Terms & Conditions
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Last updated: 20 May 2022
PONGO by Clifton Technologies APS, who may also be referred to as “We,” “Us,” or “Our,” welcomes you. We invite you to access and use our websites, including, without limitation, pongoshareb.com, and the related services (collectively, the “Website”).
These PONGO Terms and Conditions (“T&C”) are entered into and agreed to by PONGO, a company registered in183 Queen’s Road East,Hopewell Center, Hong Kong, and individual users or entities (collectively, the “Users,” “You,” or “Your”) accessing the Website. The T&C govern Users’ access and use of the Website.
Other terms and conditions that are incorporated by reference into these T&C and should be read and interpreted together with the T&C include:
Partner Listing Terms and Conditions that govern Users’ participation in our Partner (PPC) Program; and
Other terms and conditions made available on the Website.
We reserve the right to update or otherwise modify these T&C from time to time. If We have your email address, We will send you a notification about the amendments made by Us. Nevertheless, you remain responsible for checking these T&C periodically for changes and updates. Your use of the Website following such posted changes and updates constitutes acceptance of such changes and updates.
The Website may contain links to other independent websites and content which are not provided by Us. Such independent sites are not under Our control and We are not responsible for them. We have not checked and approved their content or their privacy policies (if any).
BY ACCESSING AND USING THE WEBSITE, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE T&C. IF YOU DO NOT AGREE TO THESE T&C, THEN YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
In consideration of the premises set forth above, You, the User, hereby agree as follows:
By accessing or using the Website, You represent and warrant that You can conclude legally binding contracts with Us.
If You act on behalf of a business entity in accepting these T&C, You warrant and undertake that You have the requisite power and authority to act on behalf of that entity and bind the entity to these T&C.
In order to register the User Account, you will be asked to choose a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating Your Account, You must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one User, and sharing your access credentials with others (especially if they are using Your credentials to access Our Content (as defined below) is a material breach of these T&C. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform Us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change Your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to You for any loss or damage caused by such action. PONGO will not be liable for any loss or damage caused by any unauthorized use of Your Account.
By creating the User Account and providing details of a business entity, You confirm that You are an authorised employee, contractor, or representative of the business entity. PONGO shall not be responsible in any manner and bear no liability for Your activities carried out without such authorisation.
Use of the Website
By accessing and using the Website, You acknowledge that You are responsible for your actions and for all content that You post on the Website or provide to PONGO the “User Content”). Most of the content available on the Website, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Our Content”) is owned by Us, Our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by applicable intellectual property laws and international treaties.
You represent and warrant, to the best of your knowledge that:
You have all the necessary rights, power and authority to enter into these T&C and to fulfill your contractual obligations hereunder;
any and all information You post or provide is true, accurate and not misleading and that You will not allow any other person or entity to use your User Account;
the information and User Content You provide, upload, post, e-mail, transmit, or otherwise make available to Us, or on the Website, including without limitation reviews, trademarks, logos, screenshots and videos is accurate and free of third-party encumbrances;
You will, when posting or providing User Content on the Website, adhere to Our guidelines and bear all liability related to your submission of such User Content through the Website;
You will not post or otherwise provide User Content that is unlawful, defamatory, infringing, libelous, abusive, disparaging, pornographic, invasive of another’s privacy, promotes illegal activities/conduct or violates applicable laws or regulations;
You will not post or otherwise provide User Content that You do not have the right to make available under any law or contractual or fiduciary relationship (such as insider information, proprietary and confidential information, learned or disclosed as part of employment relationships, or information protected under nondisclosure agreements);
You will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
You will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content;
You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or Our vendors without Our express written consent;
You will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by Us to administer and protect the Website;
You will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect any information or content from the Website (except as expressly permitted by Us) or otherwise without authorization use or upload our content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
You will not duplicate, download, publish, modify or otherwise distribute Our Content for any purpose other than for your own individual use, except with Our explicit consent hereto;
You will not collect or “harvest” from the Website the personal information of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming” or any other unlawful purpose; and
You will not access the Website by any means other than through interfaces expressly authorized by Us and these T&C.
