These terms and
conditions apply between all Users of this Website (including but not limited
to Members), and Popular Apps and Games , the owner(s) of this Website.
Additionally these terms and conditions apply to the use of and (where
applicable) purchase of Popular Apps and Games Products and Services, including but not
limited to Membership subscriptions and Events and the placing of advertising
with Popular Apps and Games . Please read these terms and conditions carefully,
as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to
comply with and be bound by these terms and conditions is deemed to occur upon
your first use of the Website. By using the Website and agreeing to these
terms and conditions, you represent and warrant that you are at least 18 years
of age. Your access to and use of the Popular Apps and Games Website or Services is subject (unless
expressly stated otherwise) exclusively to these terms and conditions. You will
not use the Website for any purpose that is unlawful or prohibited by these
terms and conditions. By using the Website you are fully accepting the terms,
conditions and disclaimers contained in these terms and conditions. If you do
not agree to be bound by these terms and conditions, you should stop using the
Website immediately.
1.2 Popular Apps and
Games reserves the right to change these
terms and conditions without notice, and Users agree to be bound by such
changes. It is the responsibility of Users to check these Terms and Conditions
regularly for any changes.
1.3 If you are entering
into these terms and conditions on behalf of your employer or acting as an
employee, you warrant that you are authorised to enter into legally binding
contracts on behalf of your employer. You further warrant that your employer
agrees to be bound by these terms and conditions.
2. Definitions and interpretations
2.1 Throughout this terms
and conditions, the following words will have the following meanings set
against them:
“Advertising” such
individual media advertising campaign or programme of advertising that is purchased
by the Client from Popular Apps and Games ;
“Advertisement” including
display, classified, inserts, directories, banners, mini-sites, button
Advertisements and any other announcement designed to publicly promote
activities including Campaigns and Programmes;
“Advertising
Agency/Agent” - individual or company instructed to act on behalf of the Client
as an agent;
“Attendee” any person
attending an Event in person or whom has access to an Online Event;
“Bespoke
straining/InCompany Training” bespoke training or advisory programmes, usually
run on the premises of the client or on digital platform, exclusively for the
use of the client;
“Client” any individual
or company purchasing Advertising from Popular Apps and Games ;
“Content” any text,
graphics, images, audio, video, software, data compilations, page layout,
underlying code and software and any other form of information capable of being
stored in a computer that appears on or forms part of this Website;
“Copy Date” Agreed
deadline to supply advertising materials by;
“Training credit” sold as
part of enterprise package, which can be cashed in for training
“Directories” shall mean
the Members Directory and Suppliers Directory collectively;
“Event” any live event
hosted by Popular Apps and Games , including but not limited to any training
(online or physical), seminar, webcast, workshop, conferences and awards event
as the same may be attended in person or as an Online Event;
“Free Membership” or
“Guest membership” any Membership Product that is offered by Popular Apps and
Games free of charge in consideration
for registering via the Website and agreeing to these terms and conditions;
“GDPR” General Data
Protection Regulation, EU law on data protection and privacy for all
individuals within the European Union and the European Economic Area, which
came into force on 25 May 2018;
“Headstart” any advisory
or consultancy service, delivered by Popular Apps and Games ;
“Magazine” the print
edition of the Popular Apps and Games magazine which may be available to Members as
part of Membership;
“Member(s)” Users who
have an active subscription to a Membership Product;
“Membership Product(s)”
Services and Content offered to Members in a subscription package upon
registering as a Member depending on the specific Membership tier that they
have purchased;
“Membership” a Members
subscription package to a Membership Product;
“Online Event/Webcast” an
Event at which Attendees do not attend in person, but are given access to a
virtual Event online via various interactive tools, including live and
on-demand video streaming, web conferencing and online training courses;
“Partner” third parties
(who may or may not be Members or Users) whom have licensed Third Party Content
to Popular Apps and Games in the form of
Partner Downloads;
“Partner Download(s)”
Third Party Content in the form of a Report created by Partners and which has
been uploaded to the Website and available to Users on terms as specified on
the relevant part of the Website;
“Privacy Policy” Popular
Apps and Games 's current Privacy Policy as the same may be amended from time
to time and currently viewable .
“Products” physical
copies of content in print form or otherwise including print copies of Reports
and copies of the Magazine;
“Programme” succession of
Campaign(s) managed by Popular Apps and Games or “Rate Card” our current price list for
Advertisements as supplied by Popular Apps and Games to Advertiser;
“Report(s)” individual
articles and reports available for download or viewing via the Website which
may be subject to the payment of a one off fee, or available only as part of a
Membership subscription;
“Sponsor” terminology
whereby a ‘Client’ commissions any specific body of work, or supports any
schedule event, which is managed and produced by Popular Apps and Games
“Sponsored content”;
content produced by Popular Apps and Games on behalf of a client brief or agreed
concept
“Series Booking” two or
more adverts booked in advance, in one order;
“Services” collectively
or individually as appropriate, any product or service provided by Popular Apps
and Games including but not limited to
any services listed on the Website, Reports, Advertising, Products, Membership
Products and Events;
“Start Date” agreed
date from which the first advertisement will be placed;
“Subscriber”
the individual or company that orders an annual subscription
product;“Suppliers Directory” the directory of OUR Supplier profiles currently accessible.
“User”, “Users”, “you”
Any and all persons who access the Site and services provided by Popular Apps
and Games , including but not limited to Members;
“Website” the website
owned by Popular Apps and Games with the
url: https://mymobilegamesapps.blogspot.com/ and any sub-domains of
this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and
conditions, unless the context requires a different interpretation:
2.2.1. the singular
includes the plural and vice versa;
2.2.2. references to
sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses,
schedules or appendices of these terms and conditions;
2.2.3. a reference to a
person includes firms, companies, government entities, trusts and partnerships;
2.2.4. 'including' is
understood to mean 'including without limitation';
2.2.5. reference to any
statutory provision includes any modification or amendment of it;
2.2.6. the headings and
sub-headings do not form part of these Terms and Conditions.
3. Intellectual property and acceptable use of
Content
3.1 Content is available
via Popular Apps and Games and this
Website on a free of charge basis and in consideration for a specified payment,
as part of a Membership subscription and content included within the various
products, articles (for instance 'News' and 'Research & Reports'
sections of the Website although this list is non-exhaustive.
3.2 All Content included
on the Website, unless uploaded by Users, Members or Partners or as stated
otherwise, is the property of Popular Apps and Games our affiliates, licensees or other relevant
third parties. By continuing to use the Website Users acknowledge that such
Content is protected by copyright, trademarks, database rights and other
intellectual property rights. Nothing on this site shall be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any trademark, logo or service mark displayed on the site without the owner's
prior written permission;
3.3 Subject to clause 4 Popular
Apps and Games hereby grants to the User
a non-exclusive worldwide licence for the duration of the Membership or in the
case of a User who is not a Member, until Popular Apps and Games may choose to revoke such licence, to
download, store, use, reproduce, transmit, display, copy, and provide access to
Content in accordance with the terms of the Membership (where applicable) and
at all times only for the User's own information purposes and for the avoidance
of doubt, not for any commercial or business purposes.
3.4 Notwithstanding any
other rights or remedies available to it, Popular Apps and Games shall have the right to terminate any licence
granted to any User, to terminate any Membership (where applicable) or block a
User from the Website in the event of any breach by such User of any of the
terms and conditions of this licence.
Without prejudice to any
rights granted herein, Popular Apps and Games reserves the right to amend, edit or
abbreviate or take down any Content at our discretion.
3.5 Notwithstanding the
above, were a User is paying for additional premium content (by way of example,
for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”)
such Users acknowledge that their access to such Pre-Paid Content is
conditional upon payment in accordance with the payment methods set out on the
Website before access to such Pre-Paid Content is permitted, and no licence
shall be granted until payment has been received in full for the relevant
Pre-Paid Content. For the avoidance of doubt, all one off fees payable for
Reports shall be non-refundable, and the period of licence granted in such
Content may only subsist for the duration of a Users Membership subscription.
