Terms & Conditions & Privacy Policy
This Platform (referred to as the “Platform” hereafter), accessible through applications, websites, or any other mediums, is the property of PLATINUM ACCESS FZC, a corporation registered in the United Arab Emirates. Our registered address is Platinum Access FZC, Al Shmookh Business Center, One UAQ, UAQ Free Trade Zone, Umm Al Quwain, United Arab Emirates. Throughout this document, terms such as “us,” “we,” “our,” and “PLATINUM ACCESS” pertain to PLATINUM ACCESS FZC.
Your utilization of the Platform is subject to the regulations outlined within these terms and conditions (“Terms and Conditions”). It is incumbent upon you to routinely peruse these Terms and Conditions, as we maintain the prerogative to modify them without advanced notification. Through your persistent use of the Platform, you express your comprehensive consent to abide by these Terms and Conditions. Should you be unable to form a legally binding agreement in conformity with pertinent legislations or if you find yourself in disagreement with these Terms and Conditions in their entirety, you are precluded from utilizing the Platform and should promptly cease its usage.
1. Introduction.
1.1 Definitions.
“Platform” refers to the interface we furnish, granting you access to PLATINUM ACCESS. This accessibility can be facilitated through our mobile application, website, or any other apparatus enabling interaction with our platform.
“Member” pertains to individuals such as social media influencers, socialites, celebrities, models, promoters, presenters, or those possessing influence, duly accepted by PLATINUM ACCESS. Such individuals are provided with an account, thereby rendering them eligible to partake in Promotions (as elucidated below).
“Service Provider” denotes any entity encompassing designers, venues, events companies, brands, service providers, product owners, or other entities sanctioned by PLATINUM ACCESS to extend Promotions for the benefit of Members.
“Promotion” or “Promotions” encompass any event, product, service, or analogous offering which the Service Provider seeks to make available for utilization by a Member, aligned with the stipulations elucidated in these ensuing Terms and Conditions.
1.2 Third Party Terms and Conditions.
Specific functionalities of our Platform may be subject to terms and conditions imposed by third parties. These may encompass, without limitation, the utilization of services, products, the regulations governing venues or events, and the terms associated with various types of Promotions. Members and Service Providers are bound by these third-party terms and conditions as if they were incorporated herein. However, it should be noted that these third-party terms and conditions act as supplementary to, not as replacements or exclusions of, these Terms and Conditions.
We exclusively provide a Platform facilitating Members’ access to Promotions and enabling Service Providers to extend such Promotions. We neither employ any Members nor maintain affiliations with Service Providers and/or Promotions. The stipulations of the relevant Promotion are subject to the terms and conditions established by the respective Service Provider.
Members bear the responsibility of acquainting themselves with the terms and conditions of the Service Provider before consenting to a Promotion, and they are obligated to adhere to these terms and conditions throughout the entirety of the Promotion.
Service Providers are obligated to ensure the legality, reasonableness, and accessibility of their terms and conditions. These terms and conditions can diverge from one Service Provider to another and may be revised without prior notice. Such terms and conditions are inherently interwoven with these Terms and Conditions, and any third-party Service Provider retains the right to enforce them against you.
1.2.1 License for Usage. Subject to the remaining provisions outlined within these Terms and Conditions, we hereby extend to you a non-transferable, non-exclusive, revocable, and limited license to utilize and gain access to our Platform. This license is granted in strict accordance with these Terms and Conditions. However, please be advised that we retain the prerogative to rescind any or all of these permissions at our discretion and at any point in time.
1.2.2 Lawful Intent: By accessing our Platform, you commit to employing it solely for lawful purposes, refraining from any actions that might infringe upon the rights of third parties or hinder their utilization and gratification of the Platform, whether they be third parties, Members, or Service Providers.
1.3 Specified Limitations.
The entitlements bestowed upon you by these Terms and Conditions are contingent upon the subsequent restrictions:
1.3.1 You are prohibited from and must abstain from altering, creating derivative works from, disassembling, reverse compiling, or reverse engineering any segment of our Platform or any of its constituent content.
1.3.2 You are not allowed, and you must refrain from, utilizing our Platform with the intention of constructing a comparable or competitive website, Platform, product, or service.
