These are the terms and conditions for:
(Hereby “Picker Wheel”).
The following terms and conditions apply to the platform and services offered by Picker Wheel. This includes the mobile and tablet versions as well as any other version of Picker Wheel accessible via desktop, mobile, tablet, social media, or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
You may use the platform only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
Use of the platform is available to all ages. In the case of minors, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available in the services and plans is appropriate for their child or minor in custody. Picker Wheel reserves the right to make the necessary checks during the registration process.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Picker Wheel may, in its sole discretion, refuse to offer the platform and services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
By providing Picker Wheel with your email address and phone number you consent to our use of your email address to send you notices about the platform, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special content. We will also use your email address to reply to you when you have sent us your feedback through our feedback form. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news, or special content.
Users may use the platform without registering. Account registration is required if users wish to save and share their online data with other devices. If the user uses the platform without registering, all data will be saved in the local storage of the user's browser.
If you register on Picker Wheel, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Picker Wheel of any unauthorized use of your password or account or any other breach of security and ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Picker Wheel. Picker Wheel will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Picker Wheel.
Picker Wheel reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Picker Wheel believes that you have breached any of these terms, furnished Picker Wheel with false or misleading information, or interfered with use of the platform or the service by others.
Users will be able to purchase plans that will allow users to access premium functionalities within the platform. When a user makes a purchase of a plan, the user agrees and declares to purchase the plan for the price advertised on the website at the time of purchase. The purchase of the plans is final and non-refundable. Please check the price and features of each plan before ordering.
When a user makes a plan purchase, Picker Wheel will send a confirmation email. This confirmation email will occur automatically so that the user has confirmation of payment and plan initiation. If the user does not receive the confirmation email when purchasing and signing up for the plan, it may have been sent to their spam folder.
Picker Wheel may cancel the sale of any plan and may change or discontinue the availability of plans at any time at its sole discretion. If a plan purchase is cancelled, any payments made for the applicable billing period will be refunded. This does not affect your statutory rights.
Plans may include automatic recurring payments. You authorize Picker Wheel to renew your plan and to charge you periodically and progressively on each billing date. The plan billing date is the date you purchase the plan and make your first payment. On the applicable billing date, you will automatically be charged the applicable plan rate. The plan will remain active until you cancel it or we terminate it. You must cancel your plan before it renews to avoid the next billing period. We will bill you for the plan billing fee in the payment method you choose during plan registration and purchase.
Plans will automatically renew for an additional period unless cancelled before the next billing period. Users will be able to cancel the plan through their user account and control panel. Once the plan is cancelled through the user's account, the plan will continue to be active until the next billing period.
The plans will be paid through the payment processor available on the website. Payment will be charged to your credit or debit card immediately upon payment of the applicable plan fee. Upon processing a transaction, we will issue an electronic receipt that will be sent to the email address you provided to us at the time you purchased a plan. The email and transaction receipt may be sent through the payment processor available from Picker Wheel.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment data will be processed and stored securely and for the sole purpose of processing the purchase of the plans. Picker Wheel reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of the plans.
The property rights of the platform and methods used in the platform belong exclusively to Picker Wheel. Any physical or virtual exposure of the methods used in the platform may lead to violations of Picker Wheel's intellectual property rights.
The platform can be used through the website or the user can embed the tool in their websites or slides. Picker Wheel gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (platform) provided to you by Picker Wheel as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Picker Wheel, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.
Users can create a share link with their entries included and share it with other people or users. Anyone who has access to the link can access the tool with the entries of the user who shared and generated the link. Users will be responsible for sharing their entries and information with other people or users through the shared link.
Shared links will be automatically deleted if no one has accessed the link for 365 days. The information contained in shared links will also be deleted. Shared wheels will be automatically deleted if no one has accessed the wheel for 60 days after its creation. The data shared in the wheels will also be deleted. Users can remove links and shared wheels by sending us their request through our contact information.
