TERMS AND CONDITIONS
These Terms and Conditions set out below (“Terms of service”) apply to your use of the PIKA Website located at www.pika.io , the PIKA Mobile applications and the PIKA Platform (as defined below). The PIKA Platform facilitates marketing and promotions including but not limited to membership, points and reward programs for, on behalf of, or involving participating third party businesses (“Merchants” or “Channel Partners”) that provide products and services to registered members of the PIKA Platform. Channel Partners may include suppliers, franchisors or landlords of one or more Merchants, with whom you may not have any direct interaction.Please read these Terms carefully. By executing the Registration Form or using the PIKA Platform, You (as defined below) acknowledge that You understand and agree to be bound by these Terms. If You do not agree to these Terms, do not use the PIKA Platform.
Your use of the PIKA Platform includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into through, using or in relation to, the PIKA Platform, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
As legal owner of PIKA platform we reserves the right to modify these Terms at any time with or without prior notice, and any changes made will become effective immediately upon posting of the revised Terms.
we shall have the right to suspend or terminate the operation, in whole or in part, of the PIKA Platform for whatever reason. All PIKA Merchant Credits/points earned prior to the termination and rewards offered by the PIKA merchant stores may be cancelled at the sole option of of the legal owners of PIKA Platform. In the event of any suspension or termination of the PIKA Platform, You agree to hold us free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from such suspension or termination.
1.1. Unless otherwise defined herein, capitalized terms shall have the following meanings:
Service refers to the information provided through he PIKA Website located at www.pika.io , the PIKA Mobile applications and the PIKA Platform
Business Days refers to Monday to Friday, morning 9 am to 5pm. But there might be differences for various businesses on PIKA platform
Registration Form shall mean the electronic application form which shall be executed by an end-user to be eligible to use the PIKA Platform and its functionalities.
Short Message Service or SMS refers to a communication protocol allowing the interchange of short text messages between mobile phone devices.
Terms refer to these Terms and Conditions, as amended from time to time.
You refer to an individual or entity that executes the Registration Form or uses the PIKA Platform.
PIKA Account refers to the account designated by the us for each PIKA User to which PIKA Merchant Credits/points may be stored and redeemed on the PIKA Platform.
PIKA Merchant Credit/points refers to credit or reward points that are honored on the PIKA Platform.
PIKA ID refers to the identification detail like PIKA QR Code, any PIKA application installed on a PIKA User’s smartphone, or the PIKA User’s mobile number duly registered on the PIKA Platform. It is used to identify the PIKA User and interact with the store tab.
PIKA Merchant refers to any business establishment duly licensed to do business and accredited by us to honor PIKA Merchant Credits/points for use within the PIKA Platform. PIKA Platform refers to the PIKA system owned and operated by us wherein PIKA Users can earn and avail of credits and rewards from PIKA Merchants. This includes, but is not limited to, physical in-store hardware, PIKA IDs, PIKA Accounts, PIKA Merchant Credits , online information system and marketing communications system used in connection with the PIKA Platform..
PIKA Transaction refers to a transaction between a PIKA User and PIKA Merchant that is honoured on the PIKA Platform.
PIKA User refers to You and other users of the PIKA Platform.
1.2. Unless the context otherwise requires, words importing a gender include every gender and words imputing the singular include the plural and vice versa. Words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality.
2. Eligibility and Participation
2.1. Any interested person may apply for a PIKA ID by executing the necessary Registration Form:
(a) through the PIKA consumer app;
(b) through Pika store tab;
(c)through Pika webapp;
2.2. Any person at least thirteen years of age or the legal age for a user to be considered legally a major (the higher of the two) and not suffering from any legal disability other than minority may register as a PIKA User.
2.3. Where you are required to register:
we reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not use the PIKA Platform for an extended period of time, if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise think fit.
If you chose to cancel your account or if your account is otherwise terminated by us, all of your user content may remain on the PIKA Platform even after your account has been cancelled. You are not authorised to sell or transfer any account obtained through PIKA.
PIKA may assign or otherwise transfer any or all of its rights arising out of these Terms of Service without having to obtain your consent and will notify you of any such assignment or transfer.
