Terms and Conditions
This service may include subscriptions that automatically renew. Please read these terms and conditions of use carefully (in particular, section 7 “In-App Purchase and Subscription details”) before starting a trial or completing a purchase for our app’s auto-renewing subscription service.
To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the free trial or then-current subscription period. If you are unsure how to cancel a subscription or a free trial, please visit the Apple support website, Google Play help, or any other app stores support pages depending on where you have purchased your subscription. Deleting the app does not cancel your subscriptions and trials.
Deleting the app does not cancel your subscriptions and trials. We also aim to provide information about our subscription policies at or near the point of purchase. Please review these policies prior to making purchases. You may wish to make a printscreen of this information for your reference.
We also aim to provide information about our subscription policies at or near the point of purchase. Please review these policies prior to making purchases. We will strive to provide accurate and updated information in our Subscription Policy. You may wish to make a printscreen of this information for your reference.
Please note: these terms contain a binding arbitration provision in section __ that affects your rights under these terms. The arbitration provision requires that disputes be resolved in arbitration on an individual basis. Furthermore, these terms contain important disclaimers in (section 2), disclaimers of warranties (section 9), limitation of liability (section 10) and jury trial, court hearing and class action waiver (section 13).
You are agreeing to these Terms by installing, using or otherwise accessing the Service. If you do not agree with any part of these terms, or if you are not eligible or authorized to be bound by these terms, then do not download the app or otherwise access or use the service.
Contents
- Acceptance of terms
- Your usage of the Service
- User Account Details
- Intellectual Property
- DMCA
- App stores, third party ads, other users
- In-App Purchase and Subscription details
- User representations and restrictions
- Disclaimer of Warranties
- Limitation of Liability
- Indemnity
- Mandatory Binding Arbitration and Class Action Waiver
- Governing law
- Miscellaneous provisions
- Contacts
- Acceptance of terms
- 1. These Terms and Conditions (the “Terms”) govern your access to and use of the games and applications (“Apps”), websites and the associated services and goods offered by Us, as applicable (altogether – the “Service”).
- 2. These Terms are an agreement between you as a user of our Service and Imponilox Limited, a company registered in the Republic of Cyprus with registered office at Themistokli Dervi, 39, 1st Floor, Flat/Office 104, 1066, Nicosia, Cyprus (“we”, “us” or the “Company”).
- 3. You are agreeing to these Terms by installing, using or otherwise accessing the Service. If you do not agree to these Terms, please do not install, use or otherwise access the Service.
- 4. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. When using the Service, you must also comply with applicable third party terms of agreement.
- 5. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
- 6. We may change these Terms on this page of the Website. We may provide you with notice about some critical changes, for example by email or by posting notifications on the Service, but are not obliged to do so in every case. Any other changes will be notified to you only by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change. If you don’t agree to the changes, you should stop using the Service. Use of the Service after any changes to these Terms are made means that you accept such changes.
2. Your Usage of the Service
2.1. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with these Terms, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
2.2. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
2.3. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
2.4. Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
2.5. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
2.7. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.
3. User Account Details
a. Account Registration
3.1. In order to use certain features of the Service, you may need to register your profile (“Account”) and provide certain information about yourself as prompted by the registration form. You may also create an account by authorizing through a valid account on the social networking Service (“SNS”), such as Facebook or Apple (which may change from time to time).
3.2. If you register the Account, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
b. Account Credentials
3.3. When creating an Account, you may select a username and a password ("Login Information"). You shall not share the Account or the Login Information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
3.4. In the event you become aware of or reasonably suspect any breach of security, for example, any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information.
3.5 The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
c. Ownership to Account
3.6 You acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an Account are and shall forever be owned by and inure to the benefit of the Company.
d. Suspension and Termination of Account and Service
3.7. The Company may limit, suspend, terminate, modify, or delete the Account or access to the Service or portions thereof if you are, or the Company suspects that you are:
- failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Service, with or without notice to you;
- creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies.
3.8. The Company reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such an event, the Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
e. Loss of the Account and Goods
3.9 If as a result of the account termination or limitation you lose your username, or any benefits, privileges, earned or purchased items associated with your use of the Service, the Company is under no obligation to compensate you for any such losses or results.
4.1 Intellectual Property
4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below, is proprietary to us or to third parties.
4.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
4.3. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (b) install and use the App, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.
4.4. The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to the App ("User Content") remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content.
