General Conditions of Use of Pixel Flow LLP
These General Conditions of Use (the "General Conditions of Use") establish the terms and conditions for accessing and using the Pixel Flow web application (the "Application") and the website under the domain name www.pixelflow.com.pk (the "Website"), and the Battery Sharing Stations and Powerbanks (the "Service") that Pixel Flow LLP, (hereinafter, "Pixel Flow") make available, free of charge, to its users (hereinafter, the "Users").
Object
The Application is intended exclusively for users residing in Pakistan. Users residing or domiciled elsewhere who decide to access and/or use this Application do so at their sole risk and responsibility and must ensure that such access and/or use complies with applicable local legislation.
By accessing and using this Application and/or Website or any part thereof, you, as a User, acknowledge and agree that you have read and accepted these General Conditions of Use and agree to comply with all their terms and conditions. Furthermore, the User acknowledges and accepts that access to and use of this Application and/or Website will be subject to the General Conditions of Use in effect at the time of access. Pixel Flow reserves the right to modify these General Conditions of Use at any time at their sole discretion, as well as any other general or specific conditions that may apply. The User may notify Pixel Flow via the company's contact email address info@pixelflow.com.pk that they do not accept any modifications to these General Conditions. Furthermore, Pixel Flow reserves the right to suspend, interrupt, or cease operating the Application and/or Website at any time.
Services Provided and Contents
1. Through its web and mobile application, Pixel Flow provides the User with a charging service for their mobile devices through various smart charging terminals with monitors ("Battery Sharing Stations") that incorporate 5,000 mAh lithium batteries ("Powerbanks") and that can be located in indoor or outdoor locations (hereinafter, the "Service").
2. The Application and/or Website provides the User with access to various content, information, and data provided by Pixel Flow in connection with the Service (hereinafter, the "Content"). Pixel Flow reserves the right to modify the presentation, configuration, and location of the Application and/or Website, as well as the corresponding conditions of access and use, at any time. Pixel Flow does not guarantee that the Content provided through the Application and/or Website will always be correct, complete, or up-to-date.
Battery Sharing Stations and Powerbanks
As a User, you agree that Power Banks and Battery Sharing Stations remain, at all times, the exclusive property of Pixel Flow. You may not tamper with, vandalize, or disassemble a Power Bank, any part of a Power Bank, or other Pixel Flow-owned equipment. You may also not write on, modify, or deface any stickers or screen printing on a Power Bank or the Battery Sharing Station. You may also not use a Power Bank or other Pixel Flow-owned equipment for any advertising or other commercial purpose without Pixel Flow's express written permission.
Register as a Registered User in the Application
Access to the Services requires you to register as a Pixel Flow User, and in order to identify yourself, you must provide us with a series of basic identification and contact details about yourself as a user.
To process your registration and/or enjoy certain services, Pixel Flow may request additional information such as your location, as well as verification of your email address or mobile phone number at any time. To this end, it is very important that you always provide us with your current email address or phone number, ensuring that it is accurate, current, and not shared with others.
Generally, access to and use of Pixel Flow is prohibited to users under the age of 16, unless they have parental authorization. Therefore, by accepting these Terms, you acknowledge that you are sufficiently capable of assuming the obligations arising from your actions and that you have read, understand, and accept their contents. If you are a minor, you must have prior authorization from your parents, guardians, or legal representatives, who are advised that, pursuant to current legislation, they will be held responsible for all actions carried out by minors in their care.
You can request Pixel Flow to unsubscribe, or manage your own user status through the tools we offer.
Procedure for Charging Mobile Devices
Users who wish to charge their mobile device at one of the Battery Sharing Stations must have previously accessed the web or mobile application on their device and registered as a User.
The User will scan the QR code available at the corresponding Battery Sharing Station and, after providing their contact information and verifying their phone number or email address, as well as confirming they have read and accepted the relevant legal terms and, where applicable, responding to any messages or surveys.
After reviewing and confirming this information, the User must activate their account by depositing a security deposit of PKR 499, regardless of payment method (credit card, debit card, mobile wallet, or bank transfer).
Security Deposit Policy (Applicable to All Users)
- Deposit Requirement: All Users must deposit PKR 499 as a refundable security deposit to activate their account.
- Deposit Revisions: Pixel Flow reserves the right at its sole discretion to revise the deposit amount at any time, without prior notice.
- Refund Discretion: Refund of the security deposit is not automatic or guaranteed. Pixel Flow has the sole discretion to approve or deny refunds based on account activity, condition of the returned Power Bank, or any violations of service terms.
- Continued Usage: If a User defaults on the return period, Pixel Flow may allow continued usage by requesting an increase in the security deposit, based on risk classification. The new amount will be communicated at Pixel Flow's discretion.
