Terms of Use (effective as of 01-01-2022)
Along with the Privacy Policy, the Terms of Use governs your visit to pivotplay.co (the “Website”) including the use of any content, functionality, products, and services offered on or through the Website, whether as a guest, registered user, or anyone who wishes to access our Website.
Please read the Terms of Use as well as the Privacy Policy before you start navigating the Website. When navigating and using pivotplay.co, you agree to the collection and use of information in accordance with this policy.
Contents and Use of Contents
Contents and associated resources and/or materials found on or through this Website are the property of PivotPlay Enterprise (the “Company”) or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You may not distribute, modify, transmit, reuse, download (unless stated otherwise), repost, copy, sell, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company. You may not use the Website or any of the said resources from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
The Company grants you a limited, personal, non-exclusive, non-transferable licence to use our resources provided in exchange for an email address for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the resources and contents provided by PivotPlay in any manner. No unlawful or prohibited uses of the Content is allowed.
By downloading the resources (i.e. Play Ideas) from our blog, you agree that the materials you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company. You also further agree that you shall not create any derivative work based upon the play ideas and/or other resources and materials shared on the Website, and you shall not offer any competing products or services based upon any information contained in our Website.
The information contained on this Website and the resources shared through this Website are for educational and informational purposes only. They are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use personal discretion and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
You also agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Intellectual Properties
All contents on this Website (excluding Content provided by users), features and functionality are and will remain the exclusive property of PivotPlay Enterprise and its licensors. All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Our trademarks may not be used in connection with any product or service without the prior written consent of PivotPlay Enterprise.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are creations of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.
Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by email, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Similarly to the agreement governing your use on this Website, any such email or other electronic communication does not create a business relationship or any contractual relationship between you and the Company. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
Purchases and Promotions
If you wish to purchase any product or service made available through this Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, other relevant online banking details, billing address, shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to update the pricing for all products and/or services offered, refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through this Website or any other of the Company’s official communications platforms may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.
Refund and Return
All sales are final, and goods purchased are non-refundable. We also do not offer any money-back guarantees. Please refer to our refund and return policy for more information.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our Website, products, and/or service(s) provided.
Disclaimer of Warranty
The Company makes no warranties regarding the performance or operation of this Website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Website. To the fullest extent permissible under the law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation on Liability
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
Force Majeure
Any possible delay in or non-performance of any duties or obligations under these Terms of Use will not be considered a breach of the terms if such delay or non-performance is caused by labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the Company’s control.
Changes to the Terms of Use
The Company may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. The most current version of the Terms will supersede all previous versions. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Waiver, Severability, and Indemnification
No waiver by the Company of any term or condition set forth in this Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under this Terms of Use shall not constitute a waiver of such right or provision.
If any provision of our Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
You also agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Acknowledgement
By using service or other services provided by us, you acknowledge that you have read these Terms of Use and agree to be bound by them.
Contact Us
If you have any questions about this Terms of Use, please contact us by email: enquiry@pivotplay.co