TERMS AND CONDITIONS OF USE
This service may include
subscriptions that automatically renew. Please read these terms and conditions
of use carefully (in particular, section 6 “SUBSCRIPTION FEES AND PAYMENT”)
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. 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.
1. ACCEPTANCE OF TERMS
1.1. These Terms and
Conditions of Use (the “Terms”) are an agreement between You as a user of the
our games (the "App"), websites and Imponilox Limited, a company
registered in the Republic of Cyprus with registered office at Florinis 7, Greg
Tower, 2nd Floor, 1065, Nicosia, Cyprus ("we" "us"
"our" or the "Company")
1.2. These Terms
govern your access to and use of the App, websites and the associated services
offered by Us, as applicable (together with the App, the “Service”,
“Services”).
1.3. Please review also
our Privacy
Policy. The terms of the Privacy Policy and other supplemental terms,
policies or documents that may be posted on the Service from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms at any time
and for any reason.
1.4. Unless otherwise
expressly provided herein, we will alert you about any changes by updating the
"Last updated" date of these Terms and you waive any right to receive
specific notice of each such change.
2.
IMPORTANT DISCLAIMERS
2.1. THESE TERMS
CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 8), LIMITATION OF LIABILITY (SECTION
9), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A
COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS
ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE
AS PROVIDED FOR IN SECTION 12, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND
ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 12.
2.2. 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.
3.
TRANSLATIONS
Any translation from
English version is provided for your convenience only. In the event of any
difference in meaning or interpretation between the English language version of
these Terms available at https://playme.pro/info/general_terms_of_use_eng.html
, and any translation, the English language version will prevail. The original
English text shall be the sole legally binding version
4. SERVICE
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 (including the App and the Content and 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. 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. Notwithstanding the foregoing, you agree that the Company
may retain copies of all registration information and the User Content and use
such information and the User Content as reasonably necessary for or incidental
to its operation of the Service and as described in these Terms and the Privacy
Policy.
4.4. You grant the
Company the non-exclusive, worldwide, transferable, perpetual, irrevocable
right to publish, distribute, publicly display and perform the User Content in
connection with the Service.
4.5. 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.
4.6. You agree, and
represent and warrant, that your use of the Service, or any portion thereof,
will be consistent with the foregoing license, 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.
4.7. 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).
4.8. 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.
4.9. 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.
4.10. 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.
4.11. 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.
5.
APP STORES, THIRD PARTY ADS, OTHER USERS
5.1. 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").
5.2. You agree to pay
all fees charged by the App Stores in connection with the App. You agree to
comply with, and your license to use the App is conditioned upon your
compliance with, all applicable agreements, terms of use/service, and other
policies of the App Stores. You acknowledge that the App Stores (and their
subsidiaries) are a third party beneficiary of these Terms and will have the
right to enforce these Terms.
5.3. 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 any
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.
5.4. Each user of the
Service is solely responsible for any and all his or her User Content. Because
we do not control the User Content, you acknowledge and agree that we are not
responsible for any User Content and we make no guarantees regarding the
accuracy, currency, suitability, or quality of any User Content, and we assume
no responsibility for any User Content. 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.
5.5. You hereby
release us, our officers, employees, agents and successors from claims, demands
any and 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 or arises from any interactions with or conduct of any
App Store, any other Service users, or any Third Party Ads.
6.
SUBSCRIPTION FEES AND PAYMENT
6.1. 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.
6.2. 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.
6.3. With In-App Purchase
made through the Service, you receive an access to certain extra in-app
content, including special features designed to enhance the performance and
user experience of the Service (“Goods”).
6.4. 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.
6.5. 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.
6.6. 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.
6.7. 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.
6.8. 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).
6.9. 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. PURCHASES ARE
SUBJECT, IN PARTICULAR, TO APPLE APP STORE REFUND POLICIES. THIS MEANS WE
CANNOT GRANT REFUNDS FOR PURCHASES MADE VIA APPLE APP STORE. YOU WILL HAVE TO
CONTACT THE APPLE STORE SUPPORT.
6.10. We may post clear and conspicuous
subscription terms from time to time on our websites and on the Service.
6.11. 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.