The user agrees not to use the platform and services in a negligent, fraudulent, or illicit manner. It is strictly forbidden to use the platform for betting or gambling purposes. Likewise, the user undertakes not to engage in any conduct or action that may damage the image, interests, or rights of Picker Wheel.
Picker Wheel reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Picker Wheel believes that you have violated any of these terms or interfered with the use of the platform or service by others.
By accessing and registering on the platform and using the functionalities available on the platform, you accept personal responsibility for the results of the use of the platform and the functionalities available on the platform. You agree that Picker Wheel does not guarantee the results of any action nor does it guarantee any results, whether or not advised by this platform or the functionalities available on the platform. Users are solely and exclusively responsible for the use of the functionalities available on the platform. Users are solely and exclusively responsible for the content they share through the platform and the links they share with third parties and other users. Users are solely and exclusively responsible for the use of the platform when it is embedded in the websites of users or third parties.
All materials on Picker Wheel, including, without limitation, names, logos, trademarks, images, text, columns, graphics, sound effects, musics, videos, photographs, illustrations, artwork, software, and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Picker Wheel or by third parties that have licensed or otherwise provided their material to the website.
Some sound effects are downloaded under the Creative Commons Attribution 3.0 License. There are:
You acknowledge and agree that all materials on Picker Wheel are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Picker Wheel prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Picker Wheel or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
Picker Wheel respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Picker Wheel website infringes your copyright or other intellectual property right, please submit your request through our contact information, with the following information:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
ii. A statement specifically identifying the location of the infringing material, with enough detail that Picker Wheel may find it on the “Picker Wheel” website. Please note it is not sufficient to merely provide a top-level URL.
iii. Your name, address, telephone number and e-mail address.
iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Picker Wheel provides and maintains the platform "as is", "as available" and does not promise that the use of the platform will be uninterrupted or totally free of errors.
We cannot offer any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be responsible for any breach of these terms by you and if you use the platform in violation of these terms you shall be liable and shall reimburse Picker Wheel for any loss or damage caused as a result.
Picker Wheel shall not be liable in any amount for the breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation Internet outages, communications outages, fires, floods, wars or acts of God.
Subject to the foregoing, to the maximum extent permitted by law, Picker Wheel excludes liability for any loss or damage of any kind whatsoever, including without limitation any direct, indirect or consequential loss, whether or not arising from any problem you notify Picker Wheel and Picker Wheel shall have no liability to pay any money by way of compensation, including without limitation all liability in connection with:
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Picker Wheel by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the platform. In addition, the following activities are prohibited:
Certain features of the platform may allow users to upload or provide content to Picker Wheel. You retain any copyright you may have in the user content you provide to Picker Wheel through the platform. Picker Wheel is not responsible for the accuracy, security, or legality of the user content that you provide through the platform. Users are solely and exclusively responsible for their content and the consequences of providing their content. By providing user content through the platform, you grant Picker Wheel a worldwide, non-exclusive, fully paid right and license to host, store, transfer, display, perform, reproduce, publish, modify, and display your content through the platform and services.
Picker Wheel disclaims all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content through the Platform. By providing User Content through the Platform, you affirm, represent and warrant that:
a) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Picker Wheel to violate any law or regulation.
b) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
c) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
Picker Wheel may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these Terms or is otherwise objectionable. If a user or third party notifies us that any user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice.
Any dealings with third parties included within or on Picker Wheel involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Picker Wheel is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Picker Wheel does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Picker Wheel or any of its employees, officers, independent contractors, agents, or other representatives. Any reference to any third party on Picker Wheel is provided to you for informational purposes only. Picker Wheel encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Picker Wheel works to ensure the information on Picker Wheel is current and accurate.
You agree to defend and indemnify Picker Wheel and any of their directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
No responsibility will be accepted by Picker Wheel for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
We may change the platform and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the platform shall be settled by binding arbitration between you and Picker Wheel, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
These conditions are governed by the laws of Malaysia. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these Terms, please contact us through our contact page or via the contact information below: