Pnutso Jul 18, 2021
1.1. Any individual who uses the Platform and/or enters a Bundle Draw ("User," "You," or "Your") agrees to be governed by the terms of this User Agreement. If You do not agree to this User Agreement or any of its provisions (including any changes), You must stop using the Platform and refrain from participating in any Bundle Draw.
1.2. As of the starting date , this User Agreement is effective. We reserve the right to change this User Agreement at any time without notice, and the changes will take effect after they are published on the Platform. You acknowledge and agree that it is Your obligation to check this User Agreement on a regular basis to be informed with any changes.
Following such modifications, your continued use of the Platform or any of Our goods, offers, and services, including but not limited to Bundle Draws (“Services”), will be considered as acceptance of those amendments.
2. General Terms and Conditions
2.1. General Information
2.1.1. Pnutso' delay to assert or enforce any right or term of this User Agreement does not imply that such right or provision has been waived.
2.1.2. If any clause of this User Agreement is declared invalid or inadmissible by a court of competent jurisdiction (including, without limitation, because it conflicts with the laws of another jurisdiction), We and You agree that the court should try to give effect to Our intentions as expressed in this User Agreement. If any term of this User Agreement is found to be invalid, unlawful, or unenforceable, the validity, legality, and enforceability of the other sections of this User Agreement will not be harmed or damaged in any manner.
2.1.3. You agree that any claim or suit You file resulting from or related to Your use of the Service and/or the platform must be initiated within a reasonable amount of time and in any event in one (1) year from the date the cause of action arose.
2.1.4. Any legal disputes out of or in conjunction with this User Agreement, including any concern or claim about its establishment, validity, or dissolution, will be resolved exclusively by the Dubai Courts. The laws of the emirate of Dubai will govern and be construed in line with this Agreement.
2.1.5. You may not transfer or assign these Terms, or any rights or licenses granted hereunder, but Pnutso may do so without limitation. Any assignment or transfer that You make is invalid.
2.2. Membership Criteria
2.2.1. Pnutso will verify that its members are legally capable of entering into transactions and that children do not purchase, use, or have access to inappropriate content. Individuals under the age of 18 are not eligible for membership or usage of the Platform. When registering any details with the Platform or submitting any information to Us, You represent and declare that You are at least 18 years old and that any information You enter is genuine and accurate.
2.2.2. Pnutso retains the right to reject, limit, suspend, or terminate an individual's membership or participation for any reason, including if Pnutso determines the individual is under the age of 18 or that any information provided is not accurate or genuine.
2.2.3. Individuals whose membership has been rejected, limited, suspended, or revoked by Pnutso are not eligible to utilize the Platform.
2.2.4. A user may only register for the Platform once.
2.3. Digital Media
2.3.1. You give your permission for your name to be used if you win one of the Bundle Draws. This includes, but is not limited to, the publication of Your name in local and regional newspapers, the Platform, and any social (online) media profile linked with Us.
2.3.2. You agree that We may post on the Platform and on any social (online) media profile linked with Us any and all digital records produced by Us, including but not limited to pictures, videos, and call recordings of the Prize, the Bundle Draw, the winning phone call, and the Prize collection. The Winner's image and/or voice recordings, as well as their name, may be included in these digital records.
2.4. Requirements for Registration and Membership
2.4.1. You will be required to create an account and register information with Us in order to create a membership (“Membership”) in order to access the Services and use the Platform.
You agree that any information You provide to Us in connection with the Membership will be complete and accurate, that You will not register under the name of another individual or attempt to enter the Membership under their name, and that You will not use a username that We, in Our sole discretion, consider objectionable. If We believe You will not adhere to these Terms, We retain the right to refuse your registration.
2.4.2. You are responsible for keeping your Membership data up to date so that they are always deemed genuine, accurate, updated, and complete. We have the right to suspend indefinitely, limit, or withdraw Your Membership and/or access to the Platform if You provide any information that is untrue, inaccurate, not recent, or inadequate, or if Pnutso suspects in Our sole discretion that such information is false, inaccurate, not recent, or inadequate, or not in accordance with this User Agreement.
