Pinolo Terms & Conditions

The original language of these Terms and Conditions is English. Pinolo makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

1. General Terms of Use

1.1 Purpose and Definitions

The general terms of use apply to all services provided by Pinolo FZ-LLC (a company registered in the United Arab Emirates under licence number: 47013387, and Registration number: 0000004051863) with its registered office at address: Coworking, FDCW1897, Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates ("Pinolo"). Pinolo owns and operates the website www.pinoloapp.com, as well as Pinolo mobile app. This website and other applications such as Pinolo mobile app are collectively referred to as the "Site."

Definitions

• "Parking Swap" is the process of exchanging information between the Bidder who arrives at the Auctioneer's parking space in exchange for a specified price and the Auctioneer who is providing the information of where he/she will be leaving a parking space.
• "Pinolo", "we" or "us" is Pinolo FZ-LLC, the company that maintains the website and Pinolo mobile app to provide services related to connecting users for parking space exchange and all its partners or affiliated companies;
• "Site" means www.pinoloapp.com and other applications, Pinolo mobile app, including any microsites or sub-sites offered by any of these websites or Pinolo mobile app;
• "Terms" are the Terms & Conditions, including the Privacy Policy;
• "Member", "you", "user" is an Auctioneer, Bidder, or any other user of the Site;
• "Auctioneer" is a user who uses the site to place Parking for exchange with a Bidder in exchange for a specified fee;
• "Bidder" is a person who has offered the highest price for Parking;
• "Parking" is a parking space that the Auctioneer has offered in accordance with the Terms;
• "Bid" is the amount offered by the Bidder for Parking;
• "Auction" is the time period on the Site selected by the Auctioneer and used by Bidders to offer their price;
• "Service" is any service provided by the Site to any Member;
• "User account" is an account on the Site opened by a Member and used to access the Service provided by the Site;
• "Vehicle" is a vehicle registered by the Bidder or Auctioneer in the application for the use of the Services;
• "Balance" is the available amount you have in your account, which the Member can withdraw by using Payment Methods provided by Pinolo and it’s Third-party payment providers. Also, available Balance can be used for payment and settlement of fees in accordance with the Terms of the Site;
• "Pinolo coins" are 'credits' that a Member receives and cannot be withdrawn. Instead, they will be automatically applied in the payment process for the Service. One Pinolo Coin is equal to 0.01 $US within the Site;

1.2 Acceptance of Terms

These terms apply to all types of use of the Site. By using the Site, the Member accepts the Terms in full, even if they do not open a User account. Access to Services will not be possible if the Terms are not accepted in full. Members do not have the right to accept only part of the Terms. All Members agree to comply with the terms and accept that their personal data will be processed in accordance with the Privacy Policy. The contract for the provision of Parking Swap services is between the Bidder and the Auctioneer, and Pinolo is not a party to these arrangements or contracts between them. In the event that a Member fails to comply with any of the established Terms, Pinolo reserves the right to withdraw the User account of that Member and to suspend or deny all Services to that Client without prior notice. The purpose of these Terms is to establish binding rights and obligations between Members.

1.3 Amendment of Terms, Site, and Services

Pinolo reserves the right to amend the Terms at any time. In addition, Pinolo may amend or supplement the Terms provided through the Site, the functionality of the Site, and/or the "look and feel" of the Site at any time without prior notice, without assuming any responsibility towards Members for the consequences of such amendments or supplements. All changes to the Site, Services, or Terms take effect as soon as they are posted on the Site. By using any Service offered through the Site after the publication of amended Terms, Members automatically accept all amended Terms.

2. Use of Services

2.1 User Account, Data Accuracy, and Pinolo Status

To use the Services, each Member must open a User account and agree to provide all personal data requested by Pinolo. Members are specifically required to provide their personal name, surname, date of birth, gender (optional), valid phone number, and email address. The Site can only be used by individuals who are at least 18 years old at the time of registration. Members agree and accept that all data provided to Pinolo at the time of opening their User account and at any other time must be truthful, complete, and accurate in all respects. Members also agree that all data provided to Pinolo or posted on the Site in connection with any Parking, Vehicle, Parking Swap, or Auction must be truthful, accurate, and complete. Pinolo shall not be liable if any data provided by any Member (including, to avoid any doubts, any Member) is incomplete, inaccurate, misleading, or false. Unless otherwise agreed with Pinolo, Members have the right to only one User account. No one can open a User account on behalf of another person or to represent another person. Any violation of these Terms results in the immediate suspension of the Member's User account, and that Member may be denied further access to all Services.

