Terms and Conditions

Welcome to Crocbytes Terms and Conditions of Use.

Please read these terms of service (“Terms”) carefully as they contain important information regarding what the Platform is, how it works, what Provider Services are offered and how you can use the Platform and Provider Services as well as your legal obligations, rights and remedies.

What Our Site and Platform offers

Crocbytes provides an online platform service (“Platform”) which connects independent service providers (“Service Providers”), including but not limited to; football pitches, basketball courts, volleyball courts, tennis courts, fitness instructors  and other facilities and professionals which may be added from time to time, with customers seeking the Service Providers services (“Provider Services”) in accordance with these Terms. Other services and service providers may be added to the Platform from time to time. The Platform is accessible at www.playdenapp.com  and any other websites through which Crocbytes makes the Platform available (collectively, the “Site”).

Who May Use Our Services?

You may use the Services only if you agree to form a binding contract with the Company and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

Eligibility

By using the Services, you represent that:

1. You have attained the age of 18 years and you are legally entitled to provide or book the type of Provider Services offered.
2. You are a Service Provider and want to register with us to provide any Provider Services, and you are free to register with us to provide your Provider Services on our Site. You will be representing and warranting this when you register with us (See section 3 below).

• You are of sound mind and have the capacity to enter into a legally binding contract;

1. All personal information that you provide about yourself is accurate and true to the best of your knowledge;and you have the responsibility to maintain the accuracy of the information at all times.
2. You have carefully considered the risks involved with using the Services; and
3. Your use of the Services does not violate any applicable law or regulation.

By using our platform for the services, you agree to the following Terms of Service as follows:

WHETHER YOU ARE A SERVICE PROVIDER, CUSTOMER OR USER, BY CONTINUING TO BROWSE, ACCESS AND/OR USE THIS SITE OR PLATFORM OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THIS SITE, YOU ARE AUTOMATICALLY CONSENTING AND AGREEING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR SITE TO BE A MEMBER AND/OR DOWNLOADED OUR APPLICATION (“APP”).

IF YOU DO NOT AGREE TO THESE TERMS, OR ARE NOT ELIGIBLE OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT ON THESE TERMS, DO NOT PROCEED TO USE OUR SITE, PLATFORM, APP, CONTENT OR COLLECTIVE CONTENT.

Please also read carefully our Privacy Policy at www.playdenapp.com  which will be deemed to be incorporated in these Terms.

Once you accept or agree to these Terms you are contracting with us, Crocbytes (“we”, “Platform Owner”, “us” or “our” which expressions will include our subsidiaries, agents, sub-contractors, successors and assigns).

Definitions of Terms used in this Term of Use

“Booking Summary” means the details of the Services and Services Fees which have been booked and paid for by the Customer. A copy of this is sent to both the Customer and Service Provider via email, text or other appropriate communication.

“Collective Content” means Member Content and Crocbytes Content.

“Content” means text, graphics, images, music, software, audio, video, information, links, metatags, code and any other material of whatever nature which appears on or embedded in the Site which is owned or licensed by Crocbytes.

“Customer” means any person who has registered with Crocbytes in accordance with section 3 below to become a Member to be able to book and pay for any Provider Services with a Service Provider via the Site.

“Member” means any Customer or Service Provider who has completed Crocbyte’s account registration process as described under “Account Registration” in Section 3 below, either to become a “Service Provider Member” or “Customer Member” under these Terms. “Members” means both Customer and Service Provider Members unless otherwise stated.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits or includes in their Service Provider Profile or Member profile to be made available/accessible through the Site for booking by Customer Members.

“Crocbytes” means Crocbytes Solutions Limited with a principle place of business at House I4, TUC Housing Estate, Kaduna.

“Crocbytes Content” means all Content that Crocbytes makes available through the Site or Platform, including any Content licensed from a third party, but excluding Member Content.

“Platform Fee” means the fees that Crocbytes charges a Member for the use of the Site and Platform, which is calculated as a percentage of the applicable Provider Services Fees.

“PlayDen” “Software” “App” means the Crocbytes booking application and/or site.

