Playbook Terms & Conditions September 1st, 2021
I. Acceptance of terms
Please read the following Terms of Service (the “Terms”) carefully so that you aware of your legal rights and responsibilities with respect to your access to and use of the Playbook website at www.theplaybookme.com(the “Site”) and any related mobile or software applications (“Playbook Platform”) including but not limited to delivery of information via the Playbook Platform whether existing now or in the future that link to the Terms (collectively, the “Services”).
By accessing or using the Playbook Platform, you are agreeing to these Terms and concluding a legally binding contract with Playbook App and/or its affiliates (hereinafter collectively referred to as “Playbook App”). Please do not use any part of our Services if you object in whole or in part the Terms herein and delete the application immediately. Your use of the Playbook Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
II. Definitions
User
“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of searching and discovering a venue and enjoying a discount from the vendor.
Content
“Content” will include, but not limited to images, photos, location data, nearby places, and all other forms of information or data. “Playbook Content” means content that Playbook App creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services Third Party Content. “Third Party Content” means content that comes from parties other than Playbook App or its users and is available on the Services (Such as from vendors restaurants).
Vendor(s)
“Vendor” means the venues listed on Playbook.
III. Eligibility to use the services
1. You hereby represent and warrant that you are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. You are in full compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the terms
Playbook App may vary or amend or change or update these Terms, from time to time entirely at its own discretion with or without notifying you. The Playbook platform Policies and Terms of Service may be changed or updated occasionally to meet the requirements and standards. Therefore, the Users are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Playbook Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V. Provision of the services being offered by Playbook App
1. As we are making constant updates and improvements to the app, Playbook App reserves the right to suspend/cancel, or discontinue any or all products or Services at any time on Playbook or any other applications without notice, make modifications and alterations in any or all of its contents, products and services without any prior notice.
2. Vendors may change the percentage of discount given and the duration of the discount period without prior consent to the user. Playbook App will take reasonable care to have those changes reflected on the mobile application, but will not be in any ways responsible for any error or delays of the application.
3. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
4. You acknowledge and agree that if Playbook App disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
5. You acknowledge and agree that while Playbook App may not currently have set a fixed upper limit on the monetary amount or number of transmissions you may send or receive through the Services, Playbook App may set such fixed upper limits at any time, at Playbook App’s discretion, with or without prior notifying you.
6. By using Playbook App’s Services you agree to the following disclaimers:
The Content on these Services is for informational purposes only. Playbook App disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Playbook App reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Playbook App does not guarantee the quality of the food and beverages provided, nor the services incurred, the prices listed in menus or the availability of all menu items at any Vendors. Additionally, Playbook App is not responsible for the quality of the food and beverages provided, and the user agrees that Playbook App has no responsibility in case of allergic reaction to Items ordered. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Playbook App. Specifically, there are animation artworks embedded into the Playbook Platform attributable to Lottie1 Files and Freepik2. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been authorized to be used by Playbook App. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Playbook App.
1. Specifically, the art works were created by [@garyjacobs/ Lottiefiles and @141/ Lottiefiles]
2. Specifically, the art works were created by Freepik from www.flaticon.com
7. Playbook App reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Playbook Platform anytime in future.
8. Playbook App may from time to time introduce referral and/or incentive based programs for its vendors or users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Playbook Platform terms. Further, Playbook App reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Playbook App determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Playbook Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Playbook App reserves the right to modify, cancel and discontinue its Program without notice or providing a reason to the User.
9. In the event the order or visit value does not meet any required minimum order or minimum net Deliverable value, Playbook App may, at its sole discretion, (i) increase the quantity of items in the order to meet the minimum order requirement; (ii) apply a minimum order charge; (iii) reject the order, or (iv) waive the requirement at the sole discretion of the Vendor, provided that the waiver of a requirement for one order shall not constitute a waiver of the requirement for any future orders.
Others Terms
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the data owned by Playbook App (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Playbook App in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Playbook App, unless you have been specifically allowed to do so, by way of a separate agreement with Playbook App. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
VI. Delivery Service Availability
Each Vendor has a predetermined delivery range. This delivery range may change from time to time due to unforeseeable factors such as weather, traffic or demand on our services. This is to ensure that Items reach your door at their optimal conditions. Our Vendors each decide their own operating hours, and the delivery range which you can order, depends on the Vendors in your area. If you try to place a delivery order to a location outside of the deliverable area or operating hours of one of our Vendors, or Playbook is otherwise unavailable for any reason, we will notify you that the order has not been successfully placed.
