PLAYBUDDY TERMS AND CONDITIONS
Last updated 3 February 2021
1 - INTRODUCTION
1.1 - Applicable Terms: Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Playbuddy website located at http://www.goplaybuddy.com , and all associated sites linked to http://www.goplaybuddy.com (the "Website"), or the Playbuddy App on any iOS or Android device availing any Services ("Playbuddy App") or any similar platform run by Playbuddy Technologies W.L.L., a limited liability company incorporated in the State of Qatar and having CR No. 154851 (hereinafter referred to as "Playbuddy"). Through the Website/mobile app (hereinafter referred to as "Platform"), Playbuddy shall provide you ("User") with a portal to locate and book sports facilities, locate gyms and stores, find out and join sports events and tournaments, and connect and play with other players (hereinafter individually, and collectively, the "Services").
1.2 - Combined Terms: For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Services. By accessing or using the Platforms, you agree to comply with and be bound by the following:
- This Playbuddy Terms & Conditions ("Terms & Conditions"); and
(hereinafter collectively referred to as the "Combined Playbuddy Terms").
1.4 - Updates to these Terms & Conditions: We reserve the right to update, change or replace any part of these Combined Playbuddy Terms by posting updates and/or changes to our website. Any new features or tools which are added to the current store shall also be subject to the Combined Playbuddy Terms. Any new version of these Combined Playbuddy Terms shall take effect and will govern the use of the Platforms and your relationship with us immediately upon the date of posting. Your continued usage/access to the Platforms following the posting of any changes constitutes acceptance of those changes.
1.5 Representation: By accepting the Combined Playbuddy Terms, you represent and warrant the following:
- You are eighteen (18) years of age or older;
- You are capable of entering into a legally binding agreement;
- You are not barred or otherwise legally prohibited from accessing or using the Platforms under the laws of the State of Qatar; and
- Your Account (as defined below) may be terminated without warning if we at our discretion, believe that you are under the age of eighteen (18) or that you are not complying with any Applicable Laws, rules or regulations. Further, if you are not of the authorized age and you access the Platform, please be aware that it shall be assumed that your usage was authorized by such person, who is your parent or guardian and that such person has supervised your usage.
2 - DEFINITIONS
For the purpose of this Terms & Conditions:
2.1 - "Account" shall have the meaning ascribed to it under clause 3.2 of this Terms & Conditions.
2.2 - "Affiliates" shall mean any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or under common control of Playbuddy.
2.3 - "Applicable Law(s)" shall mean all applicable laws, rules, regulations, guidelines, statutory or government notifications of the State of Qatar.
2.4 - "Customer" shall mean a person who uses/accesses the Platforms.
2.5 - "Data Protection Legislation" shall mean (a) Law No. 13 of 2016 of the State of Qatar; and (b) any other legislation in force from time to time relating to privacy and/or the processing of personal data and applicable to the provision and receipt of Training under these Terms and Conditions.
2.6 - "Member" shall have the meaning ascribed to it under clause 3.2 of this Terms & Conditions
2.7 - "Playbuddy Material" shall mean any products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials that are owned by Playbuddy or its Affiliates and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
2.8 - "Sensitive Information" shall mean Customer's private information including, but not limited to, debit card numbers and credit card numbers.
2.9 - "User" shall mean a Customer.
2.10 - "User Content" shall have the meaning ascribed to it under clause 3.2 of this Terms & Conditions.
2.11 - "We", "we" or "us" or "our" shall mean Playbuddy.
2.12 - "You", "you", or "your" shall mean a User.
3 - SETTING UP SERVICES
3.1 Information: The Platform is made available to you at the sole and absolute discretion of Playbuddy. We do not represent that all the features available in the Playbuddy App will be available on the Website, or vice versa.
3.2 Account creation: You need not register with Playbuddy to simply visit and view the Website, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). To create an Account, you must provide your details by filling the necessary account opening details ("User Content") through the account registration page/screen on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but maybe helpful to Playbuddy in providing you with a more customized experience when using the Platform. An Account holder is sometimes referred to on the Platform as "Member".