At Our discretion, We may, but are not obligated to, monitor and terminate User activity on the Website, and/or edit or remove User Content, which violates or otherwise fails to comply with these T&C.
Fees, Payment and Refund Policy
The Fees. As consideration for any purchase You make on the Website, You shall pay PONGO all applicable fees and taxes (collectively, the “Fees”). We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility that You provided during the registration process for the full payment of the Fees, and you hereby consent to the same. All Fees will be charged and made in U.S. dollars. The Fees remain valid for as long as they are indicated on the Website or (ii) as communicated by Us. The Fees are subject to change without a prior notice. Any changes to the Fees will be made available on the Website.
Payments. All payments are processed by Our third-party payment processors (the “Payment Processors”). When You make a payment, the Payment Processors collect some personal data from You which allows them to make the payments requested by You (e.g., your credit card number, expiration date, billing address, and security codes). The Payment Processors handle all steps in the payment process through their systems, including data collection and data processing. PONGO does not have direct access to Your full payment information – only a few details (e.g., your billing address) are made available to Us. You are responsible for ensuring that all payment information is correct and the funds necessary for payment are available. You agree not to hold Us liable for payments that do not reach Us because You have quoted incorrect payment information or the Payment Processors refused the payment for any other reason
Refund Policy. At PONGO, We are confident that You will get results, so We give you an entire calendar to complete Our courses available on the Website (the “Courses”), do the work and put what you’ve learned to the test.
Right of withdrawal. We respect consumer rights and comply with the applicable consumer protection laws. If You use the the Website or purchase the Courses as a consumer (i.e., you act wholly or mainly outside the scope of your trade, business, or profession), in some limited cases, You have the right to withdraw from the service contract with us within the period of 14 days after the service contract was concluded, unless the provision of the services was completed by us (i.e., you gained access to the Courses). In most cases, You will not be able to exercise your right of withdrawal because, by concluding a service contract with Us, You gain access to the Courses. Please contact Us for more information. If You act as a business, trader, or use the Website for professional purposes, you are not entitled to exercise your right of withdrawal.
When addressing financial matters in any content made available by Us by means of the Website, videos, newsletters, programs, offerings, tools, strategies, recommendations, ideas, or other content (collectively, “Our Programs”), We have taken every effort to ensure that We accurately represent our programs and their ability to grow your business and improve Your life. However, We do not guarantee that You will get any results or earn any money using Our Programs, and nothing in Our Programs is a promise or guarantee to You of future earnings.YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE WEBSITE IS SOLELY AT YOUR SOLE RISK. By purchasing any products through the Website or using Our Programs, You accept, agree and understand that You are fully responsible for your progress and results from your participation and that We offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You also understand that any testimonials or endorsements by Our customers or audience represented in Our Programs have not been scientifically evaluated by Us and the results experienced by individuals may vary to a significant degree. The statements outlined in Our Programs are Our opinions and thus are not guarantees or promises of actual performance.e
Intellectual Property Rights
Other than content You own, which You may have opted to include on this Website, under these T&C’s, PONGO and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these T&C’s for purposes of viewing the material contained on this Website.
Our Intellectual property. The Website and all intellectual property rights therein, including, without limitation, the vendor listings We create from publicly available or licensed content, along with Our Content,, constitute the property of PONGO, its Affiliates and/or its authorized licensors, and are protected by intellectual property laws.Except to the extent otherwise expressly permitted under copyright law, the User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the said content without the express written consent of PONGO or the applicable copyright owner.
Our brand. You may not use the brand, the word or figurative trademarks associated with the Website, IMG, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that PONGO sponsors, endorses, or associates with You without obtaining prior written consent from PONGO.