“PlayPoints” means the flexible, user-friendly alternative virtual currency system implemented within PlayDen to reward users instead of providing monetary refunds in case of booking cancellations.

“Services” means; football pitches, basketball courts, volleyball courts, tennis courts, fitness instructors and other facilities and professionals which may be added or changed from time to time, to be provided and delivered by Service Provider Members, which must be legal, safe and comply with these Terms.

“Provider Services Fees” means the amounts set by the Service Provider which are due and payable by a Customer in exchange for the Service Provider’s Services. The Service Provider alone, and not Crocbytes is responsible for setting its own Provider Services Fees.

“Service Provider” means a professional Service Provider offering services as football pitches, basketball courts, volleyball courts, tennis courts, fitness instructors and other businesses who have registered with Crocbytes. In accordance with section 3 below to become a Member to be able to create a Service Provider Profile and offer his/her Provider Services on the Site.

“Service Provider Profile” or “Profile” means a true, accurate, complete and up-to-date description of the Service Provider Member and details of their qualifications, training, experience, licenses, certificates, permits and registrations (as applicable) and the Provider Services offered, as well as calendar appointment availability and pricing, all of which must be accessible on the Site.

“Platform Owner“, “we“, “us“, or “our” means Crocbytes.

“User” means Members and any visitor to the Site whether or not registered as a Member.

“You” and “your” means you as a Service Provider or Customer or (where applicable) a user.

1. Modification of the Site, Platform, Content and Terms

Crocbytes reserves the right, at its sole discretion, to modify the Site, Platform or these Terms, including the Platform Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date in the introduction of these Terms. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Platform.

2. How the Crocbytes Site and Platform Work

As stated above, Crocbytes makes available an online platform via the Site with related technology for Service Providers and Customers to meet online and arrange for bookings of Provider Services directly with each other. To use the Site you must register with us as a Member.

• If you are an unregistered visitor to the Site, you may view any and all Service Provider Profiles on the Site and comply with these Terms applicable to a user, however, if you wish to create a Service Provider Profile or become a Customer to book any Provider Services, you must first become a Member by registering with us to create a PlayDen Account (as described in section 3 below).
• If you wish to be a Service Provider on our Site you must register and create a Service Provider Profile on the Site which truly and accurately describes your Services which Customers and Site visitors/users can read about on the Site and book any of these Services directly with you (See section 3 below).
• You understand and agree that Crocbytes has no temporary or permanent employment contract with you or any Service Provider nor are we in any relationship of partnership, employment, joint venture or agency (other than for the purpose of accepting, on behalf of each Service Provider, payments from Customers). We are therefore not a party to any bookings, agreements or arrangements entered into between you as a Service Provider and your Customers.
• If you wish to be a Customer – which allows you to book any Provider Services you must first become a Member by registering with us to create a PlayDen Account (see section 3 below).

3. Account Registration

In order to offer your Services as a Service Provider and create your Profile on our Site or to book any Provider Services as a Customer, you must first register with us to create an account (“PlayDen Account”) and become a Member.

Your PlayDen Account and your PlayDen Account Profile page will be created for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active Account. You agree to provide true, accurate, current and complete information during the registration process and to update such information to keep it true, accurate, current and complete at all times.

Crocbytes reserves the right to suspend or terminate your Account and your access to the Site if you create more than one (1) Account, or if any information provided during the registration process or thereafter proves to be inaccurate, untrue, fraudulent, not current or incomplete.

During the account registration process you will be asked to create a password. You are solely responsible for safeguarding your password to your PlayDen Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify Crocbytes of any unauthorised use of your Account and/or password.

• Service Provider Profile

As a Service Provider Member, you must create a Service Provider Profile. To create a Profile, you will be asked a variety of questions including, but not limited to:

1. the location(s) that you offer your Services,
2. full details of the Services you offer,

• your professional work experience, training, qualifications, licenses, certificates, permits and registrations (as applicable),

1. your availability to provide the Services on a calendar booking basis, and
2. your fees and pricing.

