Terms of use | Pine Labs

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM.

The domain name www.pinelabs.com, an internet based portal, is owned and operated by Pine Labs Private Limited and/or its Hold Co , subsidiaries, affiliates and authorized service provider (hereinafter referred to as “Pine Labs” or “We” or “Our” or “Us” or “Company”). The domain name is referred to as the “Platform”.

Your access or use of the Platform, transaction on the Platform and use of Services (as defined herein below) hosted or managed remotely through the Platform, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Pine Labs on the other part.

By accessing, browsing or in any way transacting on the Platform, or availing any Services on the Platform as provided by Pine Labs and its affiliates, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, which also governs Your visit to the Platform, to understand Our practices, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. Please note that Pine Labs reserves the right to update/ amend these Terms of Use or any other policy included by reference at any time without notice to the User, therefore, You may periodically review this page/link to make sure You have the latest version of the Terms and Privacy Policy (the “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the Terms in place when the Dispute arose.

The Platform that facilitates payment technology services including loyalty, rewards and gift card, EMI etc. (herein after referred to as the “Services”). Pine Labs and its affiliates attempt to be as accurate as possible. Any links to other sites via Pine Labs Platform, over which Pine Labs has no control are subject to terms of such links/sites and Privacy Policy of Pine Labs. Pine Labs is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

By using Pine Labs Services You agree to the following disclaimers:

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PINE LABS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“PINE LABS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PINE LABS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE PINE LABS PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PINE LABS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY PINE LABS, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

NO LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PINE LABS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PINE LABS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PINE LABS ‘S REASONABLE CONTROL. IN NO EVENT SHALL THE PINE LABS PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PINE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Services would be made available to such natural persons who have agreed to use the Platform. To the full extent permissible by applicable law, Pine Labs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Pine Labs does not warrant that this site, its servers, or email sent from Pine Labs are free of viruses or other harmful components.

By visiting pinelabs.com, you agree that the laws of relevant jurisdiction (“Applicable Laws”), without regard to principles of conflict of laws, will govern the conditions of use and any dispute of any sort that might arise between You and Pine Labs or its affiliates.

As a condition to Your use of the Platform, You must be 18 (eighteen) years of age or older to use or visit the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to Pine Labs that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use.

The contents on the Platform including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, solely contains content provided by Pine Labs including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, “Content”). The Content is the property of Pine Labs and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Eligibility

For the purposes of availing the Services through the Platform, Pine Labs may collect the following personal information from You:

  • (i) Name
  • (ii) User ID
  • (iii) Email address
  • (iv) Address (including country and ZIP/ postal code)
  • (v) Gender
  • (vi) Age
  • (vii) Mobile/Phone number
  • (viii) Password chosen by the User
  • (ix) Valid financial account information
  • (x) Other details as You may volunteer.

The use/ access of the Platform is only available to natural persons, other than those who are ‘incompetent to contract’ under the Applicable Law of the relevant jurisdictions That is, persons including minors, un-discharged insolvents etc. are not eligible to use/ access the Platform. By accessing or using the Platform, You accept the terms of these Terms of Use and represent and warrant to Pine Labs that you are ‘competent to contract’ under the contract Act and have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use.

The Platform uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Pine Labs for the technical administration of the Platform, research and development and for User administration. In the course of optimizing services to You, Pine Labs may allow authorized third parties to place or recognize a unique cookie on the Your browser. Pine Labs does not store personally identifiable information in the cookies. Without prejudice to the foregoing You agree that Pine Labs shall not be held liable or responsible for 'phishing attacks' on You. You may accept or decline the cookies when you access Pine Labs Platform. It is the User’s responsibility to set his/her browser to alert him/her to accept or to reject cookies.

Pine Labs, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Platform, at any time while Pine Labs investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

Representation as to legal title

Pine Labs does not make any representation or warranty as to the use of the Services offered on the Platform. At no time shall any right, title, claim or interest in the Services provided through or displayed on the Platform vest with Pine labs nor shall Pine Labs have any obligations or liabilities in respect of any transactions on the Platform.

