Playbux Terms and Conditions(Last updated: Aug 09, 2023)
Effective on [*] (latest version)
These Terms and Conditions are elaborate agreements as they are made and shall be legally binding between Mankind Media (“Company”) and you, as a User. You agree to comply with these Terms and Conditions throughout the course of using the Company's Platform. The User has well considered the Terms and agreed to be bound upon rights, duties, and liabilities which details are as follows.
Unless otherwise explicitly defined herein, the following terms have definitions as follows.
means websites and/or any services that are provided by the Company and/or related services developed or customized by the Company
mean Playbux, Playbux.co
Joint Service Providers
mean companies, application, platforms, or websites linked to the Company's systems in providing services to Users
means ones who use the Company's services
Terms and Conditions
mean terms and conditions in using the Company's Services, including but not limited to website of which services are provided and shall be applied to the parts that have been altered, modified, updated, or supplemented by the Company, unless such Company's Services that have been altered, modified, updated, or supplemented is specifically determined to be under terms and conditions that are different from these Terms.
2. General Terms
The User acknowledges and agrees that these Terms and Conditions are made to apply to the use of the Company's Services, including use of goods and services, access and use of content, features, technologies, or functions in the Company's Services as well as the Platform and services relevant to the provision of the Company's Services and other services linked to the Platform, either currently existing or being developed or made available by the Company in the future. The User is required by the Company to read and understand details of these Terms and Conditions carefully before pressing the ‘Agree’ button to accept these Terms and Conditions.
3. Qualifications of the User
To use the Services, the User must at least 21 years old, have complete awareness, must not be insane nor ordered by the court to be quasi-incompetent or incompetent person. The User must also have a legal right and capability to agree on these Terms on his/her own behalf. The User represents and warrants that he/she has complete eligibilities as designated by the Company. In case the Company finds that the User is ineligible, the Company reserves rights to reject, dismiss, restrain, and suspend the user account without prior notice. The User agrees that the judgement of the Company shall be deemed final.
4. User registration
4.1 User may use digital asset wallet including Walletconnect, Metamask, Safepal, and Coinbase (or other digital asset wallet which the Company might be added in the future) to access the Company's Services.
4.2 User agrees and undertakes that it is under a sole discretion of the Company to approve a user account and/or the Company may reject an access of user account or limit the use of services of the User at all time during the course of using the account. In case it is inspected and found that the User may engage in committing an illegal offense, or that the User has a prohibited transaction as prescribed by the Company, the Company reserves rights to suspend or reject the provision of services without giving an explanation and prior notice.
5. User Account Management
5.1 After the user account is approved by the Company, the User can access the Platform by using user ID and password. The User agrees to be responsible for keeping all information used for the Platform, user ID, password, and PIN (if any) in confidence and preventing them from being used by others throughout the course of using the Company's Services. Any access, Transaction, activity made due to a Login with user ID and password of the User in this Platform shall be deemed a valid and completed action that is done by the User him/herself. If there is any damage occurred for any reason, the User must be responsible for such action as a whole by him/herself and shall not argue or claim against the Company to be responsible for damages in lieu of the User in all cases.
5.2 The User agrees to use the user account and the Company's Services by and for his/herself only and not to allow others to use them temporarily or permanently or use the services together with others. The User represents that he/she does not create the user account or use the Company's Services for a purpose that is illegal or in breach of applicable laws in the country of the User. The User agrees to be solely responsible for complying with such laws.
5.3 In case the User reasonably suspects that his/her account, information, or personal information has been violated and/or there is an infringement to the security measures of the Company, the User agrees to notify the Company immediately via channels designated by the Company.
5.4 The User acknowledges and agrees that he/she is able to change, suspend, or cancel his/her user ID, password, or PIN, and/or use of the Platform at all time by him/herself through channels according to conditions and methods stipulated by the Company. The Company shall not be responsible for any damage occurred before the process of changing, suspending, or cancelling is completely effective.
6. Using the Platform
Throughout the course of using the Company's Services and the Platform, the User acknowledges and agrees to comply with the following provisions.