Service Provider Profiles will be made publicly available via the Site. Customers will be able to book your Professional Services via the Site, based upon the information provided in your Service Provider Profile. You understand and agree that once a Customer makes a booking for your Services, you may not request the Customer to pay a higher fee or price than detailed in the Booking Summary.

Crocbytes acts as the limited authorised payment collection agent for all Service Providers for the purpose of accepting, on behalf of each Service Provider, payments from Customers of such amounts as are stipulated by the Service Provider. Crocbytes will engage the services of PayStack for collection of payments.

• Service Provider Warranties

You acknowledge and agree that you alone are responsible for your Account Registration details, your Service Provider Profile and Member Content that you register or post on our Site.

You are giving the following warranties and representations when you register with us but if your circumstances change in any way you must immediately advise us and all Customers who have booked with you.

You represent and warrant:

1. that you are a professional Service Provider either practicing as a sole trader or legally authorised and free to register with us to provide your Services;
2. that you have all the required up-to-date qualifications, insurances, training, experience, licenses, certificates, permits and registrations necessary to properly, safely and legally provide the Services which you offer on our Site;

• that you are not economically, professionally or personally barred, restricted or limited under the sanctions, rules, trading standards, regulations or laws of any country worldwide from registering with us or from providing your Services, for example for any health, safety, civil, criminal, behaviour or offender reason;

1. that the Services which you offer are legal and safe, and where appropriate, in compliance with all health, safety and fire regulations as well as in compliance with all applicable laws and Tax requirements that may apply to you or any of your Services;
2. that your own personal and professional details and the Services detailed on your Service Provider Profile on our Site:
3. are true, accurate, complete and up-to-date;
4. will not give any false claim, hope or impression as to any expected outcome that a Customer may reasonably expect from reading your details or from undergoing, receiving or experiencing any of your Provider Services;
5. will not breach or conflict with any agreements or arrangements you have entered into with any third parties.

• Customer Account Registration details and warranties

To book any Services on our Site, you must first be a Member by registering your details with us.

In registering your details, you represent and warrant:

1. that your own personal details are true, accurate, complete and up-to-date;
2. that you are not personally barred, restricted or limited for any reason from registering with us and/or booking and/or receiving any Professional Service, for example, under any health, safety, civil, criminal, behaviour or offender register under the laws of any country worldwide;

4. Disclaimer and Limitation of Liability
   • Warranty Disclaimer

BY USING THE SITE, EVERY MEMBER AND USER ACCEPTS THE SITE, PLATFORM, MEMBER CONTENT AND/OR COLLECTIVE CONTENTS AND OTHER MATERIAL, SERVICES OR THAT OF OUR THIRD PARTY SUPPLIERS/PROVIDERS “AS IS” AND “AS AVAILABLE” WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY AS TO:

1. ITS MEMBERS, THEIR IDENTITIES, REGISTRATION DETAILS, PROVIDER SERVICES, LOCATION(s) FOR PROVISION OF THE PROVIDER SERVICES,

1. THE ACCURACY, LEGALITY, COMPLETENESS, QUALITY OF MEMBERS REGISTRATION DETAILS, MEMBER PROFILES OR PROVIDER SERVICES,

• THE BEHAVIOUR OF ANY MEMBER OR OTHERWISE, OR FOR

1. THE CONTINUITY OF THE SITE, PLATFORM, SERVICES, CONNECTIVITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

• Disclaimer of Liability

Crocbytes CANNOT AND DOES NOT CONTROL AND DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW FOR:

1. MEMBER REGISTRATION DETAILS AND CONTENT CONTAINED IN ANY SERVICE PROVIDER PROFILES OR FOR THE ACCURACY OF PROFILE CONTENT;

1. THE QUALITY, LEGALITY OR SUITABILITY OF ANY PROVIDER SERVICES CARRIED OUT BY ANY SERVICE PROVIDER; OR

• THE BEHAVIOUR OF ANY SERVICE PROVIDER, CUSTOMER, MEMBER OR USER ESPECIALLY IF REQUIRED TO MEET OFF-LINE AND/OR IN PERSON FOR ANY REASON INCLUDING BUT NOT LIMITED TO PERFORMANCE OF THE PROVIDER SERVICES; OR FOR

1. ANY BOOKINGS, COMMUNICATIONS OR ACTIVITY OVER THE SITE OR AS A RESULT OF YOUR USE OF THE SITE OR PLATFORM WHICH IS MADE BY OR BETWEEN ANY MEMBERS, USERS AND/OR THIRD PARTIES (INCLUDING BUT NOT LIMITED TO COMMENTS, REVIEWS, FEEDACK, RATINGS, “LIKES” OR “DISLIKES”).