You agree and acknowledge that pine Labs shall not be responsible for any claim/ liability/ damages that may arise while transacting and/or procuring Services that have been offered on the Platform.

Use of the Platform

As part of the Services, Pine Labs provides Content on the Platform targeted at general public for informational purposes only and does not constitute professional advice or recommendations of any kind. Pine Labs and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Platform. Pine Labs makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by Pine Labs employees/representatives. Pine Labs is not responsible for transmission errors, corruption of data.

The Platform may not be used for illegal purposes. The information provided on the Platform and Services may not be used for any illegal purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organisation’s use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform, the information, or Services. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. You may not use the Services for any illegal activity or goods or in any way that exposes you, other users, our partners, or Us to harm. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

Pine Labs may, at its sole discretion, suspend User’s ability to use or access the Platform at any time while Pine Labs investigates complaints or alleged violations of these Terms of Use, or for any other reason.

Copyright

All content included on this Platform, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of Pine Labs or its suppliers and is protected by Indian copyright laws. The compilation of all products on this site is the exclusive property of Pine Labs and protected by Indian copyright laws. All products used on this site are the property of Pine Labs or its suppliers and is protected by Indian copyright laws.

Trademarks

Pine Labs, the Pine Labs logo, and other marks indicated on our Platform are trademarks of Pine Labs or its affiliates. Other Pine Labs graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of Pine Labs or its affiliates. Pine Labs' and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Pine Labs' or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Pine Labs or its affiliates. All other trademarks not owned by Pine Labs or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pine Labs or its subsidiary or affiliates.

Your license

If you submit material, and unless we indicate otherwise, you grant Pine Labs and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You grant Pine Labs and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pine Labs or its affiliates for all claims arising from content you supply.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Pine Lab’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Pine Labs, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Pine Labs may also monitor such Content to detect and prevent fraudulent activity or violations of Our General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. We assume no responsibility or liability for any Content submitted by you or any third Party.

Copyright Complaints

Pine Labs and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our 'Notice and procedure for making claims of copyright infringement' (mentioned below).
Notice and procedure for making claims of copyright infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pine Labs' copyright agent the written information specified on the Platform. Please note that this procedure is exclusively for notifying Pine Labs and its affiliates, that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A specific description of where the material that you claim is infringing is located on the site;
  • Your address, mobile/phone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Other Terms

The use of the Platform involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Pine Labs from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Pine Labs of any actual or suspected unauthorized use of the Users’ account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Pine Labs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pine Labs shall have the right to suspend or terminate such account at its sole discretion.

Pine Labs may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. Pine Labs shall ensure the same level of data protection that is adhered to by Pine Labs as provided for under applicable law, only if such transfer is necessary for the performance of the lawful contract between Pine Labs or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the Platform, You consent to be contacted by Us You further consent to receive emails, call and messages notifications and information at any time from Us.

Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Pine Labs is in no way responsible for any of the taxes except for its own income tax.

The subscription fees for the Services, if any charged by Pine Labs, could be paid online through the facility made on the Platform. Pine Labs is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Pine Labs.

Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

  • (i) belongs to another person and to which the such User does not have any right;
  • (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • (iii) infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
  • (iv) violates any law for the time being in force;
  • (v) impersonates another person;
  • (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • (vii) is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
  • (viii) viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

  • (i) violating or attempting to violate the integrity or security of the Platform or any Content;
  • (ii) transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of Services by Pine Labs;
  • (iii) intentionally submitting on the Platform any incomplete, false or inaccurate information;
  • (iv) making any unsolicited communications to other Users;
  • (v) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
  • (vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
  • (vii) copying or duplicating in any manner any of the Content or other information available from the Platform; and
  • (viii) framing or hotlinking or deep linking any Content.

