Pingvalue Terms of use

Pingvalue S.à r.l., a private limited liability company validly established and set up under the laws of Luxembourg, having its registered office 59, Bld Royale, L-2449 Luxembourg, Luxembourg, registered with the Luxembourg register and trade office under umber B 186.394 (hereinafter referred to as “Pingvalue”) manages the website www.pingvalue.com and the products and services relating to it (hereinafter referred to as the “Products and Services”).

When browsing on www.pingvalue.com and using Pingvalue Products and Services, both our private and commercial users (hereinafter globally referred to as the “Users” or individually the “Private User(s)” and “Commercial User(s)”) agree to comply with and to be legally bound by the following terms of use (hereinafter referred to as the “Terms of Use”).


1. Preliminary requirements before using Pingvalue

1.1. When signing in with Pingvalue, Users agree to provide Pingvalue with full and accurate information concerning them, notably their full name, age, gender, address and email.

1.2. Users must be at least sixteen (16) to use Pingvalue.

1.3. Users under eighteen (18) are deemed to be aware that content may be sometimes considered as inappropriate for them.

1.4. When an individual creates a commercial account for a legal person (such as a company), he/she represents and warranties that he/she is legally and validly entitled to represent it by agreeing to these Terms of Use on behalf of it.


2. Operating of Pingvalue

2.1. Pingvalue aims to connect people, products, stores and brands both in the physical and digital world.

2.2. To this end, Private Users can create their own content which expresses personal tastes, connect with similar Private Users, find interesting products and places around them.

2.3. Conversely, Commercial Users can take advantage of digitalized word-of-mouth to have their products and services promoted by Private Users on the www.pingvalue.com. 2.4. Concretely, Pingvalue allows Users to add, on their personal page, pictures of products they find interesting, which can be liked, shared, reviewed, added to wishlists and combined also by other Users. Each action increases the “Social Factor” of Users which corresponds to the ability of each User to influence other people by setting new trends. 2.5. This influential power may possibly attract Commercial Users’ attention (brands and stores) which can, in turn, take advantage of it by endorsing loyal Users to the brand/store as ambassadors and rewarding them for their promotional efforts with credits.

2.6. Commercial Users can buy credits from Pingvalue in order to start a promotional campaign by distributing them as rewards to Private Users for their efforts in promoting their products.

2.7. The credits earned by Private Users can then be converted into vouchers called “coupons” (hereinafter referred to as “Coupons”) which can be used to buy Commercial Users’ related products online or offline.

2.8. Each Coupon has a QR code and an URL on it, it is available from the Private User’s profile and can be printed.

2.9. Coupons can be redeemed by the store either by scanning the QR code from the Private User’s mobile device or the printed copy or through a browser by entering the corresponding URL.

2.10. Credits earned by Private Users have a one month validity period as from their reward to be converted into Coupon.

2.11. Coupons will be valid for a limited period of one month starting as from their date of creation.

2.12. After the expiry date, the unused Coupons are not redeemable anymore and will be lost.

2.13. Pingvalue shall automatically send reminder email to Private Users two (2) weeks before the expiration date of the Credits/Coupons and each day during the last five (5) days before the expiration date.

2.14. The Private User can send an email to Pingvalue within two (2) weeks after the expiration date to explain the reason why he did not use the Coupons within the limit period, Pingvalue can then decide discretionary to either reactivate the Credits/Coupons or not.

2.15. Commercial Users can limit the scope of stores/locations where Coupons can be validly used. Pingvalue shall not be deemed responsible for this limitation.

2.16. Please note that credits and Coupons cannot be converted into real money and reimbursed to Private Users by Pingvalue. The first are unusable until converted into Coupons which can afterwards solely be used by Private Users in the corresponding brands/retailers stores to buy goods.

2.17. Please also note that unused credits (i.e. unsufficent credits to be converted into a Coupon or credits not converted into Coupons before the expiry date set for the related Coupons) are not transferable and thus will be lost after the end of the related promotional campaign.


3. Commercial use of Pingvalue



3.1. Anyone who wishes to use Pingvalue for business purposes is a Commercial User.

3.2. Commercial Users must create a commercial account in order to use Pingvalue Products and Services for business purpose.

3.3. Commercial Users are bound by the Terms of Use.

3.4. Moreover, Commercial Users will also be bound by specific and individual agreement agreed on between them and Pingvalue.


4. Users content



4.1. Pingvalue allows Users to share and recommends products, services or brands to other Users or internet users (notably through social networks such as Facebook™ or Twitter™). Pingvalue also allows its Users to comment or reshare publications of other Users (these activities constitute what will be herein referred to as the “Content”).

4.2. Users are the only legal owners of rights concerning their Content.

4.3. Users are also the only responsibles for the Content they publish.

4.4. Users Content might be shared, used or recommended again by other Users and/or Pingvalue, accordingly Users agree to grant to Pingvalue and other Users a limited, revocable, non-exclusive and non transferable license to use, record, modify or distribute their Content notably to notify to other Users an activity related to a certain brand/retailer likely to interest them.