1.3.3 Unless explicitly stated otherwise in these Terms and Conditions, no component of our Platform may be duplicated, altered, replicated, distributed, published, downloaded, exhibited, posted, or transmitted in any manner or through any medium. This encompasses, but is not confined to, linking, framing, hyperlinks, or deep-linking into any other website or platform, without obtaining our explicit written consent.
1.3.4 You are required to preserve all copyright and other proprietary notices found on our Platform (or on any exhibited content) on all copies thereof, ensuring that the source is visibly and unmistakably presented.
1.3.5 Unless expressly specified otherwise, any forthcoming release, update, or other augmentation of the features on our Platform shall be governed by these existing Terms and Conditions.
1.4 Modifications.
It is advisable for you to regularly and systematically review these Terms and Conditions, as we maintain the authority to revise or alter them, suspend or terminate our Platform, the Promotions, or your access to them, without prior notification to you.
1.5 Absence of Support, Maintenance, or Safeguarding.
You acknowledge and consent that we are under no obligation to furnish you with any form of support or maintenance pertaining to our Platform or your utilization thereof. Moreover, we cannot assure the absence of viruses or other detrimental code within our Platform that might potentially compromise the device from which you access it. Consequently, it rests solely upon your shoulders to ensure that your device is sufficiently fortified against such potential risks.
1.6 Duration.
These Terms and Conditions shall persist in their validity and application throughout the entirety of your engagement with our Platform. This extends to all scenarios, without any restrictive implications, including but not limited to, instances when you register as a Member, communicate a Promotion to us, participate in a Promotion offered by a Service Provider, or engage with our Platform for any other intent or method whatsoever. These Terms and Conditions, as they may be revised periodically, shall continue to be binding and in effect in each and every aforementioned circumstance.
2 . Service Description.
2.1 We offer an internet-based Platform that facilitates the interaction between Service Providers and Members. Through this Platform, Service Providers gain access to Members, while Members gain access to Promotions. The process involves a Service Provider submitting a Promotion request to PLATINUM ACCESS. Subsequently, PLATINUM ACCESS handles this request internally, leveraging its membership database for necessary actions.
2.2 The Service Provider is required to initiate a Promotion request to PLATINUM ACCESS via its designated account (detailed further in the subsequent section). Following this, PLATINUM ACCESS will validate the Service Provider’s request and determine whether to proceed with its execution. However, it remains within PLATINUM ACCESS’s exclusive discretion to select which Promotions to execute and which ones to decline. Generally, requests will be processed on a first-come-first-serve basis. We retain the right to decline any request, encompassing but not confined to requests that we deem unfeasible, inappropriate, potentially detrimental to our reputation, or for any other grounds.Please be aware that during periods of high request volumes, PLATINUM ACCESS might be unable to accommodate every request. Confirmation of a request will be delivered within 24 hours from the moment the Service Provider submits it. Nevertheless, there might be instances where further clarifications are necessary before confirmation can be granted. When formulating such a request, specific details must be supplied as prompted, including particulars such as the date, time, and other relevant information.
2.3 Upon PLATINUM ACCESS’s acceptance of a Promotion request, it will leverage its insight into Members and a diverse array of Promotions to identify the most suitable Members for that specific Promotion. These selected Members will then receive comprehensive information regarding the Promotion. They will be solicited to partake in the Promotion, and the decision to accept or decline this request rests with each Member. Once a Member’s acceptance is confirmed, they are obligated to uphold the following expectations: punctuality, appropriate attire, proper conduct, and comportment befitting a reasonable and respectful individual representing PLATINUM ACCESS in the same circumstances.
In summary, the sequence of actions is as follows:
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- PLATINUM ACCESS approves a Promotion request.
- Appropriate Members are identified and provided with Promotion details.
- Members are invited to participate and can accept or decline the invitation.
- Confirmed Members are required to adhere to specified conduct guidelines during the Promotion.
2.4 The Member is obliged to publish content related to the Promotion on their social media profiles, encompassing platforms such as Instagram, among others. The input received from the Service Provider regarding a Member’s performance (elaborated upon in greater detail in clause 3.4) shall encompass the stipulations outlined within this clause. These stipulations are deemed a prerequisite and an integral component of engaging in and benefiting from a Promotion.
