Terms & Conditions
1.1 These terms and conditions (and any updates, amendments and/or supplements thereto) (the “General Terms”) govern the access of and/or use of our Service (as defined below), as operated or provided by PLAI Sport (as defined below). Acceptance of these General Terms on registration to any PLAI service constitutes a binding agreement between you and PLAI Sport.
1.2. Your access to and use of our PLAI Sport Service is conditional on you complying with these General Terms and in accessing or using our PLAI Sport Service, you signify your agreement to:
a. these General Terms (and any updates and supplements thereto);
b. any additional terms and conditions that are agreed to in relation to the Service; and
c. all other operating rules, policies and procedures that may be published from time to time by us, and the additional terms and policies set out in Clause 23, each of which is incorporated herein by reference and each of which may be updated by us from time to time without notice to you.
1.3 If you do not agree to any provision in these General Terms, you are not permitted to, and must immediately discontinue, any access of and/or use of our PLAI Sport Service, or any part thereof.
1.4 Submission of registration information by you to us will constitute an offer by you to become an Account Holder (as defined below) and to use our PLAI Sport Service and/or the Platform, subject to these General Terms and any other applicable terms. You will not become an Account Holder nor have access to certain parts of our Platform unless and until we notify you of our acceptance of such offer, by providing you with a user name and password (or such other notification in accordance with our registration process). Prior to such notification, you may continue to use and/or access certain parts of our Platform as a Visitor (as defined below), subject to your compliance with these General Terms.
“you/your/user” means (as appropriate) the Visitor and/or Account Holder.
“PLAI Sport” or “we/us/our” means PLAI Pte Ltd (UEN No. 202015472W), a company incorporated in Singapore and having its registered address at 20 Malacca Street #04-00 Malacca Centre Singapore 048979 and PLAI Ltd (Company No. 14174081), a company incorporated in the United Kingdom and having it’s registered address at C/O Martin Ives & Co Ltd., The Hill Hub, 1a Highfield Road, Dartford, Kent, England, DA1 2JH.
“Account” means your account with us as an Account Holder.
“Account Holder” means a registered user of the PLAI Sport Service (whose registration has been approved by us).
“Account Information” has the meaning as ascribed to it under Clause 4.1(c).
“Agent” means an employee, partner, director, contractor, agent or representative of any party.
“Applications” means the software (including mobile applications) and associated Intellectual Property that is made available by us for download and for use in accessing and/or using the PLAI Sport Service.
“Club” means an association, a sports team and/or any other group using the PLAI Sports Service for sports management or otherwise.
“Club Member” has the meaning ascribed to it in Clause 7.1.
“Club Page” refers to a virtual location within the PLAI Sport Service and/or our Platform in which content and functionality in respect of a particular Club is located.
“Club Store” refers to a virtual location within the Club Page in which functionality in respect of the sale of Club equipment and other transactions such as the payment of Club subscription fees is located.
“Fees” refers to fees and charges deducted for transactions made through the PLAI Sport Service.
“Intellectual Property” means all intellectual property rights whether registered or not, including patent rights, registered designs, design rights, copyrights, trademarks, database rights and all other intellectual rights of whatever nature in any relevant jurisdiction.
“PLAI Sport Service” has the meaning as ascribed to it under Clause 3.
“PLAI Transaction Fee” has the meaning ascribed to it under Clause 8.4.
“PLAI Transaction Percentage” has the meaning ascribed to it under Clause 8.4.
“Platform” refers to our Sites and Applications used in accessing the PLAI Sport Service.
“Shop” has the same meaning as clause 2.11.
“Sites” means all websites owned, operated or provided by PLAI Sport, whether under the URL “plaisport.com” or otherwise and the associated and/or underlying Intellectual Property.
“Stripe” means the payment service operated by the company with its URL at “stripe.com”.
“Stripe Transaction Fee” has the meaning ascribed to it under Clause 8.4.
“Stripe Transaction Percentage” has the meaning ascribed to it under Clause 8.4.
“Team Shop” has the same meaning as clause 2.11.
“User Content” has the meaning as ascribed to it under Clause 12.1.
“Variations” has the meaning as given to it under Clause 20.
“Visitor” means a user who accesses our Site and/or the PLAI Sport Service without registration and/or a user who has applied but not yet been approved by us to be registered as an Account Holder.