4.5. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to use, publish, retain copies, distribute, publicly display and perform the User Content (namely, personal data, processed under Privacy Policy) in connection with the Service.
5. Copyright Complaints
5.1. The Company respects the intellectual property rights of others and expects its users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.
5.2. If you assume that any videos, photos, audio, graphics, text or other content uploaded or appearing on the Service, many constitute copyright infringement, you may file Notice of Alleged Copyright Infringement (“Notice”), which shall contain as follows:
- Identification of the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identification of the allegedly infringing material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Your contact information, such as mailing address, telephone number, and email address.
- Following statements:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5.3. Notices should be sent by e-mail to playme@betterme.world or by mail to:
Imponilox Limited
Themistokli Dervi 39, 1st floor, Office 104, 1066,
Nicosia, Cyprus
5.4. The user of the Service, who has uploaded infringing materials may file counter-notice with us, which shall contain as follows:
- Identification of the material that has been removed.
- Following statement: “I hereby state that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Contact information, such as mailing address, telephone number, and email address.
- Full legal name and electronic or physical signature.
5.5. The Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Service or reinstating the materials in question.
6. App Stores, Third Party Ads, Other Users
6.1. App Stores. You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store, and/or other app stores (collectively, "App Stores" and each, an "App Store").
You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with all applicable agreements, terms of use/service, and other policies of the App Stores. Your license to use the App is conditioned upon your compliance with those documents. You acknowledge that the App Stores and their subsidiaries are a third party beneficiaries of these Terms and will have the right to enforce these Terms.
6.2. The Service may contain links to third party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third Party Ads are not under the control of the Company and the Company is not responsible for them.
Third Party Ads. The Company provides these Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Ads. Advertisements and other information provided by Third Party Sites Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads that are found on or through the App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
6.3. User Content. Each user of the Service is solely responsible for their User Content. Because we do not control the User Content, you acknowledge and agree that: (a) we are not responsible for that, and (b) we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and (c) we assume no responsibility for that.
Your interactions with other Service users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
6.4. You hereby release us, our officers, employees, agents and successors from claims and demands in respect of all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to interactions with any App Store, any other Service users, or any Third Party Ads.
7. In-App Purchases and Subscription Details
a. General provisions:
7.1. The App is free to download. However, certain features of the Service may be offered for a fee ("In-App Purchase") or on a subscription basis ("Subscription", together with In-App Purchase – “Purchase”). You will pay an App Store the applicable fees and any related taxes as they become due. You authorize the App Stores to charge the applicable fees to the payment card that you submit.
7.2. The Purchase is an exclusive service for users who are either (a) of legal age as established by your respective state or country of residence; or (b) under the legal age and have the consent of their parents or guardians to make the Purchase. Parents of children under the legal age may select the Apple Store settings to restrict Purchases, and shall monitor their children’s accounts for unexpected activity, including the Purchases.
7.3. Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase or after the end of the trial period. All Purchases within the Service can be performed by using any acceptable payment method accepted by the Service if you are a legal adult in your country of residence.
7.4. All prices and discounts made available on the Service may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions, there may be errors in the information displayed to you. The applicable price in the event of any discrepancy is the price in effect at the time of making the payment. If the price is incorrect, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
b. Goods
7.5. With In-App Purchase made through the Service, you receive an access to certain extra in-app content, including (a) special features designed to enhance the performance and user experience of the Service, and (b) virtual diamonds that can be exchanged to other in-app features (altogether – “Goods”). The Goods may also be obtained or earned through campaigns and other methods within the Service.
7.6. As hereinafter provided, Goods are provided "as is" without any warranty. The following limitations apply to your usage of the Goods:
- The purchased Goods have no monetary value and do not constitute actual currency or property of any type.
- You may not buy or sell any Goods or your account in exchange for legally acceptable money or otherwise exchange items for any other kind of value through any means other than that established to provide the Service.
- Once you acquire Goods, you may not sell, trade, transfer, or exchange the Goods or your account to another user, unless such functionality is provided to you by us.
- Your limited license to Goods is a service provided by us that commences immediately upon acceptance of your purchase by the Company. Every purchase, sale, and trade of Goods shall be final and non-refundable, unless otherwise determined by us at our discretion.
- You are not entitled to bring any claims in respect of, and do not suffer, any loss as a result of any "loss" of or "damage" to your Goods;
- You will not receive money or other compensation for unused Goods when your account is closed whether such closure was voluntary or involuntary.
