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ACCEPTANCE OF TERMS OF USE AND OTHER POLICIES
- All references to “you” or “your”, as applicable, means the person that accesses, uses, and/or participates in the Playspots Platform (as defined below) in any manner (“Users”). If you use the playspots Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed an acceptance by the entity you represent and “you” and “your” herein shall refer to such entity.
- Terms of Use. These terms of use (the”Terms of Use”) govern your use of our website https://playspots.ae (the”Website”) and our playspots application for mobile and handheld devices (the”App”) and any assignees and permitted licenses thereof. The Website and the App are jointly referred to as the “playspots Platform”. The playspots Platform is currently owned and operated by Easy Commune Solutions Pvt. Ltd. (“Easy Commune”), a company incorporated under the Companies Act, 2013 and having its registered office at Naduvattam, North Beypore, Calicut, Kerala, India. ASPIRE SPORTS LLC, having the physical address at Sharjah Media City, Sharjah, UAE are our partners in UAE and they do have exclusive rights to market Playspots web and mobile application. “We”, “us”, and “our” herein shall refer to Easy Commune and our associates/partners/successors/permitted assigns. Please read these Terms of Use thoroughly and carefully before you use the playspots Platform as they contain provisions that define your limits, legal rights and obligations with respect to your participation in the playspots Platform and your use of the services offered by the playspots Platform (such services, collectively called the”Services”). These Terms of Use and Privacy Policy (as defined below) constitute a legally binding agreement between Easy Commune and you. By installing, downloading or even merely using the playspots Platform, and by clicking on “I have read and agree to the terms of use” you shall be contracting with Easy Commune and you signify your acceptance to the Terms of Use and other Easy Commune policies (including but not limited to the Privacy Policy) as posted on the playspots Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. If you do not agree to the foregoing, you should not click to affirm your acceptance thereto, in which case you are prohibited from accessing or using the playspots Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue accessing or participating in the Services offered by the playspots Platform immediately. By using the playspots Platform, you agree that the terms, conditions and disclaimers set out in these Terms of Use are reasonable.
- Privacy Policy. Easy Commune has established a privacy policy that explains to Users how their information (“User Content”) is collected and stored (“Privacy Policy”). The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth. You use of the playspots Platform is governed by the Privacy Policy, which is located at https://playspots.ae/privacy-policy.
- Amendments to Terms of Use. These Terms of Use and any other document incorporated by reference are subject to modifications at any time. Easy Commune reserves the right to modify or change these Terms of Use and other Easy Commune policies at any time by posting changes on our website, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the domain. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Easy Commune policies and note the changes made on the playspots Platform. If Easy Commune proposes any changes to the Terms of Use, you will be informed of the same by way of a ‘pop up’ which will appear on your screen. You are expected to review the revised terms.
TERMS OF SERVICE
- You acknowledge and agree that Easy Commune facilitates the hosting of products, services, events and arenas which are offered by third party providers (“Service Provider”) and Easy Commune does not:
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Make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the Service Providers;
Endorse, or confirm that a certain product, products, services, events or arenas which are provided or offered by the Service Provider, confirm to a certain quality or has been rated in a certain format;
Assume any liability if the products, services, events or arenas provided by the Service Provider do not meet the expectation of the User of if the User suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas;
Assume any liability in the event of any change, alternation, amendment or replacement to the products, services, events or arenas offered by the Service Provider.
- You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
- The Playspots Platform is not equipped or authorised to conclude any financial transaction. All payments shall be made through the payment gateway. Easy Commune will conduit the payments received through the payment gateway, or such other authorised payment system, to the Service Provider. The receipt for such payment shall be directly issued to you by the Service Provider. Please ensure that you claim an invoice from the Service Provider.
- We do not endorse any Service Provider. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity.
- You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to any actions or omissions of the Service Provider.
GENERAL TERMS OF USE
- Payments made through the Playspots Platform will not be refunded for any reason including for not purchasing, or availing any products, services, events or arenas, provided that the cancellation is not made prior 4 hours of the confirmed booking and refund is allowed by the service provider.
- Information provided by the Playspots Platform shall be updated on a regular basis subject to the same being provided to us by the Service Provider. If the Service Provider amends, alters or withdraws any product, service, venue or arena and the same is not updated on the Playspots Platform at the time of the User availing such products, services, events or arenas, then Service Provider shall ensure the replacement of the products, services, events or arenas with an equivalent offering or to refund the money receive from the User
- If you choose to use the Playspots Platform, it shall be your responsibility to treat your User identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any User identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
- The Playspots Platform can be used to procure or avail products, services, events or arenas within select cities in India. The Playspots Platform will provide and facilitate access only to those Service Providers who are registered on the Playspots Platform. As we are providing Services in the select cities in India, we have complied with applicable laws of India in making the Playspots Platform and its content available to you. In the event the Playspots Platform is accessed from outside India or outside our operating zones, it shall be entirely at your risk. We make no representation that the Playspots Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Playspots Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
- You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Easy Commune policies to the attention of all such persons accessing the Playspots Platform on your computer or mobile device.
- You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Playspots Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Playspots Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
- You agree and grant permission to Easy Commune to receive promotional/transactional SMS and e-mails from Easy Commune or allied partners.
- By using the Playspots Platform you represent and warrant that:
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All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
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Your use of the Playspots Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
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All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
- You agree to release and fully indemnify Easy Commune and/or any of its directors, shareholders officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Playspots Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Without prejudice to this, you agree that the limitations and disclaimers set out in these Terms of Use will also protect the officers, employees, agents, subsidiaries, successors, assigns and sub-contractors of Easy Commune.
- Notwithstanding its reasonable efforts in that behalf, Easy Commune cannot take responsibility or control the information provided by other Users which is made available on the Playspots Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Playspots Platform.
RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
- In the event the Playspots Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation, Apple, Google or Android (each being an”Operator”).
- Your download, installation, access to or use of the Playspots Platform is also bound by the terms and conditions of the Operator.
- You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Playspots Platform and the content thereof to the extent specified in these Terms of Use.
- The license granted to you for the Playspots Platform is limited to a non-transferable license to use the Playspots Platform on a mobile device that you own or control and as permitted by these Terms of Use.
- We are solely responsible for providing any maintenance and support services with respect to the Playspots Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Playspots Platform.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Palyo Platform or your possession and/or use of the Palyo Platform, including, but not limited to: (i) any claim that the Playspots Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third party claim that the Playspots Platform or your use of the Playspots Platform infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereo
DISCLAIMERS
- The Playspots Platform may be under constant upgrades, and some functions and features may not be fully operational.
- Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Playspots Platform or delay or errors in functionality of the Playspots Platform. As a result, we do not represent that the information posted is correct in every case.
- We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
- You acknowledge that third party services are available on the Playspots Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. however, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties services.
- Apart from a cursory background verification, Easy Commune does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Playspots Platform and use your best judgment in that behalf.
- While the materials provided on the Playspots Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
- The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
- We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information or Services provided on the Playspots Platform. In this regard, you acknowledge that the Services offered by the Playspots Platform concern activities that carry an inherent risk. However, we merely provide a booking platform to facilitate such activities and in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the Services contained herein.
- In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party through the Playspots Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the said booking on the Playspots Platform.d term(s) and provide your consent. If you fail to do so, your existing registration will also stand terminated.