3. The PLAI Sport Service
3.1 PLAI Sport provides a service for sports, organisational and people management which aims to allow organisations, associations, clubs, sports teams and team managers to:
a. streamline and facilitate communications within your organisation,
b. perform administration and management of members of your organisation,
c. coordinate fixtures and events, and/or
d. facilitate payments related to your organisation as well as fixtures and events attended by members of your organisation, including but not limited to, selling kits and merchandise, receiving match and subscription fees and/or payments for travel related expenses as such plane tickets and hotels.
(collectively, the “PLAI Sport Service”).
4. PLAI Sport Accounts
4.1 In signing up for an Account with us, you acknowledge and signify your agreement to the following:
a. Accounts are generally not available to minors or any person who cannot legally agree to these General Terms and by signing up for an Account, you confirm that you are capable of entering into a binding agreement,
b. where the PLAI Sport Service may be used by a minor, it is the responsibility of the parent or guardian to determine whether any such use of the PLAI Sport Service is appropriate for the child and to be responsible for any such usage,
c. to open an Account, the User must provide true and accurate information as requested by us and shall regularly update such information to keep it true and accurate (“Account Information”),
d. as part of such Account Information, the User shall provide a valid email address and/or mobile phone number belonging to them and choose a password, and keep these details up to date so that both PLAI Sport and your team can communicate with you effectively,
e. you agree that PLAI Sport may rely on your Account Information as accurate, current and complete without any duty on our part to verify such Account Information;
f. if requested by us, you will provide us with whatever proof of identity or any other documents, permits, licenses, certifications or approvals which we may reasonably request or require; and
g. we reserve the right to remove or change an Account at any time if we in our sole opinion deem it to be in breach of terms and conditions or of an inappropriate nature.
5. Account security
5.1 You are entirely responsible for the privacy, confidentiality and storage of Account Information and/or email addresses and/or mobile phone number, and password used to access their Account and the PLAI Sport Service and you are to keep such confidential at all times. You must immediately report any unauthorised usage of your Account and/or access of your Account Information to PLAI Sport immediately. We may temporarily disable access to or usage of your Account in such instances.
5.2 All online activities that can be traced to the email address and password of the User are deemed as having been performed by User. PLAI Sport expressly disclaims any liability from third parties or otherwise, connected to or arising from any such User online activities, including the content of messages sent.
5.3 You represent, warrant and undertake that you are fully responsible for any charges and liabilities incurred through the use of the PLAI Sport Service and/or your Account and for any activities conducted through your Account.
6. Your use of the PLAI Sport Service
6.1 In using our PLAI Sport Service and/or our Platform, you represent, warrant and undertake that:
a. you will only use the PLAI Sport Service (or any part thereof) for its intended and lawful purpose,
b. the underlying sport and/or activity shall comply with any applicable law and/or that you shall have obtained and have in force all requisite licences, permits and registrations in respect of such sport and/or activity as may be applicable,
c. you are responsible and liable for any content posted on the PLAI Sport Service and/or the Platform by you, which includes pictures, images, words or data, and/or
d. you shall in good faith attempt to resolve any disputes which may arise between yourself and us, any other User or any third party in relation to your use of the PLAI Sport Service, your Account and/or the Platform.