3.6 Subject to clause 4
below, Users (whether in their capacity as Members or Users) are able to upload
content or postings content at various places on the Website including via
blogs, on the forums and comments sections, as well as the content they include
on Member Profiles (“User Generated Content”) and in doing so Users grant to Popular
Apps and Games a free of charge,
worldwide perpetual licence in all media in such User Content. For the
avoidance of doubt, Members acknowledge and confirm that all information they
supply in their Member profile will be viewable by all Users of the Website via
the 'Directories' section of the Website accessible.
4. Prohibited use of the Site by Users
4.1 Users are expressly
forbidden to download, store, reproduce, transmit, display (including without
limitation via an intranet or extranet site), copy, sell publish, distribute,
provide access to Content for any purposes other than as set out herein or to
sub-license, rent, lease, transfer or assign any rights in Content, to any
other person, commercially exploit or use Content for any unlawful purpose.
4.2 With regard the
uploading, or posting of User Generated Content, and use of the site more
generally, Users may not use the Website for any of the following purposes:
4.2.1 in any way which
causes, or may cause, damage to the Website or interferes with any other
person's use or enjoyment of the Website;
4.2.2 in any way which is
harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate,
threatening or otherwise objectionable or in breach of any applicable law,
regulation or governmental order.
5. Availability of the Website and Disclaimers
5.1 The Website and
Services are provided "as is" and on an "as available"
basis. Popular Apps and Games gives no
warranty that the Website or Services will be free of defects and/or faults. To
the maximum extent permitted by the law, Popular Apps and Games provides no warranties (expressed or implied)
of fitness for a particular purpose, accuracy of information, compatibility and
satisfactory quality. Popular Apps and Games is under no obligation to update information
on the Website.
5.2 Whilst Popular Apps
and Games uses reasonable endeavours to
ensure that the Website is secure and free of errors, viruses and other
malware, Popular Apps and Games give no
warranty or guarantee in that regard and all Users take responsibility for
their own security, that of their personal details and their computers.
5.3 Popular Apps and
Games accepts no liability for any
disruption or non-availability of the Website.
5.4 Popular Apps and
Games reserves the right to alter,
suspend or discontinue any part (or the whole of) the Website including, but
not limited to, any products and/or services available. These terms and
conditions shall continue to apply to any modified version of the Website unless
it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these
terms and conditions will: (a) limit or exclude our or your liability for death
or personal injury resulting from our or your negligence, as applicable; (b)
limit or exclude our or your liability for fraud or fraudulent
misrepresentation; or (c) limit or exclude any of our or your liabilities in
any way that is not permitted under applicable law.
6.2 We will not be liable
to you in respect of any losses arising out of events beyond our reasonable
control.
6.3 To the maximum extent
permitted by law, Popular Apps and Games accepts no liability for any of the following:
6.3.1 any business
losses, such as loss of profits, income, revenue, anticipated savings,
business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption
of any data, database or software;
6.3.3 any special,
indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise
expressly agreed to by Popular Apps and Games in writing, information regarding Popular Apps
and Games products and Services is
subject to change without notice.
7.2 Information about Popular
Apps and Games Products and Services
made available on and/or through this Website shall not constitute a
representation, warranty or other commitment by Popular Apps and Games with respect to any product or service unless
otherwise expressly agreed to by Popular Apps and Games in writing.
7.3 Without limiting the
generality of the foregoing, Popular Apps and Games hereby disclaims all warranties, expressed or
implied, as to the accuracy, suitability for any purpose or completeness
therefore.
8. Third Party Content
8.1 This Website makes
available certain Content that has not been created by Popular Apps and Games either via hyperlinks which may take Users to
websites not controlled or maintained by Popular Apps and Games , or as hosted
via the Website whether or not such Content is available free of charge, to
Members only or for a fee, for example Partner Downloads, Member profiles and
other materials posted by other Users on the Website blogs and forums
("Third Party Content") .
