WHO WE ARE
Our website address is: https://shop.pinikle.com.
In these Terms and Conditions, the following words and expressions shall have the following meanings, unless the context otherwise requires:
1.1 PINIKLE: means Pinikle Technology FZCO with its registered office in DSO, for businesses and end-users wishing to buy or user various digital payment solutions. https://www.pinikle.com/
1.2 Account: means your account duly registered with PINIKLE to facilitate you using the Services available on the Website;
1.3 User: means a person/business who uses the Website and/or purchases items on PINIKLE;
1.4 Parties: means collectively, PINIKLE and the User, and “Party” shall mean any one of them;
1.5 Website: means a group of webpages made available on the Internet from the address: www.pinikle.com;
1.6 Service: means the services provided by PINIKLE, including, without limitation, reselling and retailing digital goods and content;
1.7 Terms and Conditions: means these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Website and rights and obligations of Users and PINIKLE.
2. APPLICABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS
2.2 Users unable to conclude a legally binding agreement with PINIKLE, and those who are prohibited from using the services due to the regulations of regional restrictions, including the country/region of current residence of the User and place of use of services, are hereby asked to refrain from using the Website.
2.3 PINIKLE reserves its right to make any changes and modifications to these Terms and Conditions, including the right to introduce new provisions and delete the previous ones, which can be done unilaterally and at its own discretion and at any time through publication of the emended Terms and Conditions on the Website. Therefore, it is the User’s obligation to check on a regular basis whether the Terms and Conditions were subject to amendments. By further using such Website and services, you signify your agreement to be bound by all changes that may affect you. Unless explicitly stated otherwise, the amended Terms and Conditions shall come into effect automatically after their publication on the Website / at the moment of their publication on the Website.
2.4 In the event that the Terms and Conditions are translated into any other language and there is any inconsistency between the English version and such translation, the English version shall prevail, unless otherwise provided or unless such apparent inconsistency arises out of a difference in legal requirements in a specific country.
2.5 When using any services or sending e-mails to PINIKLE, the User communicates with PINIKLE electronically. PINIKLE communicates with Users by e-mail or by posting notices on the Website. For contractual purposes, the User consent to receive communications electronically, and they agree that all agreements, notices, disclosures and other communications that PINIKLE electronically provides meet any legal requirements of such communication in writing, unless mandatory applicable laws specifically require a different form of communication.
3. USER’S ACCOUNT
3.2 When completing the User’s profile, the User is obliged to provide true and correct personal information, including, without limitation, his/her full name, mobile number, address and e-mail address.
3.3 Following correct registration on the Website by the User, he/she is provided with access to the full functionality of the Website after entering his/her login details on the login page.
3.5 The User is obliged to exercise reasonable care to ensure that an up-to-date e-mail address is always assigned to his Account on the Website.
3.6 The Account is made available to the User by PINIKLE free of charge and allows him/her to use the services offered through the Website, which is possible from any place in the world via the Internet network.
3.7 In case of any violation of these Terms and Conditions and the law in force by the User, PINIKLE reserves its right and possibility to block the User’s Account.
3.8 The User acknowledges and agrees that PINIKLE may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
3.9 The User is obliged to keep his/her password to the Account secure and confidential. The User shall not at any time and under any circumstances reveal or disclose his/her password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party.
3.10 The User acknowledges that sharing his/her Account with other people or giving access there to many persons other than the User’s personnel may cause irreversible damage to PINIKLE or other Users. The User is obliged to protect PINIKLE and our partners against losses and damage caused by the use of his/her Account by third parties.
3.11 Any notification or confirmation received by PINIKLE from your Account shall be deemed to have been issued by you not withstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.
3.12 The User shall immediately notify PINIKLE if he/she is aware or believes his/her Account has been hacked or compromised.
3.13 The User shall be liable for all transactions conducted through his/her Account at any time prior to the receipt by PINIKLE of his/her notification as stated in Clause 3.12.
4. USE OF SERVICES
4.1 You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Website and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Website.
4.2 It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that PINIKLE may issue from time to time. PINIKLE shall not be liable for any errors, losses or damages caused by your use of the Services.
4.3 Any dispute or claim arising out of or in connection with this Website shall be governed and construed in accordance with the laws of the United Arab Emirates.
4.4 Minors under the age of eighteen (18) are prohibited to register as users of this Website and are not allowed to transact or use the Website.
4.5 United Arab of Emirates is our country of domicile.
5.1 You may pay for the Services in such currency that is available on the Website in accordance with the prevailing exchange rate determined by PINIKLE at its absolute discretion.
5.2 You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
5.3 PINIKLE shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
5.4 PINIKLE shall be entitled to vary or modify or remove the modes of payment available on the Website at any time without prior notice to you.
5.5 If you make a payment for products or services on the Website, the details you are asked to submit will be provided directly to our payment service provider via a secured connection.
5.6 The cardholder must retain a copy of transaction records and merchant policies and rules.
5.7 We accept payments online using Visa and Master cards credit/debit cards, and other payment options in United States Dollars (USD) and (AED).
5.8 PINIKLE will not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the law of UAE.
5.9 Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
6. Refund and Cancellation Policy
6.1 Refunds will be done only through the original payment method used for purchasing.
6.2 Refunds are applicable if PINIKLE does not deliver the card code to the User’s registered email address.
6.3 PINIKLE will replace or compensate the User with the same order value in case the card code was redeemed before the purchase date.
6.4 Refunds or returns are inapplicable on digital products.
6.5 If the User received a wrong product, PINIKLE will send the correct product to the User’s email address within seventy-two (72) hours after receiving the complaint.
6.6 If the User could not redeem the purchased card code on the merchant’s website, the merchant should be contacted directly. The merchant’s contact details are available on the brand page on the Website.
