T&C For Merchant Partners
Global Play Network – Terms & Conditions – Merchant Partner
Global Play Network, Inc is a company with registered address 31236 Meadowview Square, Delmar, DE 19940 (“GPN”, “we”, “our”, “ours”, “us”). The Terms & Conditions (the “Terms”) apply to any visitor or user (“you”, “your”, “yours”) of the GPN website, tanjag1.sg-host.com (the “Website”), the GPN various software applications such as the mobile application or any other service or communication of GPN (the “Services”, which include the “Website”). The conditions within the Terms that apply exclusively to Merchant Partner customers of our Services depend on the eligibility and registration of visitors or users to obtain a Merchant Partner account with us, after which such visitors or users become Merchant Partners (singularly, a “Merchant Partner”) of the Services. All of the Terms that apply to visitors or users also apply to all Merchant Partners, and accordingly any reference to a “Merchant Partner” is also a reference to “you”. Upon accessing or using any of the Services, you agree to be bound by the Terms, and if you do not agree with the Terms, then you must immediately cease using the Services. If you continue to use the Services, bear in mind that you continue to be engaged in a legally binding contract between you and GPN.
GPN runs its Services to benefit its primary users, which include Consumers and Merchant Partners, and the spirit of the Services is that “Global Play Network facilitates the Consumer to Merchant Partner experience by making the entry process to Member Locations of Merchant Partners more streamlined, flexible, and affordable.” By agreeing with the Terms, you acknowledge and agree that GPN provides its Services as a facilitator of services provided by Merchant Partners and Gift Card providers and not any other service except as specified in the Terms.
Disputes that cannot be resolved directly between you and GPN under the Terms will be handled via arbitration as described in Clause 13.1, which you are expected to review. Should you not agree with Clause 13.1, then as stated in the initial paragraph, you must immediately cease using the Services.
Application of the Terms
- These Terms govern the use of the Services. GPN offers information about its various activities through the Website and accordingly its Services.
- These Terms apply to all visitors or users of the Services, including without limitation visitors or users who are browsers, Consumers, merchants such as Merchant Partners, and/or other possible visitors, and not identifying as one of these types of visitors or users does not prevent the Terms from applying to someone accessing the Services, as the Terms may apply to others differently; the Terms also apply to a prospective Merchant Partner where GPN has created an account on behalf of a prospective Merchant Partner, and after the transfer of the account from GPN to the prospective Merchant Partner, the prospective Merchant Partner agrees to the Terms when they use the Services according to Clause 1.8.
- Any new features or tools, which are added to the Services, also are subject to the Terms.
- The Services provide links to third parties that may have links to features such as images or comments, and we do not control, maintain or endorse any content or images from third parties.
- Interactions between the Services and third-party services require you to log in to your account at your own risk. GPN does not control any of these web services or content.
- By using any third party service that interacts with the Services, you agree to your information being shared with such third parties, that your personal information may be disclosed and/or associated with you, and that your use of third party service is done so at your own risk.
- You can review the most current version of the Terms at any time on this page.
- We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website or other Services, or as applicable by our application hosting provider; in any event, we will execute on whichever requires more action by us for us to be compliant with laws, regulations, and other contractual agreements we may have.
- It is your responsibility to check this page periodically for changes to the Terms.
- Your continued use of or access to the Website or the Services following the posting of any changes constitutes acceptance of those changes to the Terms.
- These Terms constitute the entire agreement between you and GPN, and any other terms discussed between you and GPN external to this agreement, shall not affect the terms of this agreement nor shall they form part of these Terms unless otherwise specified in writing in such external agreement.
- All prospective Merchant Partners warrant that they have the relevant business licenses, registrations, and any other required status as determined by local, state, and federal laws and regulations.
- All prospective Merchant Partners must have a physical business address (also referred to as the Member Location) that they will provide when signing up for an account, and this is the address where potential Consumers will use the Merchant Partner’s products or services.
- If prospective Merchant Partners lack what is required according to Clauses 2.1 and 2.2, they are not eligible to use the Services and must cease any attempts to use the Services as a Merchant Partner.
- Merchant Partners are responsible for verifying that Consumers comply with the Merchant Partner’s own policies, rules, guidelines, or any other terms as between the Merchant Partner and the Consumer; the Merchant Partner uses the Services to facilitate its own legal relationship between itself and Consumers and the Consumers’ additional guests concerning the Merchant Partner’s services.
- Further to Clause 3.1 and subject to the Special Terms, Merchant Partners agree to treat Consumers no differently from their consumers not using GPN except as otherwise provided in these Terms; for the avoidance of doubt, the relationship between a Merchant Partner and a Merchant Partner’s customer does not involve GPN.