8.2 Any copying,
distribution, reproduction, retransmission, or modification of any of the Third
Party Content or any information or materials appearing in such Third Party
Content, whether in electronic or hard copy form, is subject to the prior
written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content
is not the responsibility of Popular Apps and Games , and Users acknowledge and
confirm that Popular Apps and Games has
no control over the opinions, information, legality of products, or accuracy of
facts or statements contained in such Third Party Content and furthermore Popular
Apps and Games cannot guarantee and
makes no representation or warranty as to the accuracy, veracity, or
completeness of any such information provided. Nothing contained within Third
Party Content necessarily represents the point of view of Popular Apps and
Games .
8.4 Popular Apps and
Games cannot and does not confirm each
User's identity, whether or not they are a Member. Popular Apps and Games allows Members to give access to information
about themselves to other Members but does not control the information
provided by Users or Members.
8.5 In the event that you
have a dispute or issue with one or more of the other Users, you agree to
unconditionally release Popular Apps and Games (and our officers, directors, agents,
subsidiaries and employees) from any and all claims, demands and damages
(actual and consequential) of any kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
8.6 Downloading some
Third Party Content such as 'Knowledge Bank' may involve Popular Apps and Games
sharing personal data collected during
registration with the authors of such Third Party Content. Users who wish to
download such Third Party Content should refer to our Privacy Policy prior to
downloading. Users who do not wish to have their data shared in this manner
should not download such Third Party Content.
9. Membership
Users may become Popular
Apps and Games Members in order that
they may gain access to additional content (including Third Party Content) and Popular
Apps and Games Services in accordance
with the various Membership tiers as defined on the OUR Website here: https://mymobilegamesapps.blogspot.com/
(as updated from time to time), in consideration for such fees (where
applicable) as specified therein and agreement from Users to participate as a
Member.
Subscription to any
Membership Product is subject to acceptance of these terms and conditions,
Privacy Policy and specifically the following:
9.1 In order to become a
Member User's are required to complete an online registration form. The User
represents and warrants that the information given in that registration will be
truthful, accurate and complete. Popular Apps and Games will hold all such information in accordance
with the terms of the Popular Apps and Games 's Privacy Policy and it may be
used to validate the Users registration for Membership.
9.2 Each Member's profile
will automatically appear in the Members Directory, (and the Suppliers
Directory where Members qualify for and opt into inclusion therein), and
profile information will be published in accordance with the terms of the Popular
Apps and Games 's Privacy Policy. It is the Member's responsibility to maintain
and accurate and up to date profile.
9.3 Free Membership commences
upon registration, and shall continue until Member gives notice pursuant to
clause 9.7 below.
9.4 Any subscriptions to
Membership Products are deemed to commence from the date of receipt of User's
completed order, registration form or online registration.
9.5 With the limited
exception of Free Membership, all Membership Product subscriptions last 12
months from invoice date or, where immediate payment is required immediately
online prior to the activation of membership and access to any Services, upon
payment of such fee. As part of the subscription service, Membership will
be automatically renewed for a following 12 months from the relevant end date.
9.6 Members shall be
contacted, via either post, email or phone to inform them of their automatic renewal
and the date that such renewal will take effect (“Renewal Date”). If after 30
days of the relevant Renewal Date you have not cancelled, you will
automatically be fully renewed and we shall await payment.
9.7 Members may cancel
their renewal at any point throughout their annual subscription. Members may
also cancel their renewal within 30 days of the Renewal Date, at no cost. To
cancel any Membership Product, Members must inform Popular Apps and Games in writing by emailing piws.arun@gmail.com. Any cancellation by Members must be in writing
and a full refund will be given only if this is received by Popular Apps and
Games within 14 working days of the date
of purchase. No refund shall be given if Members cancel a service part way
through a subscription year.
9.8 Users may purchase
stand alone Products (whether as Members or Users) as the same are available
via the Website and at such prices and on such supplemental conditions as are
stated on the site.
10. Advisory, Headstart & online,
open and InCompany training
11. Events: Conference, Webcast, Roundtables
and Awards
11.5.3 In accordance with
Popular Apps and Games 's Privacy Policy, Attendees consent to our sharing the
following information, all in line with GDPR.