7.7. You only get a limited, revocable, personal, non-transferable, and non-sublicensable license to use Goods. You acknowledge that you do not acquire any ownership rights in or to the Goods. Any balance of Goods does not reflect any stored value.
7.8. We may manage, control, regulate, modify or eliminate Goods at any time, with or without notice, in our sole discretion. We shall have no liability to you or any third party in the event that we decide to exercise these rights.
7.9. All Goods may be forfeited if your account is suspended or terminated for any reason, at our sole and absolute discretion without prior notice, or if we discontinue the provision of the Service, including, but not limited to, for the following reasons:
- your account is inactive (i.e., not used or logged into) for one year;
- you fail to comply with the Terms (Terms of Service, Privacy Policy);
- we suspect fraud or misuse by you of the Goods and the Service;
- we suspect any other unlawful activity associated with your account;
- we are acting to protect the Service, any of our users, or our reputation.
7.10. You may have no access to purchased Goods if you change your device. To restore Goods purchased in-app, contact us at playme@betterme.world.
c. Subscriptions
7.11 Certain Goods of the Service may be offered through the Subscription. You may purchase a Subscription directly from an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service for a specific time period.
7.12 Subscription Items. Our subscription may include access to exclusive in-app items (for example, storyline characters). Please note that if you already purchased such exclusive in-app items separately, one-time gems return equal to the gems equivalent of such item will be applied to your account. From time to time, we may also change the subscription item (for example, storyline characters) to gems equivalent of such item or other item (for example, access to paid content) in subsequent subscription period.
7.13. Trial. We may offer a trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
7.14. Autorenewal of the subscription. By signing up for certain Subscription, you agree that your Subscription may be automatically renewed. Unless you cancel your Subscription, you authorize the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your Subscription in accordance with the cancellation procedures of the relevant App Store. To avoid being charged, cancel the subscription in your account settings at least 24 hours before the end of the trial or the current subscription period.
7.15. Expiration. The Service and your rights to use it expire at the end of the paid period of your Subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
7.16. Refunds. Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact an App Store support. To request a refund, follow these instructions from the Apple support page or the Google’s support page.
7.17. You agree that the Purchase is final, that Company will not refund any transaction once it has been made and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Since the Service is of a digital nature, we cannot accept any request for refunds and therefore your right of withdrawal is lost at this point. Notwithstanding anything to the contrary in the foregoing, the Company will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. The Company may also provide refunds at its own discretion and subject to our policies that may be published from time to time.
7.18. Changes. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Service and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.
7.19. We may post clear and conspicuous subscription terms from time to time on our websites and within the Apps.
If you have any questions in relation to the subscription terms, please contact us at playme_support@betterme.world.
8. SHOPPING
8.1. Additional e-commerce terms and conditions available below in Annex A (“Terms of Sale”) apply to sale by the Company of apparel, accessories and other physical goods (“Products”) available through our Service (“PlayMe Store”). These Terms apply to the online sale and delivery of PlayMe Products through PlayMe Store in part, which is not regulated by the Terms of Sale. Please review them prior to making purchases through BetterMe Store. We also aim to provide information about our refund, exchange, re-stocking, taxes, and shipping at or near the point of purchase. If you have questions related to PlayMe Store, please contact our support team.
9. User Representations and Restrictions
9.1. By using the Service, you represent and warrant that:
9.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any current or future use of the Service or any portion thereof.
9.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
9.4. As a user of the Service, you agree not to:
Related to your account usage:
Related to commercial activity:
Related to unauthorized usage or connection to the Service
Related to other breaches:
9.5. Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your limited license.
9.6. The Company is not obligated to monitor access to or use of the Service or to review or edit any content. However, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including if we, at our sole discretion, consider it in violation of these Terms. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Disclaimer of Warranties
The apps, content, materials, Goods and other aspects of the Service are provided "as is" and "as available". They are provided without representation or warranty of any kind, express or implied, including the implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
The Company and its affiliates, licensors and suppliers do not warrant that: (i) the Service, content or other information will be timely, accurate, reliable or correct; (ii) the Service will be secure or available at any particular time or place; (iii) any defects or errors will be corrected; (iv) the Service will be free of viruses or other harmful components; (iv) any result or outcome can be achieved; (v) the quality of any data or service available on the Service will meet your expectations; or (vi) the Service will meet your requirements.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Any material obtained through the use of the Service is accessed at your own discretion and risk, you will be solely responsible for any damage that results from the use of such material.