- Merchant Partners agree to behave responsibly when using the Services and in such a manner that does not put GPN in disrepute.
- Merchant Partners failing to comply with any of the Terms are subject to either suspension or expulsion from using the Services.
- Merchant Partners must not engage in or encourage fraudulent activity or use the Services in any harmful way whatsoever including but not limited to selling any Invitation to use the Services.
- Merchant Partners must provide only true, accurate, current, easy to understand, and complete information in the course of using the Services, and they agree to correct the information in a reasonable amount of time if any of the information changes.
- Merchant Partners must not upload offensive content to their profiles.
- Merchant Partners must respect the reputation of GPN, and Merchant Partners cannot appropriate the brand and attempt to represent the brand without GPN’s express permission.
- Only a Merchant Partner can use their own account, and where applicable, only Merchant Partner sub-users can use their own respective account, and any unauthorized usage of any account may result in GPN either suspending or expelling the Merchant Partners from using the Services.
- Merchant Partners must not use the Services for any illegal or unethical purposes.
- Merchant Partners must not disable or disrupt the Services in any way.
- Merchant Partners may not upload or use any offensive content on the Services.
- Furthermore, all Merchant Partners agree not to:
- Collect personal data about other users or entities by using the Services for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- attempt to gain unauthorized access to computer systems owned or controlled by GPN or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services. or
- use any automated device or software that enables the submission of automatic postings on GPN without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
- GPN respects the rights and protections Merchant Partners have within the Terms and following the law, and GPN expects all Merchant Partners to show the same respect.
Account & Security
- Registration of a prospective Merchant Partner’s user account may be done by GPN on the Merchant Partner’s behalf, and the separately agreed special terms as between GPN and the Merchant Partner will apply as discussed in a written agreement between GPN and the Merchant Partner (the “Special Terms”); where such Special Terms conflict with any of the Terms, the Special Terms shall prevail.
- To use the Services as a Merchant Partner, you must meet the eligibility requirements stated in Clause 2.
- All Merchant Partners must protect and secure their login credentials, and are fully responsible for any activity resulting from the use of their credentials.
- Where applicable, Merchant Partners can add sub-users to their account, and accordingly, they are responsible for the activities of their sub-users.
- Any violation of the terms by Merchant Partner sub-users will be considered a violation of the terms by the Merchant Partner.
- All Merchant Partners further acknowledge that they will maintain compliance with Clause 3.9 and that any violation of this term may result in suspension or expulsion from the Services.
- You represent and warrant that the personal data you provide to GPN is true, accurate, current, and complete.
- You are required to provide relevant payment details into your account and therefore must have a payment account to obtain payment.
- Where applicable, if your Member Location makes use of dedicated APIs, such as those of Egifter or any other Gift Card service provider, you are responsible for ensuring all configurations are correct.
- All Merchant Partners acknowledge that any fraudulent activity carried out with their account may lead to suspension from the Services along with both the freezing of funds or any other assets held by GPN on behalf of the Merchant Partner through the Services.
- If you believe that your account has been compromised in any way including by unauthorized access from hackers or other individuals, you must promptly notify GPN by email to email@example.com.
- GPN may or may not show the listings for certain Member Locations both based on Consumer preferences as stored in the Services and depending on the Consumer’s Membership which clarifies the set of possible Member Locations (the “Group”) to which the Consumer may gain entry via the Services.
- GPN does not discriminate against consumers based on race, color, ethnicity, gender, orientation, or any other fact, taking into account that GPN does apply a Minimum Age Requirement and that Consumers and their Family Members must be both in the United States and have eligibility to be in the United States to use the Services.
- Member Locations on the GPN platform are not owned or controlled by GPN unless otherwise explicitly stated, and accordingly, any issues or questions relating to products or services offered by these Member Locations are the responsibility of the Merchant Partners for these Member Locations.
- The availability of Member Locations is dependent on the associated Merchant Partner and information they have provided to GPN, and GPN does not take any responsibility as to a Merchant Partner’s availability, benefits, or actions.
- Member Locations may or may not be removed from listing after you purchase any membership that provides access to the Member Locations.
- Merchant Partners acknowledge that they will use the Services with the understanding that GPN operates its Services applying Clauses 5.1 – 5.5, noting that GPN may use the Merchant Partner’s location, logo, name, address, and other details relevant to allowing Consumers to check-in at the Member Location.
- To remain listed in the Services and compliance with the Terms, Merchant Partners agree to display promotional materials about GPN such as flyers, brochures, and other marketing materials within the Member Location (“Promotional Materials”) for as long as the Merchant Partners remain listed and as otherwise agreed in the Special Terms.