SPinolo's Status

Neither Pinolo nor the Site provides transportation services or similar services. The Site is a communication platform for Members to negotiate with each other. Pinolo has no connection to the Parkings or Auctions negotiated. The Parking Swap agreement is made between the Bidder and the Auctioneer. Pinolo is not a party to any agreement or between Members, and Pinolo is not responsible for any situation that may arise in connection with the Parking Swap between Members. Pinolo does not act and will not act as a service agent of any Member. Any violation of these Terms results in the immediate suspension of the Member's User account, and that Member may be denied further access to all Services.

2.2 Auctioneer

As an Auctioneer, Pinolo offers you the right to use the Site in accordance with the Terms to share information about parking spaces - and earn Balance by doing so. It is easy to post Parking, and you have control over how you do it - set the type of space, Auction time, and Vehicle for each listing. The duties of the Auctioneer are described in point 2.3;

2.3 Obligations of the Auctioneer and Bidder

Auctioneer's Obligations

The Auctioneer agrees to the following:

• The Auctioneer will be at the specified time and place with the specified vehicle; otherwise, the Bidder has the right to initiate a dispute via the Site regarding the issue;
• The Auctioneer must wait for the Bidder at the agreed location for at least 15 minutes after the expiration of the arrival time specified by Pinolo (however, the Bidder is expected to arrive on time). After the expiration of the specified real time along with the Bidder's delay of 15 minutes, the Auctioneer has the right to cancel the Parking Swap;
• The Auctioneer undertakes not to place Parking in a location that will cause material or immaterial harm to the Bidder. (however, the Bidder is expected to report any irregularities regarding Parking);
• The Auctioneer agrees to abide by all road rules and laws of the countries in which they drive and drive safely at all times;

Bidder's Obligations

The Bidder agrees to the following:

• The Bidder is expected to arrive at the Parking location within the estimated time provided, allowing for a possible delay of up to 15 minutes. Punctuality is expected based on this estimate. If the Bidder is delayed by more than 15 minutes beyond the estimated time, the Auctioneer may cancel the Parking Swap. In such cases, Pinolo reserves the right to charge the liable funds from the Bidder's available Balance, although Pinolo does not participate in the cancellation decision;
• The bidder will at all times respect all rules on the roads and laws of the countries in which they drive, and drive safely;
• The bidder will initiate legal proceedings against the Auctioneer in case of violation of the Parking-related Terms, such as failure to appear at the Parking location at the time of the bidder's arrival at the Parking location (unless otherwise agreed);
• The bidder agrees to settle the Parking fee after the Parking Swap in accordance with the Terms, and that their Balance may be deducted in case of insufficient funds as prescribed in point 2.4.

If the Auctioneer or the bidder fails to comply with any of these conditions or any other Terms, Pinolo reserves the right to retain information regarding the breach of that obligation, to publish or disclose it on the Member's online profile, and to suspend or terminate access to the Site for that Member.

2.4 Cancellations, Application of Fees, and Permissible Negative Balance

The fees applied to Members due to cancellation are in place to prevent false bidding, intentional price inflation to the detriment of other Bidders, bidding and price increases without intentions to use Services.

• If the Bidder fails to fulfill their payment obligations to Pinolo within 24 hours of completing the Parking Swap, the outstanding amount will be automatically charged from their available Balance;
• For each Member, in case of Auction, Parking, or Bidding cancellation, a fee of $2.70 will be applied to their available Balance;
• Any Member with a negative Balance on their account will be unable to use the Site's Services and must settle their obligations to continue;
• No cancellation fee will be applied to the Auctioneer if no Bidder has shown interest in their spot. However, if a bid has been placed and the Auctioneer decides to cancel the Auction, a fee of $2.70 will be charged from their available Balance.
• If the Bidder cancels their bid while being the highest bidder, a cancellation fee of $2.70 will be deducted from their available Balance.

2.5 Insurance

Both the Bidder and the Auctioneer are obligated to possess a valid driver's license and to be the owner of the vehicle or have the right to use the vehicle, as well as to have a valid vehicle technical inspection certificate.

2.6 Dispute Resolution between Members

Pinolo will offer its members access to an online dispute resolution service (Resolution Center), although using this service is not mandatory. Pinolo is under no obligation to mediate or resolve disputes and provides this service at its sole discretion, retaining the right to withdraw it at any time. If a dispute remains unresolved, Pinolo reserves the right to hold any payments made by the Bidder or earnings of the Auctioneer until a mutual agreement is reached between the parties or until Pinolo issues a final decision.

