Terms of Service
Last Updated: 03/01/2024
1. Acceptance of Terms of Use Agreement.
By creating a PGRaters account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our website on pgraters.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
2. Eligibility & Member Account
Refer to PGRaters Privacy Policy to understand how PGRaters collects, uses and discloses your personal information. The Service is not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not register or submit any personal information to the Service.In order to use PGRaters, you may sign in using Facebook login or Google login. If you do so, you authorize us to access and use certain Facebook or Google account information, including but not limited to your public profile and information about connections you share in common with other PGRaters' users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.You are responsible for maintaining the confidentiality of your login credentials you use to sign up for PGRaters, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact support@pgraters.com.
3. Your Liability
You are solely responsible for your activities on our Service, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify PGRaters and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.Furthermore, PGRaters takes no responsibility for any damages, injuries or other consequences that occur from you using PGRaters content. You accept all responsibility and release PGRaters from any liability arising out of or relating to your use of such content.
4. Fees and Charges.
The Service, the Apps and all functionality provided by the Apps are currently provided to you free of charge. But certain fees and charges may be incurred during your use of the Service:
- Our fees; There is a service charge applied to each payment when organizers choose to collect money via the PGRaters app. We reserve the right to increase or decrease our service charge in the future.
- Payment Gateway fees; We might utilize different payment gateways, such as Paystack and Stripe to name a few, to collect funds through the app. Consequently, these payment processors also impose service fees on each transaction.
- Organizer fees; Each session on the App is organised by an actual organiser, and in general the organizers reserve the right to require you to pay a fee to take part in the session.The organiser is responsible for communicating clearly the fee payable in the App, and you are responsible for paying such fees should you attend the session.
You acknowledge that these charges may apply to you and when using a credit or debit for such fees, you warrant that you are an authorized user of such card, and you agree to pay all charges resulting in your reservation of any session or event. You agree that we may pass your credit/debit card information to our designated service provider(s) for their use in charging you for the reservation.We also reserve the right to charge fees in the future for your use of the Service as well as any specific functionality provided by the App such as in-app purchases or subscriptions.
5. Safety: Your Interactions with Other Users.
Though PGRaters strives to encourage a respectful user experience through features like giving ratings and reviews that only allows users to communicate with one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PGRATERS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PGRATERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PGRATERS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. No Warranties
The site and the materials contained therein are provided on an ”as is" and "as available" basis without warranties of any kind, express or implied. You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. PGRaters disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site and mobile app. PGRaters does not represent or warrant that materials in the site or app are accurate, complete, current, reliable or error-free.PGRaters is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or app and its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
7. Links and Third Party Content
PGRaters or third parties may provide links on the Service to other sites or content. PGRaters has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. PGRaters provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
8. Modifying the Services and Termination.
PGRaters is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. PGRaters may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate.
9. Trademarks and Service Marks
"Playground Raters", "pgraters.com", "PGR" and "PGRaters" logos are trademarks, service marks or registered trademarks of PGRaters Inc. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of PGRaters or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without PGRaters permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of PGRaters, and may not be copied, imitated, or used, in whole or in part, without PGRaters prior written permission. All other PGRaters names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PGRaters. Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder`s rights. You agree that you will not use our Service to infringe anyone`s intellectual property rights. We will investigate copyright infringement claims if they are reported to us tosupport@pgraters.com.
10. Remedies for Breach of these Terms
We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody`s personal safety or uses offensive language. We may: (i) disclose user`s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user`s IP address, notify user`s Internet Service Provider, (iii) suspend or terminate any account on our Service (iv) moderate any content submitted to us, (v) take any other action provided for in these Terms and Conditions..Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
11. Indemnification
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney“s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
12. Governing Law; Arbitration
The laws of Nigeria, shall govern all matters relating to this Agreement and use of the PGRaters Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in the Nigeria, SAR, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Nigeria.The successful party to the arbitration or any litigation relating to this Agreement or the PGRaters Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
13. Prohibited Conduct
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service.
- You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure Codes).
- You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
- You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation.
- You agree not to use an account name, file or directory name, or third level domain (i.e., www.pgraters.com), or other identifier that infringes or misappropriate any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services.
- You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
- You agree not to act in any manner that negatively affects other users' ability to use the Service.
- You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You agree not to post content that would be harmful to minors in any manner.
- You agree not to intentionally create and/or log in with multiple accounts.
14. Contact Us
Please submit your inquiries to support@pgraters.com.