3. Establishing an Account with Us.
3.1 Account Accuracy and Responsibility:
You are accountable for ensuring the precision of the details you furnish during the process of creating an account with us. It is imperative that any information you provide is submitted in good faith, with truthfulness, accuracy, and the absence of any misleading content, as of the date of submission. It is recommended that you periodically review and verify the information we possess to ensure its accuracy. You maintain the ability to modify or remove the information saved within your account as needed. To validate and maintain the accuracy of the data you’ve provided, we may request supplementary documentation or information. We assume no responsibility for any costs, expenses, or liabilities arising from inaccurate information provided by you.
3.2 Maintaining Professional Conduct:
Every interaction between Members and Service Providers is expected to uphold a standard of appropriateness and professionalism without exception.
Service Provider Feedback:
Service Providers have the opportunity to offer their feedback on Promotions. This feedback is gathered through responses to specific questions subsequent to the completion of Promotions. The inquiries may encompass aspects such as punctuality, behavior throughout the Promotion, adherence to social media posting obligations (such as on Instagram), the content of such posts, and more. Furthermore, Service Providers might also have the option to provide an overarching assessment of a Member’s overall performance.
Impact on Member Eligibility:
Positive reviews garnered by a Member can contribute to an increased eligibility for future Promotions. As a Member accumulates more favorable reviews, they enhance their potential to participate in additional Promotions.
3.3 It is imperative that, as a Service Provider submitting a Promotion or as a Member utilizing our Platform, participating in a Promotion, and sharing such Promotion on your social media, you ensure the following at all times:
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- Adherence to Applicable Laws: Your Promotion, actions, and content must consistently conform to relevant laws, rules, and regulations.
- Avoidance of Infringement: You must refrain from infringing upon the intellectual or proprietary rights of any third party.
- Accuracy and Truthfulness: Your actions must not involve the promotion, inclusion, or display of information that is in any way inaccurate, false, or misleading. This incorporates refraining from impersonating or attempting to impersonate any other individual.
- Non-Offensive and Legality: Your conduct and content must steer clear of any offensive, illegal, or inappropriate content. This entails avoiding the presentation of pornographic or sexually explicit material, both within your profile picture and any other context.
- By abiding by these principles, you contribute to fostering a responsible, respectful, and lawful environment as a Service Provider or Member within our Platform.
3.4 Ensuring Account Security:
Safeguarding your login details is your primary responsibility. It is imperative that you maintain the confidentiality and security of your login information consistently. By agreeing to these terms, you commit to refraining from allowing any other individual to utilize your username and password. Furthermore, you shall not reveal or furnish any person with your username, password, or any other information that could potentially grant them access to your account.
You remain accountable for any and all activities conducted through or associated with your account. It is explicitly clarified that you are prohibited from utilizing the account of any other person, or establishing multiple accounts for yourself, particularly if your account has been suspended or deleted by us for any reason.
It is important to note that we do not bear responsibility for any actions or activities that occur through your account. Thus, it is imperative that you exercise due diligence and prudence in maintaining the security and confidentiality of your account information.
3.5 If you find yourself in a position where you need to register a complaint, whether you are a Member or a Service Provider, you have the option to formally submit your complaint or feedback to us in writing. You can direct your complaint to the email address specified at the conclusion of these Terms and Conditions. This allows for a structured and documented approach to addressing any concerns you may have.
3.6 Once your account creation process is completed successfully, a profile will be generated for you on our Platform. This profile will encompass details about you, potentially encompassing elements such as your profile picture, a hyperlink to your Instagram account, your age, email address, phone number, and any other pertinent information we deem essential. It is important to note that we retain the authority to distribute this information in accordance with our discretion, without any limitations or exemptions.
Additionally, please take the time to acquaint yourself with the stipulations outlined in clause 7.2 of these Terms and Conditions, as they pertain to this matter.
3.7 Should you wish to engage PLATINUM ACCESS in the facilitation of requests for Members to access specific Promotions as a Service Provider, or if you intend to join as a Member and avail Promotions, it is obligatory to establish an account with us. The prerequisites for such actions will be communicated to you during the process of account creation. Upon furnishing the stipulated information and formally submitting your account creation request, your application will undergo an evaluation by PLATINUM ACCESS.