6.7 PINIKLE is not responsible for any technical error or redemption issue on the merchant’s website.
7. Purchase and Delivery Policy
7.1 Digital products are delivered on User’s registered email address and do not require physical delivery.
7.2 After receiving the card code, the User has to read the brand instructions on how to redeem the card on the merchant’s website.
7.3 The User has to read the description and system requirement before purchase.
7.4 shop.pinikle.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
7.5 Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
8. AVAILABILITY OF SERVICES
8.1 The Services are usually available on a daily basis, unless otherwise specified herein.
8.2 There may be certain times that the Services may not be available due to maintenance or technical problems of the Website or such other reasons beyond the control of PINIKLE. PINIKLE makes no warranty that the Services will be available at the times stated herein. Where technical problems arise, PINIKLE hereby commits to deal with them as soon as possible.
8.3 Unless otherwise provided in these Terms and Conditions, PINIKLE shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
8.4 Notwithstanding any provisions to the contrary in these Terms and Conditions, PINIKLE shall be entitled to:
(i) immediately terminate, discontinue, withdraw or suspend your use of the Services without notice; or
(ii) Impose conditions or restrictions on your use of the Service without notice.
9. RELIABILITY OF WEBSITE
9.1 You are aware that all transactions conducted on the Website are through telecommunication and data network.
9.2 You are fully aware that your receipt of the notification from PINIKLE and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that PINIKLE cannot guarantee the prompt delivery of such notification or confirmation.
9.3 You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.
10. LIMITATION OF LIABILITY
Under no circumstances shall PINIKLE, or any of its employees, agents or licensees, be liable for anything resulting from or connected to your use of this Website. PINIKLE, including its employees, agents or licensees shall not be liable for any indirect, consequential or special liability resulting from or in any way related to your use of this Website.
11. INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks belong to the corresponding owners/publishers and PINIKLE is not related or associated to any of the said owners/publishers in any respect. All services offered on the Website are offered by PINIKLE, not the owners/publishers.
The User is expressly and emphatically restricted from all of the following: Using this Website in a way that is damaging, or that could be damaging to this Website, using this Website contrary to applicable laws and regulations, or in a manner that results in, or that could result in harm to the Website, or to any person or business entity, engaging in any data mining, data harvesting, data extracting or any other similar type activity related to this Website, or while using this Website using this Website to engage in any type of advertising or marketing activity Certain areas of this Website are restricted from access by you and PINIKLE may further restrict access to other areas of this Website by you, at any time, at its sole discretion.
Should any provision of these Terms and Conditions be found to be unenforceable or invalid under any applicable law, the unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Any such provisions shall be deleted without affecting the remaining provisions contained herein.
14. ENTIRE AGREEMENT
These Terms and Conditions, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between PINIKLE and you with regards to your use of this Website, and replace all prior agreements and understandings with respect to the same.
The Parties undertake, during the term of this agreement and thereafter, not to disclose to a third party or to unduly use, on their own behalf or on behalf of a third party, information that a Party has received from the other Party and which relates to the other Party’s activities. A Party shall immediately, upon request by the other Party, return all confidential information relating to the other Party that has been received under this Agreement. The User further undertakes not to disclose nor discuss any confidential information related to PINIKLE and this agreement to any third party and any media outlet whatsoever and for any reason whatsoever, even if it was due to a dispute between the parties. The User acknowledges that he/she will be subject to punitive measures for any losses PINIKLE might suffer due to such unauthorized disclosure. Such punitive measure shall include a minimum of USD one million (1,000,000.00) for each attempt if proven losses in reputation has been made.
16.1 Both the User and PINIKLE have the right to terminate the agreement. The agreement between the User and PINIKLE on providing a teleinformatic platform and certain functions of the Website is concluded for unspecified period of time.
16.2 Termination of the agreement by PINIKLE is made through the deletion of User’s Account or blocking User’s access to the Website. Removal of the Account or blocking User’s access to the Website may be made after information is sent to the User’s e-mail address regarding the blocking or termination. In case of gross violation of the terms of these Terms and Conditions by the User, PINIKLE has the right to terminate it with it with immediate effect through an immediate removal of User’s Account or blocking his/her access to the Website.
16.3 The User may at any time electronically request removal of his/her Account by PINIKLE. PINIKLE is obliged to remove the Account without any delay, no later than within three (3) days from the receipt of the User’s request.
16.4 If the termination of the agreement has been made by PINIKLE, the User cannot create another Account on the Website without PINIKLE consent.
16.5 PINIKLE has the right to temporarily suspend access to the User’s Account if its security is compromised in any way or if significant violations of this agreement or the law (by the User) are discovered (if PINIKLE will not terminate the agreement because of this).
16.6 Upon cancellation or termination of the Services:
(i) All rights granted to the User hereunder shall immediately terminate and shall revert to PINIKLE;
(ii) PINIKLE may at its absolute discretion, decide not to act on any request received by PINIKLE after the effective date of termination; and
(iii) PINIKLE may at its absolute discretion, decide not to act on any confirmation or request received by PINIKLE between the date of notice is given to the User and the effective date of termination (if there is a lapse of time between the two dates).
17. GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws of The United Arab Emirates, and you submit to the nonexclusive jurisdiction of the Dubai courts located in The United Arab Emirates for the resolution of any disputes.
18. CONTACT US:
- Email : firstname.lastname@example.org
- Address : DSO-THUB-G-D-FLEX-G015F
- Dubai Silicon Oasis
- Dubai – UAE
- Sharjah Emirate POBox: 122255
19. WEBSITE INFORMATION
Pinikle Technology FZCO” maintains the https://www.pinikle.com