11. Limitation of Liability
11.1. In no event shall we and our affiliates be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use the Service, even if we have been advised of the possibility of such damages. Access to, and use of, the Service are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
11.2. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the company to you for any and all claims arising from the use of the app, content or service is limited to the amounts you have paid to the company for access to and use of the service. The limitations of damages set forth above are fundamental elements of the basis of the terms between the Company and you.
11.3. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
12. Indemnity
12.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (ii) your violation of these Terms.
12.2. The Company reserves 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 without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Mandatory Binding Arbitration and Class Action Waiver
Read this arbitration provision carefully to understand your rights. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us, in particular:
f. All claims must be resolved through binding arbitration by a neutral arbitrator;
g. You are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
h. You may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
i. The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
A. Applicability of Arbitration Agreement
This arbitration agreement governs any dispute between you and the Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns), except the claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction. Disputes governed by arbitration agreement include:
You also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions. You can do it by sending electronic notice of your decision to opt out to playme@betterme.world within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement, whichever is later. The subject line of such letter shall be “Arbitration and class action waiver opt-out”.
If you opt out of this Arbitration Agreement, the Company also will not be bound by it and any Dispute shall be resolved in accordance with Section 14. If you don’t exercise the right to opt out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.
The relevant arbitrator shall have sole authority to determine applicability, existence, validity and termination of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
This Arbitration Agreement shall apply to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
B. Initial Dispute Resolution
We are always interested in resolving disputes amicably and efficiently. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Company, and good faith negotiations will be a condition to either party initiating an arbitration.
C. Mandatory Arbitration
You agree that, by entering into these terms, you and we agree to have our disputes finally settled by binding arbitration before one arbitrator administered by:
In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
D. Waiver of Class Action and Collective Relief
There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other users of the Service, or any other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. This waiver of class actions and collective relief is an essential part of this arbitration provision and cannot be severed from it.
By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal and you understand that you are waiving your rights to other available resolution processes, such as a court action.
The arbitrator has no authority to award punitive damages.
E. Arbitration Procedures.
- Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and us.
- Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. Therefore, before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us online at playme@betterme.world.
- Administrator. The administrator for the arbitration is the LCIA, a non-profit organization that is not affiliated with us. The arbitrator who will hear and decide your dispute will be appointed by the LCIA in accordance with its rules. Information about the LCIA’s rules and fees can be found at: https://www.lcia.org//Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx.
- Seat of Arbitration. The seat of the arbitration shall be:
- Choice of Law. The governing law applicable to the Arbitration Agreement and the arbitration shall be:
- Language. The language of the arbitration shall be English.
- Commencing an Arbitration. To start an arbitration, you must follow instructions available at:
- Fees. If you are a consumer and you initiate arbitration against us, the only filing fee you will be required to pay is USD 250 and the rest of the filing fees (if any) shall be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith we will cover all other arbitration costs, including case management fees and all professional fees for the arbitrator's services (but not your attorneys’ fees, if any).
If we initiate arbitration against you and you are a consumer, we will pay for all costs associated with the arbitration (but not your attorneys’ fees, if any). The parties shall be responsible for paying their attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
Should either party bring a Dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
- Selection of the Arbitrator. The arbitrator who will hear and decide your dispute will be appointed by the LCIA or JAMS, as applicable, in accordance with their respective rules.
- Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
- Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
- Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
- Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
- Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.
- Waiver of Appeal. The parties agree that the award shall be final and binding upon the parties and waive any right to refer any question of law and any right of appeal on the law and/or the merits to any court.
- Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.
F. Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 14, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual from seeking the remedy of public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
G. Survival
This arbitration provision shall survive termination of this Terms.
14. Governing Law
14.1. These Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).
14.2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts.
14.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.
15. Miscellaneous Provisions
15.1. Any translation from English version is provided for your convenience only. In the event of any difference between the English language version of these Terms and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.
15.2. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach or of any other covenant, condition or agreement hereof contained.
15.3. Subject to Section 12, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
15.4. Except as otherwise expressly provided herein, the Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
15.5. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person by any way. By accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Terms (unless otherwise is expressly indicated).
15.6. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the service.
15.7. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.
16. Contacts
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: playme@betterme.world.