BY USING OR CONTINUING TO USE THE SITE AND PLATFORM YOU, AS A MEMBER OR USER, AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS, OMISSIONS OR BEHAVIOUR OF MEMBERS, PERFORMANCE OR CLAIMS ABOUT ANY PROFESSIONAL SERVICE, MEMBER OR OTHER THIRD PARTY WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBER OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO NOR ATTEMPT TO IMPOSE ANY LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM Crocbytes WITH RESPECT TO SUCH CLAIMS, ACTIONS, OMISSIONS OR LIABILITIES.

This limitation shall not apply to any claim by a ServiceProvider against Crocbytes regarding the remittance of payments received from a Customer by Crocbytes on behalf of a Service Provider, which instead shall be subject to the limitations.

• Crocbytes’s Rights to remove Profiles, Account registration and/or disable access.

Notwithstanding the above disclaimers and other disclaimers contained in these Terms and any and all other rights available to Crocbytes under these Terms including but not limited to our rights under Section 8 and 10 below or in law, Crocbytes reserves the right but does not have the obligation, at any time and without prior notice, to remove or disable access to any Service Provider Profile for any reason or any Member registration in accordance with section 9 and 12.

5. Booking and Payment Process
   • If you are a Service Provider
6. Each Service Provider agrees and undertakes with Crocbytes that it is not Crocbytes but only the Service Provider who is solely responsible for honouring any confirmed bookings and making available the Services which are arranged, booked and paid for by the Customer through the Site.

1. Where a booking is made for your Services via the Site, we will share with you the Booking summary which will include:
2. the first name of the Customer who has made the booking,
3. a summary of the Services booked and paid for by the Customer,
4. the location, date and time at which the Services are due to take place,
5. the Customer’s phone number and contact details.

• As each Service Provider appoints Crocbytes as the Service Provider’s limited payment collection agent, Crocbytes will pay the fees due to you.

• If you are booking as a Customer

1. As a Customer, it is only you who selects which Service Provider and which Professional Service you wish to book and therefore choose to enter into a booking transaction with that Service Provider. By doing so, it is only you who must understand and agree that you will be entering into an independent booking agreement/arrangement with that Service Provider and accept any additional terms, conditions, rules and restrictions associated with such Service Provider with respect to their Services.

1. Payment of your Customer booking. You will be asked to provide the customary billing information such as name, billing address and credit/debit card information either to Crocbytes or our third-party payment processor(s). You agree to pay Crocbytes for any confirmed bookings made in connection with your Crocbytes Account in accordance with these Terms by one of the methods described on the Site, e.g. by credit/debit card or other payment provider.

You hereby authorise Crocbytes to collect such amounts from your registered card or payment provider.

If you are directed to Crocbytes’ third-party payment processor(s), you may be subject to additional terms and conditions governing use of that third party’s service and that third party’s privacy policy for their personal information collection practices. Please review such terms and conditions and privacy policy before using their services. Once paid, your confirmed booking transaction is complete, you will receive a confirmation email, text or other appropriate communication summarising your confirmed booking (Booking Summary).

Please note that Crocbytes is in no way responsible for the fees relating to any Provider Services nor can Crocbytes control any fees that may be charged to a Customer by his or her bank or credit/debit card company for the collection of Provider Services Fees thus Crocbytes DISCLAIMS ALL LIABILITY FOR SUCH FEES.

• Fee Collection and Payment to Service Providers

Each Service Provider hereby appoints Crocbytes as the Service Provider’s limited payment collection agent solely for the purpose of accepting the Provider Services Fees from Customers and paying out the appropriate amount to the Service Provider once the Professional Service has been successfully carried out.

