Pinktada Terms of Service
Last updated January 1, 2022
Please read these Terms of Service carefully before using Our Service.
These Terms of Service (“Terms”) are a legally binding agreement between You and Pinktada that govern Your use of Our websites, mobile apps, and other offerings from Pinktada (Our “Services”). By accessing Our Services, You agree to be bound by these Terms of Service.
In an effort to make these Terms easier to read, We will refer to you as “You” or “Yours” and we will refer to ourselves as “Pinktada,” “We,” “Us,” or “Our”.
Pinktada is a new kind of hospitality marketplace.
Pinktada provides an online venue that enables its registered users (“Members”) to buy, sell and swap non-refundable room reservations and related goods and services offered by hotels. Pinktada converts non-refundable room reservations sold by hotels into tradable “room night tokens” (or “RNTs” for short). A RNT represents a contract between the holder of the RNT and the hotel, which obligates the hotel to provide a particular room (or room class) for a particular night to the owner of that specific RNT. If plans change, the RNT may be sold on the Pinktada Platform to another Member at the then available market price for that particular RNT.
Account. You must be at least 18 years old and register and open an Account with Pinktada on the Pinktada Platform in order to use the Pinktada Services.
FirstClasset, Inc. When You use our Services, You are entering into a legal agreement with FirstClasset, Inc. doing business under the trade name of “Pinktada”. FirstClasset, Inc. is a Delaware corporation with headquarters at 6200 Savoy Dr, Suite 1202, Houston, TX 77036.
Force Majeure. An irresistible force, force of nature, act of God or unforeseen event, making it materially impossible to fulfill a contractual obligation. Examples may include a war, strike, riot, crime, epidemic, earthquake, hurricane, tornado, flood, wildfire or tsunami, to name a few.
Marketplace. An online venue that enables Members to buy and sell non-refundable room reservations (RNTs) and related goods and services offered by hotels.
Member. A registered Account holder in full compliance with these Terms of Service.
NFT. A Non-Fungible Token or NFT is a non-interchangeable unit of data stored on a blockchain or a digital ledger. A NFT is a unique digital identifier that cannot be copied, substituted, or subdivided, that is used to certify authenticity and ownership (as of a specific digital asset and specific rights relating to it). NFT tokens can be used to represent authenticity and ownership of unique items like art, collectibles or even Your photos from a vacation.
PinkCash. Credits available to Pinktada Members for use on the Pinktada platform for the purchase of RNTs and related goods and services offered by hotels. One unit of PinkCash has a value which is equivalent to one US dollar.
Pinktada. An online venue that enables Members to buy and sell non-refundable room reservations (RNTs) and related goods and services offered by hotels. The Pinktada name and logo are the property of FirstClasset, Inc. and all rights are reserved.
Platform or Site. Pinktada’s online venue that enables Members to buy and sell non-refundable room reservations (RNTs) and related goods and services offered by hotels.
Reservation. Reservation is a limited license to enter, occupy, and use a hotel room for the designated night or nights.
RNT. Room-Night Token (“RNT”) represents the right to occupy one specific room (or room type) for one specific night in one specific hotel. A RNT is a digital asset which exists on the Pinktada Platform and can be bought, sold and traded by Members.
Room-Night. A specific combination of a particular room (or room type) for a particular night. For example, Room 103 (or room type) for the night of March 9th.
Services. Websites, mobile apps, and other offerings from Pinktada. Such Services may be collectively referred to as the Pinktada Platform.
Site or Platform. Pinktada’s online venue that enables Members to buy and sell non-refundable room reservations (RNTs) and related goods and services offered by hotels.
Swap. Simultaneous purchase of an RNT and sale of an owned RNT (that was previously purchased). A RNT Swap is most commonly utilized to move Your travel plans forward in time by selling earlier dated RNTs and buying later dated RNTs.
USD. US Dollar. All dollar amounts and the use of the $ sign symbol as contained in these Terms of Service refer to US Dollars.