3.3 Authorization of access: You agree and expressly consent that Playbuddy may, through automated means, access your messages on your mobile device and mobile number and retrieve and use information from your messages to provide you with enhanced services from Playbuddy or its Affiliates. For example: OTP is a one-time password provided to carry out the second-factor authentication. By allowing us to access your messages, you understand that we may retrieve your OTP (for now or for future use) from the message received on your mobile device and populate and submit the OTP for second-factor authentication.
3.5 Unauthorized use of the Account: You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify Playbuddy immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without prior consent from Playbuddy. You agree that you will not misrepresent yourself or represent yourself as another User of the Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, Playbuddy or any others as a result of unauthorized use of your Account.
4 - USE OF THE PLATFORM
4.1 You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- belongs to another person and which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Law No. 11 of 2004 i.e. the Qatar Penal Code;
- is misleading or misrepresentative in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
- interferes with another User's use and enjoyment of the Platform or any third-party User and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
- violates any law for the time being in force;
- deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of Qatar, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
- is false, inaccurate or misleading;
- directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Laws, rule, regulation or guideline for the time being in force; or
- creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
5 - PAYMENT
5.1 - We accept online payment by third-parties including, but not limited to, Visa, MasterCard, and AMEX. By placing an order on the Platform, you warrant that all payment information provided by you is true and accurate; (i) the account you use to pay for the Service has sufficient funds to cover the full transaction amount, and is active and has not expired or been canceled; and (ii) you are the holder (or an authorized user) of the account you use to pay for your order, and you authorize the full transaction amount of your order to be charged to your designated Account.
5.2 - All payment processing for purchases made on the Platforms may be handled through third party e-commerce service vendor(s). If you pay by credit card, at checkout we may perform a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction if the issuer of your payment card refuses to or does not authorize payment for any reason, you will be notified of this immediately during checkout. Your mode of payment also may be declined (i) if the billing information given does not match the bank records, (ii) your card has expired or has been cancelled by the issuing bank, or a potential fraud or security issue is detected on your card.
5.3 - Upon successful checkout, your credit card or account (as applicable) will be charged the full transaction amount. "Successful Checkout" shall mean the occurrence of all of the following:
- you confirm and submit your transaction;
- we accept your transaction;
- if you pay by credit card, we successfully complete a pre-authorization check on your card; and
- your card's issuing bank or account (as applicable) has not declined the transaction for any reason.
6 - THIRD PARTY PROVIDERS
6.1 - You acknowledge and agree that Playbuddy facilitates the hosting of products, services, events and arenas which are offered by third party providers ("Service Provider") and Playbuddy does not:
- 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; and
- 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.
6.2 - 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. 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.
6.3 - The Platform is not equipped or authorised to conclude any financial transaction. All payments shall be made through the payment gateway. Playbuddy 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.
6.5 - 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.
7 - FRAUD OR UNAUTHORIZED USE
You will be entirely responsible for any unauthorised access or use of your personal or financial information through your Playbuddy Account. To assist in preventing unauthorised use of your Playbuddy Account, you should comply with the security measures recommended by us. If you believe your Playbuddy Account has been accessed or used in an unauthorised manner, please contact email@example.com
8 - USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
8.1 - The Platform is owned and operated by Playbuddy. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of this Platform provided by Playbuddy are protected by Qatari copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
8.2 - As between you and Playbuddy, all Playbuddy Materials, trademarks, service marks, and trade names contained on the Platform are the property of Playbuddy. You agree not to remove, obscure, or alter Playbuddy's or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through this Website. Except as expressly authorized by Playbuddy, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Playbuddy Materials.
8.3 - If you have comments regarding our Platform or ideas on how to improve it, please contact firstname.lastname@example.org. Please note that by doing so, you hereby irrevocably assign to Playbuddy, and shall assign to Playbuddy, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
9 - EXTERNAL LINKS
The Website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.
10 - INDEMNITY
You agree to indemnify, save, and hold Playbuddy, its Affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (a) Your use or misuse of the Platform; (b) any violation by you of this Terms & Conditions; or (c) any breach of the representations, warranties, and covenants made by you herein. Playbuddy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Playbuddy, including rights to settle, and you agree to cooperate with Playbuddy's defense and settlement of these claims. Playbuddy will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Combined Playbuddy Terms.