It is within the sole discretion of PLATINUM ACCESS to either approve or reject any application to create an account. Furthermore, PLATINUM ACCESS retains the prerogative to suspend your membership and/or terminate your account, should it choose to do so, without any prior notification or obligation to provide explanations.
Once your account is approved, you will receive a confirmation email from us. This confirms the successful creation of your account and signifies your eligibility to engage with PLATINUM ACCESS in the capacity you have chosen, either as a Service Provider or as a Member.
4. Exclusion Of Liability.
4.1 The Member and the Service Provider mutually acknowledge that when a Member participates in a Promotion, this act constitutes an agreement forged solely between that specific Member and the corresponding Service Provider. Both parties agree that their respective responsibilities are distinct and apply in their roles as Service Provider or Member throughout their engagement with our Platform.
As a Service Provider, you are exclusively accountable for your Promotions, and as a Member, you bear the responsibility for your actions at all times while utilizing our Platform. We provide no assertions, guarantees, or warranties concerning Members or Service Providers, including but not limited to the quality of Promotions or the behavior of Members or Service Providers, the stipulations governing the availing of a Promotion, a Member’s obligation to attend a Promotion, or the availability of Promotions or Members during your use of our Platform.
It is essential for both Members and Service Providers to exercise prudence and practical judgment when interacting with each other. Each party assumes the duty of safeguarding themselves and their property at all times.
4.2 Engaging in any form of prostitution through our Platform is strictly prohibited. This prohibition extends to all manifestations and implications of prostitution. To emphasize this point, we assert our right to suspend and terminate your access to our Platform upon discovering any such activities. Our Platform is exclusively intended for the engagement of Members in availing Promotions, as outlined in these Terms and Conditions. We neither support nor endorse the actions of any Member, nor do we endorse the conduct of Service Providers or any third party.
A Service Provider is explicitly prohibited from placing a Member in any situation that implies, encourages, or coerces them into providing sexual acts in any manner. Similarly, Members are barred from proposing, advocating, or promoting any form of sexual acts in any capacity. Should any Member or Service Provider violate the stipulations of this clause, their access to our Platform will be suspended, and we may report the matter to law enforcement authorities.
This stance underscores our commitment to maintaining a safe, respectful, and lawful environment within our Platform.
4.3 Independence of Members and Service Providers:
Both Members and Service Providers are regarded as independent contractors. As a result, we neither possess control over their actions nor accept any form of responsibility for their activities in any capacity. You are hereby obligated to indemnify and protect us, as well as our affiliates, officers, employees, and agents, from all claims and demands (including reasonable legal costs and attorney fees) that may arise from (a) your utilization of our Platform and the Promotions, (b) your breach of these Terms and Conditions or any other terms or guidelines cited herein (including those of third parties or Service Providers), or (c) your infringement of pertinent laws and regulations.
We retain the prerogative, at your expense, to assume exclusive defense and management of any matter necessitating your indemnification. You pledge to collaborate fully with us in this regard and not to reach any settlement without obtaining our prior written consent. In instances of such claims, actions, or proceedings, we will exert reasonable efforts to inform you as soon as we become aware of them.
4.4 For the purpose of clarity, it is explicitly stated that we shall not bear any responsibility whatsoever for any form of liability, costs, expenses, losses, or damages, including those affecting property or individuals, be it through injury or any other means, resulting from the actions of a Service Provider, Member, or any third party. By accepting these Terms and Conditions, you are agreeing to indemnify and safeguard us from any and all forms of liability, damages, claims, costs, losses, or expenses (inclusive of reasonable legal fees) incurred due to your actions or omissions pertaining to a Promotion or these Terms and Conditions. This encompasses any claims, suits, or analogous actions.
5. Non-Circumvention.
5.1 During your utilization of our Platform and for a duration of one (1) year subsequent to the conclusion or expiration of these Terms and Conditions, you, in your capacity as a Service Provider, are prohibited from soliciting any Member or engaging in any direct or indirect agreements or arrangements with any Member outside of our Platform. It is emphasized that this restriction extends to encompass all scenarios.
