Terms and Conditions
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These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after Sept 10, 2020, and will become effective until further notification for users with pre-existing Accounts.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST 4DOST BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) 4DOST., a Corporation with its headquarters in Los Angeles, USA with offices in Lahore Pakistan, established and resident under the laws of the Islamic Republic of Pakistan. Do not access or use the Service if you are unwilling or unable to be bound by the Terms. For more information about our policies and instructions relating to the Service.
1. DEFINITIONS
A. Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who
accesses or in any way uses the Service. “We,” “us,” and “our” refer to 4DOST “CharDost”
and its subsidiaries.
B. Content. “Content” means text, images, photos, audio, video, and all other forms of data
or communication. “Your Content” means Content that you submit or transmit to,
through, or in connection with the Service, such as ratings, reviews, photos, videos,
compliments, invitations, check-ins, votes, friending and following activity, direct
messages, and information that you contribute to your user profile or suggest for a
business page. “User Content” means Content that users submit or transmit to, through,
or in connection with the Service. “4DOST” means Content that we create and make
available in connection with the Service. “Third Party Content” means Content that
originates from parties other than 4DOST or its users, which is made available in
connection with the Service. “Service Content” means all of the Content that is made
available in connection with the Service, including Your Content, User Content, 4DOST
Content, and Third Party Content.
C. Sites and Accounts. “Consumer Site” means 4DOST’s consumer website (www.
4DOST.com and related domains) and mobile applications. “Consumer Account” means
the account you create to access or use the Consumer Site. “Business Account” means
the account you create to access or use the 4DOST for Business Owners website and
mobile applications. “Account” means any Consumer Account or Business Account.
2. CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be
located on 4dost website. You understand and agree that your access to or use of the Service is
governed by the Terms effective at the time of your access to or use of the Service. If we make
material changes to these Terms, we will notify you by email, by posting notice on the Service,
and/or by other method prior to the effective date of the changes. We will also indicate at the
top of this page the date that such changes were last made. You should revisit these Terms on
a regular basis as revised versions will be binding on you. You understand and agree that your
continued access to or use of the Service after the effective date of changes to the Terms
represents your acceptance of such changes.
3. TRANSLATION
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with 4DOST, and any inconsistencies among the different versions will be resolved in favor of the English version.
4. USING THE SERVICE
A. Eligibility. To access or use the Service, you must have the requisite power and authority
to enter into these Terms. You may not access or use the Service if you are a competitor
of 4DOST or if we have previously banned you from the Service or closed your Account.
B. Permission to Use the Service. We grant you permission to use the Service subject to
these Terms. Your use of the Service is at your own risk, including the risk that you might
be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete,
fails to provide adequate warning about potential risks or hazards, or is otherwise
inappropriate.
C. Service Availability. The Service may be modified, updated, interrupted, suspended or
discontinued at any time without notice or liability.
D. Accounts. You must create an Account and provide certain information about yourself in
order to use some of the features that are offered through the Service. You are
responsible for maintaining the confidentiality of your Account password. You are also
responsible for all activities that occur in connection with your Account. You agree to
notify us immediately of any unauthorized use of your Account. We reserve the right to
close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not
create or use a Consumer Account for anyone other than yourself. We ask that you
provide complete and accurate information about yourself when creating an Account in
order to bolster your credibility as a contributor to the Service. You may not impersonate
someone else, provide an email address other than your own, create multiple Accounts,
or transfer your Consumer Account to another person without 4DOST’s prior approval.
E. Communications from 4DOST and Others. By accessing or using the Service, you consent
to receive communications from other users and 4DOST through the Service, or through
any other means such as emails, push notifications, text messages (including SMS and
MMS), and phone calls. These communications may promote 4DOST or businesses listed
on 4DOST, and may be initiated by 4DOST, businesses listed on 4DOST, or other users.
You further understand that communications may be sent using an automatic telephone
dialing system, and that you may be charged by your phone carrier for certain
communications such as SMS messages or phone calls. You agree to notify us immediately
if the phone number(s) you have provided to us have been changed or disconnected.
Please note that any communications, including phone calls, with 4DOST or made through
the Service may be monitored and recorded for quality purposes.
You can opt-out of certain communications by contacting us.