VII. Orders
When you place an order through our Playbook mobile app, it needs to be accepted by us or the Vendor before it is confirmed. We will send you a notification if your order has been accepted (the "Confirmation Notice"). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Some Vendors operate a minimum order value policy. This will be displayed on Playbook. All Items are subject to availability. Vendor may use nuts or other allergens in the preparation of certain Items. Please contact our Vendor prior to ordering if you have an allergy or a preexist medical condition that our Vendor should be aware of. Playbook cannot guarantee that any of the Items sold by our Vendors are free of allergens.
VIII. Delivery
When you place an order you must be available to accept delivery from the time you place the order.
Unfortunately, despite our, and our Vendor’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is delayed, we will work with you to make things right unless you have caused the delay (e.g. because you provided us the wrong address or did not answer the door).
We will attempt delivery at the address you provide to us when you place your order. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been dispatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to): You did not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
IX. Refund Policy
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Vendor.
Refunds will only be processed by Playbook for card payments transacted and processed through the application.
Refunds will be done only through the original mode of payment.
X. Prices, Payment and Offers
Prices displayed on the Playbook mobile app include VAT. You confirm that you are using our Service for personal, non-commercial use. Playbook may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of our Vendors. We reserve the right to charge a service fee, which may be subject to change, for the provision of our services. You will be notified of any applicable service fee and taxes prior to purchase on the checkout page on Playbook. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid. Where Playbook or any Vendors make a delivery, we or the Vendor may also charge you a service charge. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and applicable service fees.
Payment for all Items and deliveries can be made on Playbook by credit or debit card, or other payment method made available by Playbook. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to Playbook acting as agent on behalf of the Vendors only.
We are authorised by our Vendors to accept payment on their behalf and payment of the price of any Items or delivery charges to us will fulfil your obligation to pay the price to the Vendor. In some cases, you can alternatively make your payment in cash directly to the Vendor by paying the driver at the time of delivery. Where cash payment is possible, this will be made clear on Playbook before you place your order.
Playbook App Software Solutions FZ-LLC on behalf of Playbook accepts payments on the Playbook mobile app using Visa and MasterCard credit/debit card in AED.
XI. Content
Ownership of Playbook Content and Proprietary Rights
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Playbook Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Playbook App and that you shall not disclose such information without Playbook App’s prior written consent.
You agree to protect Playbook App’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Playbook App (or Playbook App’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Playbook App and that you shall not disclose such information without Playbook App’s prior written consent. Unless you have agreed otherwise in writing with Playbook App, nothing in the Terms gives you a right to use any of Playbook App’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Playbook App; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Playbook’s Content in whole or in part except as expressly authorized by Playbook App.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
Your License to Playbook Content
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Playbook Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Playbook Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
Third Party Content and Links
Some of the content available through the Services may include or link to materials that belong to third parties, such as maps or location services. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Playbook App is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Playbook App is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
XII. Content guidelines and privacy policy
Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
Privacy Policy
You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public
You acknowledge that Playbook App has no obligation to monitor your or - anyone else’s - access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
You hereby agree and assure Playbook App that the Playbook Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s).
XIII. User feedback
If you share or send any ideas, suggestions, changes or documents regarding Playbook’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Playbook App is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Playbook App may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Playbook App and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Playbook’s existing products or marketing strategies; do not include any ideas that Playbook’s policy will not permit it to accept or consider.
XIV. Additional Terms and Conditions for Users using the various services offered by Playbook:
1. Loyalty Discount Program:
1. Eligibility: To become eligible for Playbook’s loyalty program, you must be a Subscribed User of the Playbook Platform. A “Subscribed” User or “You” or “Your” for the purpose of this clause means a user who has subscribed to Playbook Platform by creating an account on the Playbook Platform using his/her email or any other mode as made available on the Playbook Platform.
2. Eligible Discounts: Subscribed Users of Playbook will be eligible for the stated scaling discount on their mobile devices. However, please note that Playbook App and the Vendors will have full discretion to refuse any users of any discounts without reasons. Users will have no recourse or right to claim any damages whatsoever from either the Vendors or Playbook App.
3. Playbook and the Vendors may decline your request for discount if the discount request is not sent from your mobile device.
4. Playbook and the Vendors reserves the right to withdraw any promotion discount at any time and/or modify the terms and conditions, without any prior notification to You. Personal Information: Members will be required to share certain personal information with Playbook App including their name, phone number, email address, in order to enjoy the benefits of Playbook. Playbook App will use these details in accordance with the Privacy Policy published on www.theplaybookme.com/privacypolicy.