Wallet. When You open an Account with Pinktada, You will be assigned your own unique digital wallet in the Pinktada Platform where You can store Your RNTs and PinkCash.
In order to use the Services, including using the Platform, to buy, sell or swap RNTs, you must register an Account and be a Member in good standing in compliance with these Terms of Service.
You represent that you are at least 18 years old and that You have the authority to enter into legally binding contracts for Yourself or for the entity that You represent. Pinktada does not permit Accounts for people under the age of 18.
You must provide accurate and complete information during Account registration and keep Your Account information up-to-date. You may not register more than one Account or transfer Your Account to someone else.
You are responsible for maintaining the confidentiality and security of Your Account credentials. You may not disclose your login credentials to anyone else. You are responsible and liable for activities conducted through Your Account and must immediately notify Pinktada if You suspect that your credentials have been lost, stolen or otherwise compromised.
As permitted by applicable law, We may, but have no obligation to, conduct background checks designed to help Us verify Your identity or background. We reserve the right to obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. False or misleading information or criminal convictions may cause us to suspend or revoke Your Account.
You understand that if You violate these Terms of Service, Your Account may be frozen or revoked and You may lose Your ability to access the Service. Additionally, if You violate these Terms of Service, You may permanently lose access to Your PinkCash, RNTs or any other assets held in Your Wallet.
Pinktada is a restricted access online venue (“Marketplace”) that enables Members to buy, sell and swap non-refundable room reservations (RNTs) and related goods and services offered by hotels.
While Pinktada may provide pricing and other guidance on the Platform, such guidance is solely for information purposes, without any warranty as to accuracy.
The Pinktada Platform is a freely traded marketplace for RNTs and related goods and services offered by hotels. Pinktada does not determine prices. Prices are set by willing sellers and willing buyers, participating on the Platform. Pinktada makes no guarantees that a seller will be able to complete a sale to a buyer at a price acceptable to the seller.
While Pinktada may help facilitate the resolution of disputes between buyers and sellers, Pinktada does not guarantee the existence, quality, safety or legality of the RNTs; the truth or accuracy of the sellers’ content or listings; the ability of sellers to sell RNTs or buyers to pay for them; or that a buyer or seller will complete a transaction.
5. SELLING RNTs
When offering a RNT for sale, You must comply with these Terms of Service and any applicable laws.
Pinktada will work with hotel operators to create authentic RNTs representing non-refundable reservations for specific hotel room night combinations. Pinktada will take steps to ensure that such RNTs are verifiable, unique and not counterfeit.
Sellers of RNTs on the Pinktada Platform must set a price at which they are willing to sell RNTs. Pinktada does not determine this price. Sellers may raise or lower their selling price or remove their offering from the Platform.
Pinktada does not guarantee that Your RNT will sell or that You will receive an acceptable price.
By listing a RNT for sale, You are making a binding offer to sell that RNT to a buyer who purchases the RNT at the selling price You have offered.
When a buyer accepts Your offer to sell by purchasing Your RNT on Our Marketplace, You are contractually bound to deliver that exact RNT to the buyer.
You are obligated to monitor your inventory of RNTs and ensure all of Your offerings of RNTs are accurate.
Under no circumstances may sellers cancel orders at one price and then repost the same RNTs for sale at a higher price.
You may not misrepresent or mischaracterize the RNTs that You offer for sale.
Failure to fulfill Your orders is a violation of these Terms of Service and may result in Your account being suspended and the potential loss of any assets in Your Wallet.
Pinktada is not acting as an agent in any capacity for any Member, except to help to facilitate the settlement of transactions between Members on the Platform by receiving cash from the buyer and delivering cash to the seller less any applicable fees and taxes.
6. PURCHASING RNTs
When purchasing RNTs, You must comply with these Terms of Service and any applicable laws.
When you book a room, you are purchasing a RNT for a particular room (or room type) for a particular night in a particular hotel. You are agreeing to pay all charges for Your booking including the applicable fees, taxes, and any other items identified during checkout (collectively, “Total Price”).