Furthermore, you agree that if you engage or enlist the services of another labor agency, individual, or service provider (“Agency”), you are bound to ensure that said Agency refrains from establishing any form of arrangement with a Member. It is crucial to comprehend that the Service Provider acknowledges the gravity of any infringement or breach of the obligations stated within this clause, which could potentially result in significant losses and business opportunities for PLATINUM ACCESS.
To eliminate any potential ambiguity, it is explicitly stated that subscription fees are strictly non-refundable, even in the event of a breach of this clause or any other grounds.
5.2 Throughout your tenure as a Member within our platform, and for a span of twelve (12) months subsequent to the removal of your account and discontinuation of your usage of our Platform, you are prohibited from directly or indirectly establishing any contract, arrangement, or form of employment with any entity or third party that operates in competition with PLATINUM ACCESS. Additionally, you are barred from providing counsel or guidance to any individual engaged, interested, or involved in a business that currently engages in or is intending to engage in activities that compete or will compete with PLATINUM ACCESS.
Your involvement, as a Member, is to be exclusively devoted to PLATINUM ACCESS for all Promotions as delineated by these Terms and Conditions. This clause is devised to ensure the safeguarding of PLATINUM ACCESS’s interests and to maintain the exclusive nature of your affiliation with us during the specified period.
5.3 Additionally, both the Member and the Service Provider acknowledge that our Platform serves as a means to facilitate and finalize transactions (“Transactions”) between Members and Service Providers. In light of this understanding, the Member and the Service Provider mutually concur and pledge not to directly or indirectly obstruct, bypass, attempt to bypass, elude, or sidestep PLATINUM ACCESS’s involvement in any Transactions transpiring between them. Furthermore, they commit to refraining from nullifying or interfering with the dynamic between themselves, or between either of them and PLATINUM ACCESS, and its associates, with the intention of obtaining any form of advantage, be it financial or otherwise.
Both the Member and the Service Provider additionally undertake not to engage any third party for the purpose of evading the conditions outlined within this paragraph. This provision underscores the importance of maintaining the integrity and exclusivity of the Transaction process within our Platform.
5.4 We retain the authority to suspend any account or individual from accessing our Platform in the event of a breach of this clause. Furthermore, we reserve the option to pursue additional remedies via legal channels to address such breaches. This stipulation underscores our commitment to enforcing the terms and conditions outlined within this clause and the overall integrity of our Platform.
6. Payment.
6.1 It is important to reiterate that our role is solely that of a Platform provider, facilitating access for Members to Promotions extended by Service Providers. The execution of Promotions will be carried out in accordance with the terms and conditions set forth by the respective Service Provider. These terms and conditions encompass various aspects, including but not limited to cancellation policies, payment terms, and liability clauses, as applicable to the particular Promotion.
6.2 For those acting as Service Providers, the process entails procuring a subscription from us, a requisite for submitting Promotion requests to PLATINUM ACCESS. Service Providers have the flexibility to opt for subscription plans spanning monthly, bi-yearly, or yearly intervals. The costs corresponding to each payment option are specified upon subscription. It is noteworthy that your initial month of subscription is offered complimentary, a testament to our confidence in the quality of our Platform. Following this introductory period, standard subscription charges will be applicable.
It is crucial to acknowledge that the subscription fees are non-refundable, underscoring our commitment to maintaining consistent service provisions and support.
6.3 Payments for subscription fees will be executed through a credit card registered by the Service Provider within their account. This process is facilitated through a secure connection established by one of our third-party payment providers, ensuring the confidentiality of your financial information. The subscription payments will be authorized for automatic processing, adhering to the stipulations of the chosen subscription payment package.
In instances where your credit card is no longer valid or has expired, impeding the payment process, you will be unable to confirm a booking request until the successful completion of the payment. It is important to note that we retain the right to delete any accounts that remain inactive and unpaid.
By employing this payment mechanism, we aim to streamline the subscription process while maintaining the security and efficiency of financial transactions.
6.4 While subscription payments are inherently non-refundable, you retain the ability to terminate your subscription at any time. To do so, you are required to provide written notice to us. Subsequent to receiving your notice, no further subscription payments will be deducted from your credit card, and your account will be promptly deleted. This mechanism ensures that you have the autonomy to discontinue your subscription while adhering to the non-refundable nature of the subscription fees.