- Deposit Forfeiture: In case of default, Pixel Flow reserves the right to forfeit part or all of the deposit and/or deactivate the user's account and to take any actions by law against the specific user for the default.
Service Usage and Charges
- Free Period: The service is completely free if the Power Bank is returned within 24 hours from the time of collection.
- Deposit Forfeiture & Account Deactivation: If the Power Bank is not returned within 24 hours, the User's security deposit of PKR 499 will be forfeited and their account will be deactivated.
- Late Return Handling: If the User returns the Power Bank after the 24-hour period,
Pixel Flow may, at its sole discretion, choose to:
- Refund part or all of the forfeited deposit,
- Reactivate the User's account,
- Or take no action.
- Account Reinstatement: In cases where Pixel Flow chooses to reinstate the account, the User may be required to increase their security deposit amount based on a risk assessment conducted by Pixel Flow
General Terms for All Users
Service Confirmation
Once a user's security deposit of PKR 499 is paid, the user may rent a Power Bank from any Pixel Flow station. A confirmation will appear on the screen along with the return deadline, which is 24 hours from the time of collection.
User Responsibilities
Users are expected to act with care and in good faith, complying with applicable laws while using the Power Banks and Battery Sharing Stations. Misuse, failure to return a Power Bank, or returning it in damaged condition may result in applicable charges, including withholding of the deposit and/or any other actions to be taken in accordance with the laws of the Islamic Republic of Pakistan at the sole discretion of Pixel Flow
User Liability
The user is responsible for their choice of use of the Pixel Flow Services. While Pixel Flow will make every reasonable effort to ensure the legality of the content found on the platform, Pixel Flow acts as a mere intermediary that makes its technological platform available to its users, assuming sole and exclusive responsibility for any due diligence that may be required by law.
Service Interruption
If Pixel Flow, through its own means or at the request of a third party, detects use of the Service that could compromise the security, stability, or normal operation of the Service, it will have the authority to interrupt it. Suspensions of the Service resulting from these circumstances, as well as any consequences of any kind arising therefrom, will not generate any compensation, indemnity, or reduction in the price of the Service for the user.
Compliance and Termination
Failure to comply with your obligations as a user established in these General Conditions of Use may result in the immediate suspension and/or termination of the Services, and even your termination as a registered Pixel Flow User; all of this without the right to receive compensation and/or reimbursement of any kind.
Paid Services: Contracting, Rates and Payment Methods
The Service provided by Pixel Flow is generally free of charge. However, Pixel Flow may condition access and/or use of certain services on payment of a price or a specific fee, as well as on compliance with other legal, commercial, or technical requirements, such as the prior completion of forms requesting the necessary user data. In these cases, the contracting of the paid services available through Pixel Flow will be carried out, through the electronic means enabled on the Website and/or Application, directly between the User and Pixel Flow, and will be governed by these General Conditions of Use, as well as by the provisions of any additional conditions that may be established for this purpose by Pixel Flow.
Therefore, before proceeding to purchase our paid products and/or services, please remember to always check the information available on the Website and/or the App for their specific terms, fees, applicable taxes, payment methods, compatible devices, and associated features to assess whether they meet your expectations. Furthermore, if during the purchase process you discover that the information provided and/or the payment method is incorrect, erroneous, or you wish to modify it, Pixel Flow may give you the option to correct it until the purchase is confirmed.
For these purposes, the prices, bonuses, and/or, where applicable, other economic conditions contracted in accordance with the rates and other general and/or specific conditions, offers, or promotions in effect at the time of use will apply. In this regard, Pixel Flow reserves the right to modify the prices of its products and/or services at any time. Your continued use of the service will constitute acceptance of the new pricing.
Please note that, once you have completed the purchase or contract, Pixel Flow may choose, at its sole discretion, to refund full or partial deposits based on the return time, condition of the Power Bank, and the User's account history. Refunds are not guaranteed and will not be issued in cases of policy violations or misuse.
Security and Privacy
Remember that you are solely responsible for safeguarding your Pixel Flow access keys, as well as for any damages and/or losses that may arise due to unauthorized use of them.
In any case, providing false information is prohibited. Therefore, you must always provide your real and truthful information, as well as provide an email address and/or mobile phone number that is your own. You may be required to verify it. Pixel Flow may temporarily deactivate or cancel any User account automatically without prior notice and without entitling you to any compensation or indemnity. For example, if we have evidence that you may have impersonated a third party on Pixel Flow, either when registering as a User, when contracting our services, and/or when verifying your email address or mobile phone number, we will verify your identity and/or mobile phone number and, where appropriate, temporarily deactivate and/or cancel your Pixel Flow account.
Likewise, Pixel Flow may report to the competent authorities or cooperate with them regarding any potential violation of current legislation detected by Pixel Flow, especially if such violation could constitute a crime.
When charging your mobile device, keep in mind that connecting the power bank incorrectly could cause serious damage to the device.
