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TERMS AND CONDITIONS

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PINSS TERMS AND CONDITIONS

Pinss.io Terms and Conditions

10th of September, 2022

 

Welcome to Pinss

By using a www.pinss.io or the Pinss’s websites, domains, apps, products, services, features and marketing campaigns, mobile applications of the online platform (collectively, the “Services”, “Platform”, “Pinss”), you confirm that you have read, understood and accept these terms of use (“Terms”) as the terms which govern your access to and use of the Platform and the Services and you agree to comply with them. If you do not accept or agree to comply with these Terms, you must not use the Platform. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.

This Agreement (the “Terms”) governs your rights and responsibilities related to Pinss’s services including all of Pinss’s websites, domains, apps, products, services, features and marketing campaigns (the “Services” “Platform”, “Pinss”)

These Terms are made between Pinss (“we” “us” “our”, the “Company”, as applicable) and you (“you” or the “User”,).

When you register to use our Services, you become a “User.” If you have chosen not to register for our Services, you may still be able to access certain aspects of or made available by our Services as a “Visitor.”

If you are accepting these Terms and using the Services on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. The collection, use, and sharing of your personal information is described in our Privacy Policy. Your use of certain Services, including Business Services, may be subject to additional terms, policies, and such Supplemental Terms will either be listed in these Terms or will be presented to you on the Services.

If you are a company advertising with Pinss, you will be required to enter into additional terms and conditions set out in our Advertising Agreement, however, please note that these Terms will still apply and must be read in conjunction with any other agreement you enter into with the Pinss.

Definitions

The following capitalised terms shall have the following meaning, except where the context otherwise requires:

A.     “Business Services” are services and features offered to Users that are intended for commercial or business uses, such as a claimed Business Page and Local Deals

B.     “Affiliates” – any company that is controlled or owned by Pinss.

C.     “Platform” – The Pinss Platform which includes mobile apps and the website.

D.    “Effective Date” – the date set out at the top of these Terms.

E.     “Pinss” – A Company registered in Dubai

F.     “Intellectual Property Rights” – all intellectual property, including patents, trade marks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.

G.    “Material” – material and content published on the Website or otherwise provided by the Company in connection with the Service.

H.    “User Material” – material and content posted on the platform by a User or otherwise provided to the Company by a User in connection with the platform or the Service. Which may include but not limited to items for sale, business recommendations, posts on the feed, comments, chat with other users.

I.      “Privacy Policy” – the privacy policy of the Company from time to time.

J.      “Registration Details” - the details a User must provide upon registering on Pinss from time to time (for example: name, phone numbers, email address, age and/or address).

K.     “Services” – all of Pinss’s websites, domains, apps, products, services, features and marketing campaigns

L.     “Unacceptable” – any material or information uploaded to or made available on the platform which under the law of any jurisdiction from which the platform may be accessed may be considered:

I.         illegal, illicit, indecent, obscene, racist, offensive, pornographic, paedophilic, insulting, false, unreliable, misleading, harmful or potentially harmful to minors, threatening, libellous, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights), invasive of another’s privacy or other rights, to relate to or encourage money laundering or illegal gambling;

II.         in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);

III.         in contravention of legislation, including without limitation, that relating to weapons, animals or alcohol; or