7. Intellectual Property.
7.1 Regarding the ownership of intellectual property rights, which encompass copyrights, patents, trademarks, and trade secrets (collectively referred to as “Intellectual Property”), it is established that these rights pertaining to our Platform and its content are possessed and shall continue to be owned by us or our applicable third-party suppliers.
It is expressly emphasized that these Terms and Conditions, along with your access to and usage of our Platform and the Promotions, do not confer, transfer, or grant to you or any third party any rights, title, or interest in or to the aforementioned Intellectual Property, except for the explicitly outlined limited access rights as detailed in clause 1.3.
We retain all rights that are not expressly granted within these Terms and Conditions, and the same prerogatives extend to our third-party providers. This clause reaffirms that no implied licenses are granted under these Terms and Conditions or by virtue of your utilization of our Platform, thereby safeguarding the delineation of ownership and rights pertaining to the Intellectual Property.
7.2 We want to clarify that we do not assert any ownership or intellectual property rights over the content that you post on your Instagram or any other social media platforms. However, it’s important to note that when you display or publish (i.e., post) any content associated with a Promotion on your Instagram or other social media accounts, you are hereby granting us a non-exclusive, fully paid, royalty-free, worldwide, and unrestricted license and right to use the provided content.
This license encompasses various permissions, including but not limited to the public display, reproduction, and modification of the content. It also grants us the ability to distribute all or parts of the content across various media forms and channels. However, it’s important to clarify that this license does not cover content that is not intended for public sharing.
This provision ensures that we have the necessary permissions to promote and showcase content related to Promotions, while maintaining the understanding that you retain ownership and control over your original content.
8. Third-Party Links & Ads; Other Users.
8.1 Our Platform might include links to third-party websites and services, as well as display advertisements for third parties (referred to as “Third-Party Links & Ads”). It is important to understand that we do not engage in the review, approval, monitoring, endorsement, warranty, or representation of any kind concerning any Third-Party Links & Ads that are present on or accessible through our Platform. As such, we explicitly disclaim any and all liability related to such Third-Party Links & Ads.
The inclusion of Third-Party Links & Ads is intended to enhance your convenience. However, it’s crucial to acknowledge that your utilization of any Third-Party Links & Ads is at your own risk. It’s probable that accessing these links will entail the application of additional terms and conditions, which may include aspects such as the privacy and data collection practices of the third party in question.
Prior to engaging in any transactions associated with or accessing any Third-Party Links & Ads, it is advisable to conduct any necessary investigations you deem appropriate. This proactive approach helps ensure that you are well-informed and comfortable with your interactions with third-party entities.
8.2 It is of utmost importance to recognize that your interactions with fellow Platform users and/or third parties are exclusively between you and the aforementioned parties. We shall not bear any responsibility for any form of loss, damage, cost, expense, or liability arising from such interactions, including those involving Members and Service Providers.
In the event of a dispute between you and any other user of the Platform (be it another Member, Service Provider, or a third party), we are not obligated to intervene or mediate in the situation. Our involvement or defense in such disputes is not mandated, affirming that the resolution of these matters remains the responsibility of the involved parties. This provision emphasizes the individual accountability of users in managing their interactions and disputes while using our Platform.
8.3 Certainly, it’s crucial to ensure the safety and well-being of all users. With that in mind, during your engagement with our Platform and the Promotions, you are prohibited from undertaking certain activities, whether they are deemed legal or illegal. This prohibition is implemented to safeguard your own interests as well as the interests of others. Here are some of the activities that you are strictly prohibited from engaging in:
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- Absolutely, your interactions on the Platform must always be conducted in a respectful and considerate manner. Specifically, you are strictly prohibited from engaging in any form of harassment or abuse toward other users and/or third parties.
- Certainly, privacy is a fundamental concern in our interactions. Therefore, you are strictly prohibited from engaging in any activities that infringe upon the privacy of other users and/or third parties.
- To foster a fair and respectful environment, you must refrain from engaging in any actions that unfairly disrupt the uninterrupted use and enjoyment of the Promotions and our Platform by other users or third parties.
- You are expressly prohibited from uploading or transmitting any content that includes viruses or any other type of harmful, disruptive, or destructive files. This rule is in place to ensure the safety and integrity of the Platform and its users.