6.1 The User acknowledges and agrees to comply with applicable laws, rules, and regulations, including those are currently effective and those will be amended or added in the future, as well as these Terms and Conditions and the Company's service provision policy, both that is generally and specifically prescribed in any part of the Platform and that is prescribed in all websites hosted by our systems (if any), hereinafter collectively referred to and deemed as a part of the “Terms and Conditions”.
6.2 The User undertakes and agrees that to use the Company's Services and the Platform requires internet network, devices, software, platforms, and/or other relevant services from service providers of such businesses. The User has to make them available for being able to install, access, and use the Company's Services and the Platform in making transactions with the Company with his/her own expenses entirely. Using the services of internet network or mobile network providers, the User is obliged to comply with the terms of those providers. For these reasons, accessing and using the Company's Services and the Platform may have other factors that are beyond controls of the Company and may cause impacts on quality and availability of the Platform and/or the Company's Services; therefore, the Company cannot guarantee the quality of use.
7. Disabling User Account
7.1 The User can dismiss or disable a user account of the Company at all time by submitting an order of disabling or dismissing the user account through the Platform.
7.2 The User acknowledges and agrees to let the Company disable the user account of the User without giving a prior notice to the User when the Company found the user violated the prohibited transaction. However, the Company will not suspend the User to transfer him/herself digital assets or Non fungible tokens (NFTs) from the Platform.
7.3 Disabling a user account in compliance with these Terms and Conditions does not make the User free from any liability to the Company.
8. Prohibited Transactions
Throughout the course of using the Company's Services the User acknowledge and agree not to make the following Prohibited Transactions:
8.1 Performing any act that is contrary to laws, rules, or legitimate regulations issued or promulgated by a government agency with authority, including but not limited to criminal law, intellectual property law, computer-related offenses law, anti-money laundering law, etc., as well as using the Company's Services as a tool or to carry out any other activities that are contrary to the laws both directly and indirectly;
8.2 Interfering with access, use of services; violating legal rights of other users; using or intending to use a user account of others without obtaining permissions;
8.3 Intervening, restraining, withholding, retarding, disturbing, diminishing, destroying, damaging, trapping, keeping, collecting, rectifying, or altering information or any content of the Company that appears on the Company's website or any other acts to cause the Company's systems to be unable to work as normal or meet its anticipations; developing a third-party program that is compatible with the Company's Platform without obtaining a prior written consent from the Company;
8.4 Reverse engineering or decoding a software that is being used on the Company's Platform;
8.5 Creating rumors, or performing any act that is harmful to credibility of the Company, or giving false information to create misleading or cause nuisance to other users;
8.6 Performing any other acts which is determined by the Company a Prohibited Transaction or considered and viewed by the Company a Transaction that is prohibited or should not be made (Hereinafter referred to as “Prohibited Transaction”).
8.7 In the event that it is found that a user has engaged in fraudulent activities, cheating, hacking, unauthorized computer program intrusion, or the use of any other means to obtain illicit benefits, the company has the right to immediately terminate and withdraw the use of that account from all platforms. This includes the ability to withdraw the user's rights to BUSD, USD, NFTs, Cashback credit, or any other benefits that the user may have received as a result of such behavior. The user is not entitled to claim or sue the company for any damages.
9. Commitment of Prohibited Transaction and Violating Laws, Rules, Regulations, Legitimate Orders, or These Terms
In event the Company reasonably suspects that the User has involved in committing a Prohibited Transaction or violating laws, rules, regulations, legitimate orders, or these Terms and Conditions of Use, the User agrees and consents the Company, its affiliates or employees, to monitor, review, disclose information, and report to relevant regulatory agencies and in-charge authorities according to legal proceedings. Also, it is under sole discretion of the Company to terminate, detain, suspend, restrain, disable the user account and/or block the use of account without giving a prior notice. However, doing so is not a deprive of the Company's rights in obtaining remedies according to these Terms and Conditions and other relevant rights according to the laws.