You are responsible to understand what You are purchasing and You are responsible for determining the price that You are willing to pay.
When You purchase a RNT, You will receive a booking confirmation and a contract will be formed directly between You and the hotel (commonly referred to as a “Reservation”). Your Reservation is non-cancelable and non-refundable. You may however offer Your RNT for sale to another Member on the Pinktada Platform if your plans change.
7. SWAPPING RNTs
When You simultaneously sell RNTs that You own; and purchase other RNTs, You are executing a RNT Swap. Members may wish to Swap RNTs for many different reasons including rescheduling a vacation or changing hotel properties.
When You Swap from lower value RNTs to higher value RNTs, We will charge Your credit card for the increase in price including any fees and taxes.
When You Swap from higher value RNTs to lower value RNTs We will deposit PinkCash in Your Wallet equal to the difference, less any fees and taxes.
8. USING RNTs
When You utilize a RNT to stay at a hotel, You are responsible and liable for Your own acts and omissions and You are also responsible for the acts and omissions of anyone You invite to join or provide access to the hotel.
For example, this means: (i) You are responsible for leaving the hotel (and related personal property) in the condition it was in when You arrived, and (ii) You must act with integrity, treat others with respect, and comply with applicable laws at all times.
If You are traveling with a minor, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
When You check-in to the hotel, You will be asked to show valid proof of identification (such as a valid driver’s license or passport) and You will be asked to provide a valid credit card to cover charges during Your stay.
Additionally, You will be responsible to pay certain fees and taxes on-site at the hotel, including potentially such fees as, resort fees, amenity fees, utility fees, cleaning fees and other such fees that may be charged by the hotel for Your stay plus any related taxes.
9. HOTEL OBLIGATION
The hotel offering the RNT is contractually obligated to make that specific room (or room type) available on the designated night according to that particular RNT. If the hotel is unable to make that specific room available (or room type) on that specific night, then the hotel must make a room of equal or better quality available to satisfy its obligation.
Only in the case of a force majeure event, is the hotel relieved from its obligation to provide the room specified in the RNT.
Pinktada may charge fees (and applicable taxes) to Members who utilize the Services on the Pinktada Platform. Pinktada generally charges fees to list and transact on the Pinktada Platform. Fees may vary from time to time and may change without notice. Pinktada fees are non-refundable. Review Your transaction details carefully to ensure that You are aware of the fees You that are paying.
When You purchase or sell a RNT, You are responsible for all applicable taxes, including, for example, sales and use taxes, accommodations taxes and potentially income taxes.
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about You, or withhold Taxes from payouts to You, or both.
You may be required to supply Pinktada with Your tax ID number to allow Us to comply with applicable tax regulations. If You fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to You, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided.
You agree that Pinktada may issue on Your behalf invoices or similar documentation for Use tax, Accommodation tax, VAT, GST, consumption or any other Taxes to facilitate accurate tax reporting.
Failure to comply with Tax requirements may result in the suspension of Your account and the freezing of any assets in Your Wallet.
You may opt for Pinktada to create a commemorative NFT, digitally signed by the hotel, to memorialize Your stay. Such commemorative NFTs may include Your own content including images, audio or video (“Content”) from Your stay, however, any such Content (i) must not infringe on the intellectual property rights of others, (ii) must not include discriminatory, offensive, defamatory or hateful language, (iii) must not include references or inferences to drugs, weapons, pornography, prostitution, racism, death, violent, hateful or dangerous acts, (iv) must not include criminal activity.