IV.         harmful to the Company’s reputation.

General Terms and Conditions

  1. When you register to become a User, you must provide us with accurate and complete information. We reserve the right to reject and terminate any registrations submitted with false or inaccurate registration information, or otherwise submitted in violation of these Terms.
  2. You may not use our services if we have previously disabled your Account for violations of these Terms or other of our Supplemental Terms or policies; and or our Services are not directed to your geographic territory; and or you are otherwise prohibited by applicable laws from accessing or receiving our Services. We reserve the right to refuse registration for, access to, or use of our Services by any person or household at any time and for any reason.
  3. Users may create, operate, maintain, or otherwise use an account on the Services (“Account(s)”) for personal and/or business use. If you use our Business Services, which include but are not limited to creating or claiming a page that advertises or contains other information about your business (a “Business Page”), then you agree to the Business Services Clauses of this agreement, which are incorporated into these Terms. You are responsible for maintaining the security of your Account login information and you must keep such login information confidential. You are responsible for all activity that takes place under your Account. You should notify us immediately if you suspect or become aware of any unauthorized use of or access to your Account.
  4. The User hereby agrees and acknowledges that the Platform may contain advertisements placed by advertisers or companies. Pinss is not responsible for the content in these advertisements. If the user wishes to click and proceed with dealing with the advertisements or businesses it is at the user’s own will and full responsibility without placing any liability on Pinss.
  5. The User hereby warrants and represents to the Company that the user is at least eighteen years of age and legally able to enter contracts. Users can not use the Platform if the user is a child for whom consent is required to fully use the Services.
  6. The Company reserves the discretion to withdraw any Material or User Material within its services without prior notice and to refuse any User Material posted or provided to the Company by a User or Business.
  7. The User accepts not to post any unacceptable content on the website which may violate UAE Laws.
  8. The User’s Registration Details and data relating to its use of the Platform will be recorded by the Company but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy) nor used for any purpose unrelated to the Services. By agreeing to the terms, you are expressly giving the company permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.
  9. The User hereby authorises the Company to use any information which it submits to the Platform to inform the User of special offers, occasional third party offers and for other marketing and related purposes.
  10. If the User does not wish the Company to use its information as set out in the above, it should leave the Platform before submitting its personal details.
  11. If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the services and related matters, the User should send an email message to info@pinss.io insert unsubscribe as the subject heading of such message.
  12. You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.
  13. The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on the Platform either directly or indirectly through a related entity. The Company’s rights shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
  14. Pinss owns all Intellectual Property Rights in and associated with the Platform and the Service, including without limitation, any trade marks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the Platform should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Platform without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to content posted on the Platform but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any User Materials or enforce limitations on use of the Platform or the Materials therein. Material displayed on or through the Platform is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
  15. The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company may inform the appropriate authorities.
  16. If you are an owner of Intellectual Property Rights or an agent who is fully authorised to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorised to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. The notification and the request must contain the following information:

A.     a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

B.     identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works;

C.     identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Material;

D.     information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address;

E.     a signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorised by the Intellectual Property Rights owner, its agent, or the law;

F.      a signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content; and

G.     a signed statement that the information in the notification is accurate and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. All notifications under the above clauses must be sent to info@pinss.io
  2. Users will be invited to send comments to the Company email relating to the integrity and performance of other Users.
  3. The following restrictions shall apply to all Users. You must:

A.     not use the Platform or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;

B. not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;

C. use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of the Company’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”).

D. not use any automated software to view the Platform without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for internet search engines (e.g, Google) and non-commercial public archives that comply with our robots.txt file) and only access the Service manually;

E. not use the Service other than for your own personal use

F. not attempt to copy any Material or reverse engineer any processes without the Company’s consent;

G. not use the Platform in any manner that is illegal, immoral or harmful to the Company, or to other users or the UAE;

H. not use the Platform in breach of these terms and our privacy policy;

I. not remove or alter any copyright notices that appear on the Platform;

J. not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;

K. not interfere with any other User’s enjoyment of the Platform;

L. not to conduct yourself in an offensive or abusive manner whilst using the pinss platform;

M. not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisements on a third party website or post any advertisement on behalf of such User;