10. Limitation of Liabilities
10.1 The Company has created the Platform for providing services between the Company and the User only. The Company does not provide services on digital asset trading, securities, or derivatives, as well as services in giving advices or consultation on such matters. Content and information appeared on the Platform and the Company's Services are made available for disseminating, giving information, and being a tool to facilitate access of services of Joint Service Providers only. The Company does neither guide nor give opinions or advices on buying, selling, exchanging, switching an investment or any transaction regarding the service provisions of the Joint Service Providers appeared on this Application. In addition, service provision of any form by the Company does not create a bond in a manner of being a representative of the User and shall not be deemed involved in any Transaction between the User and those who provide services to the User, either directly or as a result of the access to use this Application and/or the Company's Services. In making a decision, the User should learn more about details of service provisions, payment for services and products of Joint Service Providers, terms and conditions of use, as well as rules and regulations regarding the use of the Company's Services.
10.2 The content and information shown or appeared on the Platform and/or the Company's Services are displayed as is the content and information received from Joint Service Providers. The Company cannot give any guarantee or warranty, either directly or indirectly, including guarantees on completeness, accuracy, appropriateness, recency, and reliability of the content and information, or guarantees on results from use of the content and access to the Company's Services, as well as suitability of use. Also, the Company shall not be responsible for any loss or damage arisen from using the Platform and/or taking content and information appeared in the Company's Services to use in all cases.
10.3 The User agree that the Company shall not be liable for any other losses or damages incurred in the following cases: Losses or damages arisen from misunderstanding about the Company's Services;
Losses or damages arisen from negligence to the Company's declarations or notifications;
Losses or damages arisen from being violated with use of account by other third parties or any other damages that are not due to the Company;
Losses or damages arisen from deception by third parties
Losses or damages arisen from external factors which cannot be controlled by the Company, such as failures of electric power system, disasters, or orders of regulatory or government agencies.
Losses or damages arisen from the value of digital assets or NFTs
10.4 The Company reserves rights to consider not to allow the User to use the Platform or the Company's Services and reserves rights to change or suspend the access to the Company's Services, either in whole or in part and anytime, to the User without giving a prior notice or specifying the reason of such execution, as well as any execution on the user account and Transaction of the User for complying with the laws, rules, regulations, and/or legitimate orders. The User agrees and shall not claim for damages, compensations, or any other costs from the Company, its affiliates, and its employees for such actions taken by the Company.
10.5 The User acknowledges and undertakes that it is a sole right of the Company to consider to improve the Platform or the Company's Services, which might cause the Company to suspend the service provision temporarily or might cause delays or errors due to such improvement. In case the Company has to suspend the service provision temporarily regarding the maintenance of the Platform, or in case the Company cannot provide services to the User. The User agrees to accept such potential risks and agrees not to claim for damages, compensations, or any other expenses from the Company.
10.6 The User understands and accept potential risks in event the device or software system used in submitting with the Company causes delay or is unable to receive such orders, either in whole or in part, or causes discrepancy of information due to density, interference, or limitation in use of the Platform, as well as interruption of normal capability due to force majeures, disasters, or illegal acts of undesirable third parties. If such cases occur, the User agrees and undertakes that the Company shall not be liable for any loss or damage incurred from such event.
10.7 The Company shall execute appropriately to facilitate continual and uninterrupted access and use of this Platform and provide protective systems for access of any information by any person who is not the User. However, the User acknowledges and undertakes that the Company cannot represent that access to the Company's Services will go on without any delay and error and cannot guarantee that the Company's Services are free from programs, files, or software that have malicious intents or may cause damages to the system or the User's information in the system, such as Virus, Computer Worm, Trojan Horse, Spyware, and other harmful files (collectively referred to as “Defects”), no matter such Defects are occurred by people, technical failures, or other force majeures. Therefore, the User acknowledges such conditions and agrees that in case any Defect occurs the Company shall not be responsible for any loss, damage, compensation, cost, and expense arise from or as a result of those Defects in all cases.
10.8 The Company cannot represent that all ads on this Platform and/or the Company's Services (if any) are valid, complete, and without any fault. The Company is just a medium in transmitting advertising information, neither be a representative or partner of or has any legal relation with the owners of the ads appeared on the Platform or the Company's Services, as well as cannot verify or know the source and/or details of all ads appeared. If the presentation of such ads causes losses or damages to the User, the Company cannot be responsible for losses or damages incurred to the User due to his/her trust or willingness to follow such ads and disclaims legal liabilities and obligations in all cases.