(a) data from Attendee's
Member profile, and/or collected upon registration to view the Online Event
with the relevant Event Sponsors and Channel Owners;
(b) details of the
content you have viewed on that Channel and viewing times with the relevant
Channel Owner.
(c) See privacy
policy for details
11.5.4 For the purpose of
this agreement, "Event Sponsor" means any third party who sponsors an
Event in exchange for brand promotion, thought leadership opportunities, and
the leads generated from the Event audience where applicable.
11.5.5 Attendees agree
that the relevant Channel Owner or Event Sponsor may contact Attendees for such
purposes as replying to Attendee queries, improving their services, conducting
surveys, to deliver promotional material to Attendees. Event Sponsors receiving
personal information from Popular Apps and Games do not have any independent right to share
this information. In registering with a Channel to view an Online Event
Attendees agree that Attendee's personal and other information may be shared
with the Event Sponsor and we encourage you to review the relevant Event
Sponsor's own privacy policy to ensure Attendee is satisfied with the
provisions. Except as previously stated, Popular Apps and Games does not control the activities of Event
Sponsors or Channel Owners in the control and protection of personal
information.
11.6 For the
avoidance of doubt, no liability is accepted on the part of Popular Apps and
Games for any statements or opinions
expressed (whether by Attendees, or speakers, or otherwise) at Events.
11.7 Event
sponsorship and exhibition space: In all case where an agreement of event
sponsorship, incorporating exhibition space, not limited to fixed shell scheme,
but also including space provided to a client to erect their own stand; the
client must abide by the limitations of the agreement and space provided.
11.8 With regards to
any sponsor, running a webinar programme or single event through any of our
platforms they must agree to:
11.8.1 Whatever pre-agreed
timelines, Popular Apps and Games reserves the right to cancel the event, and
offer no refund, if the client deviates from them, so comprising the success of
the event.
11.8.2 If the sponsor
requests any delays to the project, which are agreed outside the terms of
11.7.1, from the pre-agreed timelines, then the client will be liable to a £250
per day charge, until the next event date. This will be paid in full before the
event.
11.9 Awards
11.9.1 Some areas of any
awards website may require registration. By completing the initial registration
form and by entering your personal details, you will be deemed to have accepted
these terms and conditions. If you have registered with us and subsequently
change your details, you should immediately notify us of any changes by
emailing piws.arun@gmail.com
11.9.2 For the
purposes of this agreement, “material” means material including, without
limitation, text, video, graphics and sound material, published on The Popular
Apps and Games website, whether
copyright of any Popular Apps and Games awards programme, or a third party.
11.9.3 You may download
and print extracts from the material and make copies of these for your own
personal and non-commercial use only. You are not allowed to download or print
the material, or extracts from it, in a systematic or regular manner or
otherwise so as to create a database in electronic or paper form comprising all
or part of the material appearing on any Popular Apps and Games awards programmes.
11.9.4 You must not
reproduce any part of any Popular Apps and Games awards programme or the material or transmit
it to or store it in any other website or disseminate any part of the material
in any other form unless we have indicated that you may do so.
11.9.5 We may be prepared
to allow you to distribute or reproduce other parts of any Popular Apps and
Games awards programmes or the material
in certain circumstances. Please email piws.arun@gmail.com if
you wish to apply for permission to do so.
11.9.6 If you want to
submit material to us for publication on any Popular Apps and Games awards programmes, you may do so on the
following terms and conditions:
11.9.6.1 Publication of
any material you submit to us will be at our sole discretion. We reserve the
right to make additions or deletions to the text or graphics prior to
publication, or to refuse publication.
11.9.6.2 You
warrant to us that any material you submit to us is your own original work and
that you own the copyright and any other relevant rights.
11.9.6.3 You warrant that
the material you submit is not obscene, offensive, defamatory of any person or
otherwise illegal.
11.9.6.3 You
acknowledge that any breach of these warranties may cause us damage or loss and
you agree to indemnify us in full and permanently against any third party
liabilities, claims, costs, loss or damage we incur as a result of publishing
material you submit to us, including consequential losses.
