Thanks for using Pintuna services and showing your support to nonprofits and local businesses. Every purchase made on this website and through our mobile app benefits a nonprofit of your choice along with supporting the businesses.
Part I - Payment, Gift Card and Other Services
- Payment, Gift Card and Other Services. Depending on your country of residency, Pintuna may offer additional Services such as payment services made available by Pintuna through the Pintuna Sites (the "Payment Services"), electronic and physical gift cards and gift certificates issued by Pintuna (each, a "Pintuna Gift Card"), electronic gift cards and gift certificates issued by participating third-party merchants (each, a "Merchant Gift Card"), Offers, Tickets and other services. Merchants are the issuer and administrator of the gift cards you purchase from them. You are purchasing a gift card issued by one of the Merchants. This means that the Merchant, not Pintuna, is responsible for providing goods or services in accordance with the terms of the gift card. Any future purchases using (or other redemption of) this gift card will be governed solely by the Merchant’s gift card’s terms which we strongly encourage you to review before purchasing. Any questions or issues you may have must be addressed directly with the Merchant. Gift cards involve the inherent risk that the issuing merchant goes out of business or otherwise fails to honor them. If this happens, then there might not be any redemption options for your gift card. Only buy a gift card from a Merchant you are confident will be able to honor it. Pintuna has no obligation to prevent and bears no liability for any service failure, fraud or loss associated with the purchase of a gift card from any Merchant on this Website or Pintuna Wallet app. We specifically disclaim all liability for any kind arising out of or relating to your purchase or use of the gift cards.
Part II - Terms for All Services
- Your Account. You may (but are not required to) create an account with Pintuna through the Pintuna Sites or Mobile Wallet ("Account") in order to use the Services, or to purchase, gift, or redeem (as applicable) Pintuna Gift Cards and Merchant Gift Cards and the Services. However, you must have an Account in order to use the payment services and wallet within the Pintuna Mobile App. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Pintuna registration form ("Registration Data"). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Pintuna of any unauthorized use of your Account or any other breach of security related to your use of the Services.
- Modifications to Services. Pintuna reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Pintuna Sites, and/or Merchants. Pintuna shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
- Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the "Pintuna Content") are provided to User by Pintuna or its partners or licensors solely to support User's permitted use of the Services. The Pintuna Content may be modified from time to time by Pintuna in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Pintuna Content by User shall constitute a material breach of this Agreement. Pintuna and its partners or licensors retain all rights in the Services and Pintuna Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Pintuna or any third party is granted under this Agreement.
- Application License. Subject to the terms and conditions of this Agreement, Pintuna grants User a non-exclusive, non-transferable, revocable license to use the Pintuna mobile applications, in object code form only, on User's compatible mobile devices, solely to support User's permitted use of the Services.
- Use Restrictions. The Services and Pintuna Content are offered solely for User's personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Pintuna expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). Pintuna reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Pintuna Content, except as expressly authorized by Pintuna; (2) take any action that imposes or may impose (in Pintuna's sole determination) an unreasonable or a disproportionately large load on the Services or Pintuna's infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Pintuna Content to a third party; (5) use any portion of the Services or Pintuna Content to provide, or incorporate any portion of the Services or Pintuna Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Pintuna); (7) modify any Services or Pintuna Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Pintuna Content; (9) use the Services or Pintuna Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Pintuna Content or access or use the Services or Pintuna Content for competitive analysis or benchmarking purposes. Although the Pintuna Sites may be accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Pintuna Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Pintuna reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
- Export Control. You may not use, export, or re-export any Pintuna Sites or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Termination. Pintuna may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Pintuna may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Pintuna Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Pintuna shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Pintuna will have no liability whatsoever.
- Comments, Communications, and Other Content. The Services may permit you to submit, transmit, post or otherwise provide content, including, but not limited to, photos, images, videos, sounds, text, data, links and location information; send emails and other communications ("User Content"). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party's publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation or any potentially harmful material. Your User Content should be unbiased and objective. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Pintuna reserves the right (but has no obligation) to monitor, remove, or edit User Content in Pintuna's sole discretion, including if User Content violates this Agreement (including any Pintuna Policies), but you acknowledge that Pintuna may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Pintuna a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, including to merchants, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual's name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Pintuna. You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Pintuna takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
- Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Pintuna and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Pintuna's request) defend Pintuna, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the "Pintuna Parties") from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
- Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL THE PINTUNA, INC PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE PINTUNA, INC SITES, SERVICES, THE PINTUNA, INC CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY MERCHANT OR THE PERFORMANCE, NON- PERFORMANCE, CONDUCT, OR POLICIES OF ANY MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE PINTUNA SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE PINTUNA CONTENT. PINTUNA IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY MERCHANT FOR WHICH A USER HAS CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THIS AGREEMENT SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). You and Pintuna understand and agree that the disclaimers, exclusions, and limitations in this Section 14 and in Section 15 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Pintuna would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
- Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND PINTUNA CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL PINTUNA CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. PINTUNA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. PINTUNA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT PINTUNA WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. PINTUNA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PINTUNA. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Release. Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you (or, if applicable, any recipient of a Pintuna Gift Card or a Merchant Gift Card, or any of the Services) as a result of your (or such recipient's) interaction with or visit to any Merchant or from any promotion, offer, product or service of any Merchant. Users must resolve all disputes directly with Merchants. To the maximum extent permitted by applicable law, you hereby release the Pintuna Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Pintuna Parties pertaining to the subject matter of this Section 17.
- Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. In order for us to take action, you must do the following in your notice: • (a) provide your physical or electronic signature; • (b) identify the copyrighted work that you believe is being infringed; • (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; • (d) provide us with a way to contact you, such as your address, telephone number, or email; • (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and • (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed. Again, we cannot take action unless you give us all the required information.
- Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
- Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Pintuna.
- Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.