2.7 Messages between Members

Pinolo may review, scan, and moderate messages exchanged between Members via the Website, especially to prevent fraud, to support members, to fulfill contracts concluded with Pinolo's members (such as the Terms), and to ensure compliance with applicable law. For example, to prevent circumvention of its reservation service, Pinolo may scan and analyze messages sent through the platform to ensure they do not include any contact details or references to other websites. By using the Website and accepting the Terms, the Member agrees that Pinolo may, at its sole discretion, review, analyze, and moderate messages exchanged through the Website. The Member undertakes to send messages only regarding parking swap information and in accordance with the purpose of this Website. The Member undertakes to refrain from using messages for private or confidential communication. Pinolo reserves the right to filter or delete messages and to suspend or cancel a Member's User account and access to the Website if, during the moderation of messages sent by the Member, it is determined that he/she does not comply with the Terms and/or applicable law.

3. Liability

Pinolo is not a party to any agreement between the Auctioneer and the Bidder and shall not be liable to any party unless the loss or damage arises from Pinolo's negligence.

Pinolo shall not be liable for any loss or damage arising from:

• Any inaccurate or incomplete information provided by a Member;
• Cancellation of Parking by the Auctioneer or cancellation of Bid by the Bidder;
• Any fraud, misrepresentation, breach of duty, or breach of any of these Terms by the Auctioneer or Bidder before, during, or after the Parking Swap. Pinolo shall not be liable to any Member for any business, financial, or economic loss, nor for any consequential or indirect loss such as loss of reputation, loss of business, loss of profits, loss of anticipated savings, or loss of opportunity, arising as a result of the services provided by Pinolo (whether suffered or incurred as a result of negligence or otherwise by Pinolo).

Nothing in this Agreement shall limit or exclude Pinolo's liability for death or personal injury caused by Pinolo's negligence. Considering that both the Bidder and the Auctioneer are required to have valid insurance for Parking Swap coverage and that Pinolo's service is limited solely to providing contact or connection opportunities between the Auctioneer and the Bidder and cannot foresee any Parking or parking spots, Members accept that the aforementioned limitations of Pinolo's liability are reasonable.

4. General Terms

4.1 Suspension or Termination of Site Access

In the event that a Member breaches the Terms, in whole or in part, the Member acknowledges and accepts that Pinolo may at any time, without prior notice, terminate or suspend, temporarily or permanently, all services or a portion of services or Your access to the Site (including User accounts).

4.2 Intellectual Property

The format and content of this Site are protected by copyright, and Pinolo retains all rights related to its copyrights whether owned by us or licensed. All rights are reserved regarding all registered and unregistered trademarks (whether owned by Pinolo or licensed). This website or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pinolo. No party is permitted to systematically extract and/or reuse parts of the content of the Site without the express written consent of Pinolo. It is strictly prohibited, in particular, to use data mining, robots, or similar data gathering or extraction tools to extract (in one go or multiple times) any substantial parts of this Site.

4.3 User-Generated Content

By posting content on this site, users expressly license Pinolo to post and use the content for any other business purposes of our company. Users of this Site expressly agree not to publish any defamatory, misleading, or offensive content, nor content that violates any intellectual property rights of others (e.g., copyright). All such content is contrary to Pinolo's policy, and Pinolo disclaims any responsibility regarding such content. A user who posts such content will be personally liable for any damages or other obligations arising therefrom and releases Pinolo from any liability that may arise as a result of such content. However, as soon as Pinolo notices any such content, it will make every effort to remove it from the Site as soon as possible.

4.4 Partner Sites

Pinolo reserves the right to reproduce any information appearing on the Site or on partner sites. This particularly applies to advertisements published on one of the sites maintained by Pinolo independently or with others, which may be reproduced on other sites maintained by Pinolo independently or with others, or third parties.