11.9.7 By entering
the awards, entrants understand that the information they provide about their
company (excluding, but not exhaustively, turnover and pre-tax profit
information which will remain confidential at all time) may be used by any Popular
Apps and Games awards programme for
marketing purposes at any time in the future.
11.9.8. Should a company
be found to behave in an illegal, unethical or fraudulent manner, any Popular
Apps and Games awards programme reserves
the right to revoke the company's status in the competition and including
status from previous years. If this occurs we will contact the company in
question to inform them of our decision, they will be removed from our website
and will not be allowed to use their status logos on any of their company
material.
11.10. Roundtables
11.10.1 Roundtables are
considered an ‘Event’, governed by all terms and conditions covered within
11.10.2 With regards to
any sponsor, running a roundtable programme or single event through any of our
platforms they must agree to:
11.10.2.1 Whatever
pre-agreed timelines, Popular Apps and Games reserves the right to cancel the event, and
offer no refund, if the client deviates from them, so comprising the success of
the event.
11.10.2.2 If the sponsor
requests any delays to the project, which are agreed outside the terms of
11.10.2.1, from the pre-agreed timelines, then the client will be liable to a
£250 per day charge, until the next event date. This will be paid in full
before the event.
12. Media Purchasing
All media and advertising
placed with Popular Apps and Games shall
be subject to the following:
12.1 All Advertisements
are accepted subject to Popular Apps and Games 's approval of the copy and to
the space being available.
12.2 Popular Apps and
Games reserves the right to omit or
suspend any Advertising (or part thereof) at any time for if Popular Apps and
Games holds the belief that publication
may be unlawful, defamatory, put Popular Apps and Games into disrepute, in breach of any Ofcom
regulations, or Advertising Standards Agency (or like body) regulation or code,
put it in breach of contract or infringes the copyright off a third party in
which case no claim on the part of any Client for damage or breach of contract
shall arise.
12.3 If Popular Apps and
Games considers it necessary to modify
the space or alter the date or position of insertion or make any other
alteration, the Client will have the right to cancel if the alterations
requested are unacceptable, unless such changes are due to an emergency or
circumstances beyond Popular Apps and Games 's control. Every care is taken to
avoid mistakes but Popular Apps and Games cannot accept liability for any errors due to
third parties, subcontractors or inaccurate copy instructions. In any event the
Client acknowledges and confirms that its sole remedy for such inaccuracies in
Advertisements will be for Popular Apps and Games to use its reasonable endeavours to remedy
such inaccuracies upon notice from the Client , where practicable. For the
avoidance of doubt the Client accepts that Advertisements which have gone to
print cannot be altered.
12.4 The Client warrants
that the Advertisement does not contravene any Act of Parliament nor is it in
any other way illegal or defamatory or an infringement of any other party's
rights or an infringement of the British code of Advertising Practice. Country
of origin (other than the United Kingdom) of goods advertised must be shown in
advertisements if so required by statute or statutory or other regulations.
12.5 The Client will
indemnify Popular Apps and Games fully
in respect of any claim made against Popular Apps and Games arising from Popular Apps and Games 's
publication of any Advertisement or part thereof arising from a breach of
any term, condition, undertaking or warranty given hereunder or otherwise to Popular
Apps and Games . Popular Apps and Games may consult with the Advertiser as to the way
in which such claims are to be handled, and may require the Client to enter as
a party to any claim.
12.6 Advertisement rates
are subject to revision at any time and orders are accepted on condition that,
in the case of Advertising placed within an issue of the Magazine, that the
price binds Popular Apps and Games only
in respect of the next issue to go to press. In the event of a rate increase,
the Client will have the option to cancel the order without surcharge or
continue the order at the revised advertisement rates.
12.7 If a Client cancels
the balance of a contract for any media programmes, the Client
relinquishes any right to any bulk package discount to which they may
previously have been entitled and media will be paid for at the then current
rate card.