4.5. Users shall not produce or reproduce Content relating to pornography, paedophilia, racism, hate speech or other illegal activities in general as well as Content which could be countrary to public morality.

4.6. Pingvalue reserves its right to delete or modify Users Content if it considers it as inappropriate or in contradiction with these Terms of Use, the Law or public morality.

4.7. If the User asks for his/her account to be deleted or disactivated, Pingvalue reserves its rights to keep a copy of the User Content during a reasonable period of time notably for backup, archival or audit purposes.

4.8. A part of the Content may however include personal datas about the User.

4.9. As a consequence, in the event of deletion or disactivation asked by the User, Pingvalue shall delete as soon as possible the part of the Content including such personal datas (see article 4 of Pingvalue Privacy Policy and www.pingvalue.com/#/privacy).


5. License granted by Pingvalue



5.1. Pingvalue grants to Users limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use its Products and Services.

6. Intellectual property rights infringement

6.1. Pingvalue is not liable for any infringement of intellectual property rights done by its Users.

7. Account and Content safety

7.1. Pingvalue uses its best endeavours to provide Users accounts and Contents with the most comprehensive safety.

7.2. However, Users are also a key element in the safety process, this is why Pingvalue asks them to choose a complex password for their account and to not communicate, under any circumstances, this last to third-parties.

7.3. Any successful log in is deemed to be done by the User or on behalf of him

7.4. Pingvalue will not be held liable if an unauthorised third-party succeeds to log in to the User account.


8. Privacy



8.1. Concerning the privacy of Users personal datas, please read the Pingvalue Privacy Policy following this link : Privacy Policy www.pingvalue.com/#/privacy.


9. Feedback

9.1. Pingvalue is always keen to receive and collect feedback from Users in order to constantly improve Users experience.

9.2. The comments, ideas or feedback Users submit to Pingvalue are not part of their Content.

9.3. By choosing to submit comments, ideas or feedback to Pingvalue, Users agree to waive any rights related to his/her feedback meaning Pingvalue can use it for free, without any restriction or compensation to him/her.


10. Application of Terms of Use to softwares



10.1. Pingvalue may provide Users with softwares, such as a mobile application or a browser plugin downloaded to his/her browsing device.

10.2. These softwares may be updated frequently.

10.3. These softwares, whatever their version, must be used by Users in compliance with the present Terms of Use.


11. Inaccessability and incompatibility



11.1. The domain www.pingvalue.com may not be accessible from anywhere and at anytime due notably to country restrictions, regular maintenances or issues coming from the User’s internet connection.

11.2. As a consequence in these situations and, overall in each situation where Pingvalue is not the the origin of the inaccessability, Pingvalue shall not be liable for the inaccessibility of the domain.

11.3. Pingvalue or some of its functionalities may be incompatible with the User’s internet browser, operating system, some softwares on his/her device which cause conflicts and even sometimes with the hardware system.

11.4. In case of incompatibility, the User can feel free to contact Pingvalue using the contact details provided below to check if Pingvalue staff can find a troubleshooting solution.

11.5. If the problem cannot be solved, Pingvalue shall not be responsible for the incompatibility.


12. Update



12.1. These Terms of Use are subject to changes.

12.2. When such a change occurs, Users will be notified by proposing to agree with the last version of Pingvalue Terms of Use [email, welcome page of website… ?]. If the User refuses to do so, he/she is deemed to stop using or browsing on www.pingvalue.com.


13. Violation of the Terms of Use



13.1. In case of violation of the Terms of Use by the User, Pingvalue shall reserve its rights, without prior notice, to terminate the relationship between the User and Pingvalue by suspending or deleting the User’s profile.

13.2. This right is effective as from the first infringement of the Terms of Use.


14. In case of conflict



14.1. In the event a conflict would arise between a User and Pingvalue, the User agrees, before initiating any civil action, to contact Pingvalue and try to find an amicable resolution to the conflict.

14.2. If the problem cannot be solved amicably within two (2) months after the first notification of the concern by the User, any action will be brought in Luxembourg before the competent court.

14.3. The previous statement is made without regard to conflict of laws or international law provisions.


15. Governing law and jurisdiction



15.1. These Terms of Use shall be subject and construed in accordance with laws of Grand Duchy of Luxembourg. Any disputes or different arising concerning the validity and/or interpretation of these Terms of Use shall be brought before the competent court in Luxembourg.

15.2. The previous statement is made without regard to conflict of laws or international law provisions.


16. Contact details



16.1. For any further information relating to Pingvalue or the the present Terms of Use, Users can :

* send an email to contact Pingvalue at info@pingvalue.com and pingers@pingvalue.com; or

* send a letter to the following address Pingvalue SARL, 59, Bld Royale, L-2449 Luxembourg, Luxembourg