13. ACCEPTANCE OF RISKS
You agree that You assume the following risks: (a) there may be no willing buyers should you decide to sell your RNTs, (b) Your RNTs may expire unused and worthless, (c) Pinktada may not be able to attract other Members to the Pinktada Platform to create liquidity, (d) there may be a shortage of available hotel properties to Swap Your RNTs, (e) the hotel underlying Your RNTs may fail or be damaged by a force majeure event, (f) clerical errors may result in the hotel giving Your room away represented by Your RNT, (g) prices and valuations for digital assets can be volatile and unpredictable, (h) intangible digital assets may be lost due to technology failure, (i) unauthorized access to Your digital wallet may lead to the loss of Your RNTs, PinkCash or NFTs, (j) loss of Your RNTs or PinkCash due to a loss or compromise of your login credentials, (k) changes in the regulatory environment or the taxation of digital assets may harm the value of Your RNTs, PinkCash or NFTs, (l) viruses, denial of service, hacking, fraud, counterfeiting, ransomware and mining attacks and other cybercrimes may destroy Your digital assets, (m) a third-party purchaser may defraud You, (n) Pinktada may fail or fall into receivership.
You acknowledge that the foregoing may not be a complete list of all possible risks that You must assume to utilize the Services.
Upon conclusion of a stay at a property, You will have an opportunity to share a review of Your stay with the Pinktada community. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates Our Content Policy.
Note that reviews are not verified by Pinktada for accuracy and may be incorrect or misleading.
15. CONTENT POLICY
The Pinktada Platform provides various opportunities for You to provide information, feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, You grant Pinktada a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.
You are solely responsible for all Content that you provide and warrant that You either own it or that You are authorized to grant Pinktada the rights described in these Terms. You are responsible and liable if any of Your Content violates or infringes the intellectual property or privacy rights of any third party.
You agree to be bound by this Content Policy and You represent and warrant that the Content that you submit, does not depict hatred, intolerance, violence, cruelty, cruelty to animals, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others. You warrant that Your Content is free of illegal drugs, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes.
16. PINKTADA STANDARD OF CONDUCT
You must follow these rules when using Our Service:
- Read and follow these Terms of Service.
- Only use the Pinktada Platform as authorized by these Terms of Service.
- Act with integrity, be polite and treat other Members with respect.
- Do not discriminate against or harass other Members.
- Do not post false, inaccurate, misleading, defamatory or libelous content.
- Do not use or post content unless you have permission from the content owner.
- Do not behave in an abusive manner toward any Pinktada employee.
- Do not lie, misrepresent or pretend to be someone else.
- Do not use the name, logo, branding, or trademarks of Pinktada or others without permission.
- Do not use the Pinktada Platform to for commercial messaging, marketing or solicitation purposes.
- Do not scrape, hack, reverse engineer, compromise or otherwise impair the Pinktada Platform.
- Do not violate the rules of the hotels participating on the Pinktada Platform.
- Do not engage in criminal activity or tax evasion.
- Do not offer or solicit prostitution or participate in human trafficking.
- Do not hack, impair or otherwise circumvent any security measure used to protect the Pinktada Platform.
- Do not use bots, crawlers, scrapers or other automated means to collect data from the Pinktada Platform.
- Do not take any action that could damage or adversely affect the performance of the Pinktada Platform.
- Do not interfere or attempt to interfere with the proper working of the Pinktada Platform or Services.
If You believe that a Member has violated our Standards of Conduct, you should report your concerns to Pinktada at firstname.lastname@example.org.
17. PINKTADA’s ROLE
Pinktada provides an online venue that enables Members to buy, sell and swap non-refundable room reservations and related goods and services offered by hotels. Pinktada converts non-refundable room reservations sold by hotels into tradable “room night tokens” (or “RNTs” for short).
While We work hard at Pinktada to try to ensure that our Members have great experiences using Our Platform, We do not and cannot control the conduct of Our Members.
You acknowledge that Pinktada has the right, but does not have the obligation, to monitor and verify the information, including Content, provided by Our Members for access to or use of Our Services. For example, We may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria.
Members acknowledge and agree that Pinktada administers its policies and standards including decisions about whether and how to apply them to a particular situation, at its sole discretion.