11 - PRIVACY AND COMMUNICATIONS
11.2 - Transfer of Data: Playbuddy may share your payment-related information with banks, third-party providers, and service providers required for operations, settlement payment processing, and promoting Services.
11.3 - Data Protection: The Company offers the use of secure server for the transactions conducted by Customers on the Platform. All supplied Sensitive Information is transmitted and encrypted into our payment gateway providers database. Such information is only to be accessible by those authorized with special access rights to such systems and such Sensitive Information is kept confidential. Sensitive Information shall not be stored on our servers; and the usage of the same shall be in compliance with the Data Protection Legislation.
12 - LIMITATIONS OF LIABILITY
12.1 - In no event, Playbuddy or its Affiliates, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (a) this Terms & Conditions (b) the combined Playbuddy Terms; (c) the Services, the Platform; or (d) Your use or inability to use the Platform, even if Playbuddy or a Playbuddy authorized representative has been advised of the possibility of such damages. In such cases, Playbuddy's liability will be limited to the fullest extent permitted by Applicable Law. This paragraph shall survive the termination of this Terms & Conditions.
12.2 - Further, we will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.
12.3 - We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
12.4 - You acknowledge that third party services are available on the 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.
12.5 - Apart from a cursory background verification, Playbuddy 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 Platform and use your best judgment in that behalf.
12.6 - While the materials provided on the 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.
12.7 - 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.
12.8 - 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 Platform. In this regard, you acknowledge that the Services offered by the 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.
12.9 - 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 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 Platform.
12.10 - Nothing in these Terms & Conditions constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.
12.11 - Playbuddy tries to ensure that the information provided is accurate and complete. However, Playbuddy does not warrant or represent that Playbuddy Platform is accurate, error-free or reliable or that use of Playbuddy Material will not infringe rights of third parties.
12.12 - Playbuddy does not warrant that the functional and/or technical aspects of the Platform or the Playbuddy Material will be error free or that Playbuddy, Playbuddy Material or the servers that make them available are free of viruses or other harmful components. If use of the Playbuddy Platform or Playbuddy Material results in the need for servicing or replacing property, material, equipment, data or other element, Playbuddy is not responsible for those costs. Without limiting the foregoing, everything on the Platform is provided to you "as is" and "as available" and, to the fullest extent permitted by Applicable Law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Playbuddy and its suppliers make no warranties about the Playbuddy Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platform.
12.13 - To the fullest extent permitted by Applicable Law, Playbuddy shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platform or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Playbuddy has been advised of the possibility of such damages.
13 - FORCE MAJEURE
If performance under this Combined Playbuddy Terms by Playbuddy is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, government imposed lockdowns, pandemics, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the platform, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Playbuddy and could not have been prevented by reasonable precautions then Playbuddy shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Playbuddy of its obligations herein.
14 - TERMINATION AND SUSPENSION
This Combined Playbuddy Terms shall continue in effect until termination and may be terminated by the User at any time when the User has no liabilities held by or owed to Playbuddy. Upon the actual receipt by Playbuddy of any written notice of termination via registered e-mail or other means, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in this Combined Playbuddy Terms nor shall it relieve the User of any obligations arising out of prior transactions entered into in connection with this Terms & Conditions.
15 - GOVERNING LAW AND JURISDICTION
This Combined Playbuddy Terms shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Qatar. You irrevocably consent to the exclusive jurisdiction of the courts of the State of Qatar, in connection with any action to enforce the provisions of this Combined Playbuddy Terms, to recover damages or other relief for breach or default under this Combined Playbuddy Terms, or otherwise arising under or by reason of this Combined Playbuddy Terms.
16 - WAIVER
The failure of Playbuddy to exercise or enforce any right or provision of this Combined Playbuddy Terms will not constitute a waiver of such right or provision. Any waiver of any provision of this Combined Playbuddy Terms will be effective only if in writing and signed by Playbuddy.
17 - SEVERABILITY
If any provision of this Combined Playbuddy Terms is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Combined Playbuddy Terms to the minimum extent required, and the remaining provisions will remain valid and enforceable.