3. Earning of PIKA Merchants Credits
3.1. For every eligible PIKA Transaction, You shall earn the corresponding PIKA merchant Credits/points based on the total price paid to the PIKA Merchant. The total amount of PIKA Credits earned from each PIKA Transaction will be reflected in the PIKA app. For every pika transactions You may get credits based on the configuration from specific PIKA Merchants.
3.2. We reserve the right to add or deduct Points/credits from Your PIKA Account, following reconciliation of data from the PIKA Merchants and other sources or other justifiable reason based solely on its discretion.
3.3. PIKA Merchant Credits accrued to Your PIKA Account shall not be considered as cash or cash substitutes. PIKA Credits have no cash or monetary value and cannot be exchanged for or withdrawn in cash.
3.4. Earned PIKA Merchant Credits are not transferable to any person or entity and cannot be transferred to any other PIKA Account.
3.5.Generally PIKA Merchants Credits cannot be earned when purchasing promotional items, items already on sale with PIKA Merchants, or when availing of other discounts and promotions. Whereas PIKA Merchant reserves right to allow multiple offers/credit on same items
4. Redemption of PIKA Merchant Credits
4.1. You must provide Your PIKA ID to the PIKA Merchant before redeeming any of Your earned PIKA Merchant Credits/Points.
4.2. Redemption of PIKA Merchant Credits constitutes an exchange of earned PIKA Merchant Credits with the equivalent value of goods and/or services from the PIKA Merchant..
4.3. Once a valid redemption of the PIKA Merchant Credits has been made, the same cannot be cancelled, revoked or changed unless otherwise provided by these Terms.
5. Disputes and Erroneous Transactions
5.1. The details of a PIKA Transaction are presumed to be true and correct unless You notify us in writing of any disputes thereon within seven days from the date of the relevant PIKA Transaction. If no dispute is reported in writing within such period, the details in a PIKA Transaction Confirmation are considered conclusively true and correct.
5.2. Disputed transactions shall only be credited back to the Your PIKA Account once we are reasonably satisfied that the claim or dispute has been properly processed, investigated and proven in Your favor.
5.3. Notwithstanding the foregoing, there shall be no reversal of PIKA Transactions made through Your error, mistake or negligence.
6. Validity of PIKA Merchant Credits
6.1. PIKA Merchant Credits have a validity period of 1 year from the date of earning the points. PIKA/PIKA merchants reserves the right to change the policy which will be shared to pika users through the PIKA app.
7. Responsibility over Your PIKA ID
7.1. You shall be responsible for the security of Your PIKA ID. All transactions made using your PIKA ID are conclusively presumed to be made by You and You shall be liable therefor.
7.2. The proper care of Your PIKA ID, as well as the confidentiality thereof shall be Your sole responsibility. In case of loss of Your PIKA ID, You shall immediately inform us of such loss within 24 hours by calling PIKA support . All PIKA Transactions made prior to the report of loss shall continue to be Your liability.
8.1. Your PIKA Account has no maximum storage limit unless otherwise specified by the merchant for their specific businesses.
9.1. Your PIKA Account will be considered dormant if You do not have any PIKA Transactions, PIKA Credit redemptions, or web or mobile logins over a 12-month period. PIKA Merchant Credits in dormant accounts shall be forfeited and the account deleted from the PIKA Platform.
10. Suspension and Cancellation
10.1. We shall have the right to automatically suspend or bar Your PIKA ID if it has reason to believe that Your PIKA ID was or may be used for fraudulent or suspicious transactions or by an unauthorized person, subject to its sole discretion.
10.2. We shall have the right to temporarily or permanently suspend Your PIKA ID due to any failure to comply with these Terms, other relevant laws and government regulations or any other unauthorized use of the PIKA Platform or any part thereof, subject to its sole discretion.
10.3. We reserve the right to forfeit or cancel PIKA Merchant Credits in Your PIKA Account in case of fraud or abuse relating to the use of Your PIKA ID and/or accrual of PIKA Merchant Credits, subject to its sole discretion.
10.4. You acknowledge our authority to suspend or bar your PIKA ID and/or forfeit or cancel earned PIKA Credits and accordingly, You agree to hold us free and harmless against any and all consequences of such suspension, barring, forfeiture or cancellation, or any loss or damage which You may suffer as a result thereof. You accept that we may, but shall not have the obligation to, inform You prior to taking action pursuant to this clause.