12.8 Accounts are due for
settlement within 30 days of the commencement of publication of the
Advertising. In the event of any account becoming overdue, Popular Apps and
Games reserves the right both to suspend
Advertising until such time as the sum owing is paid and to reduce any
commission otherwise allowed to Advertising Agencies.
12.9 Advertisement copy
should be supplied by the Client in accordance with the mechanical data
stated on the rate card. Charges will be made to the Client or his Agent
where the printers are involved in extra production work owing to acts or
defaults of the Client or his Agent. These charges will be at the rate agreed
prior to commencement of Advertising.
12.10 If copy
instructions are not received by agreed Copy Date no guarantee can be given
that proofs will be supplied nor corrections made and Popular Apps and Games reserves the right to repeat the most
appropriate copy, or insert a house advertisement for which the Client will be
invoiced.
12.11 Total amount
payable, by the Client, within the 30-day period, will be written in the 'Gross
Payment' section of the order form, accompanying this document. Series bulk
discount purchases must be paid in one payment, 30 days after invoice, unless
otherwise stated.
12.12 In the case of the
Client failure to make complete payment within 30 Days of the invoice date
occurred, cumulative monthly interest, at a rate of 10% per month from the
invoice date, will be added to the gross amount. If at any time legal fees and
costs are incurred as a result in obtaining payment from the Client, those
costs will be charged back to the Client.
12.13 Client's materials
which may be delivered to Popular Apps and Games including but not limited to property and
artwork are held by Popular Apps and Games at Client's risk and should be insured by them
against loss or damage from whatever cause. Popular Apps and Games reserves the right to destroy all artwork,
which has been in his custody for twelve months from the date of its last
appearance.
12.14 Sponsored
content
12.14.1 All content
produced will have joint IP, between client and Popular Apps and Games
12.14.2 With regards to
any sponsor, running a sponsored content programme through any of our platforms
they must agree to:
12.14.3 Whatever
pre-agreed timelines, Popular Apps and Games reserves the right to abandon the content, and
offer no refund, if the client deviates from them, so comprising the success of
the publication.
12.14.4 If the sponsor
requests any delays to the project, which are agreed outside the terms of
12.14.3, from the pre-agreed timelines, then the client will be liable to a
£250 per day charge, until the next event date. This will be paid in full
before the event.
13 Pricing
Prices for any of Popular
Apps and Games services or products are
subject to change without prior notice. Popular Apps and Games aim to regularly update all publicly available
sources of price information via the Website to ensure that you have accurate
information available to you when you order.
The description and price
of any Service purchased hereunder will be confirmed in Popular Apps and Games 's
despatch note and/or invoice or at point of payment if purchased online.
14 Payment Policy
Unless specified herein
or at point of purchase to the contrary, Popular Apps and Games invoices for any Service are due for payment
30 days from their date. Popular Apps and Games reserve the right to charge for costs and
expenses incurred in recovering late payments, and to charge interest on
overdue amounts at the rate in force pursuant to the Late Payment of Commercial
Debts (Interest) Act 1998 as at the due date.
15 General
15.1 Dependence on Popular
Apps and Games Services: The contents of
any of Popular Apps and Games Services
or the Website do not constitute advice and should not be relied on in taking,
or refraining from taking, any decision or action. Under no circumstances shall
Popular Apps and Games be liable for
direct, indirect, or incidental damages resulting from your use of information,
commentary, advice or other content on the Website or Services. You agree to
indemnify Popular Apps and Games against
any actions, claims, proceedings, or liabilities arising from your use of the
Website or Services.
15.2 Data Protection: Popular
Apps and Games may use personal
information which Popular Apps and Games hold about Users to provide Popular Apps and
Games products and services to Users,
for credit control and market research purposes and to inform Users about Popular
Apps and Games products and services,
legal developments and training sessions or Events which we believe may be of
interest to Users. For further details please consult our Privacy Policy
15.3 Force Majeure: If by
reason of labour dispute, strikes, inability to obtain labour or materials,
fire or other action of the elements, accidents, power or telecommunications
failure, customs delays, governmental restrictions or appropriation or other
causes beyond the control of a party, such Popular Apps and Games is unable to perform in whole or in part its
obligations set forth in these terms, then Popular Apps and Games shall be relieved of those obligations to the
extent it is thereby unable to perform, and such inability to perform shall not
make Popular Apps and Games liable to
any other party.
