Terms & Conditions
PlayLokal TERMS AND CONDITIONS OF USE
Welcome to PlayLokal’s (“App”) Terms and Conditions of Use (“Agreement”). This Agreement is between you as a Player and Henyo Pty. Ltd. (hereinafter referred to as “We”, “Us” or “the Corporation”). We suggest that you read this Agreement in conjunction with the PlayLokal’s Privacy Policy.
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Acceptance Of Terms Of Use
1.1 By creating a Player account with PlayLokal, you agree to be bound by the terms of this Agreement, our Privacy Policy and our Community Guidelines including any subsequent changes that we may make to update our rules in accordance with relevant laws, ethical standards and changes in business practice subject to Section 1.2.
1.2 If any subsequent changes to this Agreement materially affects your rights and obligations as a Player, we will notify you within a period of thirty (30) days prior to the date of effectivity of the pertinent revision/s. If you continue to use or keep your user account within ten (10) days after the effectivity of the revision, it shall be deemed as your acceptance of such revision/s.
1.3 The disclosure of your first name, last name, and email address to create an account shall be subject to our Privacy Policy.
1.4 You are solely responsible for maintaining the confidentiality and security of your login credentials.
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Eligibility
2.1 To create an account with PlayLokal, you must be at least thirteen (13) years old and possess none of the disqualifications indicated below:
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Under thirteen (13) years old;
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Between thirteen (13) and seventeen (17) years old without obtaining permission from your parent or legal guardian; or
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Previously convicted of crimes involving physical violence, drugs and alcohol-related offenses, sexual violence, swindling and other similar offenses.
2.2 If you are between thirteen (13) and seventeen (17) years old with your parent or legal guardian’s permission, it is presumed that by creating an account, your parent or legal guardian has read, fully understood and accepted the terms of this Agreement, our Privacy Policy and Community Guidelines.
2.3 Subject to Sections 2.1 and 2.2 above, the disclosure of your date of birth is not required to download, create an account or use PlayLokal.
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Purpose Of Use and Restrictions
3.1 We believe that sports can build a strong sense of positive community. It improves not only one's health but the overall quality of life brought upon by an active lifestyle and sense of belonging. We aim to promote healthy competition driven by respect for other players and the mentality that one's peers can bring out the best in each individual. We hope to create a platform that encourages a fun atmosphere centered around the game that people love.
3.2 To achieve our goals, PlayLokal connects its users within its neighborhood to play any sport by providing the following features:
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maps to indicate court locations;
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track games that Players or Teams have created and joined;
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chats to communicate with Players and Teams;
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team-dedicated group pages for recurring games;
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game interface to manage games and input scores; and
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profile for a Player’s information and personal statistics.
3.3 To encourage sportsmanship, establish friendships and build communities based on sports in a safe and secure online platform, Players are strictly prohibited from commencing, engaging, promoting or assisting any act or a combination of the followings acts by using PlayLokal:
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to commit any crime or offense punishable by law against any Player;
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to induce, entice, promote, engage in lewd, lascivious conduct, or any other form of sexual harassment against any Player;
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to defame, slander or commit libel against any Player;
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to use the personal data of any Player that is accessible through PlayLokal for any unlawful activity;
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to harass, bully, or stalk any Player;
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to solicit donations or funding for any cause;
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to create an unsafe or harmful environment to any Player;
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to advertise, offer to buy, exchange, barter, sell or deliver any goods or products;
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to send spam or junk mail to any Player or Team;
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to transmit any kind of virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
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to incite hatred or discrimination towards a Player or Team based on race, gender, sex, age, ethnicity, profession, physical appearance, religion, political beliefs, disability and other similar factors;
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to impersonate or pretend to be another person;
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to use PlayLokal to commit or attempt to commit copyright infringement against PlayLokal;
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to deliberately cause or harm PlayLokal’s goodwill and reputation; and
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other similar acts or combination thereof against any Player or PlayLokal.