N. “stalk” or otherwise harass anyone;

O. not collect personal data about other Users or entities for commercial or unlawful purposes;

P. not transmit any User Material that:

    1. harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
    2. includes personal or identifying information about another person without that person's explicit consent;
    3. may violate the Cyber Crime Laws of the UAE;
    4. impersonates any person or entity, including, but not limited to, a Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
    5. is protected by copyright or patent, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
    6. infringes any of the foregoing Intellectual Property Rights of any party, or is User Material that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
    7. constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
    8. constitutes or contains any form of advertising or solicitation if: (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to the Company Users who have requested not to be contacted about other services, products or commercial interests; and
    9. includes links to commercial services or third party websites, except as specifically allowed by the Company.
  1. By submitting User Material on the Pinss platform, the User grants pinss a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the User Material. Pinss will not pay the User any fees whatsoever for the User Material and reserves the right in its sole discretion to remove or edit the User Material at any time. The User warrants and represents that it has all rights, consents and/or authorisations in respect of the User Material necessary to grant Pinss these rights. The license set forth in this Clause permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). The Company may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorised access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Material made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.
  2. The User agrees to abide by the Cyber Crime Laws put in place in the UAE.
  3. The Company permits the User to post User Material on the Pinss platform in accordance with the Company’s procedures and policies provided, that the User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to the Company or to the UAE. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable. You also warrant that any User Material you post does not violate the cyber crime laws in the UAE.
  4. The company may moderate user materials from time to time but can not guarantee that all user material may be reviewed. If any other user’s material offends you in any way, you may report that material for our review.
  5. No Spam Policy

A) You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s e-mail system. Any communication between yourself and any other User utilising the communication features available on the Service and the Website may be used only in accordance with these Terms.

B) Any unauthorised use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Platform, we may report this behaviour to the relevant authorities, who then may decide to prosecute you under the relevant UAE laws.

  1. Limitation of Liability:

The Company shall not be liable for any:

    1. Consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);
    2. loss of profit;
    3. loss of business;
    4. loss of revenue;
    5. loss of or corruption to data;
    6. loss of use;
    7. loss of production;
    8. loss of contract;
    9. loss of opportunity;
    10. loss of savings, discount or rebate (whether actual or anticipated);
    11. harm to reputation or loss of goodwill;
    12. loss of anticipated savings,
      • A.     (in the cases of Clauses ‎25.1 to 25.11 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.
      • B.     The limitations at Clause 25.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the platform or the Service or any links on the platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or the Service or any links to the Platform or Service.
      • C. The limitations in this Clause 25 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
      • D. Whilst the Company will take all reasonable attempts to exclude viruses from the Platform, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Platform.
      • E. The Platform includes information and materials uploaded by other users of the platform. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and, as far as the law allows, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
      • F. The Company does not guarantee that the platform will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the platform will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the platform for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the platform, to protect yourself in case of problems with the platform or the Service.
      • G. The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
      • H. The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the platform and has not approved such linked websites or the material or information available from them.
      • I. The Company does not guarantee, represent or warrant that the information accessible via the platform is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Platform, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
      • J. The platform and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the platform, the Service and the User Material are suitable for its purposes. A User in making any financial or other decision based on User Material or other information in the platform accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.
      • K. None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company.
      • L. The Platform is controlled and offered by the Company from facilities in Dubai in the United Arab Emirates. The Company makes no representations or warranties that the platform is appropriate for use in other locations. Those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

 

26. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR CONTENT.

27. No Liability for Conduct of other USERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS  OF THE SERVICES. YOU UNDERSTAND THAT PINSS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR OTHER USERS OF THE SERVICES. PINSS MAKES NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PINSS MAKES NO WARRANTY REGARDING THE QUALITY OF SUCH GOODS OR SERVICES, NOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT MADE AVAILABLE BY THIRD PARTIES ON OR THROUGH THE PLATFORM. 

 

28. Disputes Between Users; Waiver of Claims Against Pinss. 

If you have a dispute with another User, Pinss recommends you resolve the dispute in an amicable manner. However, if you can’t, please understand that Pinss is not responsible for the actions of the users on the platform. Each User is solely responsible for their own actions and behavior. Accordingly, you agree that Pinss has no responsibility for the conduct of Users or other third parties and, to the maximum extent permitted by applicable law, you hereby release Pinss from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes involving you and other Users.

29. Indemnity


A.     The User agrees to defend, indemnify and hold harmless the Company, Pinss and each of their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, the Platform or the Service; (b) your breach of  any provision of these Terms; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform and the Service.

B.     Products and Services Offered by Users You, and not Pinss, are responsible for your own decisions and actions on the platform. Pinss does not own or sell any of the products or services listed by Users on the platform, so any actual contract formed is between the User making an offer and the User seeking to purchase or otherwise acquire those goods or services. Pinss does not process payments related to any transaction between Users contracted on or through the Platform.

