1 INTRODUCTION
1.1. Welcome to PickYourPlayground. We are pleased you are looking at joining our tribe, and we look forward to helping you connect to become part of our adventure community.
1.2 We have created a unique space where ‘adventure owners’ and ‘adventure seekers’ can find each other seamlessly.
1.3 If you are an adventure business owner, our Site affords you a rare opportunity to instantaneously connect with a large niche audience. You can list and promote your products and services to the right people – people who really want and need what you have to offer. If you are an individual adventure seeker, you can use our site to obtain useful information, find special promotions, live events, associated merchandise; and book and pay online.
1.4 These General Site Terms and Conditions (“Terms of Use”), together with our Privacy Policy and other ancillary terms, set out the terms of our relationship with you. These Terms of Use have been designed to ensure that our Users form part of a positive, law-abiding community. They govern your use of the Site, whether as a guest or a registered User, with effect from the Commencement Date.
1.5. We provide content on the Site (which we regularly review and update, where necessary), offer certain Products to you and supply certain Services to you. All of the content on our Site, the Products that we offer and the Services that we provide to you, are made available to you subject to the disclaimers and limitations of liability set out in these Terms of Use, our Privacy Policy, and any applicable ancillary terms.
1.6. Please read through these Terms of Use carefully and in full before you use the Site. By using the Site, you undertake that:
1.6.1 you have read and understood these Terms of Use;
1.6.2 you accept these Terms of Use; and
1.6.3 you agree to abide by these Terms of Use, with effect from the Commencement Date.
1.7. When you purchase any of our Products or register for or subscribe to any of our Services, you are deemed to have accepted and consented to the Processing of your Personal Data, and to the use and practices set out in these Terms of Use and our Privacy Policy. Such acceptance is voluntary, but it is required in order for us to sell the Products to you and to provide the Services to you. If you do not agree with anything in these Terms of Use and/ or the Privacy Policy, or any of the changes made to them from time to time, then you may not use the Site, nor purchase any of our Products, nor register for, nor use any of the Services.
1.8. It is very important to us that the Site is a safe and secure space, where you can feel relaxed and know that we are looking after your rights and interests at all times. We take our legal obligations very seriously, which is why we have made sure that you can easily access these Terms of Use and the Privacy Policy, on our Site, at any time. Some of our terms, policies and procedures are unfortunately quite lengthy, but it is important to us that we cover all of the relevant issues, as they pertain to your rights and obligations, so that you are always clear as to where you stand with us.
1.9 If you have any questions about these Terms of Use, our Privacy Policy, or any applicable ancillary terms, please do not hesitate to contact our Data Protection Officer. The details of our Data Protection Officer are set out in clause 24 below.
2. DEFINITIONS KEY
2.1 We are required, throughout all of our terms, conditions, agreements, policies, and procedures, to make use of certain legal terms. Certain words will also have a very specific meaning, that is only applicable within the context of the document that you are reading. We appreciate that this can be confusing, and it is for this reason that we have created this Definitions Key clause to assist you.
2.2. This Definitions Key clause contains an explanation of all of the important terms (legal and otherwise) that are used in these Terms of Use and gives each word a specific meaning within the context of the clause that you are reading. Please refer back to this clause 2 whenever you are uncertain about the meaning or context of any word that you come across in these Terms of Use.
2.3. In these Terms of Use, clause headings are for convenience only and shall not be used in the interpretation of the document that you are reading.
2.4 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other gender; a natural person includes an artificial or juristic person and vice versa; the singular includes the plural and vice versa.
2.5 Unless the context clearly indicates a contrary intention:
2.5.1 words and expressions defined in the Definitions Key shall bear corresponding meanings in these Terms of Use; and
2.5.2. terms that are used in these Terms of Use that are specifically defined in the FDPL, are given the meanings ascribed to them in the FDPL.