3.4 You are solely responsible for any interactions with other Players or Teams. You understand that PlayLokal does not conduct any criminal background checks of its Players. PlayLokal does not warrant or make any representations on the behavior, moral character and reputation of any Player.
3.5 You are prohibited from creating and using multiple Player accounts under different names or aliases. You are prohibited from allowing anyone to use your Player account. You are solely responsible for any harm, loss, injury or damage incurred by another caused by the unauthorized use of your Player account by another.
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Location and Maps
4.1 Some of the features of PlayLokal involves the use of your location and information on the venue of existing or upcoming games using GPS, Bluetooth or any other information sent by your mobile device where PlayLokal is installed.
4.2 You allow PlayLokal to access and determine your location for the purpose of connecting you to present and upcoming games, to suggest nearby courts that are nearest to your current location. For this purpose and subject to the settings of your device, you understand and agree to disclose your current location.
4.3 You warrant that your disclosure of your location, suggested location of court venues are truthful and made solely for the lawful and intended purpose of PlayLokal.
4.4 We will never disclose your current location to any government authority or any third-party unless it is reasonably necessary or required by law.
4.5 You are solely responsible for any harm, loss, injury, or damage you may incur or cause to another due to your disclosure of your current location to any Player, Team or any third-party.
4.6 If you refuse to share your current location or disable your mobile phone to block PlayLokal’s access to your current location, you will not receive any location-specific content or features offered by PlayLokal.
4.6 We do not warrant the accuracy of the navigational instructions provided by the App to locate your selected court venue. You are solely responsible for determining the best route to your selected court venue.
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Court Venues
5.1 PlayLokal provides a feature to determine all nearby courts or game locations that is amenable to the Player’s chosen sport or scheduled game and a Player may create a new court or game location not otherwise included in the App.
5.2 We do not warrant or make any representations as to the quality of facilities, availability of your selected date, time and accuracy of location or occupancy capacity of your selected court or game location, whether determined by the App or created by any Player.
5.3 You or the Team are solely responsible for any harm, loss, injury or damages incurred from or occurs at the chosen court location, whether determined by PlayLokal or created by a Player.
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Cancellation of Scheduled Games
6.1 PlayLokal enables Players or Teams to schedule a single or a series of games for a particular sport without interference from PlayLokal.
6.2 You or the Team are solely responsible for scheduling games including any cancellation or postponement of games for any reason.
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Badges and Prizes
7.1 PlayLokal provides a feature where virtual badges are rewarded to Players to encourage the usage of the app and may expand to other virtual badges based on personal performance and by nomination of other Players.
7.2 Winners of virtual badges may receive non-virtual forms of prizes from PlayLokal. The winner of any virtual badge shall be solely responsible for any tax liabilities due or any other fees or liabilities which may arise therefrom, if any.
7.3 In case Teams decide to provide non-virtual forms of prizes such as trophies, cash, or any other consideration with an equivalent monetary value, the Teams are solely responsible for any tax liabilities due or any other fees or liabilities which may arise therefrom, if any.
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Medical Waiver
By creating a Player account, you agree and understand that PlayLokal, its directors, officers or any of its authorized representatives are not liable for any physical injuries, mental health illness or death whether sustained from any sport activity facilitated by the PlayLokal App or resulting from any pre-existing medical conditions.
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Disclaimer
9.1 THE APP PROVIDES SERVICES TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
9.2 NO COMMUNICATION, STATEMENT OR ANY REMARKS, WHETHER WRITTEN OR ORAL, SHALL BE CONSTRUED AS AN EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION TO ANY MATTER CONCERNING THIS AGREEMENT.
9.3 WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES THAT THE USE OF THE APP AND ITS CONTENTS SHALL BE USED WITHOUT INTERRUPTION, SECURE FROM ANY FORM OF HACKS, FREE FROM ANY ERROR, PROTECTED FROM ALL KINDS OF TECHNOLOGY-RELATED DISRUPTIONS AND FREE FROM HARM OR INJURY CAUSED BY FORTUITOUS EVENTS.