10.9 In addition to those specified herein, the Company and its directors, managers, executives, officers, employees, agents, and consultants shall not be liable for any fault or Defect from the Company's Services or the information and content appeared on the Company's Services and shall not be liable for effects or omissions of any act relating to the Company's Services, either due to contract, infringement, negligence, or other potential causes, although the Company has been informed that such damages might be occurred, except for the case that such damages are occurred by intention or severe negligence of the Company.
11. Content, Information, Gist, and Intellectual Properties
11.1 All information disclosed on the Company's Platform is made available in support for providing services to the User. The Company may change the content and information on the Platform without giving a prior notice. The information or content disclosed on the Platform is not provided by the Company in a manner that certifies, confirms, or persuades the User to make a decision on making any Transaction. All Transactions are made under discretion of the User solely.
11.2 The User acknowledges and agrees that the Company has rights to delete gist, discussion topics, messages or suspend the rights of use on the User's forums (if any), either in whole or in part, as considered appropriate by the Company without giving notices or clarifying reasons to the User in any circumstances.
11.3 This Platform may be linked to functions, features, or other platforms or websites, including products and services of other third parties (“Linked Websites”). This linking is made available for facilitating the User only. These Linked Websites do not show that they are sponsored by or be under control or responsibility of the Company, therefore the Company cannot guarantee validity, credibility, or security of the Linked Websites and shall not be liable for any loss or damage incurred by the User from using such Linked Websites. The User is required to learn more about terms and conditions of use of such Linked Websites.
11.4 The User undertakes that by using the Platform the Company does not grant its intellectual property rights to the User. Rights and benefits on the content, symbols, the Company's Services, presented information, designs, illustrations, photo displays, as well as copyrights, trademarks, registered marks, patents, software, and other intellectual properties relating to the Platform and the Company's Services are properties of the Company and/or other licensers (“Intellectual Properties”). The User agrees and represents that he/she shall not copy, modify, distribute, broadcast, disseminate, rent out, share, lend, create works by imitation, or take advantages from the Intellectual Properties of the Company, either in whole or in part, without obtaining a written consent from the Company.
11.5 All information appeared on the Company's Services, including but not limited to texts, videos, data tables, charts, trademarks, graphics, audio, design of application display, and design of user interface in any form, any software program available on this Platform, as well as all information downloaded by the User from this Platform (if any) (hereinafter referred to as “Content”) are deemed as rights of the Company and licensers granting rights to the Company (as the case may be). These Content are protected on intellectual property rights and other rights of ownership according to the law of the Thailand and/or the law of other countries, no matter what form it is and no matter it has been registered or not. Taking the trade names, trademarks, service marks, and other marks of the Company, as well as any intellectual property appeared on this Platform to use for any purpose, the User must obtain a prior written consent from the Company.
11.6 All trade names, product names, trademarks, service marks, and other marks, as well as other intellectual properties appeared on this Platform, in addition to things that are intellectual properties of the Company, that have been arranged or made available for being used as components of the Company's Services are made available for a purpose of decorating the image of the use of services. The Company, as the service provider of the Platform, does not intend to perform any act that violate commercial rights or intellectual property rights of any person.
11.7 Unless otherwise specified in the Company's Services, for all content, files, or documents appeared on this Platform and/or other relevant Company's Services, the User is entitled to view, download, upload, and print such content only for benefits of personal use, not using for commercial benefits. Also, the User agrees not to copy or store or download the Content, either in document format or any electronic format, for a purpose of sending, transferring, conducting, publishing, printing, duplicating, modifying, creating a developed work, exhibiting, spreading, distributing, licensing, renting, renting out, or transferring any Content to other third parties, no matter such acts are performed for commercial interests or to gain any other benefits in return or not, unless receiving a prior written consent from the Company.
12. Assignment and Waiver
12.1 The User acknowledges and agrees that he/she cannot transfer his/her rights or obligations arisen from these Terms and Conditions to others and agrees to waive all rights of claim, prosecution, or other acts against the Company on any damage incurred by the User due to force majeures or events that are beyond controls of the Company.