The Customer’s payment obligation to the Service Provider for the Services Fees is extinguished when these fees are received by Crocbytes. The Service Provider agrees that payment made by a Customer through Crocbytes shall be considered the same as a payment made directly to the Service Provider, and the Service Provider will provide the Services to the Customer in the agreed-upon manner as if the Service Provider has received the Services Fees.

Crocbytes is responsible for remitting the Services Fees. In the event that Crocbytes does not remit any such amounts as described in these Terms, such Service Provider will have recourse only against Crocbytes and not the Customer for such amount.

Crocbytes’ obligation to pay the Service Provider is subject to and conditional upon successful receipt of the associated payments from Customers. Crocbytes does not guarantee payments to Service Providers for amounts that have not been successfully received by Crocbytes from Customers.

Other than Crocbtes’ payment processing duties specified above, Crocbytes assumes NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE SERVICE PROVIDER OR CUSTOMERS.

 

• Crocbytes Platform Fees

In consideration for the use of Crocbytes’ Site and Platform, Crocbytes charges all Service Providers and Customers Platform Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Platform Fees. Crocbytes charges Customers Platform Fees by adding a percentage to the Service Fees and also deducts the Platform Fees from the Services Fees before remitting the balance to the Service Provider as described in these Terms.

Balances will be remitted by Crocbytes to the Service Providers via bank transfer, direct deposit or other payment methods as described on the Site, these Terms or as agreed between the parties.

6. Cancellation, Booking Changes and Playpoints
   • The cancellation policy states that a Customer may cancel a booking and/or qualify for a full or partial playpoints if they provide the amount of notice detailed in the cancellation policy. Cancellation Window shall only be:
     • 95% of PlayPoints for more than 3 hours notice before booking time; and
     • No PlayPoints for less than 3 hours notice before the booking time

• Cancellation or booking change by a Customer

1. If, as a Customer, you cancel your booking made via the Site, you will be refunded in PlayPoints instead of money. PlayPoints can be redeemed for future bookings on PlayDen. PlayPoints have no cash value and cannot be exchanged for money.
2. Customers who do not show up for their booked services without prior cancellation will not receive any PlayPoints.

• Customers who frequently cancel bookings. Any Customer who cancels more than three times in a 30-day period may face restrictions, such as reduced PlayPoints for cancellations or temporary suspension from booking.

1. Users cannot book multiple slots at different venues for the same time period and cancel all but one to gain PlayPoints. Such behavior will be considered abuse, and no PlayPoints will be awarded.
2. If a Service Provider cancels your Customer booking made via the Site, Crocbytes will award playpoints of the services fees in full for such booking to the applicable Customer within a commercially reasonable time of the cancellation in accordance with Section 6.1.
3. If, as a Customer, you wish to change a booking time and/or date or the type of Services with 24 hours or less notice before your booking, you may contact the Service Provider and it is in their discretion alone whether they wish to change the booking via the Site or if not, they can keep it as a cancelled booking.

• PlayPoints are non-transferable and can only be used by the account holder who earned them. This prevents users from creating multiple accounts to exploit the system.

• If, as a Service Provider, you cancel a confirmed booking:

1. You agree that Crocbytes may apply penalties or consequences to you or your Service Provider Profile or Account, including but not limited to:
2. publishing an automated review or rating on your Service Provider Profile indicating that a booking was cancelled by you,
3. keeping the calendar for your Service Provider Profile unavailable or blocked for the dates of the cancelled booking and/or such other extended period as Crocbytes at its sole discretion, shall decide is a reasonable period in the circumstances, and/or
4. imposing a cancellation fee (to be withheld from your future pay-outs).

1.  You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

iii. At Crocbytes’ sole discretion, penalties may not be applied in the event that you have cancelled a confirmed booking due to an extenuating circumstance. Extenuating circumstances will include but are not limited to: family death, illness, injury or force majeure event. In these circumstances, to avoid a penalty, you must contact Crocbytes to explain your extenuating circumstances and must also provide paperwork to prove the extenuating circumstances. If you cannot supply adequate proof, Crocbytes reserves the right to apply a penalty to your Service Provider Profile and/or Account.