2.4.3. You will be asked to submit certain information and register a username and password for usage of the Platform when creating Your account on the Platform in order to create Your Membership.
You must safeguard Your account using reasonable measures to keep it secure, and You are solely responsible for the security of, and restricting access to and use of, Your account and password to the Platform at all times. You acknowledge and agree that you are responsible for any actions that occur under Your account with Us.
If another individual uses your login information to access the Platform, you will be held liable for all acts taken in your name.
You will no longer be permitted to access the Platform or Your Membership if this agreement is terminated, and We retain the right to enforce this termination by any methods available to us.
You agree to inform Pnutso promptly if Your Membership is used without your permission or if any other security violation occurs.
2.4.4. You are not permitted to utilize another individual's membership at any time. You undertake to fully compensate Pnutso for any costs, expenses, or damages incurred as a result of the inappropriate, unauthorized, or unlawful use of Your Membership and password by You or any other individual gaining access to the Platform.
2.4.5. You may not distribute or trade your Pnutso membership to another individual, and you agree to be fully liable for all membership activities.
2.5. Policy on Refunds and Cancellations
2.5.1. All sales are final, and there are no refunds.
2.5.2. Pnutso will replace any damaged items only if they are defective, subject to any warranties and/or guarantees given by the product's manufacturer. Pnutso disclaims all duty and responsibility for any fault in a prize won as a consequence of a Bundle Draw.
2.5.3. Otherwise, reform is impossible.
2.6. Payment Gateway
2.6.1. If You use our Platform to pay for Our Services, the information You give will be sent directly to our payment provider through ensuring a secure connection.
2.6.2. A copy of transaction records, as well as merchant regulations and guidelines, must be kept by the cardholder.
2.6.3. Multiple transactions on the cardholder's monthly statement may result in multiple postings.
2.6.4. The VAT is included in the product prices per unit listed on Our Platform.
2.6.5. Users may be charged in US Dollars (USD) or United Arab Emirates Dirham (AED) , depending on the country of access and the credit card utilized. There may be minor differences in value owing to fluctuations in foreign currency rates in such instances.
2.7. Conduct 2.7.1. You may not use the Platform or the Platform-based Services for any function other than the one for which we allow access to You. In our sole discretion, we may restrict certain practices in connection with the Platform and Services. These activities include, but are not limited to, the following:
22.214.171.124. Fraud, distribution of obscene content, drug trafficking, gambling, extortion, bullying, spamming, intellectual property theft, copyright infringement, or embezzlement of confidential information and all such instances of criminal, valuation, or wrongful behavior.
126.96.36.199. With the exception of Pnutso' prior written consent, no advertising to, or solicitation of, any User to buy or sell any items or services is permitted.
188.8.131.52. Distribution of spam mails, junk email, chain letters or any unwanted communication to other users.
184.108.40.206. Without the user's prior explicit agreement, using any information collected from the service to contact, advertise to, solicit, or sell any items or services to them.
220.127.116.11. Utilizing the Product in an automated fashion, such as by using programs, scripts or bots to submit comments or messages.
18.104.22.168. Tampering with, interrupting, or putting excessive strain on the service, or the networks or services connected to it.
22.214.171.124. Attempting to impersonate another User or individual.
126.96.36.199. Impersonating another user through that individual's username or account.
188.8.131.52. Utilizing the information received from the Service for the purpose of harassing, abusing, or harming another individual.
184.108.40.206. Accepting any form of remuneration from a third party in exchange for performing any economic activities on or through the Service on that individual's behalf.
220.127.116.11. Using the Service in a method which is against all applicable rules and regulations of the United Arab Emirates and the country of use.
18.104.22.168. Activities that are harmful, abusive, unlawful, threatening, harassing, blasphemous, immoral, defamatory, obscene, pornographic, paedophilic, defamatory, intrusive of someone else's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling, or harms or could harm minors in any way, or otherwise unlawful in any way
22.214.171.124. Any behavior that harasses, degrades, intimidates, or hates an individual or a group of people because of their religion, gender, sexual orientation, race, ethnicity, age, or disability.
