Terms and Conditions

The services offered on this PinBank website ("Services") are provided by PINBank Group Inc. ("PINBank") and are subject to the following Terms and Conditions. By visiting the PinBank website ("Website") You ("You" or the "User") accept these Terms and Conditions and the terms and conditions of PINBank’s Privacy Policy which are incorporated herein by reference, and agree to be bound by them. If You do not agree to these terms, then please do not use the PINBank Website. PINBank reserves the right to change or amend these Term and Conditions or Privacy Policy at any time and to notify You by posting an updated version of the Term and Conditions on this Website. The amended Terms and Conditions or Privacy Policy, as the case may be, shall be effective immediately upon posting.


1. INTELLECTUAL PROPERTY RIGHTS


(a) Intellectual Property Rights.
The Services and any information and content including any software programs available on or through the Website (collectively, the "Contents") are owned by PINBank and/or its licensors and are protected by applicable domestic and international copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are strictly prohibited from and shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any portion of the Contents, in whole or in part. Any rights not expressly granted to You are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

(b) Limited License.
PINBank grants You a limited license to use the Services only as permitted herein and subject to these Terms and Conditions. As a condition of your use of the Contents, you agree not to use the Contents for any purpose that is unlawful or prohibited by these Terms and Conditions. The Contents are provided for personal use only. Any unauthorized commercial use of the Contents, or the resale of the Contents, is expressly prohibited. You also agrees to abide by all applicable local, provincial, federal, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Contents used.

2. USE OF THE WEBSITE


(a) Third-Party Content and Websites.
The Website may contain links to websites that are not owned or controlled by PINBank. PINBank assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using the Website, You agree that PINBank shall not be liable in any manner due to your use of any third-party contents or website. In addition, PINBank will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve PINBank from any and all liability arising from your use of any third-party website.

(b) Transmission of Personal Data.
You acknowledge and agree that by providing PINBank with any personal or proprietary user information through the Website, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with PINBank's standard business practices. You should be aware that Linked Websites may contain transmission of personal data provisions that differ from the provisions provided herein. PINBank is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

(c) Nature of Content.
The Website is not intended for use by children under the age of 13.

(d) Registration and Account.
When registering your account, You must provide accurate and complete information as requested, including a valid email address.

(e) Username/Password.
PINBank may issue You a username and/or password for access to certain portions of, or services provided via the Website. You must hold and secure any such username or password as strictly confidential. Accordingly, You shall not allow friends, family, business associates or other persons access to or use of such username or password. PINBank shall not be responsible whatsoever in the event that your password is misappropriated by a third party. You must notify PINBank immediately of any breach of security or unauthorized use of your account. Although PINBank will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses incurred by PINBank or others due to such unauthorized use. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

(f) Use of "Cookie" File Features.
PINBank reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect users' preferences. The PINBank Privacy Policy provides additional information regarding PINBank' use of cookies.

(g) Downloads.
All content and software (if any) that is made available to view and/or download in connection with this site, excluding content and/or software that may be made available by end-users through a communication service, ("Software") is owned by and is the copyrighted work of PINBank and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the software license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. In the event that any Software is not accompanied by a license agreement, it shall be governed by these terms and conditions. You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

3. PRICING, REGISTRATION, PAYMENT AND BILLING DISPUTES


(a) Pricing.
Pricing for the Services is as set forth on the Website and is subject to change from time to time. No notice of price changes will be given other than updating the prices on the Website.

(b) The shipping terms for all orders are FOB the shipping point and ownership of product transfers to purchaser only upon delivery.

(c) Registration.
After purchase of products or services of PINBank, the Purchaser must complete the registration process by providing current, complete and accurate information as required in the Registration Form in order to avoid problem of credit card abuse and fraudulent activities. Furthermore, the Purchaser is entirely responsible for any and all activities that occur under the purchased product or service.

(d) Payment.
PINBank accepts major credit cards including, Visa and MasterCard. There is no surcharge for using your credit card to make purchases with PINBank. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. PINBank does not accept any other form of payment.

(e) Taxes.
Customer is responsible for, and shall pay any applicable federal, provincial/state, municipal, local or other governmental sales, use, excise, and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide PINBank with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date PINBank receives such certificate.

(f) Billing Disputes.
Whether You have paid by credit or debit card, must notify PINBank in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your account if you dispute any PINBank charges on that statement or that have been debited from your account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to PINBank's customer service from the Website.

(g) Acceptance of Order.
Your receipt of an electronic or other form of order confirmation does not signify PINBank's acceptance of your order, nor does it constitute confirmation of our offer to sell. PINBank reserves the right at any time after receipt of your order to accept or decline your order for any reason whatsoever, with no liability whatsoever.

4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION


(a) General.
By using the Website and the Contents, You expressly agree that such use is at your sole risk. The Website and the Contents are provided on an "AS IS" and "as available" basis. Neither PINBank nor its affiliated entities nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Website or Contents will be uninterrupted or error-free or free from viruses, security breaches or the like. Neither PINBank nor its Affiliates warrant the accuracy, integrity or completeness of the Contents offered for sale on the Website. PINBank makes no representation or warranty that the Contents in this Website are legal, appropriate or available for use in all geographic locations. Those who choose to access this Website do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent such local laws are applicable.