5. Payment

5.1 General Payment Terms

• Pinolo credits Auctioneers once the Parking Swap is completed and the Bidder has settled their financial obligations;
• Auctioneers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Auctioneers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the checkout page is inclusive of all such taxes and charges that may apply to the Auctioneers;
• Appointment as Limited Payment Collection Agent: Auctioneers hereby appoints Pinolo as Auctioneer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Third-party payment providers, if applicable) from Bidder, and remitting those payments to Auctioneer. Auctioneer agrees that payment from Bidder to Pinolo shall be considered the same as a made directly to Auctioneer. Bidder’s payment obligation to Auctioneer will be satisfied upon receipt of payment by Pinolo (or its Third-party payment providers, as applicable), and Pinolo (via its Third-party payment providers, as applicable) is responsible for remitting the funds to the Auctioneer in the manner described in these Terms of Use. In the event that Pinolo (via Third-party payment providers) does not remit any such amounts to Auctioneer, the Auctioneer will have recourse only against Pinolo and not the Bidder directly. Auctioneer agrees that Pinolo may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Bidders that Pinolo may deem necessary or prudent;
• Pinolo partners with Third-party payment providers for purposes of collecting payments from Bidders, transferring such payments from Bidders to Auctioneers, and holding funds in connection with Balances. All payments services in connection with the Payout of funds on the Pinolo platform are performed by Third-party payment providers;

5.2 Purchasing

• In most locations, purchases on Pinolo can be made by using one of the following payment methods: Credit Card, PayPal, Pinolo Coins or existing Balance. Additional payment methods may apply in certain locations;
• Service fees on Pinolo cover administrative fees;
• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. The service fees are $0.15;
• In case you have an available Pinolo Coins, they will be automatically used to pay for your next purchase;
• You may not offer Auctioneers to pay, or make payment using any method other than through the Site. In case you have been asked to use an alternative payment method, please report it immediately through our contact page;
• You agree to receive invoices and/or payment receipts from Pinolo in electronic form as PDF documents, by email or through the Site;
• To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with Payouts is collected by either Pinolo or Pinolo’s Third-party payment providers. Third-party payment providers may also collect such other information as necessary for the purpose of processing Payout payments. Pinolo is not exposed to the payment information provided to Third-party payment providers;
• By using any payment method and/or providing payment details for making purchases on Pinolo, you represent and warrant that: (A) you are legally authorized to provide such information; (B) you are legally authorized or have permission to make payments using the payment method(s); (C) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Pinolo; and (D) such actions do not violate any applicable law.

5.3 Prices and Transactions

• Each Auction you successfully complete, accredits your account with Balance equal to 70% of the purchase amount and subtracted with service fee of $0.15;
• Prices for purchases within the Site are clearly displayed before purchase confirmation;
• Applicable taxes may be added to your purchase at checkout;

5.4 Refund Policy

• Pinolo will issue full refunds in Pinolo coins to any member who has experienced proven irregularities (as determined by the Resolution Center or through other means). Refunds will correspond to the total amount originally owed by the Bidder at the conclusion of the Parking Swap for the Service provided;
• Refunds in Pinolo Coins will only be issued for proven service irregularities as determined by the Resolution Center. Refunds will not be issued in cases of personal disagreement between Members, except in cases of clear violation of these Terms.

5.5 Disclaimer of Liability

• Pinolo will not be held accountable for any errors, delays, rejections, or other issues arising from the services of Third-party payment providers;

5.6 Application of Pinolo coins

• When using Pinolo coins for your next purchase, the minimum payable amount will always be $0.50. For example, if your bid is $2.00 and you have 180 coins, only 150 coins will be used, ensuring that you still pay at least $0.50. However, if you have 210 coins, 200 coins will be used, and your payment will be reduced to $0.00. This rule guarantees that the minimum charge for a purchase will never be less than $0.50, regardless of how many coins you have.

6. Payouts

6.1 General Payouts Terms

• To Payout your available Balance, you must have an account with at least one of Pinolo’s available Third-party payment providers for the Payout methods. All funds eligible for Payout will be held on your behalf at an account with Pinolo’s Third-party payment providers. All payment services, including Payout services, will be provided by Pinolo’s Third-party payment providers;
• Your Pinolo profile can be associated with only one account from each Pinolo Payout methods. A Third-party payment provider Payout account can be associated with only one Pinolo profile;
• Balances will only be made available for Payout from the Payout page once the transaction has been settled by the Bidder within a timeframe of 24 hours;
• If the funds are not settled by the Bidder within the specified timeframe, bonus earnings will be given to your account for your following Auctions;
• Auctioneers may Payout their available Balances using one of Pinolo’s Payout options (see Payout Method section below). To Payout your available Balance, you must click on the designated Payout provider to initiate the Payout process;
• For security concerns, Pinolo may temporarily disable Auctioneer’s ability to Payout their Balance to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behaviour reported by other users, or associating multiple Pinolo accounts to a single Payout Third-party payment provider;
• Pinolo may temporarily disable Auctioneer’s ability to Payout their Balance in case of negative Balance, liability towards Pinolo or ongoing dispute in Resolution Center;
• Payouts can only be made in the amount available to you;
• Payout fees vary depending on the Payout Method and are defined by the Third-party payment providers. Third-party payment providers may apply fees based on your location and currency. You are responsible for being informed about the fees associated with Pinolo's Third-party payment providers;
• Payouts are final and cannot be undone. We will not be able to reverse this process once it has begun;
• In certain cases, Auctioneer’s may Payout Balances in several different currencies. All currency exchange services in connection with such Payouts are performed by Pinolo’s Third-party payment providers. Your Pinolo Balance is always derived from its $US value and, therefore, the local currency amount of your Pinolo Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees;
• Auctioneers will be able to Payout their Balances from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Pinolo’s approval;
• All Payouts will be sent in $US. Receiving different currencies may be subject to conversion rate;