Pine Labs, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person/User in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. Pine Labs shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, Pine Labs has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

Communications

When You use the Pine Labs Platform, You agree and understand that You are communicating with Pine Labs through electronic records and You consent to receive communications via electronic records from Pine Labs periodically and as and when required. Pine Labs may communicate with You by email or by such other mode of communication, electronic or otherwise. You specifically agree that Pine Labs shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, Pine Labs will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Platform, You agree that Pine Labs shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Pine Labs shall not be held liable or responsible for 'phishing attacks' on You.

Modification of Platform

Pine Labs reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice. Users agree that Pine Labs will not be liable for any modification, suspension or discontinuance of the Platform or any other part thereof.

Pine Labs reserves the right to change or modify these Terms of Use or any policy or guideline, policies or conditions of use of the Platform including the Privacy Policy, at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform and You are not liable to receive specific notice of such changes or modifications. Your continued use of the Platform will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Platform.

Governing Law and Dispute Resolution

All disputes will be subject to arbitration at the respective jurisdictions in English by a sole arbitrator appointed by Pine Labs under the laws prevalent in the respective jurisdictions as mentioned herein below. You agree to submit to the personal jurisdiction of the courts located within the said jurisdiction, for the purpose of litigating all claims that arise between You and Pine Labs.

Unless otherwise required by a mandatory law of any jurisdiction, these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

Further, You and Pine Labs agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with these Terms of Use and Privacy Policy as provide on the Platform of the Company and any non-contractual disputes/claims arising out of or in connection with them.

Country Governing Law Jurisdiction
India Arbitration and Conciliation Act, 1996 New Delhi
Malaysia The Arbitration Act, 2005 Malaysia
UAE DIFC LCIA Arbitration Centre Rules Dubai
Singapore SIAC as per Rules in existence Singapore

Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Pine Labs. Any consent by Pine Labs to, or a waiver by Pine Labs of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

Contact Information

If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at 0120- 4033600. If any User(s) has any questions concerning Pine Labs, the Platform, these Terms of Use, or anything related to any of the foregoing, Pine Labs can be reached at the following email address plutus.support@pinelabs.com.

Payments

1. You will refrain from engaging in the sale of products and services prohibited/restricted under Terms of Use and shall comply with the provisions therein at all times as available on our website.

In addition, You also agree that:

2. You will offer, at all times, all Payment Methods that are enabled on the terminal as a payment option for customers at your outlet;

3. You will be solely responsible for and bear all risk and liability for products sold at your outlet/store;

4. You will display the all payment/brand logos prominently at your outlet/Stores, as provided by us;

5. In the event You stop using the Services or relationship is terminated as agreed terms, You will delete all information about a customer received under this arrangement;

6. In the event any customers or we need deletion of any data received from us concerning a customer or if the customer asks you to do so, You provide an easily accessible mechanism to adhere to this request. 

7. You will provide us with any information or allow us to audit documents related to this arrangement, if we request to verify your compliance with this Agreement.

8. You represents that You own all rights in their name, logo and/or trademark and hereby authorize us, either directly or indirectly, to use the same in any promotional, marketing and/or publicity activities / material in any published, broadcast or electronic forum, and in any medium of advertising, publicity or trade. .

9. DISCLAIMER TO BE APPLICABLE: THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR QUIET ENJOYMENT.

10. You will not, directly or indirectly: (a) disclose or convey any Transaction Information (except you may disclose this information as necessary for you to perform your respective obligations under this Agreement and to comply with the provisions of applicable laws and provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any Transaction Information for any marketing or promotional purposes whatsoever; (c) contact a Person that has ordered a Merchant Product that has not yet been delivered with the intent to collect any amounts in connection therewith, to influence such Person to make an alternative purchase; (d) disparage us, our Affiliates, or any of their or our respective services or any customer; or (e) target communications of any kind on the basis of the intended recipient being a user of the Payment Partner Site or the Payment Partners Associated Properties.

