TERMS OF USE AND SERVICE AGREEMENT
1. PREAMBLE AND BINDING AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between you (“User,” “You,” “Buyer”) and Pandanio FZE (“Company,” “We,” “Us,” “Pandanio”), a company incorporated under the laws of the Sharjah Publishing City Free Zone, United Arab Emirates.
By accessing Pandanio.com, creating an account, or purchasing any service (including using the Pandanio Wallet), you unconditionally accept and agree to be bound by these Terms, including our Privacy Policy and Anti-Money Laundering (AML) Policy. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE STRICTLY PROHIBITED FROM USING OUR SERVICES.
2. ELIGIBILITY AND ACCOUNT INTEGRITY
2.1. Age Requirement: You represent and warrant that you are at least 18 years of age. Use of the Site by minors is strictly prohibited.
2.2. Identity Verification: We reserve the absolute right to request proof of identity (Know Your Customer – KYC), including a government-issued ID and proof of address, at any time. Failure to provide such documentation within 24 hours of a request may result in immediate account suspension and forfeiture of pending orders.
2.3. One Account Policy: Users are prohibited from creating multiple accounts to evade limits or restrictions. We reserve the right to ban all associated accounts if this rule is violated.
3. ACCOUNT SECURITY & LIABILITY
3.1. User Responsibility: You are solely responsible for safeguarding your account credentials (username and password). Any activity performed under your account is deemed to be authorized by you.
3.2. Mandatory Security: We strongly recommend enabling Two-Factor Authentication (2FA). You acknowledge that Pandanio shall NOT be liable for any loss of funds or digital goods resulting from unauthorized access due to your failure to secure your device or account (e.g., phishing attacks, weak passwords).
4. SALES, DELIVERY, AND “DIGITAL CONSUMPTION”
This section is critical and governs the nature of digital goods.
4.1. Finality of Sale: Due to the intangible nature of digital products (gift cards, vouchers, top-ups), ALL SALES ARE FINAL, NON-REFUNDABLE, AND NON-EXCHANGEABLE.
4.2. Definition of Delivery (The “Click-to-Reveal” Clause): You explicitly acknowledge and agree that a digital product is considered “fully delivered,” “consumed,” and “used” at the exact moment the product code/PIN is:
- (a) Displayed on your screen (dashboard); OR
- (b) Transmitted to your registered email address; OR
- (c) Delivered via API.
Once a code is revealed or transmitted, no refund or retraction is possible under any circumstances.
4.3. Defects & Errors: Returns are only permitted in the event of a proven technical error (e.g., an invalid code issued by the provider). You must report such issues within 72 hours of delivery. We reserve the right to take up to 7 business days to verify the code’s status with the original issuer before processing any remedy.
5. PANDANIO WALLET & STORE CREDIT
Specific terms governing the Closed-Loop Wallet System.
5.1. Closed-Loop Nature: The Pandanio Wallet is a closed-loop prepaid stored-value service. It is NOT a bank account, NOT a cryptocurrency wallet, and NOT insured by any government agency.
5.2. NO CASH-OUT POLICY: Funds held in your Wallet are strictly Store Credits. Under no circumstances can these funds be:
- Withdrawn as cash.
- Transferred to a bank account or credit card.
- Transferred to another user.
5.3. Value Peg: 1 Pandanio Credit = 1.00 USD purchasing power. This is for internal accounting only and does not imply legal tender status.
5.4. Right of Set-Off (Crucial Protection): You explicitly authorize Pandanio to deduct funds from your Wallet balance automatically and without notice to settle any outstanding debts, unpaid fees, or costs associated with chargebacks initiated by you.
6. PAYMENT, FRAUD, AND ANTI-MONEY LAUNDERING (AML)
6.1. Zero Tolerance: We enforce strict AML and anti-fraud policies. We reserve the right to suspend any transaction that raises suspicion (e.g., bulk purchasing, mismatched IP addresses, use of VPNs/Proxies).
6.2. Right to Freeze: We reserve the sole right to freeze funds and suspend accounts indefinitely pending an internal investigation if we suspect illegal activity.
6.3. Payment Reversals: You agree not to make payments using stolen credit cards or unauthorized payment methods. Doing so will result in immediate termination and reporting to authorities.
7. CHARGEBACKS & DISPUTE RESOLUTION (STRICT POLICY)
7.1. Chargeback Consequences: If you initiate a chargeback, dispute, or unauthorized payment claim with your bank regarding a valid purchase:
- Your account will be permanently banned.
- Any remaining Wallet balance will be confiscated to cover administrative costs.
- Your identity and device details will be reported to global fraud blacklists (e.g., Ethoca, Verifi).
7.2. Administrative Fee: You agree to be liable for a $50.00 USD administrative fee for each unjustified chargeback filed against us, in addition to the original transaction amount.
8. THIRD-PARTY DISCLAIMER
Pandanio acts solely as a reseller/intermediary for digital products. We are not the creator or developer of the gift cards or services sold (e.g., Apple, Google, Ding). Therefore:
- We are NOT liable for any service interruptions, bans, or policy changes imposed by the third-party service provider.
- We make no warranty regarding the quality or fitness of the third-party service.
9. LIMITATION OF LIABILITY (LIABILITY CAP)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
9.1. No Indirect Damages: Pandanio shall not be liable for any indirect, incidental, special, or consequential damages (including loss of data, profit, or business opportunity).
9.2. Cap on Liability: In all events, our total cumulative liability to you for any claim arising out of this Agreement shall strictly NOT EXCEED the total amount paid by you for the specific transaction giving rise to the claim.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pandanio FZE, its directors, officers, and employees from and against any and all claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your breach of these Terms or your violation of any law or the rights of a third party.
11. GOVERNING LAW AND JURISDICTION
11.1. Governing Law: This Agreement shall be governed by and construed in accordance with the regulations of the Sharjah Publishing City Free Zone (SPC) and the federal laws of the United Arab Emirates.
11.2. Arbitration & Venue: Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates. You hereby waive any objection to such venue based on forum non conveniens.
12. CLASS ACTION WAIVER
YOU AND PANDANIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. AMENDMENTS & SEVERABILITY
13.1. Changes: We may update these terms at any time. Continued use of the Service constitutes acceptance of the new terms.
13.2. Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14. CONTACT INFORMATION
For legal notices or support inquiries, please contact: support@pandanio.com