Your Content. By submitting Your Content, You guarantee that you have the legitimate rights to use Your Content. You must not infringe any intellectual property rights of others when uploading or creating Your Content. You grant PONGO unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, reproduce, and sell Your Content for the purposes of providing You with the requested services and carrying out PONGO’s legitimate business interests. You understand and agree that PONGO has no obligation to monitor or review Your Content. PONGO reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these T&C or may harm the reputation of PONGO.
Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on the Website or in the Courses may be owned by other third parties (the “Third-Party Content”). The Third-Party Content does not belong to PONGO (although it may be licensed to PONGO) and it remains the property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of the Website. We do not guarantee that You will have access to Third-Party Content at all times.
Copyright infringement claims. If You have any grounds to believe that any content available on the Website or in the Courses violates Your or third party’s intellectual property rights, please contact PONGO and express your concerns or request to remove the allegedly infringing content. PONGO will reply to Your copyright infringement claim as soon as possible but no later than 2 weeks. Please note that You may be liable for damages, including costs and attorney’s fees, if you materially misrepresent that material is infringing Your copyright(s). Therefore, if You are not sure if you are the proper copyright holder or if copyright laws protect the material of Yours, You may need to consult a lawyer. In order to write a proper copyright infringement notice, please perform the following steps:
Identify with sufficient detail the protected work that You believe has been infringed;
Identify the material that, in Your opinion, is infringing and provide sufficient information that permits Us to locate the material;
Provide Us with your contact details or the contact details of the person that submits the complaint (address, telephone number, and email address);
Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Sign the document; and
Send the document to Us.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN (I) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WHILE THE WEBSITE MAY SERVE AS A PLATFORM TO HOST; INCLUDING BUT NOT LIMITED TO; SOFTWARE/PLATFORMS/AGENCIES/TOOLS AND SERVICE AND PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF ANY PRODUCTS MADE AVAILABLE ON THE WEBSITE. FOR INFORMATION ON A SOFTWARE PRODUCT’S LEGAL AND/OR REGULATORY STANDING, PLEASE CONSULT THE PARTNER OR VENDOR DIRECTLY THROUGH THEIR WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Limitation of Liability
Wer will not be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these T&C, Users’ use of the Website, including without limitation, loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of such damages.
The User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless PONGO, its agents, affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third-party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to User’s respective violation of these T&C’s, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.
Termination By Us
We reserve the right, in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) User’s access to the Website, or any part thereof if We believe that User is violating these T&C. If the User uses or attempts to use the Website for any purpose that contravenes these T&C (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of the Website), the User may also be subject to civil and criminal liability.
If any provision of these T&C is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these T&C unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
PONGO shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these T&C without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these T&Cs.
PONGO will not be liable for any failure or delay of performance under these T&C resulting from a force majeure event beyond its reasonable control, including, without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.
These T&C are governed by the laws ofHONGKONG, except for its conflicts of interest principles. All claims arising out of or relating to these T&C will be litigated exclusively in courts inHONGKONG.
Waiver & Severability
Our failure to act with respect to a breach of these T&C will not constitute a waiver and does not waive Our right to act with respect to subsequent or similar breaches. If any of these T&C shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these T&C’s.
The Website may contain affiliate links. We receive a small fee if You buy something after following any of those affiliate links or merely click on them. But Your trust is of utmost importance to us. That’s why, even though We sometimes receive affiliate compensation, We always provide only our honest ratings, reviews, opinions or experiences on everything you see on the Website. You will need to make your own independent judgement about whether to use any third-party sites, including whether to buy any products or services offered by them.
The Website is intended solely for Users who are 18 years of age or older.
These T&C along with the documents referred to herein, constitute the entire and exclusive agreement between PONGO and the User with regard to User’s use of the Website.
Email address: firstname.lastname@example.org
Address: 183 Queen’s Road East,Hopewell Center, Hong Kong