7. Member/User Conduct and Prohibited Activities

As a Member or user of the Site and/or Platform, you understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and obligations that may apply to your use of the Site, Platform, Members Content and/or and Collective Content.

• Prohibited Activities

In connection with your use of the Site, Platform, Content, Members Content and/or Collective Content, you may not and you agree that you will not, nor will you attempt to do or permit anyone else to do so on your behalf or through use of your Account details or passwords (with or without your knowledge) or otherwise:

• violate any local, national, international or other law, rules, regulations or the order of a court of competent jurisdiction;
• access or use our Site or the PlayDen APP to use, expose or allow to be used or exposed, any Crocbytes Content or Collective Content:

1. any Booking Summaries or the identities of any Customer or details of Customer bookings;
2. that is in any way inconsistent with our Privacy Policy or these Terms of Service;

• that in any way violates the privacy rights or any other rights of Maison Sport Members, users or any other third party;
• use the Site, Content or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store, extract, download or otherwise access or use any information contained on the Site, Platform, Members Content and/or or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• disclose any personal details of any Customer, their address, contact details or the nature of any Professional Services which they require;
• interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, malware, spyware, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology now available or later conceived;
• use our Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their express permission, personal contact information or credit/debit card or payments details or account numbers;
• use our Site or Collective Content in connection with the distribution of unsolicited commercial email, text or other communication (“spam”) or advertisements related or unrelated to us, our Site, Platform, our Members, Provider Services or otherwise;
• harass any other Member or user of our Site, Platform, Member Content and/or Collective Content, or collect or store any personally identifiable information about any other Member or user other than for purposes of transacting as a Crocbytes Customer or Service Provider;
• offer, as a Service Provider, any Services that you will not be delivering yourself (without limiting the foregoing, you will not list Services as a Service Provider if you are acting as an agent for a business or any such commercial entity or third party);
• register a PlayDen Account, as a Service Provider, offering Services, if you do not have the correct qualifications, training, experience, license, permits, requirements or local or nationally required registration documents to deliver, perform or otherwise carry out the Provider Services to the standards at least, set by these Terms;
• register for more than one (1) PlayDen Account or register for a PlayDen Account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person, entity or organisation;
• use automated scripts to collect information from or otherwise interact with the Site or Collective Content;
• use the Site or Collective Content to find a Service Provider or Customer and then complete a booking for Services independently of the Site in order to circumvent the obligation to pay any Platform Fees related to Crocbytes’ provision of the Platform via the Site or for any other reasons;
• as a Service Provider, submit any Service Provider Profile with false or misleading Professional Service description, claim or fees information;
• post, upload, publish, submit or transmit any Content (including but not limited to any reviews, comments, feedback, ratings, “likes” or “dislikes”) that:

1. infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade name, service mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
2. violates or encourages any conduct that would violate, any applicable law, rule, trading standard or regulation or would give rise to civil or criminal liability;

• is fraudulent, false, misleading or deceptive;

1. is defamatory, obscene, pornographic, vulgar or offensive;
2. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
3. is violent or threatening or promotes violence or actions that are threatening to any other person; or

• promotes illegal or harmful activities or substances;
• systematically retrieve, extract or download data or otherwise take any Content or Collective Content from our Site or Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, or through the use of bots, crawlers, spiders, AI or other technologies or methods or otherwise;
• use, display, mirror or frame the Site, Content or Collective Content, or any individual element within the Site, Content or Collective Content, Crocbytes’ name, any Crocbytes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without Crocbytes’ express written consent;
• probe, scan or test the vulnerability of any Crocbytes system, network Site or Platform or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Crocbytes or any of Crocbytes’ Service providers or any other third party (including another Member or user) to protect the Site, Platform, Member Content and/or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email, text or other communication or newsgroup posting, or in any way use the Site, Platform, Content, Member Content and/or Collective Content to send altered, deceptive or false source-identifying information;
• decipher, decompile, disassemble or reverse engineer (or attempt to) any of the software used to provide the Site, Platform, Member Content and/or Collective Content;
• accept or direct a Member to make or accept a payment for Provider Services Fees outside ofCrocbytes. If you do so, you acknowledge and agree that you:

1. would be in breach of these Terms;
2. accept all risks and responsibility for such payment, and

• hold Crocbytes harmless from any liability for such payment;

• Third-party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”). Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

8. Crocbytes’ Rights to Monitor, track, disclose and/or Take-down Profiles and Content.

You acknowledge and agree that Crocbytes has the right but does not have the obligation, at any time and without prior notice or reason:

1. to monitor, access, copy, track, trace and/or disclose any of your Account registration details, Member Content, Profile, personal, professional information, your use, transactions and activity via the Site, Platform or Content;
2. to remove or disable access to any Member Content, Profiles or other content;

• to carry out any other act if we are required to do so or if we believe in good faith that it is reasonably necessary:

1. for the purposes of operating, improving, developing, de-bugging and supporting the Site, Platform, Profiles, Content, Member Content and/or Collective Content, suppliers, providers and providing Member and customer support;
2. to ensure your compliance with these Terms and to enforce or administer our agreements with other Members, suppliers, providers or other users;
3. to protect the rights, property or safety of Crocbytes, its Members, users, our suppliers, providers or members of the public;

• to respond to content that we believe, suspect or determine in our sole discretion, or have been advised, is illegal, objectionable, infringing or harmful in any way to Crocbytes, the Site, Platform, its functionality, other Members, users, visitors or potential users, or to any of our actual or potential third party suppliers or providers (including those specified in section 6 above);
• to respond to claims or allegations asserted against Crocbytes against you or any other Member or user or to comply with legal process;

1. for fraud prevention, risk assessment, investigation;
2. to ensure your compliance with these Terms and the applicable laws;
3. to comply with any order or requirement of a court, authority, administrative or law enforcement agency or other governmental body.

 

9. Intellectual Property
10. Each Member and user acknowledges and agrees that any and all of Crocbytes owned copyright, trademarks, service marks, trade names, patents, database rights, design rights, moral rights and other intellectual property rights used in or in connection with the Site, Platform, Content, Crocbytes Content and Collective Content and including but not limited to any and all variations, adaptations, translations or derivatives thereof whether or not computer-generated or using any AI software or tool are and shall remain the sole property of Crocbytes and each Member and user only uses the same for the purposes of using the Site and Platform and such other services as Crocbytes may provide.
11. To the extent that a Member owns the material in its Member Content, Crocbytes  acknowledges that its copyright, trademarks, service marks, trade names, patents, database rights, design rights, moral rights and other intellectual property rights created, developed, subsisting or used in or in connection with the Members Content shall remain the sole property of the Member.

• In the event that new designs, processes or inventions evolve in use, performance of or as a result of these Terms, each Member and user acknowledges that the same shall be the property of Crocbytes unless otherwise expressly agreed in writing by Crocbytes.

1. Each Member shall indemnify Crocbytes fully against all liabilities, costs and expenses which Crocbytes may incur as a result of any Member Content, Profile or user content involving infringement of any copyright, trademarks, service marks, trade names, patents, database rights, design rights, moral rights and other intellectual property rights (including but not limited to framing or linking to third-party websites and/or third-party proprietary material).

10. Termination
    • Crocbytes’ Right to terminate your Account and access to the Site

Notwithstanding our rights under section 8 above, we may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your PlayDen Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:

1. your PlayDen Account will be deactivated, suspended or terminated, your password will be disabled, and you will not be able to access the Site, your PlayDen Account, your Member Content or receive assistance from Crocbytes customer service;
2. any future bookings or arrangements as either Service Provider or Customer will be immediately terminated;

• we may communicate to your Customers or Service Providers that a booking or arrangement has been cancelled;

1. we may contact your Customers to inform them about potential alternate Provider Services with other Service Providers that may be available on the Site, and
2. you will not be entitled to any compensation for bookings or arrangements (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your PlayDen Account.