- You are strictly prohibited from engaging in any activities that disrupt, interfere with, harm, or violate the security of our Platform, as well as any associated system resources, accounts, passwords, servers, or networks
8.4 By accepting these terms and conditions, you acknowledge and affirm that you release and discharge us, along with our affiliates, officers, employees, agents, successors, and assigns, from any and all disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action that may have arisen or may arise, directly or indirectly, as a result of your use of our Platform. This includes all aspects of your interactions with other users, as well as any involvement with Third-Party Links & Ads. This release encompasses various forms of matters, including personal injuries, property damage, and any other legal claims or disputes.
This release is intended to provide both parties with clarity and assurance regarding their respective rights, responsibilities, and liabilities in connection with your use of the Platform. It is an integral part of our commitment to creating a secure and positive environment for all users while ensuring clear expectations and accountability.
9. Disclaimers.
Our commitment to transparency includes the following disclaimer regarding the nature of our Platform and the information provided:
Our Platform, along with all the information and content it contains, is made available on an “as is” basis. We explicitly disclaim any and all warranties and conditions, whether express, implied, or statutory. These include, but are not limited to, warranties and conditions of merchantability, fitness for a specific purpose, title, quiet enjoyment, accuracy, and non-infringement.
We do not provide any warranty that our Platform, the Promotions, or any related services will meet your specific requirements or expectations. We cannot guarantee uninterrupted, timely, secure, or error-free access to our Platform. Additionally, we cannot ensure that our Platform will always be accurate, reliable, free of viruses or harmful code, complete, legal, or safe under all circumstances.
If the law requires us to provide warranties concerning our Platform or the Promotions, these warranties are limited in both scope and duration to the minimum requirements mandated by applicable law. This disclaimer underscores our commitment to transparency and provides clarity about the nature of our services and the expectations that users should have regarding their usage.
10. Limitation On Liability.
10.1 To ensure transparency regarding liability, we want to emphasize the following:
To the fullest extent permissible under applicable laws, we shall not be held liable to you or any third party for any sickness, damage, theft, or loss of property, loss of profits, loss of data, costs related to obtaining substitute services, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or connected to these Terms and Conditions and/or your use, or inability to use, our Platform and/or the Promotions.
When you access and use our Platform or avail of a Promotion, you do so at your own risk. You acknowledge and accept sole responsibility for any potential harm, including damage to your personal well-being, belongings, or the device you are using to access our Platform. By engaging with our Platform, you take on these risks, and we strongly recommend exercising caution and diligence while using the services we offer. This disclaimer emphasizes your responsibility for the potential consequences of your interactions with our Platform and the Promotions.
10.2 We want to make it clear regarding the limitations of our liability
To the fullest extent allowed by applicable law, and regardless of any contrary provisions within these Terms and Conditions, our total liability arising from or related to these Terms and Conditions, your use of our Platform (in any context or form of action), will be capped at fifty USD ($50.00) or the value of your membership, whichever amount is higher. This limitation applies to any type of claim and is not expanded even if there are multiple claims, as it pertains to the combined total.
Furthermore, you acknowledge that third parties shall have no liability of any kind arising from or relating to these Terms and Conditions. This clause reinforces the extent of our liability limitations and clarifies that third parties are not subject to any liabilities arising from these terms.
This limitation on liability underscores our commitment to transparently outlining the extent of our responsibility in relation to your use of our Platform and the services provided therein.
10.3 We want to emphasize that we will not be held liable for any breach of these Terms and Conditions resulting from events beyond our reasonable control. This includes, but is not limited to, occurrences such as acts of God, accidents, governmental regulations, decrees, laws, or measures, restrictions imposed by authorities, and other similar circumstances.
In such instances where factors beyond our control affect our ability to fulfill these Terms and Conditions, we will not be held responsible for any resulting consequences. This clause aims to provide clarity regarding situations that may be outside of our influence and may impact our ability to meet our obligations under these Terms and Conditions.
10.4 It’s important to note that these Terms and Conditions will not impact your legal rights under any mandatory consumer protection laws that cannot be excluded or limited by applicable law. These laws exist to provide certain protections and rights to consumers, which cannot be overridden or restricted by our Terms and Conditions. We acknowledge and respect these legal rights and ensure that they are upheld despite any provisions within these Terms and Conditions. This statement highlights our commitment to compliance with consumer protection laws and your entitlement to rights that cannot be compromised by our terms.