Pixel Flow is not responsible for any damage caused by misuse of the Battery Sharing Stations, Power Banks, or any other charging devices, or for any damage they may cause for any other reason.
Linking Policy and Disclaimers
Pixel Flow is not responsible for the content of websites that the User may access through links provided in its Applications and/or websites and declares that under no circumstances will it examine or exercise any type of control over the content of other websites on the Internet. Likewise, it does not guarantee the technical availability, accuracy, truthfulness, validity, or legality of websites not owned by it that may be accessed through links.
Pixel Flow declares that it has adopted all necessary measures to prevent any harm to Users of its Applications and/or websites that may arise from browsing its Applications and/or websites. Consequently, Pixel Flow is not liable, under any circumstances, for any damages that Users may suffer while browsing the Internet.
Notification of Damage
The User must inform Pixel Flow of any accident, damage, personal injury, theft, or loss of the Power Bank immediately within 24 hour(s) by sending an email to info@pixelflow.com.pk.
Limitations on the Availability of the Service
Pixel Flow makes every effort to provide the Services 365 days a year, but cannot guarantee that the Services will be available at all times, as unforeseen events or other circumstances may prevent Pixel Flow from providing its Service (such as a customer turning off the Battery Sharing Station, or a power outage at the location where the Battery Sharing Station is installed). Access to the Service is also subject to the availability of Power Banks. Pixel Flow does not guarantee the availability of Power Banks at its Battery Sharing Stations, even if they are marked as available in the Pixel Flow App.
Data Protection and Cookies
In accordance with current regulations on the Protection of Personal Data, we inform you that your data will be incorporated into the processing system owned by Pixel Flow LLP, registration No. 0292776 and registered office at Marina View, D-76, Block 7, Clifton, KDA Scheme 5, Karachi, Saddar Town, Karachi South, Sindh, Pakistan, in order to facilitate, expedite, and fulfill the commitments established between both parties. In compliance with current regulations, Pixel Flow informs you that the data will be retained for the period strictly necessary to comply with the aforementioned provisions.
Unless you tell us otherwise, we will assume that your data has not been modified, that you agree to notify us of any changes, and that we have your consent to use it for the purposes mentioned above.
Pixel Flow informs you that it will process the data in a lawful, fair, transparent, appropriate, relevant, limited, accurate, and up-to-date manner. Therefore, Pixel Flow undertakes to adopt all reasonable measures to ensure that such data is promptly deleted or corrected when found to be inaccurate.
In accordance with the rights conferred on you by current data protection regulations, you may exercise your rights of access, rectification, restriction of processing, deletion, portability, and objection to the processing of your personal data, as well as the consent given for the processing thereof, by sending your request to the postal address indicated above or by email to info@pixelflow.com.pk.
You may contact the competent Supervisory Authority to file any complaint you deem appropriate.
For more information on how we process your data, please see our Privacy Policy and our Cookie Policy
Intellectual and Industrial Property Rights
Pixel Flow LLP, by itself or as assignee, is the owner of all intellectual and industrial property rights of its devices, Application and Website (including, without limitation, images, sound, audio, video, software or texts; utility models, patents, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Pixel Flow LLP. Therefore, they will be works protected as intellectual property by the Pakistan legal system, and both Pakistan regulations in this field, as well as international treaties relating to the matter and signed by Pakistan, will be applicable to them.
All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including making available, of all or part of the contents of the Application and this website, for commercial purposes, on any medium and by any technical means, are expressly prohibited without the authorization of Pixel Flow LLP
The User agrees to respect the intellectual and industrial property rights held by Pixel Flow LLP. You may view the elements of the Application or the Website and even print, copy, and store them on your computer's hard drive or any other physical medium, provided that this is solely and exclusively for your personal and private use. The User must refrain from deleting, altering, circumventing, or manipulating any protection device or security system installed on the Pixel Flow Application or Website.
Disclaimer
Pixel Flow does not warrant that the Website, Application, content, Services, or features thereof will be error-free or uninterrupted, nor does it undertake to correct errors or to guarantee that your use of the Website, Application, or Services will provide you with specific results. The Website, Application, and its content are provided on an "as is" and "as available" basis. All information published on the Website or Application is subject to change without notice. Pixel Flow cannot ensure that files or other data downloaded from the Website will be free of viruses or other destructive features. Pixel Flow disclaims all warranties, express or implied, including accuracy, non-infringement, merchantability, and fitness for a particular purpose. Pixel Flow is not responsible for the acts, omissions, and conduct of any third party in connection with your use of the Website, Application, or Pixel Flow Services. Your use of the Website and its linked sites is at your own risk. The only way to express your dissatisfaction with the Pixel Flow Website, Application, and Services and their content is to stop using them. This limitation of liability is part of the agreement between the parties.