6.2 You further represent, warrant and undertake that you will not use the PLAI Sport Service, the Platform and/or your Account for any of the following purposes or in any of the following manners:
a. to impersonate or harass any other person,
b. to send any information that is or the disclosure of which would libellous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose),
c. that violates any person’s rights of privacy or publicity,
d. to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organisation,
e. to cause nuisance or behave in an inappropriate or disrespectful manner towards PLAI Sport or any other party,
f. that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination and/or false advertising laws),
g. to intercept any communications not intended for you,
h. to release, post, distribute or execute any viruses or other harmful computer code,
i. to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party,
j. to engage in “spamming,” transmission of “junk mail” or “chain letters” or unsolicited mass distribution of SMS and e-mail or any similar conduct,
k. to attempt to commercially exploit any part of the PLAI Sport Service Platform without our permission, including without limitation, modifying any of the underlying code or Intellectual Property relating to the PLAI Sport Service and/or the Platform in any way, or copying, reproducing, publicly displaying, distributing or otherwise using or communicating them for any public or commercial purpose without our permission,
l. to reverse look-up, trace or seek to trace any information on any other Account Holder and/or any other User, or any other customer of PLAI Sport, including without limitation any Account not owned by you, to its source, or exploit the PLAI Sport Service, the Platform or any service or information made available or offered by or through us, in any way where the purpose is to reveal any information, including but not limited to personal identification information,
m. to interrupt or adversely affect the Platform in any way,
n. to impair or circumvent the proper operation of the network which our Platform operates on, and/or
o. to send or store any unlawful material or for fraudulent purposes;
6.3 At our discretion and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages you send without delivering them or prevent messages from reaching you. Users may not use the PLAI Sport Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the PLAI Sport Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
6.4 You acknowledge that PLAI Sport may establish general practices and limits concerning use of the PLAI Sport Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the PLAI Sport Service, the maximum number of messages that may be sent from or received by an Account, the maximum size of any message that may be sent from or received by an Account, the maximum storage (whether on the cloud or on our servers) that will be allotted to your Account, and the maximum number of times (and the maximum duration for which) you may access the PLAI Sport Service in a given period of time. You agree that PLAI Sport has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the PLAI Sport Service. You acknowledge that PLAI Sport reserves the right to log-off, terminate and/or remove Accounts that are inactive for an extended period of time. You further acknowledge that PLAI Sport reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6.5 We reserve the right to remove any content you post which we deem to be in breach of our terms and conditions. Opinions expressed by you and/or other Users do not represent our views, they only represent the views of the individual who posted the opinion.
6.6 You agree that we are not responsible for the activity of any User that we do not have any duty nor responsibility to monitor content posted to the PLAI Sport Service and/or the Platform. You use PLAI Sport Service and/or the Platform at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of these General Terms, in which case you will notify us accordingly.
6.7 If, in our sole opinion, you are in breach and/or potential of the above, we may suspend and/or terminate your Account (with immediate effect or otherwise) and take such action as we deem appropriate.
7. Establishing a Club Page or Club Store/Shop/Team Shop
7.1 You may establish a Club Page on the PLAI Sport Service, and in doing so, you acknowledge and agree that:
a. the information added by you to invite your team members of members of your organisation (“Club Members”) to the appropriate Club Page represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the organisation of your “club”, “team” or “group” being organised and managed using the PLAI Sport Service,
b. Club Members added by you to your Club Page will be invited to join your Club Page and to do so, they will have to register for an Account and submit the relevant Account Information, alternatively, Club Members may first register for an Account and send a request to join a particular Club Page which you may accept or decline,
c. by accessing Club Page content and/or other aspects of the PLAI Sport Service, Club Members are deemed to be using the PLAI Sport Service and agree to these General Terms, and
d. we reserve the right to delete or remove, any Club Page which contains content which we consider to be in breach of these General Terms.
8. PLAI Sport Service Fees
8.1 A Fee will automatically be deducted for transactions conducted within the PLAI Sport Service and/or through your Club Page. This would include, but not be limited to, subscription fees paid by Club Members to their Club, purchases made by Club Members through the Club Page and/or Club Store, or any other transactions.
8.2. Any Fee which we charge in connection with the PLAI Sport Service are generally non-refundable and irrevocable. Subject to and save for Clause 9 below, this no-refund policy shall apply at all times regardless of your decision to terminate your use of and/or access to the PLAI Sport Service, our decision to terminate or suspend your access to and/or use of the PLAI Sport Service, disruption and/or interruption caused to your use of and/or access to the PLAI Sport Service whether planned, accidental or intentional, or any reason whatsoever.
8.3 You acknowledge and agree that collection and payment activities in respect of the Fee are undertaken and operated by Stripe (https://stripe.com) and are subject to Stripe’s terms and conditions as they apply to the relevant jurisdiction in which you are located.
8.4 The Fee would generally comprise the a fixed transaction fee per transaction charged by Stripe (“Stripe Transaction Fee”), a percentage of the transaction quantum charged by Stripe (“Stripe Transaction Percentage”), a fixed transaction fee per transaction charged by us (“PLAI Transaction Fee”) and a percentage of the transaction quantum charged by us (“PLAI Transaction Percentage”).