11. Exclusions from Liability
11.1. Your PIKA ID is only valid for the purposes of recording valid and eligible PIKA Transactions with PIKA Merchants. Anvaya shall not be liable in case Your PIKA ID is used for other purposes.
11.2. Any products or services you purchase in connection with the PIKA Platform are not purchased from PIKA , rather they are purchased from the Merchant. PIKA’s role is as a marketing or sales agent or media platform for the Merchant, who is promoting their business through the PIKA Platform. You acknowledge that the Merchant is the seller of the products and services and is solely responsible for the provision of any goods, services or benefits which you believe you are entitled to. We make no warranty, express or implied, regarding the PIKA Platform and its functionalities. The use of the PIKA Platform is offered on as “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to these Terms. Without limiting the foregoing, We make no warranty (1) as to the content, quality, or accuracy of data or information provided by us hereunder or received or transmitted using the PIKA Platform; (2) as to any service or product obtained using the PIKA Platform; (3) that the PIKA Platform will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
11.3. We shall not be liable for any undelivered goods or services, defects, damages and after-sales services offered or provided by PIKA Merchants. We do not give any warranty whatsoever in connection with the goods or services of the PIKA Merchants.
11.4. We shall not be liable to You or any third party for any loss, compensation, damage (whether direct, indirect, consequential including loss of profit) or liability, arising, directly or indirectly, from or as a result of:
(a) the refusal of a PIKA Merchant or any establishment to issue, accept or honor PIKA Merchant Credits;
(b) the failure of a PIKA Transaction to be completed or honored by a PIKA Merchant for whatever reason whatsoever including damage or malfunction of the POS Terminal or if the POS Terminal is offline or unavailable;
(c) You are unable to complete a PIKA transaction due to unavailability of the PIKA Platform for whatever reason;
(d) any delay, interruption or termination of a PIKA Transaction whether caused by administrative error, technical, mechanical, electrical or electrical fault or difficulty or any other reason whatsoever beyond the control of Anvaya, including but not limited to acts of God, fire, flood, lighting, weather conditions, labor disputes, disturbance, action of government, interference or damage by third parties or any change in legislation;
(e) the unauthorized, illegal or fraudulent use or acquisition of a PIKA ID, PIKA Account or PIKA Merchant Credits; or
(f) any misrepresentation or fraud by or misconduct of any third party.
11.5. Subject to the dispute procedure under these Terms, PIKA and its related bodies corporate, and their respective officers, employees, agents, contractors, licensors and suppliers shall not be liable for PIKA Merchant Credits not recorded in Your account for whatever reason, including but not limited to, malfunction of the POS Terminal or force majeure beyond the control of all parties concerned.
12. Limitation of Liability
13.1. In the event of that a claim is made or an action filed by You against PIKA and its related bodies corporate, and their respective officers, employees, agents, contractors, licensors and suppliers, the aggregate liability b us shall not in any event exceed P1,000.00 or the amount of damages suffered by You, whichever is lower.
13. Free and Harmless
14.1. You agree PIKA and its related bodies corporate, and their respective officers, employees, agents, contractors, licensors and suppliers, will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings, reputational damage, or any other similar or analogous loss or damage arising out of or relating to your access to, or use of, or inability to use, the PIKA Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage.
Without limiting the above,you agree that PIKA or its related bodies corporate or their respective officers, employees, agents, contractors, licensors or suppliers are free and harmless from any liability to any third party, and to indemnify us against all liability, damages, losses, claims, costs and expenses, penalties and taxes, including legal costs, incurred in connection with Your use of the PIKA Platform. You further agree that we shall not be held liable for any loss or damage resulting from any and all errors unintentionally committed, any computer software or hardware errors (including computer viruses) resulting in the failure to complete a transaction. Neither shall we be held liable for any loss or damage caused by any act or omission of any third party, such as a provider of telecommunication services, internet service provider, or for any circumstances beyond Our control such as severe weather, flood, earthquake or other natural disasters, fire, war, strike, acts of civil or military authority, equipment failure, interruption or failure of electricity and communication facilities.