DCC

1. Dynamic Currency Conversion (“DCC”) is selectively offered to Merchant by any applicable Acquiring Bank and not by Pine Labs/Visa/MasterCard.

2. The Merchant will at all times inform and seek consent of cardholder to initiate a DCC transaction.

3. The Merchant will also inform the cardholder on the choice of currencies that is offered and the exchange rate.

4. Merchant indemnifies and shall defend any claim on DCC transaction that maybe initiated by a cardholder.

myPlutus

The use of this application will be specifically subject to Privacy Policy of Pine Labs as available on https://www.pinelabs.com/privacy-policy. You are required to familiarize yourself with the contents of the same.

Please note that to avail service on myPlutus app you need to download this from the Google/ Apple play storeonto your mobile. At the time of registration and/or login, you will be required to provide the following information:

  • Name
  • Mobile Number on which the app is downloaded
  • Email Address

Services provided via this application:

Track your Pine Labs POS application, raise any service requests including paper roll, request for activation of value added services, see your transaction history, view how to product videos etc.

Contact Information

For any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at 0120-4033600. If you have any questions concerning Pine Labs, this application, these Terms of Use, or anything related to any of the foregoing, Pine Labs can be reached at the following email address plutus.support@pinelabs.com.

Analytics

1. Unless otherwise stated, all reports, data, information, numbers, statistics and other content generated using Analytics shall be the property of Pine Labs Pvt Ltd.

2. You agree and understand that Analytics cannot share the finer details or back up proofs used for generating the reports/analysis.

3. You agree not to misuse Analytics and to only use it in a manner consistent with its stated purpose of analyzing and visualizing data. In particular, you will not use Analytics in a way that is unlawful or may infringe on the legitimate rights of others.

4. By using Analytics you agree to keep all data, reports, content generated herein as confidential and not disclose or share the same with any third party for any reason whatsoever.

Loyalty

1. In-Store Marketing: Merchant participation in the Program will receive coverage in the ‘Pay by Points’ related in-store marketing material which will be deployed at merchant stores and such other channels as may be decided by Pine Labs.

2. Term & Termination: The Pay by points program would continue from the date of signing of this letter until Terminated or deactivation of Plutus terminal at merchant location, whichever is earlier. Either Party reserves the right to terminate this Reward Program for any reason by giving two (2) month’s written notice to the other Party. In all events of termination, both parties shall provide each other all the outstanding amounts, if any, and the said payment shall remain the continuing obligation of the parties till all matters connected therewith are settled.

3. Pine Labs Payments: Timely payments to Pine Labs would be pre-condition to ensure continuity in Pay by Points program, settlement of Merchants and for transfer of payments to program Partners. For the monthly Fixed Program Management Fee, Pine Labs will raise the invoice to the merchant at the end of every month with a 30 day credit period.

Affordability

(Affordability includes EMIs through Credit cards, Debit cards and NBFCs)

1. Merchant understands that Pine Labs services can enable connectivity to various Issuer Banks/NBFCs who may offer Loan/EMI facility. Merchant agrees such EMI offers are at the sole discretion of Issuer Banks/NBFCs. Pine Labs has no role to play in the same. Such Issuer Banks/NBFCs may charge rates of interest from customers as per their prevailing rates of interest which may change from time to time without any prior notice

2. Merchant agrees to follow the guidelines issued by Reserve Bank of India from time to time in relation to EMI Transactions. Merchant agrees that Pine Labs will not be responsible for any loan defaults of credit/debit card/NBFC card customers as it is a direct transaction between Issuer Bank/NBFC and customer.

3. Minimum & Maximum transaction amount on which EMI can be offered is set as per the limit prescribed by the Issuer Bank/NBFC/OEM.

