Terms of Service
Revised August 2012
1. INTRODUCTION
- FreePlayo has developed and operates a program called FreePlayo which allows registered users to participate in various activities, including playing online games; redeeming points for cash, prizes, or promotions; completing surveys; and receiving advertising emails and short message services (SMS).
- These Terms of Service are intended to protect both users and FreePlayo. It is the user’s responsibility to read and understand them.
- All registered users are subject to these Terms of Service. By registering with FreePlayo, the user acknowledges having read and understood these Terms of Service and agrees to be bound by these Terms of Service.
- These Terms of Service are effective as of the date of publication and may be changed by FreePlayo at any time. The current applicable Terms of Service are always available on the FreePlayo.com website.
2. DEFINITIONS
- A 'Player' is a registered user of the FreePlayo.com website and program. A Player is a person who, in applying to become a user, has read, understood, and accepted these Terms of Service. ‘Player’ and “user” may be used interchangeably in these Terms of Service.
- 'Activity' or 'Action' for the purposes of these Terms of Service, means a Player:
- Logging into his/her account;
- Participating in the FreePlayo game;
- Clicking and otherwise responding to an email sent from FreePlayo;
- Interacting with FreePlayo in a way in which FreePlayo can detect the Player is using the FreePlayo website and its associated features;
- Interacting with enhanced game play, content, and features that may be added in the future
- 'Available FreePlayo Points' means FreePlayo Points classified or designated by FreePlayo as 'available' in the Player's account.
- ‘Membership' means membership of FreePlayo i.e. a Player has a membership, and that this implies that the Player has agreed to these Terms of Service.
- 'Incentive' means FreePlayo Points or free plays in exchange for an action by a Player, such as, but not limited to, inviting friends to join, filling out more registration information, or taking a Partner survey, starting a Forum discussion, sharing FreePlayo content on third party social media sites. The incentive would be offered in terms of a number of Points or free plays for a defined action.
- 'Partner Promotion' or 'Promotion' refers to an offer to a Player that does not involve the redemption of Points.
- ‘Redemption’ or ‘redeem’ refers to the exchange of FreePlayo Points for a Reward pursuant to these Terms of Service.
- ‘Reward’ refers to a cash amount, physical product, or service offered in exchange for FreePlayo Points. Current Rewards are listed in a dedicated area of the FreePlayo website.
- 'Buy Now Reward' refers to a Reward that may be obtained by a Player through a combination of FreePlayo Points and an online payment.
- 'FreePlayo Promotion Partner' or 'Promotion Partner' means an owner and/or operator of a website/business which advertises products and/or services on the FreePlayo website. Also referred to as sponsors and advertisers.
- ‘FreePlayo Reward Partner’ or ‘Reward Partner’ means an owner and/or operator of a website/business whose products and/or services are offered as Rewards or Buy Now Rewards.
- 'FreePlayo Partners' will refer to both 'Promotion Partners' and 'Reward Partners' collectively.
- ‘FreePlayo Points’ refers to points earned by a Player through game play or incentive. ‘FreePlayo Points’ are neither transferable nor hold any value outside of the FreePlayo program, but may be redeemed for Rewards pursuant to these Terms of Service.
3. CHANGES
- FreePlayo has the right at any time to make any changes (whether material or otherwise) to the FreePlayo program, Privacy Policy and these Terms of Service, even if they alter the perceived value of FreePlayo Points that Players may have already accrued.
- Changes may include, for example:
- The ways in which FreePlayo Points are awarded and redeemed;
- FreePlayo Points earning and redeeming rates;
- Redemption methods;
- The expiry of accrued FreePlayo Points.
- FreePlayo will endeavour to notify Players of any changes to the program or to these Terms of Service but shall not be liable in any way for failure to do so.
- Without limiting clause 3 in any way, Players will be deemed to have received notification of any changes by way of:
- A notice sent to the email address provided to FreePlayo by the Player; or
- A notice on the FreePlayo website.