You represent and warrant that you have the legal capacity to agree to these Terms of Sale. If you are under the age of thirteen, or any higher minimum age in your jurisdiction, you represent and warrant that you have obtained parental or guardian consent to enter into these Terms of Sale.
1.2. Acceptance of your order and the completion of the contract between us (“Acceptance”) will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it. Orders cannot be cancelled or changed online once they are accepted.
1.3. The Company offers various payment methods, some of which are managed by third-party payment providers for which additional terms and costs may apply. Please review such additional terms and costs carefully.
1.4. If you wish to make a transaction through the PlayMe Store, you may be asked to supply certain relevant information, such as your payment and delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions in accordance with our Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any transaction.
2. AVAILABILITY OF PRODUCTS
2.1. The Company reserves the right to add or remove products and services from the PlayMe Store at any time for any reason. The Company also reserves the right to change quantities available for purchase at any time, even after you place an order. We may experience shortages of stock of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to contact our support team so that we may help you find a similar product.
2.2. The Company makes no representations or warranties as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any products or services available through the PlayMe Store. You must refer to any specific manufacturer's specifications or warranty documentation (if any) to determine your rights and remedies in this regard. Information under this section and the availability of any product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any product or service.
3. SHIPPING
3.1. Delivery Address. The Products are available only for purchase and use in the United States as of now. Delivery shall be to a valid address within mentioned regions submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any order acknowledgment or Acceptance we provide, and notify us of errors or omissions as soon as possible. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
3.2. Timeframe. We will use our best efforts to have your Products delivered within the timeframe indicated on your purchase confirmation, but you acknowledge that this delivery timeframe is an estimate. The Company cannot be held liable for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. Unless stated otherwise in your order, you acknowledge that on-time delivery is not an essential condition of your order.
3.3. Risk of Loss During the Delivery. The title to the products will pass to you upon delivery of the products to the carrier; however, the risk of loss of, or damage to, the products will pass to you upon delivery of the Products to you.
3.4. Refusal of Delivery. If you refuse or fail to take delivery of Products, any risk of loss or damage to the Products shall still pass to you, and without prejudice to any other rights or remedies we have:
(a) we shall remain entitled to payment in full for the Products delivered;
(b) we may effect delivery by whatever means we consider appropriate or store Products at your risk, and you shall be liable for, and shall pay on our demand, all costs of Products storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
(c) we shall be entitled thirty days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
3.5. Further Damage or Loss. The Company shall not be liable for any damage or losses arising from the use of the Products in connection with other defective, unsuitable or defective equipment, your negligence, improper use or use in any manner inconsistent with our or the manufacturer's specifications or instructions.
4. PRICING
4.1. Prices may not include delivery and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products or services in the PlayMe Store at any time without notice.
4.2. While we try to be as accurate as possible in the descriptions, there may be errors in the information displayed to you. The applicable price in the event of any discrepancy is the price in effect at the time of making the payment. If the price is incorrect, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
5. RETURN AND REFUND POLICY
5.1. You may have the benefit of a manufacturer's, licensor's or supplier's warranty provided by the manufacturer, licensor or supplier to you in connection with your purchased Products. You should refer to the relevant documentation supplied with the Products in this regard. The provisions of this Section apply in addition to such warranty (if any).
5.2. You are entitled to return Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, contact us at playme@betterme.world .
5.3. If you are unsatisfied with your purchase of the Products from the PlayMe Store for any reason, we offer a refund if you meet the conditions set forth below. THIS RETURN RIGHT DOES NOT APPLY TO THE PURCHASE OR RENEWAL OF ANY SERVICES, AS DEFINED IN AND GOVERNED BY OUR TERMS. To qualify for a refund, you must meet all the following conditions:
(a) request a refund within 30 days after receiving the item. To request a refund, you need to contact us at playme@betterme.world indicating the following details: name; order number; reason for refund; and
(b) return the Product, including all parts included in its original state and packaging, no later than 30 calendar days from the date of request. Apparel shall have the original tags attached and shall be unwashed and unworn.
5.4. Delivery and handling charges, wrap fees, and taxes paid (such as state, sales tax, customs or VAT) are not refundable. A restocking fee will be deducted from your total refund amount. If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it.
5.5. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
6. MISCELLANEOUS PROVISIONS
6.1. CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS. THESE RIGHTS ARE NOT AFFECTED BY THE PROVISIONS STATED ABOVE.