C.     Engaging Other Users. Pinss does not interview, run background checks on, monitor, supervise, direct or control Users. In addition, the use of Pinss to find a service, via search, Business Pages, or any similar feature, does not make us an employer, placement agency, representative, or agent of or for you or any other User or service provider, and you acknowledge and agree that no such relationship is intended or created by these Terms or your use of the Services. If you and another User decide to work together, the two of you, and not Pinss, are solely responsible for complying with any applicable laws. Users are not independent contractors, employees, joint venturers, franchisees, or service providers to or for Pinss.

D.    Prohibited Transactions. You may not use the platform to solicit, advertise for, or contact in any form, Users for any purpose not related to the platform. You may not use the platform to collect the contact information or other personal information of Users, by electronic means or otherwise, without our prior written consent.

E.     Pinss is Only a Platform. Pinss is not a party to interactions, transactions or disputes between Users, and while we may, in our discretion, help facilitate the resolution of disputes we have no control over and do not guarantee (i) the existence, quality, safety, or legality of any goods or services listed by Users on the Services; (ii) the truth or accuracy of User Material or listings; (iii) the ability of Users to sell or pay for goods or services; (iv) that Users who choose to contract with one another will actually complete the transaction, or (v) the integrity, responsibility, or actions of any User. Pinss reserves the right to remove any User’s listing on the Services for any reason or no reason, at any time, with or without notice. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER PINSS NOR OUR AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. PINSS AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.

F.     Integration. These Terms, including our Community Guidelines, and other Terms and policies referenced herein, constitute the entire agreement between you and the Company with respect to our Services, and supersede any other agreements or understandings (oral or written).

 

30. NOTIFICATION PREFERENCES.

By accepting these terms you agree that we will send you notifications to your device and may send you emails and text messages. You can switch off notifications from the app at any time.

 

31. The Marketplace

 You confirm that all items you post for sale in the marketplace confirm to the below clauses:

A.     The items are genuine

B.     The items are Free of Defects

C.     You are the sole owner of the item(s) or you have the right to sell

D.    The items are located in the UAE

E.     Not Illegal items as per the UAE laws

F.     The item should be as described

G.    The item should accurately be described by the category in which it is advertised

H.    The item should be immediately available for sale

I.      The item should have accurate pricing

 

32. THIRD-PARTY SITES AND SERVICES.

Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pinss. We don’t endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, advertisement, service, or other Content from the Platform, you do so at your own risk. Pinss may not warn you that you are leaving the Platform and are subject to the terms and conditions of another website or domain, which is not under the control of Pinss. You agree that Pinss has no liability arising from your use of or access to any third-party website, service, or Content.

 

33.  CHANGES TO OUR SERVICE.

We may offer additional Services and product features, or add, change, or discontinue our existing Services and product features at any time and in any region, with or without notice to you. If you are dissatisfied, your sole remedy is to stop using our Services or the affected feature.

 

34.  Deletion of User Account

A user may request that their profile on the Pinss platform be deleted by sending an email to info@pinss.io  

 

35.  Deletion of Business Page

A business may request that their Business Page on the Pinss platform be deleted by sending an official letter by email that is signed and stamped by an authorized signatory of the company to info@pinss.io .

 

36.  Businesses Services 

1.     “Business Services” are services and features offered to Users that are intended for commercial or business uses, such as a claimed Business Page and Local Deals

2.     Eligibility. Business Services are available to Users who meet (i) the eligibility requirements for Users set forth in the earlier clauses and (ii) any specific eligibility requirements for the applicable Business Service. We reserve the right to refuse your ability to use any Business Service at any time, for any or no reason, without liability to you.

3.     Restriction, Suspension and Termination.
We may restrict, suspend or terminate your Account and/or Business Page if any of these things happen:

A.     You do not comply with the Terms and Community Guidelines

B.     You violate Applicable Laws (as defined below) or violate or infringe or misappropriate third-party rights;

C.     We are unable to confirm any information that you have provided or if we learn that it is inaccurate or misleading;

D.     We are required to do so to comply with a legal requirement or a court order; and/or

E.     We reasonably believe that your conduct may cause harm or liability to a User, third party, or us (for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you).