14. Data Collection and User Feedback
14.1. You authorize us to collect any information obtained by us in relation to Your use of the PIKA Platform. Such information may include Your demographic, behavior, location or photo. You hereby irrevocably and unconditionally agree that we may use, process, disclose, transfer or otherwise deal with all such information in whatever manner and for whatever purpose as we may deem fit and proper, without further notice to You.
14.2 If you share or send any ideas, suggestions, changes or documents regarding our existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secret or proprietary information of third parties, (ii) we are under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) we may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against PIKA and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Our existing products or marketing strategies; do not include any ideas that Our policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, we or any of our employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to us or any of our employees. The purpose of this policy is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted to us. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
Terms of Idea Submission You agree that: (1) your Submissions and their Contents will automatically become the property of PIKA and its owners, without any compensation to you; (2) We may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for us to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
15. Discretion and Use
15.1. Without giving reason or notice, and without prejudice to other provisions of these Terms, we have the absolute discretion (a) to refuse to approve any PIKA Transaction even if there is sufficient available PIKA Merchant Credits; (b) to suspend, terminate or cancel Your right to use the PIKA Platform and/or its functionalities; (c) to impose, increase or decrease PIKA Transaction limits; and/or (d) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services and privileges with respect to or in connection with the PIKA Platform and its functionalities, whether specifically relating to You or generally to all or specific PIKA Users. You agree to hold us free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from its exercise of its rights under this clause.
15.2. The use of the PIKA Platform and the accrual and redemption of PIKA Merchant Credits are intended solely for the purpose of tracking and rewarding patronage of accredited PIKA Merchants. Earning and accumulation of PIKA Merchant Credits for the purpose of allowing You to exchange the same for the value of goods and services are purely discretionary on the part of PIKA and its Merchant Partners. We shall not have any obligation to You in so far as the use of the PIKA Platform and PIKA Merchant Credits are concerned. We shall not be deemed the supplier of the goods and/or services purchased by You from the PIKA Merchants using the PIKA Merchant Credits
16.1. PIKA does not take any fees from pika users. In the event that PiKA decides to charge you for the application You agree to pay such fees and charges related to Your PIKA Account and PIKA ID and their use, as may be imposed by the corporate entities incharge of PIKA Platform. Fees and other charges, shall be inclusive of all applicable Philippine taxes and shall be debited from Your PIKA Account or paid up front .
17. Promotional Messages and Carrier Charges
17.1. Unless You expressly notify us otherwise, You agree to receive promotional messages either by email, SMS or other communication channels of PIKA Platform, including its agents and assigns, which communication and promotional messages may be based on the Your location and other information.
17.2 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Us on the Services are subject to change without specific notice to you. In consideration for Us granting you access to and use of the Services, you agree that we may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to us by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the PIKA Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than PIKA found on or through the PIKA Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. We will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the PIKA Platform and mobile application.
17.3 By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
18. Ownership and Intellectual Property
18.1 All intellectual property rights included in or associated with the PIKA Platform, including but not limited to patents, copyrights, trademarks and service marks, are owned or licensed by us, and all right, title and interest in and to the PIKA Platform and the associated intellectual property is ours.
You are not authorised to copy, distribute, re-publish, upload, post, modify, reverse engineer or transmit any intellectual property except as specifically authorised by us in writing. Your are not authorised to remove copyright, trademark or other intellectual property or proprietary notice or legend contained on the PIKA Platform.
Any PIKA mobile applications which may be made available for you to download is licensed, not sold, to you. You are granted a limited, non-transferable, non-exclusive licence to download, install, use and run for personal, non-commercial use one copy of each PIKA mobile application on each mobile device which you own or control, and which is able to run the PIKA mobile application.
19. Non-Waiver of Rights
19.1. Failure, omission or delay on the part of PIKA to exercise its rights or remedies under these Terms shall not operate as a waiver of rights.
21.1. If any clause or part of a clause of these Terms shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other clauses or parts of such clauses of these Terms, all of which shall remain in full force and effect.
21. Governing Law/Waiver
22.1. These Terms shall be governed by the laws of India. The Courts of law at Bangalore District, Karnataka State, India shall have exclusive jurisdiction over any disputes arising under this agreement.
For all Users: 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.