(b) PINBANK AND ITS AFFILIATES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR CONTENTS SOLD THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE WEBSITE IS ASSUMED SOLELY BY YOU.

(c) PINBANK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES IN REGARDS TO YOUR DATA, HARDWARE OR SOFTWARE MALFUNCTIONS COST OF DATA USAGE AND TRANSFER, OR LONG DISTANCE CHARGES INCURRED BY THE USE OF THE CONTENT.

(d) NEITHER PINBANK NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) PINBANK'S TOTAL LIABILITY TO YOU PURSUANT TO THE TERM OF THIS AGREEMENT SHALL BE EXPRESSLY LIMITED TO THE FEES PAID TO PINBANK FOR USE OF THE CONTENTS

(f) THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. PINBANK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE

(g) WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PINBANK AND ITS AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

(h) Indemnity.
You agree to defend, indemnify and hold harmless PINBank and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website or Contents; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive these Terms and Conditions and your use of the Contents or Website.

5. GENERAL TERMS


(a) Notices.
Notices by PINBank to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to clientcare@goldline.net; (ii) Mail and courier deliveries must be sent to: PINBank Group Inc., 180 West Beaver Creek Rd. Richmond Hill, Ontario L4B 1B4, Canada.

(b) Written Agreement.
These Terms and Conditions constitute a written agreement between You and PINBank. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

(c) Entire Agreement.
These Terms and Conditions constitute the entire agreement between You and PINBank related to this Website. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and PINBank relating to this Website.

(d) Limitation of Cause of Action.
You and PINBank agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose or be forever barred.

(e) Ability to Accept Terms of Service.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.

(f) Assignment.
You may not assign your rights and obligations hereunder. However, this Agreement and PINBank’s rights and obligations hereunder are fully assignable by PINBank.

(g) Modifications.
PINBank has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PINBank in providing the Website, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Services, is to cancel your subscription in accordance herewith. PINBank has the right to modify, suspend or discontinue the Website or any portion thereof at any time. PINBank may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

(h) Waiver and Severability.
The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.

(i) Privacy Policy.
It is PINBank's policy to respect the privacy of our users. Please click on the "Privacy Policy" hypertext link located at the bottom of our Web pages to view our policy.

(j) Access to Your User Account.
You specifically agree that PINBank may access your user account where necessary.

(k) Termination or Discontinuance of Service by PINBank.
PINBank may terminate your access to any part or all of the Services at any time. If PINBank decides in its sole and absolute discretion for any reason whatsoever to do so, PINBank's total liability to You will be to refund the unused cost of the Services, but only if such termination was not as a result of a breach of these Terms and Conditions by You. If PINBank terminates your subscription based on a breach of any portion of these Terms and Conditions, PINBank reserves the right to refuse to provide Services to You in the future.

(l) Termination by Customer.
If You choose to terminate your Services prior to using all of your prepaid credit, You will be refunded the full amount of your unused credit with PINBank, in the form of a credit to the credit card with which You initially purchased the Services. Please note however, that PINBank can only process the refund on the last credit card used to purchase of the Services within the two year period immediately preceding the termination.

(m) Right of Set off.
In the case of termination by You or PINBank, you hereby agree that PINBank shall have the right to set off any credit that might be owed to you against any amounts due by You to PINBank or to any of its affiliated entities.

(n) Violations.
PINBank reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Website.

(o) Arbitration.
Any dispute or disagreement of any kind between You and PINBank shall be resolved by binding arbitration in accordance with the laws of the province of Ontario and the Arbitration Act ), which is deemed to be incorporated by reference into this clause. The arbitration tribunal shall consist of one arbitrator chosen by the parties. The decision of the tribunal shall be final and binding and no appeal shall lie there from. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as the arbitrator determines in its discretion.

(p) Governing Law/Forum Selection.
These Terms and Conditions are governed by the laws of the Province of Ontario to contracts made and performed solely in the Province of Ontario, without regard to conflict of laws principles.




CCTS/Complaints

PINBank is committed to the highest quality of service and customer satisfaction. Customer concerns are handled by our trained customer service personnel, in accordance with the following process

  • Customer calls into the call center and speaks with a first level customer service representative ("CSR").
  • The issue is handled by the first level CSR.
  • If the issue is not resolved by the end of the call or needs further internal processing, an internal ticket is created and forwarded to the appropriate department for further resolution. Customer is given a timeline for the resolution at that time.
  • If first level customer care is not able to resolve the issue or forward to an appropriate department or if the customer is not satisfied with the resolution given, customer is given the option to speak with a team leader (second level CSR).
  • If the second level CSR resolution is not satisfactory to the customer they will be given the option to speak with a team manager or 3rd level CSR for further resolution.
  • In the event that customer is still not satisfied, they will be referred to the "Legal" page on the PINBank website where they can find a link to the Commissioner for Complaints for Telecommunications Services (CCTS) website and will also be given the CCTS phone number.

Commissioner for Complaints for Telecommunications Services (CCTS)

CCTS

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.
To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.



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