126.96.36.199. Any activity that involves the disclosure of personal or identifiable information about another individual without their explicit consent.
188.8.131.52. Any action that impersonates an individual or entity, including but not limited to a Pnutso employee, or falsely claims or otherwise misrepresents an individual or entity's connection.
184.108.40.206. Any activity which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature. Additionally, You agree not to:
220.127.116.11. contact anybody who has requested not to be contacted, or conduct unwanted commercial contact with anyone;
18.104.22.168. Utilization of automated means to download or scrape data from the Service, such as spiders, robots, crawlers, data mining tools, or the like; with the exception of internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file,
22.214.171.124. Attempt to gain unauthorized access to Pnutso' computer systems or participate in any action that disrupts, degrades the quality of, interferes with the Platform's performance, or affects its functionality.
2.7.2. Any content that You post will be subject to relevant laws and may be blocked or investigated as a result of such laws. We may also cancel Your account/block Your access to the Platform, or any portion of it, if You are found to be in violation of such laws and regulations, and we retain the right to remove any non-compliant content posted by You.
2.7.3. You are completely liable for any repercussions, losses, or damages we may suffer as a result of any actions you engage in, whether directly or indirectly.
2.8. User Contributions 2.8.1. When using the Platform and the Services supplied through the Platform, you acknowledge that a variety of things can go wrong. You accept all ownership and accountability for these incidents, and you waive any claims against Pnutso if they occur.
You understand and agree that when using the Platform, You will be exposed to Materials from a variety of sources, and that Pnutso is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, to the extent that applicable law allows, and that You agree and assume all liability for Your use. You may also be exposed to Materials that are inaccurate, offensive, indecent, objectionable, defamatory, or libelous, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Pnutso with respect to such Materials, to the extent permitted by law.
2.9. Electronic Communication
2.9.1. You will be required to create an account and submit personal information to Us in order to create a membership (“Membership”) in order to access the Services and use the Platform.
You agree that any information You submit to Us in these sections will be complete and true, that You will not register under the name of another individual or seek to access the Membership under their identity, and that You will not use a username that We, in Our sole discretion, find objectionable.
If We feel You will not comply with these Terms, We retain the right to refuse your registration.
2.10. Unsolicited Communications
2.10.1. These Terms strictly prohibit you from sending unsolicited email advertising or other unsolicited communications to Pnutso email addresses or through Pnutso information systems. Unauthorized use of Pnutso computer systems is a violation of this User Agreement as well as some relevant laws, including the UAE Cybercrimes Law.
Such breaches may result in civil and criminal consequences for the sender and his or her representatives. Please be aware that cybercrime in the UAE entails severe consequences, including jail.
If You plan to solicit or contact Our Users by getting their email or phone numbers through Our Platform, we may report you to the appropriate authorities, who may then opt to punish you under UAE law.
2.11. Intellectual Property Rights
2.11.1. Pnutso owns the licenses of the Platform and the materials on it, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Materials"), as well as the trademarks, service marks, and logos contained therein ("Marks"), and they are subject to copyright and other intellectual property rights under UAE and foreign laws.
The Platform may display some intellectual property products belonging to third parties in conjunction with the Services. The use of these items may be subject to a license given to Pnutso by third parties.
You may not replicate, disassemble, or decode such items, and nothing in this Agreement grants you any rights in regard to such goods. The Platform's materials are provided to You AS IS for Your information and personal use only, and they may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, and otherwise exploited for any other reason without the express written authorization of the respective owners.
Pnutso reserves all rights to the Platform and Materials not explicitly granted hereunder. You agree not to use, copy, or distribute any of the Materials for any commercial purpose other than as specifically allowed above. This includes any use, copying, or distribution of Materials received from third parties through the Platform.
You undertake not to deactivate, circumvent, or otherwise interfere with the Platform's security mechanisms, or features that prohibit or restrict the use or copying of any Materials, or that impose limits on the Platform's or Materials' usage. Copyright laws, other laws, and international agreements protect the content shown on or via the provision of the services as a collective work and/or compilation.
It is explicitly forbidden to reproduce, modify, create derivative works from, or redistribute the Platform, the Materials, or the collective work or compilation.