8.5 In the event that an Account Holder does not make full payment in respect of any underlying transaction, PLAI Sport shall not be responsible nor liable for any such shortfall and make deduct the full amount of its fee and/or charges (or maximum amount possible from such payment as has been made).
8.6 PLAI Sport reserves the right to immediately suspend and/or decline the processing of any transaction, and/or instruct our third party payment processors (such as Stripe) to immediately suspend and/or decline the processing of any transaction, where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where there has been a potential breach and/or breach of these General Terms. In such event, you acknowledge and agree that you shall not hold us liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
9. Cancellation, refund and dispute resolution
9.1 A Fee once deducted by PLAI Sport may generally not be cancelled and/or refunded save for manifest error on the part of PLAI Sport or under particularly extenuating circumstances as shall be determined by PLAI Sport in its sole discretion.
9.2 Where PLAI Sport determines that such circumstances apply, it shall process the appropriate refund within a reasonable time frame, and PLAI Sport may charge a refund processing fee.
9.3 In instances where there arises any conflict and/or controversy between Account Holders, PLAI Sport shall, after being notified of such conflict and/or controversy, use commercially reasonable efforts in investigating and resolving such conflict and/or controversy within a commercially reasonable time frame. Account Holders agree to be bound by and abide by such determination (if any) as made by PLAI Sport in its sole discretion.
9.4 Notwithstanding Clause 9.3, you acknowledge, agree and undertake that we will not be made a party to any such disputes and/or controversies between Account Holders and/or between Account Holders and third parties nor will we be responsible nor liable in respect of any such disputes and/or controversies.
10.1 You agree to bear and to be responsible and/or liable for all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time arising out of your use of the PLAI Sport Service and/or any transactions conducted through the PLAI Sport Service and our Platform (if any).
11. PLAI Sport Service compatibility
11.1 Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices, models and/or browsers in markets where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific devices, models and/or browsers.
11.2 Our Platform may require data network, and due to the device, model and/or browser, there may be delay/hang in the function of the device from consumption of memory and/or data. We shall not be responsible nor liable for any such malfunctions, slowness or hang of your device from using and/or accessing our Platforms. We will use commercially reasonable efforts in resolving such reported malfunctions towards the consistent performance of our Platform.
12. User Content
12.1 When you upload, submit, store, send or receive content to our Platform (“User Content”), you give PLAI Sport a non-revocable license to use, host, store, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant for the limited purpose of operating, promoting, and improving the Platform and/or for you to access the Platform, including analysing such User Content.
12.2 Notwithstanding the above, we shall not be responsible and/or liable for the legality and/or appropriateness of User Content.
13. Intellectual property and brand features
13.1 We grant you a non-exclusive, non-sublicensable license for use of our Platform and the PLAI Sport Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by PLAI Sport, in the manner permitted by these General Terms and any other applicable terms. You acknowledge you will not copy, modify, distribute, sell, or lease any part of such Platform, or reverse engineer or attempt to extract the source code thereof.
13.2 The PLAI Sport Service and the Platform as well as associated Intellectual Property shall remain the exclusive property of PLAI Sport (or the relevant licensors). PLAI Sport and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform. These General Terms do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Platform, or any intellectual property rights owned by PLAI Sport and/or its licensors. PLAI Sport’s name, PLAI Sport’s logo, the Platform and any third party logos and/or product names associated with the Platform are trademarks of PLAI Sport or third parties, and no right or license is granted to use them, save for the license granted under Clause 13.1 above. For the avoidance of doubt, the term Platform shall include its respective components, processes and design in its entirety.
14. Information and confidentiality
14.1 As an Account Holder, you represent, warrant and undertake that you have the legal right to post any information which you post to the Platform and posting of such information is not in breach of any confidentiality, non-compete, non-solicitation and/or any such obligations which you may be bound by.
14.2 Each Account Holder shall treat as strictly confidential the business, affairs and/or personal information of any other Account Holder obtained in connection with their use of the Platform, and that such Account Holder will not at any time thereafter make use of or disclose or divulge to any person any such information and shall use its best endeavours to prevent the publication or disclosure of any such information. Each Account Holder agrees and acknowledges that such confidential information includes the chat logs between Account Holders and/or PLAI Sport, if any. Where an Account Holder’s Account has been terminated, such Account Holder shall best efforts in deleting and/or destroying any such confidential information.