15.4 Users may not
transfer any of their rights under these terms and conditions to any other
person. Popular Apps and Games may
transfer their rights under these terms and conditions where Popular Apps and
Games reasonably believes Users rights
will not be affected.
15.5 These terms and
conditions may be varied by Popular Apps and Games from time to time. Such revised terms will
apply from the date of publication. Users should check the terms and conditions
regularly to ensure familiarity with the then current version.
15.6 These terms and
conditions contain the whole agreement between the parties relating to its
subject matter and supersede all prior discussions, arrangements or agreements
that might have taken place in relation to the terms and conditions.
15.7 The Contracts
(Rights of Third Parties) Act 1999 shall not apply to these terms and
conditions and no third party will have any right to enforce or rely on any
provision of these terms and conditions.
15.8 If any court or
competent authority finds that any provision of these terms and conditions (or
part of any provision) is invalid, illegal or unenforceable, that provision or
part-provision will, to the extent required, be deemed to be deleted, and the
validity and enforceability of the other provisions of these terms and
conditions will not be affected.
15.9 Unless otherwise
agreed, no delay, act or omission by a party in exercising any right or remedy
will be deemed a waiver of that, or any other, right or remedy.
15.10 Governing Law and
Jurisdiction
16 GDPR
16.1 Under GDPR we
are not required to obtain consent if we have a lawful basis of 'legitimate
interest' for collecting and sharing data. Our lawful basis of legitimate interest is explained on our privacy
policy here
16.2 With regards to
sharing event “online or offline” delegate data with session sponsors, we state
clearly on our events websites the following: "When you register for any
of our partner sessions, your data will also be shared after the event with the
partner hosting that session, who may contact you with further relevant
information. For more information on how we process your personal data please
see our privacy policy."
16.3 When delegates are
enabled to register for partner sessions, we will state clearly on the
registration page the name of the event partner we will be sharing their
data with.
16.4 With regards to
exhibitors, we provide exhibitors with scanners so they can request permission
to collect data from visitors to their stands. We state clearly on our events
websites that:"We provide our event exhibitors with scanner equipment to
collect and use data from visitors to their stands. Its entirely voluntary for
you to provide this data."
16.5 On receipt of any
data obtained from Popular Apps and Games , as per any sponsorship agreements,
the client is expected to use that data within the framework of GDPR and
legitimate interest.
16.6 The client must only
continue to communicate with that contact, within the same content narrative,
at the point where that data was harvested. Popular Apps and Games will not be liable to any consequences, which
might befall the client, if they subsequently communicate with any other
narrative.
16.7 In line with GDPR,
in advance of any scheduled broadcast, the newly procured list will need to be
sent a bespoke email, acknowledging the source of the data, giving them the
intent of their data usage and offering them to opt-out of future
communication.
17 Event refund and cancellation policy:
17.1 In the case of all Popular
Apps and Games “events” including but
not exclusively the awards, InCompany Training, all tickets and
"sponsorship" purchased are non-refundable, at point of purchase. No
tickets are transferable to other events. No “credits” are transferable to
other events.
17.2 Popular Apps and
Games reserves the right to cancel any
events. If, for any reason, the event is postponed, to another date, venue or
format, if the event is postponed within a reasonable timeframe, with similar
content, the delegate contract will remain valid and roll over to the new date.
17.3 Event
sponsorship and exhibition space: In all case where an agreement of event
sponsorship, incorporating exhibition space, not limited to fixed shell scheme,
but also including space provided to a client to erect their own stand; the
client must abide by the limitations of the agreement and space provided. All
event sponsorship agreements will be writing and cannot be broken by the
client. Popular Apps and Games reserves
the right to cancel any event sponsorship contracts. If, for any reason, the
event is postponed, to another date, venue or format, if the event is postponed
within a reasonable timeframe, with similar content, the sponsorship contract
will remain valid and roll over to the new date.