6.2. These Terms of Sale are in addition to the Terms and shall not replace them. Except as otherwise stated herein, these Terms of Sale along with the Terms constitute the entire and exclusive understanding and agreement between us regarding any orders you make on the PlayMe Store, and supersede and replace any and all prior oral or written understandings or agreements between us relating thereto.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 13 October 2022
8.1. Additional e-commerce terms and conditions available below in Annex A (“Terms of Sale”) apply to sale by the Company of apparel, accessories and other physical goods (“Products”) available through our Service (“PlayMe Store”). These Terms apply to the online sale and delivery of PlayMe Products through PlayMe Store in part, which is not regulated by the Terms of Sale. Please review them prior to making purchases through BetterMe Store. We also aim to provide information about our refund, exchange, re-stocking, taxes, and shipping at or near the point of purchase. If you have questions related to PlayMe Store, please contact our support team.
9. User Representations and Restrictions
9.1. By using the Service, you represent and warrant that:
- you have the legal capacity and you agree to comply with these Terms;
- you are not under the age of 16;
- you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Service for any illegal or unauthorized purpose;
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
- you are not listed on any U.S. government list of prohibited or restricted parties; and
- your use of the Service will not violate any applicable law or regulation.
9.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any current or future use of the Service or any portion thereof.
9.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
9.4. As a user of the Service, you agree not to:
Related to your account usage:
- make any unauthorized use of the Service;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service including any modification for the purpose of disguising or changing any indications of the ownership or source of the applications;
- transfer your account or any Goods associated with your account to anyone;
- solicit any login credentials from other users of the Service
- remove any watermarks, labels or other legal or proprietary notices included in the Service;
Related to commercial activity:
- use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
- use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
- use the Service for providing in-game services to other users, such as power-leveling and item collection, in exchange for payment outside of the Service;
Related to unauthorized usage or connection to the Service
- use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
- systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
- upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software that may damage the operation of another's computer;
- circumvent, disable, or otherwise interfere with security-related features of the Service;
- attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
- interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
- make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
- engage in unauthorized framing of or linking to the Service;
Related to other breaches:
- use the Service in a manner inconsistent with any applicable laws or regulations; or
- otherwise infringe these Terms.
9.5. Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your limited license.
9.6. The Company is not obligated to monitor access to or use of the Service or to review or edit any content. However, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including if we, at our sole discretion, consider it in violation of these Terms. We have the right to investigate violations of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Disclaimer of Warranties
The apps, content, materials, Goods and other aspects of the Service are provided "as is" and "as available". They are provided without representation or warranty of any kind, express or implied, including the implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
The Company and its affiliates, licensors and suppliers do not warrant that: (i) the Service, content or other information will be timely, accurate, reliable or correct; (ii) the Service will be secure or available at any particular time or place; (iii) any defects or errors will be corrected; (iv) the Service will be free of viruses or other harmful components; (iv) any result or outcome can be achieved; (v) the quality of any data or service available on the Service will meet your expectations; or (vi) the Service will meet your requirements.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Any material obtained through the use of the Service is accessed at your own discretion and risk, you will be solely responsible for any damage that results from the use of such material.
11. Limitation of Liability
11.1. In no event shall we and our affiliates be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use the Service, even if we have been advised of the possibility of such damages. Access to, and use of, the Service are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
11.2. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the company to you for any and all claims arising from the use of the app, content or service is limited to the amounts you have paid to the company for access to and use of the service. The limitations of damages set forth above are fundamental elements of the basis of the terms between the Company and you.
11.3. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
12. Indemnity
12.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (ii) your violation of these Terms.
12.2. The Company reserves 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 without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Mandatory Binding Arbitration and Class Action Waiver
Read this arbitration provision carefully to understand your rights. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us, in particular:
f. All claims must be resolved through binding arbitration by a neutral arbitrator;
g. You are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
h. You may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
i. The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
A. Applicability of Arbitration Agreement
This arbitration agreement governs any dispute between you and the Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns), except the claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction. Disputes governed by arbitration agreement include:
- claims relating to any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before these Terms or any prior agreement;
- and claims that may arise after the termination of these Terms (“Dispute”).
You also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions. You can do it by sending electronic notice of your decision to opt out to playme@betterme.world within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement, whichever is later. The subject line of such letter shall be “Arbitration and class action waiver opt-out”.