2.6. In addition to other terms that have been defined in the body of this Policy, the following words have the following meanings:
“Biometric Data”
Personal Data resulting from Processing using specific technology relating to your physical, physiological, or behavioural characteristics, which allows for your identification or the confirmation of your unique identification, such as fingerprint data or a facial image;
“Business Days”
business days or standard working days mean any day other than a Saturday, Sunday or public holiday in the UAE;
“Commencement Date”
the first time that you access the Site, for any reason whatsoever, as a guest or as a registered User;
“Consent”
voluntary, specific, clear, informed and unambiguous consent that is provided by you through a clear affirmative statement or action, of your own free will, and without any undue influence from any person whatsoever;
“Contracted Third Parties”
third parties with whom we contract in order to be able to optimally perform our obligations and supply the Products and render our Services to you, including, but not limited to: service providers, affiliates, consultants, credit bureaus (to report account information, as permitted by law), insurance providers and other companies or persons that assist with parts of our business operations (including fraud prevention, bill collection, marketing and technology services);
“Data”
an organised or unorganised set of data, facts concepts, instructions, observations or measurements in the form of numbers, letters, words, symbols, images, videos, signs, sounds, maps or any other form, and including information;
“FDPL”
the Federal Data Protection Law 45 of 2021, together with any regulations promulgated in relation thereto, as amended from time to time;
“Fees”
the fees payable by you to us in respect of the Subscription Plan selected by you, the Products purchased by you, and/or the Services provided to you, exclusive of all applicable levies and taxes, as updated from time to time, and as more fully set out on the Site and in the General Site Terms and Conditions;
“Intellectual Property Rights”
intellectual property of all kinds and descriptions, together with all rights subsisting therein, whether statutory or at common law, including, all Proprietary Information, all copyrighted works, trade marks (whether registered or not), designs (whether registered or not), inventions (whether patented or not), software programs, procedures, methodologies, data and flow charts and all statutory registrations and applications therefor as at the Commencement Date, together with all improvements, developments and customisations of the aforegoing;
“Internet Usage Information”
includes, but is not limited to: your IP address; browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Site, and the dates and times that you visit the Site, paths taken, and time spent on sites and pages within the Site;
“IP”
Internet Protocol, meaning the set of rules governing the format of data sent via the internet or local network;
“ISP”
Internet Service Provider;
“Mobile Application”
the application software of PickYourPlayground, developed for mobile devices, which may be downloaded and installed on your mobile device, through which you may access certain information regarding your User account and certain Products and Services;
“Optional Information”
Personal Data that is provided by you to us on a voluntary basis, in addition to the Personal Data that is collected from your browser when you are on our Site or collected by us when you subscribe or sign-up to use our Services;
“Parties”
PickYourPlayground and the User collectively and “Party” shall mean either one of them, as the context may indicate;
“Personal Data”
any data which relates to a specific natural person, or a natural person who can be identified, directly or indirectly, through the linking of data, by reference to an identifier, as set out in terms of the FDPL (and any other applicable data protection legislation), and including Sensitive Personal Data and Biometric Data;
“Pick Your Playground”, “the Organisation”, “us”, “our” and “we”
PickYourPlayground LLC-FZ a company with Formation Number: 2422499; Trade License: 2422499.1; Tax Registration Number: 104751069600001; and GIBAN number: AE237350104751069600001, registered and incorporated with the Meydan Free Zone Authority;
“Platforms”
all online platforms and tools, subscribed to and operated by Pick Your Playground, that allow you to create, share, and exchange information and content with others, including but not limited to: Facebook, Instagram, LinkedIn, X, and TikTok;
“Process/Processing”
any operation or set of operations performed on Personal Data using any electronic means, including collecting, storing, receiving, using, recording, organising, categorising, characterising, combining, merging, adapting, transforming, formatting, collating, updating, modifying, retrieving, altering, circulating, sharing, exchanging, distributing (or otherwise making available or disclosing by transmission or broadcast in any form), disseminating, linking, restricting, blocking, degrading, erasing, deleting, destroying or removing Personal Data, or creating forms thereof;
“Products”
any products offered for sale on the Site from time to time;
“Proprietary Information”
any and all know how, trade secrets and data/ information of a proprietary and/or confidential nature, including data/information of a Party that the other Party should reasonably have known to be proprietary or confidential in nature;
“Sensitive Personal Data”
any data that directly or indirectly discloses a natural person’s family, ethnic origin, political or philosophical opinions religious beliefs, criminal record, Biometric Data or any data relating to the health of such person, including their physical, psychological, genetic or sexual health, and including information relating to the provision of health care services which may reveal their health status;
“Services”
all of the services provided by Pick Your Playground to you in accordance with the General Site Terms and Conditions, and all of our ancillary terms, consisting of, inter alia:
a platform where: individuals can access information and exchange ideas; find trusted
service providers; get tried and tested recommendations; share valuable resources; find and make bookings at events, restaurants and meetings; and access news articles, blogs, group posts, news and other relevant and interesting links; and business owners can list products, services, and events, inclusive of all ancillary and related services, and all modifications, enhancements, updates and additions to the Services, together with any support services required by you in relation to the Services;
“Site”
collectively the Mobile Application and the Platforms, and any website or mobile website that we may create in relation to the Products and Services from time to time;
“Subscription Plan”
the monthly, annual or other subscription plan that you select and register for, which allows you to make use of certain Services;
“UAE”
United Arab Emirates;
“URL”
Uniform Resource Locator; and
“User”, “you”, “your” and “yourself”
any person who visits the Site, purchases the Products, or makes use of the Services offered by PickYourPlayground, for any purpose whatsoever.
3. WHO DO THESE TERMS OF USE APPLY TO
These Terms of Use apply to you if you:
3.1 are a guest on our Site, a business associate or another interested party;
3.2 are a business owner, listing your products or services on our Site;
3.3 purchase any of the Products on our Site, or register for any of the Services on our Site;
3.4 contact or communicate with us via our Site or opt-in to any marketing communication from us; or
3.5 provide feedback, send messages, or make available any other content on our Site.