The disclaimer of liability specified above applies to any damages, liabilities, or losses resulting from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transfer, virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use, whether for breach of contract, negligence, or otherwise.
At any time, Pixel Flow reserves the right to: (1) modify, suspend, or terminate operation of or access to part or all of the Website and Application for any reason; (2) modify or change part or all of the Website and Application, as well as any applicable policies or terms; and (3) discontinue operation of part or all of the Website and Application, when necessary to perform maintenance, error correction, or other changes.
In the above cases, Pixel Flow will notify the User of such modifications and give them the opportunity to cease being a User if they do not agree with the modifications made.
Limitation of Liability
Except where prohibited by law, Pixel Flow shall in no event be liable for indirect, exemplary, incidental, or consequential damages, including lost profits, even if advised of the possibility of such damages.
In particular, and as previously stated, Pixel Flow is not liable for any damage caused by the misuse of the hardware it makes available to its Users. Such misuse includes, but is not limited to, negligent use or use contrary to or different from that indicated in these General Conditions of Use in relation to the Battery Sharing Stations, Powerbanks, or any other charging devices, nor for any damage that these may cause to the User or any third party for any other reason.
In this regard, it should be noted that the User undertakes to ensure proper use and care of all these devices, which, if used improperly, negligently, or without the necessary care, could entail certain risks.
The User agrees that, during the rental period, the rented Powerbank is under his or her exclusive custody and is therefore responsible for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties or disbursements of any kind or nature related to a Powerbank while it remains in his or her custody.
The User agrees to return the Power Bank in the same condition as when it was rented. The User will not be responsible for normal wear and tear of the Power Bank.
The power bank will not be considered returned by the User if it is not returned to one of our battery sharing stations and appears in our App as a returned charger or power bank. We are not responsible for any potential charges that may be incurred if the User hands the power bank to the staff at a facility instead of personally returning it to one of our battery sharing stations.
The User agrees to pay any fines, fees, penalties, court costs, and/or any other charges incurred by Pixel Flow, resulting from the User's misuse of any Powerbank, or as a result of the User's violation of any law, rule, regulation, and/or ordinance while using the Services.
The User also agrees that any attempt to recharge the Powerbank by means other than a Pixel Flow Battery Sharing Station will be carried out at his or her sole risk, and that Pixel Flow will not be liable for any harmful, economic, physical, or any other consequences arising therefrom.
Force Majeure
Neither Pixel Flow nor the User shall be liable for any damages or delays or failures in performance resulting from acts or events beyond their reasonable control, including, but not limited to: pandemics or epidemics, including, but not limited to: actions of public administration, actions of authorities, legal restrictions, fires, floods, explosions, demonstrations, riots, strikes, labor disputes, shortages of raw materials, power failures, interruption of communications, or others.
Indemnification
The User agrees to indemnify, defend, and hold harmless Pixel Flow LLP, its directors, officers, employees, affiliates, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Any breach of these General Conditions of Use or any other applicable policy by the User;
- Unauthorized, negligent, reckless, or intentional use of Pixel Flow's services, Power Banks, Battery Sharing Stations, or mobile application;
- Violation of any law or regulation by the User;
- Loss or damage caused to Pixel Flow's property or to third parties as a result of the User's actions or omissions;
- Infringement of any intellectual property rights or other rights of any third party while using Pixel Flow services;
- Failure to return Pixel Flow equipment in proper condition or within the required timeframe.
International Use and Language
You understand and agree that Pixel Flow is intended for use by anyone who complies with these General Conditions of Use, in any country where its use is not contrary to applicable local laws or regulations. Furthermore, Pixel Flow may have certain restrictions, may not function properly, or may not have all its services available in all countries.
Users' use of Pixel Flow within a specific country is at their own risk. You are solely responsible for complying with the laws of the countries from which you register and/or access Pixel Flow, as well as those from which you use our services.
While these General Conditions of Use are translated into several languages to ensure that they can be read and understood by all our Users, they acknowledge and accept that the English version will always prevail in the event of any inconsistencies between the different versions.
Changes to General Conditions of Use
Pixel Flow may update its General Conditions of Use and will promptly inform users of any changes.
Pixel Flow reserves the right to modify these General Conditions of Use at any time in accordance with applicable law. Users will be able to review any updates on the Website. Continued use of the service after such changes have been made will constitute acceptance of the updated General Conditions of Use
Applicable Law and Jurisdiction
Current regulations will determine the laws that must govern and the jurisdiction that must be heard in the relationship between Pixel Flow and Users. However, in those cases where current regulations do not provide for the obligation to submit to a specific jurisdiction or legislation, any dispute arising from the use of this service may be resolved through binding arbitration in Karachi, Pakistan, in accordance with the Arbitration Act 1940, at the discretion of Pixel Flow.