If you opt out of this Arbitration Agreement, the Company also will not be bound by it and any Dispute shall be resolved in accordance with Section 14. If you don’t exercise the right to opt out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.
The relevant arbitrator shall have sole authority to determine applicability, existence, validity and termination of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
This Arbitration Agreement shall apply to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
B. Initial Dispute Resolution
We are always interested in resolving disputes amicably and efficiently. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Company, and good faith negotiations will be a condition to either party initiating an arbitration.
C. Mandatory Arbitration
You agree that, by entering into these terms, you and we agree to have our disputes finally settled by binding arbitration before one arbitrator administered by:
- The London Court of International Arbitration (“LCIA”) if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
- Judicial Arbitration and Mediation Services, Inc. (“JAMS”) if you are a U.S. resident. Disputes involving claims and counterclaims under USD 250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
D. Waiver of Class Action and Collective Relief
There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other users of the Service, or any other persons. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. This waiver of class actions and collective relief is an essential part of this arbitration provision and cannot be severed from it.
By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal and you understand that you are waiving your rights to other available resolution processes, such as a court action.
The arbitrator has no authority to award punitive damages.
E. Arbitration Procedures.
- Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and us.
- Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. Therefore, before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us online at playme@betterme.world.
- Administrator. The administrator for the arbitration is the LCIA, a non-profit organization that is not affiliated with us. The arbitrator who will hear and decide your dispute will be appointed by the LCIA in accordance with its rules. Information about the LCIA’s rules and fees can be found at: https://www.lcia.org//Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx.
- Seat of Arbitration. The seat of the arbitration shall be:
- If you are not a U.S. resident, London, United Kingdom.
- If you are a U.S. resident, Delaware, U.S.
- Choice of Law. The governing law applicable to the Arbitration Agreement and the arbitration shall be:
- If you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules.
- If you are a U.S. resident, Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, having regard to claims of privilege recognized at law.
- Language. The language of the arbitration shall be English.
- Commencing an Arbitration. To start an arbitration, you must follow instructions available at:
- Https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or
- Https://www.jamsadr.com/submit/ for JAMS.
- Fees. If you are a consumer and you initiate arbitration against us, the only filing fee you will be required to pay is USD 250 and the rest of the filing fees (if any) shall be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith we will cover all other arbitration costs, including case management fees and all professional fees for the arbitrator's services (but not your attorneys’ fees, if any).
If we initiate arbitration against you and you are a consumer, we will pay for all costs associated with the arbitration (but not your attorneys’ fees, if any). The parties shall be responsible for paying their attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
Should either party bring a Dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
- Selection of the Arbitrator. The arbitrator who will hear and decide your dispute will be appointed by the LCIA or JAMS, as applicable, in accordance with their respective rules.
- Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
- Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
- Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
- Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
- Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.
- Waiver of Appeal. The parties agree that the award shall be final and binding upon the parties and waive any right to refer any question of law and any right of appeal on the law and/or the merits to any court.
- Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.
F. Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 14, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual from seeking the remedy of public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
G. Survival
This arbitration provision shall survive termination of this Terms.
14. Governing Law
14.1. These Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).
14.2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts.
14.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.
15. Miscellaneous Provisions
15.1. Any translation from English version is provided for your convenience only. In the event of any difference between the English language version of these Terms and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.
15.2. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach or of any other covenant, condition or agreement hereof contained.
15.3. Subject to Section 12, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
15.4. Except as otherwise expressly provided herein, the Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
15.5. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person by any way. By accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of Company's rights and obligations under the Terms (unless otherwise is expressly indicated).
15.6. All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the service.
15.7. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control.
16. Contacts
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: playme@betterme.world.
ANNEX A: TERMS OF SALE
These terms of sale (“Terms of Sale”) apply to all orders placed by you through PlayMe websites (the “PlayMe Store”) in connection with the online sale and delivery of PlayMe-branded apparel, accessories and other tangible items (“Products”), but excluding digital products and services, which are expressly addressed in the Terms. By placing any order through the PlayMe Store, you are agreeing to be bound by these Terms of Sale and the Terms.You represent and warrant that you have the legal capacity to agree to these Terms of Sale. If you are under the age of thirteen, or any higher minimum age in your jurisdiction, you represent and warrant that you have obtained parental or guardian consent to enter into these Terms of Sale.
- ORDERING AND CHANGES TO ORDERS
1.2. Acceptance of your order and the completion of the contract between us (“Acceptance”) will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it. Orders cannot be cancelled or changed online once they are accepted.