6.12. As hereinafter
provided, Goods are provided "as is" without any warranty. Every
purchase, sale, and trade of Goods shall be final and non-refundable, unless
otherwise determined by us at our discretion.
6.13. You agree that
purchased Goods have no monetary value and do not constitute actual currency or
property of any type. The Goods may never be sold, transferred, traded or
exchanged through any legally acceptable payment method, goods or other items
of monetary value from us or anyone else.
6.14. 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.
6.15. 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.
6.16. Once you
acquire Goods, you may not trade or transfer the Goods or your account to
another user, unless such functionality is provided to you by us by way of a
feature or Service.
6.17. 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.
6.18. 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:
6.11.1. your account is inactive
(i.e., not used or logged into) for one year;
6.11.2. you fail to comply with
the Terms (Terms of Service, Privacy Policy);
6.11.3. we suspect fraud or
misuse by you of the Goods and the Service;
6.11.4. we suspect any other
unlawful activity associated with your account;
6.11.5. we are acting to protect
the Service, any of our users, or our reputation.
6.19. You will not
receive money or other compensation for unused Goods when your account is
closed whether such closure was voluntary or involuntary.
6.20. 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.
7.
USER REPRESENTATIONS AND RESTRICTIONS
7.1. By using the
Service, you represent and warrant that:
7.1.1. you have the
legal capacity and you agree to comply with these Terms;
7.1.2. you are not
under the age of 16;
7.1.3. you will not
access the Service through automated or non-human means, whether through a bot,
script or otherwise;
7.1.4. you will not
use the Service for any illegal or unauthorized purpose;
7.1.5. 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;
7.1.6. you are not
listed on any U.S. government list of prohibited or restricted parties; and
7.1.7. your use of
the Service will not violate any applicable law or regulation.
7.2. If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have
the right to refuse any and all current or future use of the Service (or any
portion thereof).
7.3. 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.
7.4. As a user of the
Service, you agree not to:
7.4.1. 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;
7.4.2. make any
unauthorized use of the Service;
7.4.3. make any
modification, adaptation, improvement, enhancement, translation, or derivative
work from the Service;
7.4.4. use the
Service for any revenue generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended;
7.4.5. make the
Service available over a network or other environment permitting access or use
by multiple devices or users at the same time;
7.4.6. 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;
7.4.7. 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;
7.4.8. circumvent,
disable, or otherwise interfere with security-related features of the Service;
7.4.9. engage in
unauthorized framing of or linking to the Service;
7.4.10. interfere
with, disrupt, or create an undue burden on the Service or the networks or services
connected to the Service;
7.4.11. decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Service;
7.4.12. attempt to
bypass any measures of the Service designed to prevent or restrict access to
the Service, or any portion of the Service;
7.4.13. upload or
distribute in any way files that contain viruses, worms, trojans, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer;
7.4.14. 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;
7.4.15. use the
Service to send automated queries to any website or to send any unsolicited
commercial e-mail;
7.4.16. disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Service;
7.4.17. use the
Service in a manner inconsistent with any applicable laws or regulations; or
7.4.18. otherwise
infringe these Terms.
8.
DISCLAIMER OF WARRANTIES
THE APP, CONTENT AND
OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS
AVAILABLE". THE APP, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, 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; OR (IV) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
9.
LIMITATION OF LIABILITY
9.1. 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 (INCLUDING THE APP OR CONTENT), OR THIRD PARTY ADS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE
SERVICE (INCLUDING THE APP, CONTENT AND USER CONTENT), AND THIRD PARTY ADS 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.
9.2. 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.
9.3. 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.
10.
INDEMNITY
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. 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.
11. INTERNATIONAL USE
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.
12.
MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please read this
arbitration provision carefully to understand your rights.