14.3 The restrictions in Clause 14.1 shall not apply to information or knowledge:
a. which may properly come into the public domain through no fault of the Account Holder so restricted; or
b. which the Account Holder is required by law, by an order of a court or tribunal of competent jurisdiction or by a regulatory authority having jurisdiction over the Account Holder to disclose.
14.4 This Clause 14 shall continue to apply after the expiration or termination of an Account Holder’s Account without limit in time.
15. Protection of personal data
16 Limitation of liability
16.1 Without prejudice to the remaining provisions of this Clause, you acknowledge and agree that your use and access of the PLAI Sport Service and/or the Platform is entirely at your own risk and you acknowledge that the PLAI Sport Service and/or Platform (and its associated components) are provided on an “as is” and “as available” basis. The PLAI Sport Service and/or the Platform (and its associated components) is not intended to address your particular requirements.
16.2 PLAI Sport Service and/or the Platform (and its associated components) may include inaccuracies and/or typographical errors. Changes are periodically made to the PLAI Sport Service and/or the Platform (and its associated components). Save as provided for in these General Terms, neither we nor our Agents make any representations and/or warranties, and to the fullest extent permitted by law, exclude all implied warranties (including but not limited to, warranties of satisfactory quality, title and fitness for a particular purpose) in respect of, but not limited to:
a. the suitability of the PLAI Sport Service and/or the Platform (and its associated components);
b. the accuracy, availability, reliability, completeness or timeliness of the PLAI Sport Service and/or Platform (and its associated components);
c. the results obtained from accessing and using the PLAI Sport Service and/or the Platform (and its associated components).
16.3 Furthermore, we do not represent or warrant that:
a. the functions contained in the PLAI Sport Service and/or Platform (and its associated components) will be uninterrupted or error-free;
b. defects (if any) will be corrected;
c. the PLAI Sport Service and/or the Platform (and its associated components) or the servers that make them available are free of viruses or other harmful components; nor
d. the use of any of PLAI Sport Service and/or the Platform (and its associated components) will not infringe the intellectual property rights of any third party.
16.4 Whilst we endeavour to charge the correct payment and/or fees accurately, we may inadvertently charge incorrect and/or inaccurate fees and/or charges and/or omit to charge certain fees and/or charges. In such instances, we reserve the right to amend and/or rectify such fees and/or charges when we become aware of any such error and/or inaccuracy. In the event that you are of the opinion that an error and/or inaccuracy has occurred, you are to notify us promptly (giving reasonable detail of such error and/or inaccuracy) and we shall use commercially reasonable efforts to investigate and to amend and/or rectify such error and/or inaccuracy if we in our sole discretion deem that such has occurred. Neither we, nor any our Agents will be liable to you for any such error and/or inaccuracy or deemed error and/or inaccuracy.
16.5 Neither we, nor any our Agents will be liable to you for:
a. any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we or any of our Agents have been advised of their possible existence; nor
b. any direct damage, loss or expense arising from a loss of Club Members, loss of profits, loss of anticipated profits, loss of savings, a security breach or a loss of data.
16.6 Without prejudice to Clause 16.5, neither we nor any of our Agents shall be liable to you for any direct or indirect damage, loss, expense and/or injury suffered by you, your Agents and/or any other person of whom you are Agent, arising out of but not limited to:
a. any viruses, worms, “Trojan horses” or similar programs, denial of service attack, spamming or hacking, or consequential damages, or any claim against us by any other party; or
b. any fault, inaccuracy, omission, delay or any other failure in the PLAI Sport Service and/or the Platform (and its associated components) caused by your computer equipment or arising from your use of the PLAI Sport Service and/or the Platform (and its associated components) on such equipment; or
c. any inaccuracies, errors in, and/or omissions from PLAI Sport Service and/or the Platform (and its associated components); or
d. any delays, interruptions or short-term or immaterial errors in the transmission or delivery of any part of the PLAI Sport Service and/or the Platform (and its associated components); or
e. any additions, deletions or changes made to the PLAI Sport Service and/or the Platform (and its associated components) at any time; or
f. in any way connected with the PLAI Sport Service and/or the Platform and/or its associated components); or
g. the use or inability to use the PLAI Sport Service and/or the Platform and/or its associated components); or
h. any reliance placed by you on the completeness, accuracy or existence of any advertising or marketing in respect of PLAI Sport Service and/or the Platform and its associated components; or
i. as a result of any relationship or transaction between you and any other Account Holder and/or third party, even if PLAI Sport has been previously advised of the possibility of such damages.