Disclaimer: The liability to fulfill the Offer rests solely with the Vendors and Playbook App shall in no manner be liable if the Vendor does not honor any of the Offer(s). The Vendor reserves the right to refuse service to anyone in accordance with its policies. However, in the event the Vendor refuses to honour the Offer(s) in accordance with these Terms, please write to us at [info@theplaybookme.com] and we shall endeavor to assist you. However, please note that Users will have no recourse or right to claim any damages whatsoever from either the Vendors or Playbook App.
Liability Limitation: Notwithstanding anything otherwise set out herein, Playbook App shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Vendor or for the member's experience at the Vendor's venue. Playbook App shall in no manner be liable to the member if any outlet of Vendor Venue temporarily or permanently shuts down its operations.
Assignment: Playbook App may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
Contact Us: You may contact us at [info@theplaybookme.com] for any further queries with regard to these Terms and Conditions.
XV. Disclaimer of warranties, limitation of liability, and Indemnification
Disclaimer of warranties
you acknowledge and agree that the services are provided “as is” and “as available” and that your use of the services shall be at your sole risk. to the fullest extent permitted by applicable law, Playbook app, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (“Playbook app parties”) disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. to the fullest extent permitted by applicable law, the Playbook app parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services’ content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. the Playbook app parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. you are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. no advice or information, whether oral or written, obtained by you from playbook or through or from the services shall create any warranty not expressly stated in the terms. unless you have been expressly authorized to do so in writing by Playbook app, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Limitation of liability
to the fullest extent permitted by applicable law, in no event shall the Playbook app parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, and/or (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or (iv) any interruption or cessation of transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (vi) any loss of your data or content from the services, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Playbook app parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, and/or (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services, and/or delay or failure in performance resulting from causes beyond Playbook app’s reasonable control. in no event shall the Playbook app parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Indemnification
you agree to indemnify, defend, and hold harmless the Playbook app parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your content, (ii) your unauthorized use of the services, or products or services included or advertised in the services; (iii) your access to and use of the services; (iv) your violation of any rights of another party; or (v) your breach of these terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. we retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. you agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. we will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XVI. Termination of your access to the services
You can delete your account at any time by contacting us via the “Contact Us” or by following this process: Go to Setting > Sign Out > click on the I Want to Delete My Account’ button and ceasing further use of the Services. Once the deletion request has been submitted, all your information will be automatically deleted after 30 days.
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XVII. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Severability:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Playbook App and you shall have no authority to bind Playbook App in any form or manner, whatsoever.
Governing Law/Waiver:
These Terms shall be governed by the laws of Dubai. The Courts of law at Dubai shall have exclusive jurisdiction over any disputes arising under this agreement.
For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN THREE (3) MONTHS AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
XVIII. Notice of copyright infringement and grievance redressal mechanism
Playbook App shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Playbook Platform, or items advertised on the Playbook Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
Send the written communication to: Playbook App Software Solutions FZ LLC.
No. 1715, Al Shatha Tower, Media City,
Dubai UAE
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
Playbook App Use of Developers Trademarks
You hereby grant to Playbook App a nonexclusive, royalty-free, license during the validity of this License Agreement, to use your name and trademarks solely to promote and advertise the relationship between Playbook App and you pursuant to this License Agreement. You understand and agree that Playbook App has no obligation (i) to use your name or trademarks or (ii) to promote you or its services.
Independent Parties
This License Agreement is on a “principal to principal” basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between Playbook App and you and if applicable your representatives and employees or between you and the representatives and employees of Playbook App or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party.
1. Indemnity
You will indemnify and hold harmless Playbook App, its affiliates and network partners, and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) with respect to any third party claim relating to or arising out of: (a) your use of any Licensed Content in a manner inconsistent with the terms of this License Agreement; (b) your breach of this License Agreement, (c) breach of any applicable laws, regulations, or ordinances; (d) the Developer Platform or (e) the Developer Applications. Playbook App will: (i) promptly notify you of such claim (provided, however, that a failure to provide such notice shall not limit your indemnification obligation hereunder except to the extent that you are materially prejudiced thereby) and (ii) permit you to participate in the defense of any such claim at its expense, with counsel reasonably acceptable to Playbook App.