- GPN will provide the Promotional Materials to the Merchant Partners, and the Merchant Partners agree to display the Promotional Materials in areas of their Member Locations that enable potential Consumers of GPN to view the Promotional Materials in reasonable advance of such Consumers’ purchase of entry into the Member Locations without using the Services.
- Merchant Partners must not unreasonably obstruct potential or actual Consumers’ ability to view the Promotional Materials within any of their Member Locations.
Global Play Cash, Gift Cards & Invitations
- “Global Play Cash” is a non-monetary form of credit used within the Services, and in the course of using the Services, Consumers may be able to purchase Global Play Cash which can be used to gain permission to use Merchant Partner or other services per GPN’s agreement with that Merchant Partner or those other services.
- Merchant Partners are not directly involved in the process of Consumers acquiring Global Play Cash.
- Merchant Partners may not convert Global Play Cash into a monetary instrument.
- Merchant Partners must, where applicable, specify any relevant time limits and expiration dates for the use of any artifacts such as tickets or gift cards, and GPN is not responsible for Consumers’ understanding of such time limits or expiration dates.
- Merchant Partners must allow valid gift cards associated with their business (the “Gift Cards”) to be redeemable at their participating Member Locations.
- Merchant Partners and GPN are not responsible for how Consumers choose to use their Gift Cards.
- Merchant Partners can issue invitations to individuals under the Merchant Partner’s email domain who are employees of the Merchant Partner (the “Invitations”) to use the Services.
- Merchant Partners are responsible for granting access to individuals under their email domain before sending them Invitations.
- Merchant Partners cannot sell Invitations to anyone.
- Merchant Partners will not send Invitations to anyone under their email domain who is not an employee of the Merchant Partner.
- GPN is not a Merchant Partner and does not control any Member Location, and GPN takes no responsibility and shall not be held liable under any circumstances concerning the Consumer’s participation at a Member Location via GPN, and should the Consumer be involved in any injury, accident, or any other issues concerning their participation at a Member Location, the Merchant Partner acknowledges that they must resolve the issue with the Consumer.
- GPN is a facilitator of the Merchant Partner’s services and GPN’s relationship with the Merchant Partner extends to the communication of GPN purchases, the number of entries granted from the Merchant Partners, and the benefits provided to Consumers through their or their Family Members’ Membership.
Membership & Check-Ins
- Merchant Partners acknowledge that Consumers may use the Services under the available tiers: Free, Paid.
- Merchant Partners acknowledge that Consumers using the Free tier may browse through the available Member Locations via the Application, but they cannot obtain entry to the available Member Locations via GPN.
- Merchant Partners that accept Gift Cards can allow Consumers using the Free tier to pay for products or services at a participating Member Location using such Gift Cards.
- Merchant Partners acknowledge that Consumers may purchase a membership subscription with GPN (a “Membership”) both individually and for each added Family Member to such Consumers’ accounts to obtain further benefits and discounts with the Merchant Partners of Member Locations registered with GPN.
- Any Membership sign-up fee paid by the Consumer is to be paid solely to GPN.
- Merchant Partners acknowledge that Consumers’ completion of the check-in process to enable entry into a Member Location to use its services is called an “Admission” and that Admission to a Member Location is possible either through a specific number of tickets represented by a single entry pass that must be provided by each of the Consumer and their Family Members and their guests (the “Tickets”) or via a generated access code provided by each of the Consumer and their Family Members and their guests (the “Unique Code”).
- Merchant Partners granting Admission to their Member Locations by use of Tickets must specify the number of Tickets required to grant admission.
- Merchant Partners can specify that their Member Location has the option of allowing consumers to subscribe to an unlimited entry plan with the Member Location of the Merchant Partner (“Unlimited Play”).
- Merchant Partners must allow Consumers and Family Members with Unlimited Play to use the services available at the Member Location as many times as such Consumers or Family Members desire provided that this use is consistent with the Merchant Partner’s terms.
- Merchant Partners agree to notify GPN before changing any terms that may affect GPN’s opinion as to whether the Merchant Partner should be eligible to offer Unlimited Play.
- Subject to Consumers being compliant with GPN’s Terms & Conditions for Consumers and also subject to the Special Terms, Merchant Partners must allow Consumers to complete check-in at a Member Location to gain Admission if the Consumer provides either:
- a Unique Code provided to the Consumer upon the Consumer pressing “Check-In” on the Application and then input into the Application (“Unique Code Check-In”), or
- the relevant Tickets to the Merchant Provider to validate their check-in (“Ticket/Coupon Check-In”).
- Merchant Partners are not responsible for the security of Consumers’ Tickets or Unique Codes.
- Merchant Partners must ensure the check-in process with GPN is complete before allowing Consumers to enter Admission-only areas of the Member Location.