16.7 Without prejudice to Clauses 16.5 and 16.6, neither we nor any of our Agents shall be liable to you for any direct or indirect loss, damage or expenses arising by any reason of non-performance by us of these General Terms or any other provision and/or term of our agreement with you.
16.8 Without prejudice to the limitation of liability provisions above, in the event that you, as an Account Holder, incur any loss, damage or expense arising out of your use of the PLAI Sport Service and/or the Platform, you agree that our liability to you shall be limited to the sum of the fees which we have collected and retained from you in the three (3) month period preceding the date on which the claim arose.
16.9 You acknowledge and agree that we are not responsible for the investigation, defence, settlement, and discharge of any third party claim for intellectual property infringement, breach of contract or otherwise that is occasioned or committed by you.
16.10 Nothing in these General Terms shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable laws.
17.1 Users and/or Account Holders are responsible for the proper management of sports and/or activities organised or managed through the PLAI Sport Service and/or the Platform. PLAI Sport expressly disclaims that it assesses or monitors the suitability, quality, legality, and/or ability of any Account Holder and/or Club in respect of its conduct of sports and/or sports management whether through the PLAI Sport Service or otherwise. You expressly waive and release PLAI Sport from any and all liability, claims and/or damage arising from or in any way related to your participation in a Club, sports and/or activities organised or managed through the PLAI Sport Service.
18.1 You agree to indemnify and hold us, our Agents, licensors (if any) and sub-contractors (if any) harmless from and against all costs, claims, damages, loss, liability, demand and expenses (including economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis) which we might suffer or incur, arising whether directly or indirectly, by reason of:
a. your negligent act or omission, wilful default, misconduct or fraud;
b. your use of and/or access to the PLAI Sport Service and/or the Platform;
c. any determination we may make in respect of conflict and/or controversy between Account Holders pursuant to Clause 9;
d. your breach of any provision in these General Terms; and/or
e. your failure to comply with applicable laws.
18.2 For the avoidance of doubt, this indemnity shall extend (without limitation) to any damage and/or loss which we may suffer as a result of the use by third parties of your Account, except in circumstances where you can demonstrate to our satisfaction that such third party obtained the relevant details through no fault (including, without limitation, negligence) of your own.
19 Breach and termination
19.1 Notwithstanding any other provision in these General Terms, failure to comply with any provision under these General Terms constitutes a material breach. We will determine, in our sole discretion, whether any such breach has occurred. Where we suspect or determine that such a breach has occurred, or if there arise other issues which we consider, in our sole discretion, to be disruptive to our business and reputation, we may take such action as we deem appropriate at any time, with or without prior notice to you, including all or any of the following:
a. issuance of a warning to you;
b. restricting, suspending or terminating your use and/or access as a User and/or your access to and/or use of the PLAI Sport Service and/or the Platform, or any part thereof;
c. taking legal steps against you and/or instituting legal proceedings against you for your breach; and/or
d. the disclosure of such information related to your breach to law enforcement and/or other governmental authorities as we may feel is necessary.
19.2 For the avoidance of doubt, you shall not be entitled to any refund of any payment made by you, in the event of the restriction, suspension and/or termination of your use and/or access pursuant to Clause 19.1 (for any reason whatsoever), or in the event that we take any action pursuant to Clause 19.1 above.
19.3 The Account Holder may terminate their Account via the appropriate avenue in the PLAI Sport Service and/or the Platform provided that an Account Holder cannot give such notice of termination where there are any unpaid fees, any unpaid charges and/or any other breach of these General Terms.
19.4 Upon a termination, pursuant to Clause 19.1 or 19.3 above, all rights granted to you hereunder shall immediately cease and terminate, and you must immediately cease your access to and/or use of the PLAI Sport Service and/or the Platform, or any part thereof. Termination shall not affect PLAI Sport’s rights which have accrued against you prior to termination.