4. The interest rates are subject to change as informed by relevant Issuer Banks/NBFCs.

5. All service taxes / Government taxes, duties, levies and surcharges shall be charged over and above the interest amount. Pine Labs or Card industry stake holders like Issuer Banks/NBFCs and card association (Visa / Master / Amex / Diner / JCB / Rupay) can print any campaigns / promotional details on the customer charge-slip that gets printed on the Plutus Devices.

6. The Merchant agrees not to advertise / market / publicize in any manner, EMI schemes as "zero percent" / "interest free" in letter and spirit.

7. Merchant shall promote goods & services through EMI-Scheme/loan facility on debit cards issued by certain Issuer bank/NBFCs such as SBI, Axis Bank, ICICI, Federal bank, Mahindra Finance, Zest Money, Tata Capital, Money Tap (may be added in our discretion from time to time) and such facilities shall be provided by the Issuer Bank/NBFC to its customers and cardholders via its Merchant Outlets.

8. Issuer Bank/NBFC in discretion approves/disapproves any EMI Scheme or loan facility, as the case maybe.

9. For Debit EMI only, upon approval from the concerned Issuer Bank, Pine Labs shall undertake a validation transaction of Rs. 1/- via acquiring network for the purpose of authentication of the Customer and collect the remaining loan amount from the Issuer Bank and forward the same to the Merchant’s account after deducting the service fees (as mentioned in agreements executed between parties) and applicable taxes.

Gifting

Click here to read detailed terms of use

Restricted Merchant Categories

As it is in all businesses, there are certain categories where no banking facility should be ideally leveraged and as part of the financial industry, Pine Labs also complies with the policy and procedures laid down as per Industry standards. Hence, below category of merchants are restricted from being provided a terminal from Pine Labs. This list will be updated here time to time and will be shared with the Sales leaders.

1. Merchants involved in intangible goods/ unrealistic services (businesses offering treatments that claim to restore beauty/ youth)

2. Where reputational damage can happen to the Acquirer by implication, such as Dance bars, Massage parlours, Escort services, merchant establishments dealing in pornography, Online Adult Membership, Adult Book Stores, Adult Telephone Conversations and other socially unacceptable merchandise / services

3. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes

4. Offensive goods which includes literature, products or other materials that: a) Harms reputation of any person or groups of people based on race, ethnicity, national origin, religion, sex, etc. b) Encourage or incite violent acts c) Promote intolerance and/or hatred.

5. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials

6. Military arms, firearms and ammunitions

7. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.

8. Selling legal highs (including, narcotics or other psychotropic substances)

9. Tobacco, cigar and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products

10. Counterfeit and unauthorized goods, which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.

11. Lobby groups

12. Casinos and gambling equipment, including “Junket Operators” that arrange gambling tours; Sweepstakes, Lotteries, raffles and gambling outlets etc.

13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content

14. Betting, bookmaking, racing - Car/ Animals

15. Live animals or hides/skins/teeth, nails and other parts etc. of animals.

16. Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver

17. Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction

18. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property

19. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in India or anywhere else.

20. Multi-Level Marketing collection fees or sites using a matrix scheme approach

21. Credit repair companies /debt consolidation firms

22. Money Changers, Remittance Services, Money Transmitter, Check Cashing Business, Currency Exchange

23. Businesses where unscrupulous traders are present (E.g. pawn-brokers, money-lenders etc.)

24. Entities engaged in chit funds / unauthorized financial schemes

25. International merchants not having local presence in India

26. Mining / Oil drilling & refining

Houses of worship (e.g., churches, temples etc. for donations) owned or funded by politically exposed persons, religious organizations or institutions / Charities or Non-profit organizations

27. Merchants operating from mobile offices

28. Merchants engaged in products or services where specific licenses are required to operate by regulatory bodies or local jurisdiction where licenses are not available or are invalid

29. Merchant establishments where the promoter/partner/proprietor/owner’s name appear in the RBI Defaulters/negative list / Bank’s internal negative list or such other list which may be published by the partner bank from time to time

30. Merchants involved in any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India

31. Jewellery merchants

32. Any form of club memberships

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