9.4 YOU MAY USE THE APP AT YOUR OWN RISK. WE SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, BEHAVIOR, OR MORAL CHARACTER OF ANY PLAYER OR COLLECTIVE BEHAVIOR OF TEAMS. YOU ARE SOLELY RESPONSIBLE FOR ANY INTERACTIONS BETWEEN PLAYERS AND TEAMS.
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Limited Liability
10.1 UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AFFILIATES, THIRD-PARTY SERVICE PROVIDERS OR ANY OF ITS DULY AUTHORIZED REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS FOR DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INCOME, PROFIT, GOODWILL, BUSINESS REPUTATION, LOSS OR DAMAGE TO PROPERTY, PHYSICAL INJURIES, MENTAL HEALTH ILLNESS, DEATH AND THIRD-PARTY CLAIMS AS A RESULT OF YOUR ACCESS OR USE OF THE APP, FAILURE OR REFUSAL TO ACCESS OR USE THE APP, UNAUTHORIZED ACCESS OF YOUR ACCOUNT, VIOLATION OF ANY TERMS OF THIS AGREEMENT, BREACH OF CONTRACT, NEGLIGENCE, TORT, CRIMINAL LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, PRODUCT LIABILITY OR ANY OTHER ANALOGOUS CIRCUMSTANCES.
10.2 IN CASE WE ARE FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES, SECTION 9.1. SHALL REMAIN APPLICABLE AND ENFORCEABLE BETWEEN YOU AND THE COMPANY.
10.3 IN CASE THE ENFORCEABILITY OF SECTION 9.1 IS LIMITED BY THE APPLICABLE LAW IN PARTICULAR JURISDICTION, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY, IF ANY, SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD 100.00) PROVIDED THAT THE PLAYER OR THIRD-PARTY MUST FILE A CLAIM WITHIN A PERIOD OF TEN (10) DAYS FROM THE OCCURRENCE OF THE LOSS OR INJURY. OTHERWISE, THE FAILURE TO FILE A CLAIM WITHIN THE TEN-DAY PERIOD SHALL BE DEEMED WAIVED.
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Indemnification
You or any person who accessed your account with or without your knowledge or consent, agree to indemnify and hold the Company, free and harmless from and against any loss, liability, claim, demand, damages, costs, expenses and attorney’s fees, arising from i) your use and access of the App, ii) your violation of the terms of this Agreement, iii) your violation of any third party right or iv) disclosure of any of your content or information you share using the App.
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Intellectual Property Rights
12.1 All rights, title and interest in and to all materials that are part of any of the features of the App including, but not limited to, designs, text, graphics, pictures, video, trademarks, logos, sounds, artwork, information, artwork, data, database rights, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors.
12.2 You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading the App.
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Termination and Suspension
The Company reserves the right to suspend, deny access or permanently terminate any or all of your Accounts for any reason including but not limited to the violation of the terms of this Agreement and the Privacy Policy, without or without notice.
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Arbitration
The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
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General Terms
15.1 Governing Law. The laws and regulations of Australia, without regard to principles of conflict of laws and regardless of your location, shall govern the terms of this Agreement and any dispute arising between you and the Company.
Any claim or dispute between you the Company arising out of the terms of this Agreement and not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Australia and you hereby consent to and waive all defenses on lack of personal jurisdiction and forum non conveniens as to venue and jurisdiction.
15.2 Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly provided in this Agreement.
15.3 Waiver. Under no circumstances shall the failure of the Company to exercise any rights provided in this Agreement constitute as a waiver of such rights. The waiver of either party of a breach or default shall not constitute as a waiver of a subsequent breach of default.
15.4 Severability. The Parties agree that if any provision of these Terms is found by a court of competent jurisdiction to be invalid, other provisions of these Terms shall remain in full force and effect.
Effective Date: 15 November 2022