11. Term And Termination.
11.1 These Terms and Conditions will continue to apply throughout your use of our Platform, when availing Promotions, or while maintaining an account with us, unless specified otherwise in this clause. We reserve the right to suspend or terminate your access to our Platform at our sole discretion and for any reason. Upon termination of your rights under these Terms and Conditions, your account and access to our Platform will be immediately revoked. We want to clarify that we shall not bear any liability for such termination.
Even after the termination of your rights under these Terms and Conditions, certain provisions will remain in effect and enforceable, including but not limited to clauses 1, 4, 5, 7, 8, 9, 10, 11, 12, and 13. This clause outlines the survival of specific provisions even after the termination of your rights, ensuring that certain important aspects of these Terms and Conditions remain applicable even after your use of our Platform has ceased.
12. Governing Law And Dispute Resolution.
12.1 These Terms and Conditions shall be governed and construed in accordance with the laws of England that are currently in force.
12.2 Any claims or disputes arising from these Terms and Conditions (except for claims seeking injunctive or equitable relief as outlined below) should first be attempted to be resolved amicably between us within a ninety (90) day period from the date the dispute arises. If an amicable settlement is not reached within this timeframe, the dispute will be referred to and ultimately settled by the Dubai International Financial Centre (“DIFC”) courts.
This clause establishes a process for resolving any potential disputes in a cooperative manner initially, and if that fails, designates the DIFC courts as the final authority for settling such disputes. It outlines the step-by-step approach to handling disputes and the escalation to a legal jurisdiction if necessary.
13. General.
13.1 Survival of Agreement. These Terms and Conditions will remain in effect even after the termination of your account with us. This survival period will extend for a duration of five (5) years from the date of your last visit to our Platform or the date of termination of your account, whichever is later.
This clause ensures that certain terms and obligations outlined in these Terms and Conditions will continue to apply for a specified period even after your account has been terminated or your use of the Platform has ceased.
13.2 Electronic Communications. All communications between you and us will be conducted in electronic form. By accepting these Terms and Conditions, you (i) give your consent to receive communications from us in electronic format, and (ii) agree that all terms and conditions, agreements, notices, disclosures, and any other forms of communication that we may provide you electronically fulfill any legal requirement that such communications would meet if they were provided in physical, hardcopy form. It’s important to note that this agreement regarding electronic communications does not impact any rights that cannot be waived or modified by agreement.
13.3 Entire Terms. These Terms and Conditions, along with our privacy policy and cookies policy, constitute the complete agreement between you and us concerning the use of our Platform and the Promotions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not be interpreted as a waiver of such right or provision. The headings or section titles in these Terms and Conditions are included for convenience only and do not have any legal or contractual significance. The term “including” means “including without limitation.” Any rights or limitations outlined in these Terms and Conditions can be waived by the party against whom the claim is made, but such waiver does not affect any other part of these Terms and Conditions.
In case any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, that specific part shall be considered null and void, and the rest of these Terms and Conditions will remain in full effect. These Terms and Conditions, along with your rights and obligations outlined herein, may not be assigned, subcontracted, delegated, or transferred by you without obtaining our prior written consent. Any attempt to do so in violation of this provision will be deemed ineffective.
We hold the discretion to freely assign these Terms and Conditions at any time. The terms and conditions specified in these Terms and Conditions shall be binding on any assignees.
13.4 Copyright/Trademark Information. Copyright © 2023 PLATINUM ACCESS FZC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on our Platform and in relation thereto are the property of PLATINUM ACCESS FZC or other third parties. You are not authorized to use these Marks without the prior written consent of PLATINUM ACCESS FZC or the relevant third party that owns the Marks.
13.5 Contact. If you need to reach out to us, please don’t hesitate to contact us at the following email address: hello@platinumaccess.io.
14. FaceBook.
14.1 Data Usage and Account Deletion. We utilize Facebook data to suggest the most suitable events for you. If you decide to, you have the option to delete your account at any point by making a request to hello@platinumaccess.io. The complete removal of your account will be carried out within a one-month timeframe.