6.2 Payout Methods

Below are the applicable Payout Methods and Third-party payment providers:

• Payout to your PayPal Account;
• Payout to your Payoneer Account;
• Wire Bank Transfer;

6.3 Balance on hold

If the Bidder fails to fulfil their financial obligations to Pinolo upon completing a Parking Swap within the designated timeframe, the earnings of the Auctioneer related to that transaction will be placed on hold. Pinolo is not liable for this action and has no obligation to compensate the Auctioneer from its own funds. This hold is a direct consequence of the Bidder's failure to pay, and while Pinolo facilitates the transaction, it does not assume financial responsibility for the Bidder's non-payment. To mitigate the impact on the Auctioneer, Pinolo will provide bonus earnings on the Auctioneer’s subsequent Auctions.

7. Referrals

To access the Invite Friend Page, from Main Map in Pinolo mobile app, click on Invite a Friend icon (button) in the top right section. On the Invite Friend Page, you can refer friends by copying a link to share on your own, or sending your link through WhatsApp or SMS.

The term “Referral” is used for any of your friends who join Site through your invitation link. The term “Referrer” is used for the Pinolo user who refers friends using the Referral Program.

The Referral Program allows you to share the referral link with your connections via SMS and social channels. You agree to use the Referral Program only with personal friends and not publish a referral, or cause it to be published or distributed, on or via methods, platforms, and media where you have no reasonable basis for believing that all or most of the readers or recipients are not your personal friends (such as coupon websites, Reddit, etc.). You will not create, publish, generate or solicit, under any circumstances, any bulk electronic mail messages (also known as “SPAM”).

You also agree to comply with all applicable laws, guidelines, and regulations, including but not limited to regulations regarding electronic messaging and anti-spam and privacy laws.

7.1 Eligible users

This Referral Program is open to registered Pinolo users only, for a limited time, and we may withdraw or suspend this Referral Program (in whole or in part) at any time. The requirements and incentives are also subject to change at any time.

7.2 Earning, receiving, and redeeming Pinolo Coins

Each of your Referrals will get a 2.5 Pinolo Coins to use for bidding through Pinolo.

As the Referrer, you will receive 2.5 Pinolo Coins to use for bidding through Pinolo.

7.3 If you've been invited to Pinolo as a Referral

When you receive an invitation to join Pinolo, you’ll have the opportunity to enter the referral link provided by your Referrer during the account registration process. Simply click on the link, which will direct you to the Friend Invitation Page, where you can complete your registration.
By entering the invitation link, you’ll automatically receive 2.5 Pinolo Coins to use for bidding within the Pinolo app. This credit will be available in your account immediately after registration is complete. It's important to ensure that you enter the referral link correctly during the registration process. If the link is not entered or is entered incorrectly, you and your Referrer may not receive the Pinolo Coins, and it may not be possible to apply the referral benefits retroactively.

7.4 Important disclaimers

We reserve the right to suspend your account and remove any granted Pinolo Coins should we notice any activity by the Referrer and/or Referral that is determined to be contrary to the Referral Program terms and conditions, the Pinolo Terms of Use, or our Privacy Policy. We retain the right to investigate either party’s participation in the Referral Program for any fraudulent activity and take any measures to end their activity in the program and/or on Pinolo. We reserve the right to amend or suspend this Referral Program at any time without notice.

8. Force Majeure Clause

Pinolo shall not be held responsible for delays or failure to provide services due to circumstances beyond its reasonable control, including but not limited to natural disasters, internet or telecommunications failures, governmental actions, or other unforeseen events.

9. Applicable Law and Jurisdiction

These terms are governed by the laws of United Arab Emirates. All disputes arising in connection with these Terms fall within the jurisdiction of the competent courts.