(a) All claims
must be resolved through binding arbitration by a neutral arbitrator;
(b) 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;
(c) 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;
(d) The
arbitrator may not consolidate proceedings or claims or otherwise preside over
any form of a representative or class proceeding.
a. Mandatory
Arbitration
This Arbitration
Agreement provides that all disputes must be resolved through BINDING
ARBITRATION whenever you or we choose to submit or refer a dispute to
arbitration. You and BetterMe, and each of our respective agents, corporate
parents, subsidiaries, affiliates, predecessors in interest, successors, and
assigns, agree to BINDING ARBITRATION (except for matters that may be taken to
small claims court), as the exclusive form of dispute resolution except as
provided for below, for all disputes and claims arising out of or relating to
this Agreement (including the Privacy Policy) or the Service, unless you are
located in a jurisdiction that prohibits the exclusive use of arbitration for
dispute resolution. YOU AGREE THAT, BY ENTERING INTO THIS Agreement, you and we
are each waiving the right to a trial by jury or to participate in a class
action.
b. 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 Services, 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.
c. Arbitration
Procedures.
Any disputes
arising out of or in connection with this Agreement, including any questions
regarding its existence, validity, or termination, shall be referred to and
finally resolved by BINDING ARBITRATION under the London Court of International
Arbitration (“LCIA”) Rules in force when the Notice of Arbitration is
submitted, which Rules are deemed to be incorporated by reference into this
clause.
- 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 London, United Kingdom.
- Choice of
Law. The governing law applicable to the Arbitration Agreement and the
arbitration shall be the laws of England and Wales (also known as English Law),
without regard to English Law’s conflict of laws rules. This Agreement, its
conclusions and interpretations, as well as all claims, including any
non-Agreement obligations, arising out of or in connection with this Agreement
or its conclusion, shall be subject to the laws of England and Wales.
- Language.
The language of the arbitration shall be English.
- Applicable
Rules. The arbitration will be governed by the LCIA’s Arbitration Rules
(“LCIA Rules”), as modified by these Arbitration Procedures. If there is any
inconsistency between the LCIA’s Rules and these Arbitration Procedures, the
Arbitration Procedures will control. However, if the arbitrator determines that
strict application of the Arbitration Procedures would not result in a
fundamentally fair arbitration, the arbitrator may make any order necessary to
provide a fundamentally fair arbitration that is consistent with the LCIA
Rules.
- Commencing
an Arbitration. To commence an arbitration against us, you must complete a
written request for arbitration, submit it to the LCIA, and send a copy to us
at playme@betterme.world. Alternatively,
the notice may be addressed to Imponilox Limited, Florinis 7, Greg Tower, 2nd Floor, 1065, Nicosia,
Cyprus. To learn more about commencing an
arbitration and to obtain a form to institute arbitration, see the LCIA’s
online filing page, https://onlinefiling.lcia.org/. You may
represent yourself in the arbitration or have a lawyer (or some other
representative) act on your behalf. Upon receipt of an arbitration claim, we
may assert any counterclaims it may have against the complaining party.
- Fees.
You are responsible for paying your portion of the fees set forth in the LCIA’s
Schedule of LCIA Arbitration Costs and as determined by the Arbitral Tribunal
under LCIA Rules. We will pay all remaining fees. If your claim against us is
for less than USD1,000, we will pay all fees. You may hire an attorney to
represent you in arbitration. You are responsible for your attorneys’ fees and
additional costs. Notwithstanding anything in this Arbitration Provision to the
contrary, we will pay all fees and costs that we are required by law to pay.
- Selection
of the Arbitrator. The arbitrator who will hear and decide your dispute
will be appointed by the LCIA in accordance with its rules.
- 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 waive any right to refer any question of law and any
right of appeal on the law and/or the merits to any court.
- Survivability.
This arbitration provision shall survive termination of this Agreement.
13.
GOVERNING LAW
13.1. These Terms shall
be governed in accordance with the laws of England and Wales (excluding its
body of law governing conflicts of law).
13.2. 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 Agreement and that accordingly
proceedings must be brought in such courts.
13.3. 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.
14.
MISCELLANEOUS PROVISIONS
14.1. 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 thereof or of any other
covenant, condition or agreement hereof contained.
14.2. 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.
14.3. Except as
otherwise expressly provided herein, these 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.
14.4. The Company may
transfer or assign any and all of its rights and obligations under these Terms
to any other person, by any way, including by novation, and 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 Agreement (unless
otherwise is expressly indicated).
14.5. 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.
14.6. 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.
15.
CONTACT
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.
I HAVE READ THESE
TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: 01.09.2021