2. Limitation of Liability:
IN ADDITION TO YOUR LIABILITY FOR BREACH OF THE TERMS OF THIS AGREEMENT YOU SHALL BE LIABLE FOR BREACHES OF CONFIDENTIALITY, YOUR USE OF THE LICENSED CONTENT, IN A MANNER INCONSISTENT WITH THE TERMS OF THIS LICENSE AGREEMENT. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED Playbook APP'S LIABILITY UNDER THIS LICENSED AGREEMENT SHALL NOT EXCEED USD 500. FURTHER, IN NO EVENT SHALL YOUR LIABILITY BE LIMITED UNDER THIS LICENSED AGREEMENT. The Parties agree that the mutual agreements made in this Section reflect a reasonable allocation of risk. Any claim arising out of or relating to this License Agreement must be brought by the later of 2 (two) years following the occurrence of the event giving rise to such claim or 1 (one) year following discovery of such claim.
Termination
Playbook App reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API, Licensed Content and/or suspend or terminate your rights under this Licensed Agreement to access, use and/or display (as applicable) the API, and/or any Licensed Content.
1. Any termination of this License Agreement shall also terminate the licenses granted hereunder. Upon termination of this License Agreement for any reason, you will promptly stop all calls to the API and stop using, and either return to Playbook App or destroy and remove, all copies of the Licensed Content, Marks, API Key and any Confidential Information in your possession. Upon such termination or early expiration, Playbook App reserves the right to suspend the API key without notice to you.
2. Notwithstanding the above, the provisions of this License Agreement regarding confidentiality and indemnification and all obligations of Parties arising prior to the expiration or termination of this License Agreement shall survive the expiration or termination of this License Agreement.
Governing Law and Jurisdiction
The validity, construction and performance of this License Agreement shall be governed by, and construed and enforced in accordance with, the laws of the UAE, as applied in the Emirate of Dubai. Any dispute will be resolved by the courts of Dubai.
WARRANTY DISCLAIMER
PLAYBOOK APP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLAYBOOK MOBIE APPLICATION, THE API, THE LICENSED CONTENT AND Playbook APP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO PLAYBOOK MOBILE APPLICATION, THE PLAYBOOK SITE, THE API, THE LICENSED CONTENT, AND THE MARKS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. Playbook APP DOES NOT WARRANT THAT USE OF THE API WILL BE UNINTERRUPTED OR ERROR-FREE.
LEGAL DISCLAIMER
Playbook APP SOFTWARE SOLUTIONS FZ-LLC ON BEHALF OF PLAYBOOK DOES NOT DEAL OR PROVIDE ANY SERVICES OR PRODUCTS TO ANY OF OFAC (OFFICE OF FOREIGN ASSETS CONTROL) SANCTIONS COUNTRIES IN ACCORDANCE WITH THE LAW OF UAE.
Force Majeure
Any delay in or failure of performance by Playbook under this License Agreement will not be considered a breach of this License Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, acts of God, power outages, failures of the Internet, failures of banking or any other unforeseeable event.
Legal Compliance
You and Playbook App will each comply with all laws, rules and regulations, if any, applicable in connection the performance of their respective obligations under this License Agreement.
Miscellaneous
1. If any covenant or provision is adjudged by a court of competent jurisdiction to be unenforceable, invalid or otherwise contrary to law, such covenant or provision will be interpreted so as to best accomplish its intended objectives and shall be enforced as so modified, and the remaining covenants and provisions will remain in full force and effect. The invalidity or unenforceability of any such covenant or provision in one jurisdiction shall not invalidate or render unenforceable such covenant or provision in any other jurisdiction.
2.This License Agreement may be amended by Playbook App, at its sole discretion from time to time and shall be applicable to your usage of the Licensed Content under this Agreement.
3. This License Agreement supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter hereof.
4. The failure to require performance of any provision will not affect a party's right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself or of any subsequent breach of such provision.
5. Nothing in this License Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this License Agreement on any persons other than the parties to it and their respective successors and permitted assigns, nor is anything in this License Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this License Agreement, nor shall any provisions give any third persons any right of subrogation or action over and against any party to this License Agreement.
6. The parties agree that Playbook App may assign any of its rights or transfer by novation any of its rights and obligations under this License Agreement to any of its affiliates or to any acquirer of substantially all of its business without notice to You or Your consent. You may not assign your rights and obligations under this License Agreement without the prior written consent of Playbook App, which consent shall be at the discretion of Playbook App and may also be subject to conditions as deemed appropriate by Playbook App.
7. A party will not be bound to comply with any provisions of this License Agreement if such compliance would be in contravention or contradictory to applicable law. In such a circumstance such party will inform the other immediately and take necessary steps to comply with applicable law.
8. All restrictive covenants contained in this License Agreement shall survive the termination of this License Agreement.
9. Should you have any question with regard to this License Agreement or would like to report any violations of this License Agreement, please contact info@theplaybookme.com