• Your Right to terminate your Account

You may cancel your PlayDen Account at any time via the “Delete Account” feature on the Site or by sending us an email. Please note that if your PlayDen Account is cancelled, we do not have an obligation to delete or return to you any of your Member Content that you have or any other users has posted on the Site, including, but not limited to, any reviews, comments, feedback, ratings, “likes” or “dislikes”.

11. Disclaimer & Limitations of liability

To the maximum extent permitted by applicable law, the Crocbytes disclaims any and all representations, warranties and conditions relating to the Services and the use of the Provider Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

CROCBYTES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PLATFORM AND THEIR CONTENT FOR ANY PURPOSE. THE SITE, APP AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.

IN NO EVENT SHALL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED.

YOUR SOLE REMEDY AGAINST THE CROCBYTES FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING ANY OR ALL OF THE AFFECTED SERVICES.

Without prejudice to the foregoing provisions, your use of our Site and Services is at your own risk. You agree that Crocbytes will no way be liable for (a) any direct, indirect, special, incidental punitive, consequential, punitive, special or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or (including, without limitation, those  damages resulting from revenue loss of revenues, lost profits, profit loss of, use, data, goodwill, loss of use , business interruption, or any other intangible losses), (whether Crocbytes has been advised of the possibility of such damages or not) arising out of or in connection with the Company’s website or services (including, without limitation, use, to inability to use, or arising from the results  of use of the Company’s Site or Services) whether such damages are based on warranty, tort, contract, statute, or any other legal theory.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

12. Updates, Modifications & Amendments

We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to Users and Service Providers.

We advise that you check this page often, referring to the date of the last modification on the page. If a User or Service Provider objects to any of the changes to the Terms of Use, the User or Service Provider must cease and desist from using our Site and/or Services immediately.

 

13. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of these Terms.

14. Important General Terms
    • Applicable Law

These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

• Dispute Resolution

The validity, construction and performance of this Term of Use shall be governed by the laws of the Federal Republic of Nigeria.

Parties shall use their best endeavors to amicably settle any dispute or difference of opinion arising from or in connection with this Term of Use through mutual discussions in line with our Dispute Resolution and Complaint Management Control Framework.

All disputes should be logged formally by sending an email to info@playdenapp.com  within 30 days of the transaction date.

Where the Parties are unable to resolve the dispute through mutual discussions, the dispute or difference of opinion shall be referred to mediation conducted by their legal representatives or financial auditors, where financial matters are involved. Failing which the dispute shall finally be referred to arbitration in accordance with the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria 2004, or any amendment thereto.

The place of arbitration shall be Kaduna State, Nigeria and there shall be a sole arbitrator who shall be appointed jointly by the parties. Where the parties fail to jointly agree on the appointment, they shall approach the Kaduna Multi-Door Court House to appoint a sole arbitrator who shall be competent to adjudicate on the issue in dispute.

The language to be used in the arbitral proceedings shall be English. The arbitral award shall be final and binding between the Parties. The reference of any dispute to arbitration shall not prevent the Parties from seeking any form of protective reliefs/injunctions/specific performance from a court of law via motion or other originating processes for the protection of any res pending the constitution of the Arbitral Panel and/or final award.

 

• Severability

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

• Assignment

This agreement is a personal agreement between the Crocbytes and you (Customer or Service Provider). As a result, you are not allowed to assign your rights under this agreement to a third party. On the other hand, we can and will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this will not have a significant negative effect on your rights under these Terms or if we need to do so to meet any legal or regulatory requirement.

• Waiver

Our failure or delay in enforcing any of our rights under these terms, if you have broken the agreement, does not amount to a waiver and will not prevent us from enforcing those or any other rights at a later date within the period stipulated by applicable law.

• Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing in English and given by the party sending such notice either (i) via email (in each case to the address that the parties use to communicate hereunder or otherwise provide) or (ii) by Crocbytes posting on the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

• Privacy Policy

You agree to the Company’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.

CONTACT US

If you have any questions about these Terms, please contact us at info@playdenapp.com