5. CONTENT
A. Responsibility for Your Content. You alone are responsible for Your Content, and once
posted to 4DOST, it cannot always be withdrawn. You assume all risks associated with
Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any
risks associated with personal information you disclose. You represent that you own or
have the necessary permissions to use and authorize the use of Your Content as described
herein. You may not imply that Your Content is in any way sponsored or endorsed by
4DOST.
You may expose yourself to liability if, for example, Your Content contains material that is
false, intentionally misleading, or defamatory; violates any third-party right, including any
copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right; contains material that is
unlawful, including illegal hate speech or pornography; exploits or otherwise harms
minors; violates or advocates the violation of any law or regulation; or violates these
Terms.
B. Our Right to Use Your Content. We may use Your Content in a number of different ways,
including by publicly displaying it, reformatting it, incorporating it into advertisements and
other works, creating derivative works from it, promoting it, distributing it, and allowing
others to do the same in connection with their own websites and media platforms
(“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-
exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content
for any purpose. Please note that you also irrevocably grant the users of the Service and
any Other Media the right to access Your Content in connection with their use of the
Service and any Other Media. Finally, you irrevocably waive, and cause to be waived,
against 4DOST and its users any claims and assertions of moral rights or attribution with
respect to Your Content. By “use” we mean use, copy, publicly perform and display,
reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare
derivative works of Your Content.
C. Ownership. As between you and 4DOST, you own Your Content. We own the 4DOST
Content, including but not limited to visual interfaces, interactive features, graphics,
design, compilation (including, but not limited to, our selection, coordination,
aggregation, and arrangement of User Content and other Service Content), computer
code, products, software, aggregate star ratings, and all other elements and components
of the Service excluding Your Content, User Content and Third Party Content. We also
own the copyrights, trademarks, service marks, trade names, trade secrets, and other
intellectual and proprietary rights throughout the world associated with the 4DOST
Content and the Service, which are protected by copyright, trade dress, patent,
trademark, and trade secret laws and all other applicable intellectual and proprietary
rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce,
distribute, create derivative works or adaptations of, publicly display or in any way use or
exploit any of the 4DOST Content in whole or in part except as expressly authorized by us.
Except as expressly and unambiguously provided herein, we do not grant you any express
or implied rights, and all rights in and to the Service and the 4DOST Content are retained
by us.
D. Advertising. 4DOST and its licensees may publicly display advertisements, paid content,
and other information nearby or in association with Your Content. You are not entitled to
any compensation for such advertisements. The manner, mode and extent of such
advertising are subject to change without specific notice to you.
E. Other. User Content (including any that may have been created by users employed or
contracted by 4DOST) does not necessarily reflect the opinion of 4DOST. Except as
required by law, we have no obligation to retain or provide you with copies of Your
Content, and we do not guarantee any confidentiality with respect to Your Content. We
reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion
for any reason or no reason, and without notice to you. For example, we may remove a
review if we believe it violates our content guidelines. Except in accordance with 4DOST’s
Verified License program, 4DOST does not attempt to verify any licenses a local business
or its representatives may have, and consumers should inquire about any such licenses
with the business directly. Businesses whose licenses have been verified by 4DOST will
have a “Verified License” badge displayed on their 4DOST business page.
6. BOOKING AND TRANSACTING
A. Generally. You can access features through the Service that allow you to book or transact
online with local businesses, such as making restaurant or spa reservations, ordering food
delivery, or scheduling appointments. These features may be provided by 4DOST’s third-
party partners, including through iframes or similar formats, and their use may be
governed by different or additional terms presented to you as part of the booking or
transaction process. Please note that such third-party partners and/or the transacting
local businesses themselves are responsible for fulfilling such bookings and transactions.
B. Payments and Cancellations. You may be required to provide your credit card
information to confirm a booking, and will be charged any applicable fees, including
cancellation or no-show fees in accordance with the transacting local business’s
cancellation policy provided at the time of booking. You agree that 4DOST may facilitate
any such payments and charges on behalf of the transacting local business.
C. Coupons. Any coupons that 4DOST might issue for use in connection with the Service are
non-transferable (unless required by law), not redeemable for cash or any other
consideration, and automatically expire thirty (30) days after the issue date unless
otherwise specified. If your Account is terminated you will not be able to use any
unexpired and unused coupons, and any such coupons will automatically terminate and
cannot be redeemed unless required by law.
7. REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You represent and warrant that:
- You have read and understood our Content Guidelines;
- You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America; and
- Prior to attending any event listed on the Service, you have read and agree to our Event Terms & conditions.
B. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by 4DOST;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by 4DOST (for example, as described at www. 4DOST.com/robots.txt);
- Reverse engineer any portion of the Service unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on 4DOST’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
8. ADDITIONAL POLICIES AND TERMS
A. Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
B. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
9. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that:
- (i) Your Feedback does not contain any third party confidential or proprietary information.
- (ii) We are under no obligation of confidentiality, express or implied, with respect to the Feedback.
- (iii) We may have something similar to the Feedback already under consideration or in development.
- (iv) We have no obligation to review, consider, or implement the Feedback or to return any part of the Feedback to you.
- (v) You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback.
- (vi) You irrevocably waive, and cause to be waived, against 4DOST and its users any claims and assertions of any moral rights contained in such Feedback.
10. THIRD PARTY CONTENT AND SERVICES
A. The Service may host Third Party Content... B. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
11. INDEMNITY
You agree to indemnify, defend, and hold harmless 4DOST, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “4DOST Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to:
- (i) Your access to or use of the Service, including Your Content.
- (ii) Your violation of the Terms.
- (iii) Your breach of your representations and warranties provided under these Terms.
- (iv) Any products or services purchased or obtained by you in connection with the Service.
- (v) Your products or services, or the marketing or provision thereof to end users.
- (vi) The infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE 4DOST ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE 4DOST ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK...
B. THE 4DOST ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS...
C. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE...
D. THE 4DOST ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE 4DOST ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $10...
E. THE 4DOST ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE 4DOST ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY 4DOST BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
13. ARBITRATION, DISPUTES, AND CHOICE OF LAW
A. If you are a resident of the United States or Canada:
i. EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND 4DOST (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING...
ii. “Excluded Claims” means: (a) Claims brought by you or 4DOST that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), violations of 4DOST’s API Terms of Use (which, for clarity, are governed by those terms), or a breach of Section 7 above (Representations and Warranties). Excluded Claims may be brought in court...
iii. Excluded Claims and Claims that cannot be arbitrated must be brought in court. Pakistan’s law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or 4DOST may seek relief in any small claims court of competent jurisdiction...
iv. Arbitration shall be administered by the United States of America’s law. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim...
B. If you are a resident of a country located outside Pakistan...
i. You agree that any subpoena, third-party discovery request, or other third-party process directed to 4DOST must issue from, or be domesticated by, the state or federal courts located within Pakistan and you agree to submit to the jurisdiction of each of these courts for any related proceedings...
14. TERMINATION
A. You may terminate the Terms at any time by closing your Account...
B. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information...
C. In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect...
15. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Service at our sole discretion. You agree that we have no obligation to provide any updates, enhancements, or support for the Service. We may, from time to time, issue patches or updates to the Service. You agree to promptly install any patches and updates provided by us to maintain the effectiveness and security of the Service.
B. These Terms constitute the entire agreement between you and 4DOST regarding the subject matter hereof. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to 4DOST is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without 4DOST's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
C. For any inquiries regarding these Terms or the Service, please contact us at [contact@4dost.com].
ADDITIONAL TERMS FOR BUSINESS ACCOUNTS
Last Updated on Sept 10, 2020.
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account.
A. Business Account Eligibility: To create a Business Account, you must be a duly authorized representative of a business entity and have the legal authority to bind the business to these Business Terms.
B. Business Account Registration: When registering for a Business Account, you agree to provide accurate, current, and complete information about your business. You also agree to update this information promptly in the event of any changes.
C. Business Content: You are solely responsible for the content you post on your Business Account, including but not limited to business information, reviews, and other materials. You represent and warrant that you have the right to post such content and that it complies with applicable laws and regulations.
D. Business Account Security: You are responsible for maintaining the confidentiality of your Business Account credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
E. Business Reviews: You acknowledge that customer reviews may be posted on your Business Account. You agree not to manipulate reviews or engage in any fraudulent activity to artificially enhance your business's reputation.
F. Termination of Business Account: We reserve the right to suspend or terminate your Business Account for any violation of these Business Terms or the Terms of Service.
G. Changes to Business Terms: We may update or modify these Business Terms at any time, and such changes will be effective upon posting on the Service. It is your responsibility to review these Business Terms periodically for updates.