- In case of any dispute as to whether privileges under a Membership or Unlimited Play are valid, the Merchant Partner must first attempt to resolve any dispute directly with the Consumer, and if the dispute is not resolved the Merchant Partner may inform GPN at firstname.lastname@example.org to follow up if deemed necessary by GPN.
Data: Sharing, Notifications
- GPN may send emails, written notices, text messages, or push notifications to the Merchant Partner.
- GPN will collect the Merchant Partner’s location data to ensure check-ins are made securely and to provide a better user experience.
- All content and information that are present on pages, applications, or other materials via the use of the Services including without limitation text, graphics, images, and other items that can be viewed or used, is the property of GPN or the property of their respective owners and is protected under the copyright laws of various jurisdictions. Intellectual Property Rights in the Services belong to GPN or its licensors as may be the case from time to time.
- The Services and the materials on or accessible via them and the Intellectual Property Rights associated with them may not be copied, distributed, published, licensed, used, or reproduced in any way (save to the extent strictly necessary for, and for, accessing and using the Services).
- Any derivative works based on GPN’s Intellectual Property Rights shall belong to GPN and you agree to assign, convey, and transfer any Intellectual Property Rights in the derivative works to GPN.
- None of GPN’s Intellectual Property Rights may be used by you without GPN’s permission in writing, which includes that you may not improperly or in any way use GPN’s brand without permission.
- For these purposes “Intellectual Property Rights” includes the following: any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights like any of these items in any country, rights like unfair competition rights and rights to sue for passing off or another similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them).
- GPN respects the Intellectual Property Rights of others, and should there be any instance in which another’s rights are infringed, we will follow the relevant procedure concerning the Digital Millennium Copyright Act (DMCA), should the Merchant Partner make the relevant request to email@example.com.
Payments & Refunds
- Merchant Partners will be paid $8 for each unique entry ticket redeemed by Consumers via GPN unless otherwise specified in the Special Terms.
- Merchant Partner accounts contain transaction history relating to purchases, redeemed Tickets, redeemed Unique Codes, or any other transaction relating to an Admission.
- Merchant Partners are fully responsible concerning any applicable terms or laws applying to third party services they use when receiving payment about our Services.
- GPN offers no refunds to its Services; should a Consumer need to obtain a refund to their purchase at the Member Location of the Merchant Partner, they are advised to contact the Merchant Partner.
DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY
- THE WEBSITE, SERVICES, AND ALL CONTENT, SERVER, AND NETWORK ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND GPN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
- GPN DOES NOT GUARANTEE THAT THE SERVICES CONTENT ARE ACCURATE; ERROR-FREE; FREE OF VIRUSES; OR ANY OTHER HARMFUL ELEMENTS. AS WITH ANY SERVICES, A USER MAY USE THE SERVICES, YET CAUTION SHOULD BE APPLIED IN THE USE OF ANY CONTENT OR MATERIALS, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S DEVICE OR COMPUTER, OR OTHER HARM.
- GPN REITERATES THAT IT IS NOT A RIDESHARE PLATFORM, AND ACCORDINGLY THE TERMS THAT APPLY TO USING RIDESHARE PLATFORMS ARE INDEPENDENT OF GPN.
- GPN EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS INCLUDES, WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED GPN OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, SYSTEMS, AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES. IN NO EVENT WILL GPN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED THE LESSER OF EITHER ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE COST OF ANY SERVICES PAID BY THE USER.
- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
- OCCASIONALLY THERE MAY BE INFORMATION ON THE SERVICES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).
- WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICES OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.
- ALL THE INFORMATION ON THE SERVICES PROVIDED BY GPN DIRECTLY IS INTENDED FOR GUIDANCE ONLY.
- PRODUCTS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
- WE RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.
- WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES.
- GPN or the Merchant Partners may terminate their agreement to the Terms at any time, and once terminated, Merchant Partners must cease all use of the Services.
- GPN may, upon termination, immediately remove the Merchant Partner’s details from the Services, resulting in Consumers being unable to use their Membership benefits at a Member Location of the Merchant Partner.
- GPN has the right to monitor its own Services and to investigate and to prosecute violations of any of the Terms to the fullest extent allowed either by the Terms or the law.
- GPN reserves the right to involve local law enforcement authorities in prosecuting users violating these Terms contrary to local law.
- All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Delaware.
- An award of arbitration may be confirmed in a court of competent jurisdiction.
- The arbitration will be administered by the American Arbitration Association (“AAA”) following the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement.
- The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
- Subject to Clause 13.1, these Terms are governed by the laws of Delaware, United States. The Merchant Partner agrees to resolve any dispute exclusively in Delaware, United States for arbitration of all such disputes.
- Subject to Clause 13.1, if any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and will not affect the validity of any remaining provisions. GPN’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
- No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with GPN.