F.     Where we consider taking such action, we will give you appropriate notice and a clear explanation of our reasons for doing so and the grounds which we rely on – where the action concerned is termination of your Account, we will give you 30 days’ prior notice (unless an Applicable Law requires us to terminate the Account in a shorter timeframe or you have repeatedly breached your obligations under these Terms).

4.     If you believe your Account has been restricted or suspended in error, you can lodge a complaint by contacting us on info@pinss.io

5.     If we decide to revoke our decision to restrict or suspend your Account, we will reactivate your Account without undue delay.

6.     Availability of Business Services. We may modify or discontinue the availability of any Business Services at any time in our sole discretion without liability to you. We will notify you of any material modifications as legally required (for example, by emailing you, or by posting an amendment notice in your notifications feed).

7.     Your Obligations. By using the Business Services (including by claiming or creating a Business Page) you represent and warrant on an ongoing basis at all relevant times that (i) you have the authority to act on behalf of the Business or Businesses associated with or claimed through your Business Page and bind such Business (including the business entity) to these Terms, (ii) your use of the Business Services will only be for commercial purposes and conducted in your capacity as an authorized representative of the Business, (iii) any relevant Business is duly incorporated, organized, validly existing and in good standing under the laws of the territory in which the Business is registered, (iv) your Business and all Content you submit to the Platform complies with all applicable laws, regulatory requirements, industry rules, and governmental regulations (collectively, “Applicable Laws”), (v) your User Material does not infringe or misappropriate the rights of any third party, (vi) all information provided by you via the Business Services is complete and accurate, (vii) you have all necessary licenses, rights, permissions, and clearances (including from any third party) in your User Material to use and to grant Pinss all licenses to your User Material described in the Terms; and (viii) except as expressly permitted by Pinss in writing, your User Material does not include pixels, cookies or other technology intended to track or record the activities of Pinss Users or Visitors. You acknowledge and agree that, where applicable, you are responsible for providing data usage notices to and receiving consents from all Users or Visitors that engage with your User Material. You agree that Pinss will determine the size, placement and positioning of your User Material on the Services, and Pinss reserves the right to reject, disable, or remove your User Material for any reason. 

8.     Verification of Businesses. Some Business Services require Pinss to verify your Business including, but not limited to your related Business Page Information (as defined below) or business registration documents). You agree to provide accurate information for verification purposes and acknowledge that if we are unable to confirm the information that you have provided or if we learn that it is inaccurate, we may limit, suspend, or terminate your Account.

9.     Interactions and Transactions with Users. You and your Business are responsible for your actions on the Platform. You further acknowledge and agree that you and your Business’s interactions with Users may affect the reputation of your Business, and it is therefore your sole responsibility to conduct yourself appropriately and carefully in your interactions with Users. Business shall abide by the terms stipulated in all of this agreement. We are not a party to transactions or disputes between Users, including disputes over negative reviews or other User Content. WITHOUT LIMITING ANY TERM OF THIS AGREEMENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR YOUR OR YOUR BUSINESS’S INTERACTIONS WITH OTHER USERS. We do not make any guarantees about the verification of USERS, and we do not interview, run background checks on, monitor, supervise, or control Users.

10.  Data Protection. You agree to ensure (and that you are solely responsible for ensuring) that (i) your collection, use and disclosure of information relating to an identified or identifiable User, Visitor or other natural person (“Personal Information”) that you collect in connection with your use of the Platform complies with Applicable Laws, including, without limitation, those pertaining to privacy, data security, data protection and direct marketing, (ii) you have given all notices to, and obtained all consents from, any individuals to whom such Personal Information pertains as may be required by Applicable Laws for your collection, use and disclosure of such Personal Information, (iii) reasonable technical and organizational safeguards are employed to protect the confidentiality and security of such Personal Information, (iv) if you collect information from Users or Visitors, your Business Page makes clear that you (and not Pinss) are collecting it, and (v) you do not use Personal Information obtained through a prompt or request on your Business Page except for the purpose explained by such prompt or request, unless you have the relevant individuals’ explicit consent to use the information for another purpose. You represent and warrant that if you provide Pinss with any Personal Information, you have obtained all rights and consents as are necessary under Applicable Laws or otherwise to disclose such Personal Information to Pinss and for pinss to use it as described in our Privacy Policy.