Members agree to cooperate with and assist Pinktada in good faith, and to provide Pinktada with such information and take such actions as may be reasonably requested by Pinktada with respect to any investigation undertaken by Pinktada regarding the use or abuse of the Platform.
Pinktada is not acting as an agent for any Member except for where acts as a settlement agent to settle transactions between Members.
18. TERM AND TERMINATION
These Terms of Service shall commence on the date that You register an Account with Pinktada and will continue for an indefinite period unless terminated in accordance with these provisions.
You may terminate at any time by contacting Customer Service. In the event that You request that we close Your Account, we will treat Your request as termination of these Terms of Service.
If You violate these Terms of Service, Pinktada may, in its sole discretion, choose to suspend Your Account with immediate effect and freeze the contents of Your Wallet.
We may terminate Our relationship with You for any reason or for no reason whatsoever, at any time, by giving You at least thirty (30) days’ notice via email to Your registered email address. We will then close Your Account.
Termination shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
19. PLATFORM AVAILABILITY
Pinktada reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform, the Marketplace, the Services or any part of the Platform or Services with or without notice for any reason.
Pinktada performs regularly-scheduled maintenance and the Platform can be expected to be unavailable at these times. While We do our best to avoid customer impact, the Platform or our Services may be temporarily unavailable during maintenance periods.
While Pinktada takes precautions to protect the Platform from cyberattacks, We do not provide any warranties, express or implied, that the Service will not suffer such attacks or that such attacks will not result in the Platform being unavailable.
20. NO WARRANTIES
You agree that Your use of the Pinktada Platform and related Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis.
Pinktada hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
We make no warranties that the Platform or Services will meet Your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services.
You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Platform or Services is Your sole responsibility and that Pinktada is not liable for any such damage or loss.
21. LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of Pinktada, under any provision of these Terms of Service, and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Services, or one-hundred dollars (USD $100) if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall Pinktada be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform or the Services, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms of Service), even if Pinktada has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold Pinktada harmless of any and all damages suffered by You, if You, (a) breach these Terms of Service, (b) You commit a crime related to Your use of the Pinktada Platform or Services, or, (c) You make fraudulent or misleading representations to Pinktada.
23. GOVERNING LAW AND ARBITRATION
These Terms of Service and any dispute relating to these Terms of Service shall be governed and construed in accordance with the laws of the State of Texas.
Any dispute between You and Pinktada shall be settled by mediation or arbitration in Harris County, Texas. In the event of a dispute, either party may request that the matter be submitted to non-binding mediation. If submitted to mediation and not resolved by mediation, then the dispute shall be submitted to arbitration using the services of Judicial Arbitration and Mediation Service (JAMS), or if JAMS is unavailable, any other such arbitrator as mutually selected by the parties. The arbitrator's ruling shall be binding upon the parties. The parties to these Terms of Service expressly waive their right to trial by jury. The prevailing party shall be entitled to reasonable attorneys’ fees.
We may, from time to time and at any time, without notice to You, modify these Terms of Service. You agree that Pinktada has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
To the extent any part or sub-part of these Terms of Service, including amendments and revisions, are held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these terms. You agree that Your continued use of the Service or the Platform after any modifications to these Term of Service are a manifestation of Your continued assent to these Terms of Service.
In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Terms of Service.
25. GENERAL PROVISIONS
LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
ENTIRE AGREEMENT: These Terms of Service constitute the entire understanding between the Parties with respect to any and all use of Our Services. These Terms of Service supersede and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of Our Services.
ASSIGNMENT: These Terms of Service, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should these Terms of Service, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and insure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such situations, the remainder of these Terms of Service shall continue in full force.
NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No party to these Terms of Service has any authority to bind the other to third parties.
FORCE MAJEURE: Pinktada is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, wars, riots, embargoes, pandemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted under these Terms of Service, including e-mail or fax.
For any questions or concerns, please email Us at the following address: email@example.com
Or write to us at: Attn: TOS, 6200 Savoy Drive, Suite 1202, Houston, TX 77036 USA