adversely affect the performance of the obligations of either party and is not caused by an act of negligence or default of, lockouts and other civil unrest, or any act of similar nature beyond Picloq’s reasonable control.
29. Binding Arbitration for All Disputes; No Class Relief..
The parties agree that if you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action.
30.1 Picloq may communicate with you through e-mail, SMS, telephone, by posting notifications on the Application (including push notifications) or any other means of communication. By using the Application, you consent to receive such communications from Picloq in relation to the Application and/or Services, your account information or any updates/ changes to the Application/ Services and/ or other promotional or marketing communications from Picloq.
30.2 This Service is controlled and operated by PICLOQ LIMITED, with registered office at Hallings Hatch Parkgate RoadNewdigateDorkingRH55DY, UK Please forward any comments or complaints about the Service to firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com and other legal matters to firstname.lastname@example.org
30.3 In the event you have any queries/complaints regarding usage of Application, please contact email@example.com.
31.2Severability: If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
31.3 Waiver: If you breach these Terms and Picloq takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
31.4 Governing Law: These Terms are governed by the laws of United Kingdom. You irrevocably consent to the exclusive jurisdiction of courts in London, United Kingdom for all disputes arising out of or relating to these Terms.
31.5 Right to Take down: You agree that Picloq may takedown, delete or remove any content available on the Application in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable laws.
31.6 Forfeiture: Picloq reserves the right to forfeit any account which Picloq determines as – inactive, violative of intellectual property rights, violative of these Terms or misleading in nature.
31.7 Report Abuse: If you in good faith believe that any content made available through our Application and/or services is offensive or opposed to public policy you may choose to report any such content. We may, review such content and remove the content at our discretion and/or as mandated by applicable laws.In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.