20.1 We may modify, amend or revise these General Terms at any time in the exercise of our sole discretion, with or without notice to you, and you agree to be bound by all such modifications, amendments and/or revisions (“Variations”). Such Variations will be notified to you by being posted on our Platform and Variations which are in our view, material, will be notified to our Account Holders. You are responsible for checking the Platform regularly for any posted Variations. A Variation will come into effect immediately upon the Variation being posted on the relevant part of the Platform and/or having been notified to Account Holders.
20.2 If you do not agree to any Variation to these General Terms, you are to stop accessing and/or using the PLAI Sport Service and/or Platform (and any of its associated components) immediately. Your continued access and/or use of the PLAI Sport Service and/or Platform (and any of its associated components) after a Variation has come into effect will constitute your assent to and acceptance of the Variation and the modified, amended and/or revised General Terms.
20.3 We may also update, change, remove or discontinue access to any of the PLAI Sport Service Platform (and any of its associated components) or change any aspect, features, component or content of the Platform (and any of its associated components) at any time, for any reason, with or without notice to you, in the exercise of our sole discretion, without liability. We therefore do not guarantee that any specific aspect, content, component and/or feature will always be available for the PLAI Sport Service and/or the Platform. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of the PLAI Sport Service and/or our Platform.
21.1 Any notice which is required to be given pursuant to these General Terms shall be made by email or via the Platform. For email and in your case, to the email address provided as part of your Account Information and, in our case, to the relevant contact as given in these General Terms, to the address posted on the relevant Site or otherwise notified to you in relation to these General Terms.
21.2 Any such notice as sent by email shall be deemed to have been received by the recipient on the day of transmission (and if on a day on which businesses in the recipient’s jurisdiction are not open for business, on the next business day).
22.1 These General Terms (including any terms incorporated by reference in these General Terms) constitute the entire agreement between us in relation to your access to and use of the Platform (and its associated components) and supersedes all prior agreements, negotiations and discussions between you and us relating to the same.
22.2 Headings in these General Terms are solely for convenience, and shall have no legal meaning or effect.
22.3 An entity who is not a party to these General Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce and/or enjoy the benefit of any provision and/or term of these General Terms.
22.4 These General Terms are governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute concerning these General Terms shall be subject to the exclusive jurisdiction of the Courts of Singapore.
22.5 If any provision of these General Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these General Terms, which shall remain in full force and effect.
22.6 We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, the provision of the PLAI Sport Service and/or the Platform (or any part thereof) or in the operation of the PLAI Sport Service and/or the Platform (or any part thereof), or any unavailability of the PLAI Sport Service and/or the Platform (or any part thereof), that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including without limitation:
a. acts of God, nature, explosions, floods, fire or accident, war or threat of war, terrorism or threat of terrorism, sabotage, civil disturbance, epidemics and/or prohibitions or measures of any kind on the part of any governmental, judicial, parliamentary or local authority, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties);
b. a failure or interruption in public or private telecommunication networks, communications channels or information systems;
c. acts or omissions of any third-party service provider or any other party for whom we are not responsible;
d. delay, failure or interruption in, or unavailability of, third-party services; and
e. viruses, other malicious computer codes or the hacking by any party of us or third-party services.
22.7 We may assign, sub-license and/or transfer our rights and obligations under these General Terms to another party without notice to you. This includes (but is not limited to) sub-contracting delivery of the functionality of part of or the entire PLAI Sport Service and/or Platform to any third-party service provider who operates the business relating to the relevant information, publication or data product forming part of that portion of the PLAI Sport Service and/or the Platform. You may not transfer, assign, sub-license and/or transfer any of your rights or obligations under these General Terms to another party, save with our prior written consent.
22.8 Failure or neglect by us to enforce at any time any of the provisions in these General Terms shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these General Terms or prejudice our right to take subsequent action.
23. Additional Terms
23.1 The following terms and policies are hereby incorporated into these General Terms by reference and provide additional terms and conditions related to specific aspects or features of your use of the PLAI Sport Service and/or the Platform (and its associated components):
23.2 You acknowledge and agree that you have read and understand the General Terms and all the above terms and policies and agree to be bound thereby.