It is explicitly forbidden to copy or reproduce the Platform, the Materials, or any component thereof for the purpose of future reproduction or redistribution.
2.12. Third-Party Application Disclaimers
2.12.1. The use of any third-party application is controlled by the terms and conditions given by the third-party application, not by Us.
Because Pnutso does not regulate the usage of third-party programs, you are completely responsible for how you use them.
Pnutso is not responsible for any third-party apps, and you recognize that their original publisher and/or respective rights owner may modify or remove such programs at any moment. You accept all responsibility and risk associated with the use of any third-party apps (including any material included therein), and Pnutso expressly disclaims any and all liability to You or any third-party in connection with such usage.
2.12.2. Pnutso has no responsibility to check or scan third-party apps for any reason, and is not responsible for their correctness, completeness, suitability, or legality.
The fact that a third party application is available via any online platform or otherwise is not an endorsement, authorization, or representation of Pnutso' affiliation with any third party, nor is it an endorsement of such third party application, and You hereby waive any legal or equitable rights or remedies You may have against Pnutso with respect to such third party application.
Pnutso has no control over third-party applications, products, services, software, or any other online platform, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software, or any other online platform. We are not responsible or liable, directly or indirectly, for any harm or loss caused to You as a result of Your use of or reliance on any third-party apps, products, services, software, or any online platform.
2.13. Liability Limitations
2.13.1. To provide a dependable and pleasurable service Bugs must be fixed, upgrades must be installed, and general diagnostics and maintenance must be performed.
We cannot guarantee that the Platform and Services will always be available, free of problems, omissions, or errors. To the extent permitted by law, the Platform's content and functionality, as well as the Services, are given "as is," with no explicit or implied warranties of any kind.
2.13.2. The Platform may not always provide correct information. We rely on data from various sources to compile the information presented on the Platform.
We work with our partners to ensure that the data is accurate and up to date, but we cannot promise that this will always be the case.
2.13.3. Pnutso and Our data providers will not be liable for any incidental, indirect, special, punitive, exemplary, or consequential damage resulting out of Your use of or inability to use the App, including any restrictions, loss of revenue or expected profits, loss of reputation, loss of business, loss of information, computer malfunction or system failure, or any other damages.
2.13.4. We expressly disclaim all terms and warranties whatsoever, including express or implied, including, but not limited to, performance, fitness for a particular, and non-infringement.
2.13.5. You explicitly acknowledge and agree that any claim against Us shall be limited to the amount You paid to Us, if any, for use of our Platform and/or Services, in combination with the limitations of warranties as stated below.
2.14.1. You agree to defend and agree to indemnify Pnutso and its related entities, as well as their founders, executives, stockholders, successors, designates, agents, providers, vendors, and personnel, from and against any and all claims, damages, obligations, losses (whether direct, indirect, or consequential), obligations, expenses or debt, and expenses (including but not limited to legal costs and expenses) from the following: (i) Your violation of any provision of this User Agreement; (ii) Your violation of any third-party right, including but not limited to any copyright, trademark, trade secret or other property, or privacy right; (iii) Your use of the Platform or the Service; or (iv) any claim that the Platform, Services, or any Materials caused damage to You or a third-party. This responsibility to defend and indemnify shall survive the termination, modification, or expiration of this User Agreement, as well as Your use of the Service and Platform.
2.15. Service Limitations and Termination of Use
2.15.1. Pnutso may impose restrictions on how you use the Service from time to time, such as the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which You may access the Service or the Platform.
2.15.2. Pnutso reserves the right, with or without notice, to change or discontinue the Service on the Platform (or any part thereof), and Pnutso will not be responsible to You or any third party as a result of such modification, suspension, or discontinuation.
2.15.3. You agree and acknowledge that Pnutso has the entitlement (but not the requirement) to deactivate or disable Your account, restrict Your email or IP address, or otherwise eliminate Your access to and the use of the Service or Platform (or any part thereof) at any moment and without notification for any reason or no reason at all.
You furthermore accept that Pnutso will not be accountable to You or any third party if Your access to the Platform or Service is suspended.