4 CHILDREN’S PRIVACY
Our Site is not targeted at children, nor is it intended for use by anyone under the age of 21 (Twenty-One) years old. We have no intention of Processing information about children through the Site and we will use our best endeavours not to knowingly Process information from children through the Site. You may not use our Services if you are younger than 21 (Twenty-One) years old and/or do not have legal capacity to conclude legally binding agreements. By registering to use the Services, you warrant that you are over the age of 21 (Twenty-One) years old and/or have the necessary authority to register for the Services and to agree to this Privacy Policy and the terms of use set out herein.
5 GEOGRAPHIC RESTRICTIONS
PickYourPlayground is incorporated and based in the UAE. Whilst our Site and our Services may be accessed from anywhere in the world, access to the Services may be restricted, limited, or prohibited in certain jurisdictions, in terms of legislation or otherwise. If you access the Site and/or the Services from outside of the UAE, it is your responsibility to ensure that in doing so you comply with all local legislative and regulatory requirements, and we will accept no responsibility or liability in this regard.
6 ACCESSING OUR SITE
6.1 As a guest, you will be able to access many of the features of the Site without having to register any details with us. Insofar as our Mobile Application (“the App”) is concerned, you will need to register with us and create a User profile in order to access the unique features that the App has to offer.
6.2 If you are a business owner wanting to list your products and services on the App, you will be required to subscribe to Pick Your Playground and create a User account with us.
6.3 It is your responsibility to ensure that:
6.3.1 your User profile/account is accurate and up-to-date and that you do not misrepresent yourself, either through providing false information on your User profile/account, or through any omission by you; and
6.3.2 you comply with all applicable laws, including, but not limited to: privacy laws, intellectual property laws, electronic and digital laws, tax laws and regulatory requirements.
6.4 PickYourPlayground is not responsible for the accuracy of your User profile/account, nor for the accuracy of any product, service or destination descriptions, activity/ event details, pricing, directions, or any other information posted on our Site.
6.5 You are responsible for making any and all arrangements necessary in order to access the Site. This includes acquiring, maintaining, and licensing all computer hardware, software, telecommunications facilities and internet connections required for you to access and use the Site. It is your responsibility to ensure that all hardware, software and facilities procured by you are compatible with the Site.
6.6 You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, our Privacy Policy and any applicable ancillary terms, and that they agree to comply with them.
6.7 If you choose, or are provided with, a User identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any User identification code or password (whether chosen by you or allocated by us), at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms of Use, our Privacy Policy, or any applicable ancillary terms.
6.8 We aim to update our Site regularly, and we may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely (such as in the unlikely event of a security breach).
6.9 When accessing the Site, you must at all times comply with the provisions of our acceptable use policy outlined in clause 8 below.
7 AVAILABILITY
7.1 Although we will take all reasonable steps to ensure that the Site is available 24 (twenty-four) hours a day, every day, the Site may sometimes be unavailable as a result of maintenance, upgrades and/or other technical issues. We will not be:
7.1.1 obliged to notify you of any downtime or unavailability of the Site; or
7.1.2 liable for any claims, losses, damages or expenses incurred by you if the Site is unavailable at any time.
7.2 We reserve the right, in our sole discretion, to:
7.2.1 update or amend these Terms of Use;
7.2.2 terminate the Site, or to change the name, domain name or address of the Site, without any notice to you;
7.2.3 restrict access to the Site (or any part of it) to Users who have registered to use the Services;
7.2.4 deny or terminate all or part of your access to the Site where, in our opinion, there are concerns regarding unreasonable use, security or unauthorised access, or where you have breached any provision of these Terms of Use, our Privacy Policy, or any applicable ancillary terms; or
7.2.5 block or suspend your User profile/account, remove your default settings, or part thereof, without prior notice to you.
8 ACCEPTABLE USE OF THE SITE
8.1 You may only access and use the Site in a lawful manner and in accordance with all applicable legislation.
8.2 You may print and download material from the Site, provided that you do not collect, reproduce, publish, republish, adapt, decompile, reverse engineer, disassemble, rent, lease, loan, sell, resell, sublicense, or create derivative works from the Site or the content on the Site, without our prior, written Consent. The use of any materials, content, or resources provided by us or may available on the Site does not transfer or grant any rights of ownership or use of intellectual property to you.
8.3 You may not attempt to override any security feature or bypass or circumvent any access controls or use limits of the Site or the Services.
8.4 Any material that you send or post to the Site, or in connection with the Services, shall be considered non-proprietary and not confidential.
8.5 When using the Site, you shall not post or send to or from the Site any material:
8.5.1 which you are not permitted to post or send, or for which you have not obtained all necessary Consents, permissions, permits and/or licences;
8.5.2 that is discriminatory, obscene, pornographic or defamatory;
8.5.3 that is liable to incite racial or cultural hatred;
8.5.4 that is in breach of confidentiality or privacy;
8.5.5 which may cause harm, annoyance or inconvenience to others;
8.5.6 which encourages or constitutes conduct that would be deemed a criminal offence or give rise to civil liability;
8.5.7 that is in contravention of any applicable local, national or international law or regulation;
8.5.8 that has the purpose of har