11.  Business Pages. Business Pages on Pinss have a public visibility which means they are visible on the platform and on the internet which means they are visible to search engines. Business Pages may include recommendations by users which are also visible publicly. If you wish to delete your business page and make it not visible to anyone, kindly send an official email on your company letterhead, which should be signed and stamped by an authorized signatory to remove the page. You understand that Pinss presumes your actions and those of other Users associated with your Business Page are authorized and legitimate. Pinss is not responsible for your Business Page or your Account and has no obligation (but reserves the right) to verify the scope of authority of you or any other Users associated with your Business. Your business account is tied to your role with that Business. If your position associated with a Business terminates (for example, if you resign), then you must send us an email to info@pinss.io so we can take the necessary action.

12.  Business Pages contain a basic set of details about the Business or brand, such as street address, business category, telephone number, and a location map (“Business Page Information”). Pinss reserves the right to correct, modify, or license Business Page Information submitted by a User. Business Page Information may be public and accessible to search engines. You acknowledge that Pinss may reformat or present Business Page Information in various ways and may share Business Page Information with our partners. In some cases, Business Page Information may not be accurate, and may not be updated promptly or at all. Business Page Information may also include notes, metrics, scores, and other information about a Business. Pinss is not responsible for the accuracy of the information on a Business Page.

 13.  Messages. Messages that you post from your Business Page or as your Business (where that feature is available), such as Business Posts or replies to Users who recommended your Business, will be affiliated with and have the same visibility as your Business Page. However, replies to private messages are visible only to you and the User to whom you replied. Users have the ability to opt out of receiving messages from any User, including Users with Business Pages, and some Users communicating with or commenting about you or your Business may choose to opt out of communications from you. You undertake that you will comply with Users’ choices.

14.  Fraudulent Recommendations Business may not engage in conduct that could artificially inflate or harm a business’s reputation, such as offering discounts or other incentives in exchange for recommendations (including fraudulent recommendations) or with the intent to manipulate the same. You undertake that you will comply with Applicable Laws.

15.  Direct Solicitation. The use of your Account or Business Page to collect Personal Information about other Users without their permission for the purpose of direct solicitation or otherwise in violation of the Terms and Privacy Policy is prohibited.

16.  Trademarks and Endorsements. You agree to not use Pinss’s name, logo, or trademarks as per the UAE laws and regulations.

17.  Your Website. You grant Pinss a non-transferable, fully-sublicensable (through multiple tiers), non-exclusive, royalty-free, limited license to display your public Business website and contact information on the Services or to allow for its display through iframes or other framing technology.

18.  Ranking. Pinss Is not responsible for the way your business ranks in the search. You will completely indemnify Pinss for the rank result of your business in the search

19.  Indemnification; Disclaimers; Limitation of Liability.

You agree to indemnify, defend, and hold the Pinss harmless from and against any claims, damages, losses, liabilities, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute due to, arising out of, or relating in any way to (a) your actual or alleged breach of these Business Terms; (b) your use of the Business Services, or any Content, products or services provided, promoted or advertised by you in connection with the Business Services; or (c) the actions related to the Business Services taken by each individual with access to your Account, whether such actions were authorized or otherwise.

37.  General

1.       Subject to these Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation.

2.     The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Platform again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Platform if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Platform and your use of the Service.

3.     If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

4.     The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company’s prior written consent.

5.     Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.

6.     The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

7.     Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

8.     The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.

9.     These Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and./or the Platform must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.

10.   These Terms shall inure to the benefit of and be binding upon each party's successors.

11.     If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.

12.   All website design, text, graphics, the selection and arrangement thereof are Copyright ©Pinss.io, ALL RIGHTS RESERVED.

13.   Pinss is a trademark of Pinss or its subsidiaries and may be registered in certain parts of the world.