12.2 The User agrees and consents the Company to assign or transfer rights and duties of the Company according to these Terms and Conditions to other individual and/or legal entities, such as transfer of rights to the Company's affiliates, stakeholders, or other third-party service providers who have entered into contracts with the Company, without conditions and limitations by not obtaining a consent from or giving a notice to the User in advance.
12.3 The User acknowledges and agrees that the fact the Company does not exercise, or delays to exercise, its rights, powers, or remedies arisen from these Terms and Conditions shall not be deemed a waiver of such rights, powers, and remedies. Any waiver of the Company under these Terms shall be effective in case it explicitly specifies in writing and has notified to the User.
13. Complaints and Dispute Resolution
13.1 The Company provides complaining channels through Playbux.co. The Company reserves rights to process resolving complaints particularly in cases where the User has complied the process and channels specified by the Company only. The complaint resolution will be carried out at working time of the Company and takes a duration according to complexity and details of the complaints.
13.2 These Terms and Conditions are governed by and construed in accordance with the laws of Thailand, and the courts of jurisdiction in Thailand shall have an authority to consider any potential dispute. The User agrees not to disclose information regarding the disputes to any third parties, public media, social media. If the User discloses any information that may cause damages to the Company, the Users agrees to be liable for such damages with unlimited amount.
13.3 In case of disputes arisen from the User making a Prohibited Transaction or a Transaction that infringes the laws, rules, regulations, legitimate orders, or these Terms, the User agrees and undertakes to be responsible for expenses, damages, or any other costs arisen from the execution on dispute resolution and/or compliance with legal procedures of the Company, including liabilities for legal costs, losses, or any other damages to other third parties. In case the Company has to pay fines, damages, or any other compensations to government agencies and/or other third parties affected by the mentioned acts of the User, the User agrees to be liable and indemnify for damages, expenses, fines, and/or any other compensations to the Company.
14. Fee and Payment
The User has sole duties to carry out reports and pay his/her taxes according to the laws as a result of making Transaction or using the Company's Services. The User may collect information and Transaction history from the user account. The User agrees not to claim for damages, compensations, or any other expenses from the Company arisen from the duty in paying taxes of the User.
15. Refund Policy
Credit card payment, Once a charge has been successfully processed, no refunds shall be issued.
The User agrees that any notice or notification given to the User according to these Terms and Conditions, if not specifically prescribed, the Company has rights to notify by telephone, in writing, through the Application, or any other methods as considered appropriate by the Company, such as by post, telegraph, teletype, facsimile, electronic mail, telephone message, etc. If the Company has executed as such, the User agrees such notices to be deemed lawful.
17. Effects of the Terms
These Terms and Conditions of Use shall be effective when the User accepts these terms and conditions during the registration process in opening a user account of the Application. Validity of these Terms shall not be affected in case any clause, condition, or provision of these Terms becomes void or legally unenforceable. The User and the Company agree the remaining parts of the Terms to be still effective.
18. Changes to the Terms
The User acknowledges and agree that all of these Terms and Conditions are subject to change in order to be consistent with the guidelines in providing services of the Company and rules of laws that would be changed. The Company reserves rights, under its sole discretion, to revise, alter, or amend the provisions or conditions of these Terms and Conditions without giving a prior notice to the User. However, the Company shall generally notify the User in case of changes to the Platform. The User has rights to refuse and terminate the use of the Company's Services. The User acknowledges and undertakes that it is a responsibility of the User to follow up the Terms and Conditions of Use that have been changed.
However, the Company's Services and reserves rights to change or suspend the access to the Company's Services, either in whole or in part and anytime, to the User without giving a prior notice or specifying the reason of such execution. When the User accesses this Platform and/or the Company's Services after such changes have been made, it shall be deemed that the User accepts all Terms and Conditions of Use that have been changed. If the User disagrees with the execution as per the previous paragraph as well as details in these Terms and Conditions of Use, the User can terminate the use and disable the user account according to the process specified in Clause 7.
The User has read and understood these Terms and Conditions of Use of the Company and agrees to strictly comply with all regulations, terms, and conditions specified herein.
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