1.3. The Company offers various payment methods, some of which are managed by third-party payment providers for which additional terms and costs may apply. Please review such additional terms and costs carefully.
1.4. If you wish to make a transaction through the PlayMe Store, you may be asked to supply certain relevant information, such as your payment and delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions in accordance with our Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any transaction.
2. AVAILABILITY OF PRODUCTS
2.1. The Company reserves the right to add or remove products and services from the PlayMe Store at any time for any reason. The Company also reserves the right to change quantities available for purchase at any time, even after you place an order. We may experience shortages of stock of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to contact our support team so that we may help you find a similar product.
2.2. The Company makes no representations or warranties as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any products or services available through the PlayMe Store. You must refer to any specific manufacturer's specifications or warranty documentation (if any) to determine your rights and remedies in this regard. Information under this section and the availability of any product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any product or service.
3. SHIPPING
3.1. Delivery Address. The Products are available only for purchase and use in the United States as of now. Delivery shall be to a valid address within mentioned regions submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any order acknowledgment or Acceptance we provide, and notify us of errors or omissions as soon as possible. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
3.2. Timeframe. We will use our best efforts to have your Products delivered within the timeframe indicated on your purchase confirmation, but you acknowledge that this delivery timeframe is an estimate. The Company cannot be held liable for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. Unless stated otherwise in your order, you acknowledge that on-time delivery is not an essential condition of your order.
3.3. Risk of Loss During the Delivery. The title to the products will pass to you upon delivery of the products to the carrier; however, the risk of loss of, or damage to, the products will pass to you upon delivery of the Products to you.
3.4. Refusal of Delivery. If you refuse or fail to take delivery of Products, any risk of loss or damage to the Products shall still pass to you, and without prejudice to any other rights or remedies we have:
(a) we shall remain entitled to payment in full for the Products delivered;
(b) we may effect delivery by whatever means we consider appropriate or store Products at your risk, and you shall be liable for, and shall pay on our demand, all costs of Products storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
(c) we shall be entitled thirty days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
3.5. Further Damage or Loss. The Company shall not be liable for any damage or losses arising from the use of the Products in connection with other defective, unsuitable or defective equipment, your negligence, improper use or use in any manner inconsistent with our or the manufacturer's specifications or instructions.
4. PRICING
4.1. Prices may not include delivery and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products or services in the PlayMe Store at any time without notice.
4.2. While we try to be as accurate as possible in the descriptions, there may be errors in the information displayed to you. The applicable price in the event of any discrepancy is the price in effect at the time of making the payment. If the price is incorrect, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
5. RETURN AND REFUND POLICY
5.1. You may have the benefit of a manufacturer's, licensor's or supplier's warranty provided by the manufacturer, licensor or supplier to you in connection with your purchased Products. You should refer to the relevant documentation supplied with the Products in this regard. The provisions of this Section apply in addition to such warranty (if any).
5.2. You are entitled to return Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, contact us at playme@betterme.world .
5.3. If you are unsatisfied with your purchase of the Products from the PlayMe Store for any reason, we offer a refund if you meet the conditions set forth below. THIS RETURN RIGHT DOES NOT APPLY TO THE PURCHASE OR RENEWAL OF ANY SERVICES, AS DEFINED IN AND GOVERNED BY OUR TERMS. To qualify for a refund, you must meet all the following conditions:
(a) request a refund within 30 days after receiving the item. To request a refund, you need to contact us at playme@betterme.world indicating the following details: name; order number; reason for refund; and
(b) return the Product, including all parts included in its original state and packaging, no later than 30 calendar days from the date of request. Apparel shall have the original tags attached and shall be unwashed and unworn.
5.4. Delivery and handling charges, wrap fees, and taxes paid (such as state, sales tax, customs or VAT) are not refundable. A restocking fee will be deducted from your total refund amount. If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it.
5.5. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.
6. MISCELLANEOUS PROVISIONS
6.1. CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS. THESE RIGHTS ARE NOT AFFECTED BY THE PROVISIONS STATED ABOVE.
6.2. These Terms of Sale are in addition to the Terms and shall not replace them. Except as otherwise stated herein, these Terms of Sale along with the Terms constitute the entire and exclusive understanding and agreement between us regarding any orders you make on the PlayMe Store, and supersede and replace any and all prior oral or written understandings or agreements between us relating thereto.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 13 October 2022
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