- Players are deemed bound by any change the instant FreePlayo posts notice of the change on the FreePlayo website.
4. ELIGIBILITY FOR MEMBERSHIP
- Membership is free and there is no charge to join and participate in FreePlayo.
- Membership of FreePlayo is open to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.
- An individual wishing to become a FreePlayo Player must sign up via the FreePlayo website.
- An individual may only have one FreePlayo Membership
- Players acknowledge that to redeem FreePlayo Points for a cash Reward requires that the Player possess a Thai bank account in the Player's name or that the Player must personally visit FreePlayo or the Reward Partner to receive the cash.
- Players acknowledge that the redemption of FreePlayo Points for non-cash Rewards may require residency in Thailand or that the Player must personally visit FreePlayo or the Reward Partner to receive the Reward according to Terms and Conditions set by FreePlayo Reward Partners for each Reward. (See also 10. FreePlayo POINTS REDEMPTION)
- FreePlayo has the right, at its sole discretion, to accept or reject an application for Membership, or to terminate Membership at any time, including under the following circumstances:
- When a prospective Player is ineligible to be a member;
- When it becomes known that a current Player is ineligible;
- When a Player possesses more than one Membership';
- When a Player breaches these Terms of Service
5. PLAYER OBLIGATIONS AND RESPONSIBILITIES
- Players must not:
- Act in any way which breaches these Terms of Service; or
- abuse or misuse FreePlayo Points or FreePlayo Partner Promotion or Reward, or any points, benefits, facilities, services, or arrangements accorded to the Player as a result of Membership, including by:
- engaging in illegal or fraudulent activities;
- supplying or attempting to supply false or misleading information, or making a misrepresentation to FreePlayo or any FreePlayo Partner;
- selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any promotion, benefit or FreePlayo Points other than in accordance with these Terms of Service;
- acting in a hostile, abusive or aggressive way towards FreePlayo staff
- Players must advise FreePlayo of any change of email address, or other details as soon as possible after the change. Changes to Player details should be made via the Player's account at the FreePlayo website where a facility exists to manage these details.
- Each Player is responsible for regularly checking their account and must notify FreePlayo of any omissions, incorrect entries or other discrepancies within thirty days of a transaction occurring. FreePlayo reserves the right to require proof of the transaction, including, for example, email notifications.
6. ADVERTISING AND PROMOTIONS
- The Player acknowledges and accepts that FreePlayo will email and display on the FreePlayo website advertising material promoting FreePlayo and FreePlayo Partners. To opt out of such messaging is to cancel FreePlayo Membership.
7. FreePlayo PROMOTION PARTNERS
- The Player acknowledges and accepts that while FreePlayo will take reasonable care to ensure that FreePlayo Partner promotions are genuine, FreePlayo will take no responsibility for any form of loss, injury, or inconvenience sustained by a Player in pursuing a FreePlayo Partner promotion.
- The Player acknowledges that FreePlayo acts as a referral agent for FreePlayo Partners and is not responsible for the quality of goods and/or service purchased, redeemed, or consumed. Any false claims will result in termination of Membership.
- FreePlayo Partners do not have any authority, express or implied, to make any representation, warranty or statement on behalf of FreePlayo and FreePlayo accepts no liability in respect of such representations, warranties or statements.
- FreePlayo makes no express or implied warranties or representations with respect to any of the products and services of FreePlayo Partners including without limitation, any warranties of fitness for purpose, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage.
- The Player acknowledges that the FreePlayo Partner is solely responsible to the Player for promotion s and/or services purchased by the Player from the FreePlayo Partner.
- Where applicable, to earn FreePlayo Points for shopping with FreePlayo Partners, the Player must visit the FreePlayo Partner's website via clicking on their designated shopping link on the FreePlayo website. Visiting a FreePlayo Partner directly, without clicking via the FreePlayo points website, is not an Eligible Action.
8. FreePlayo POINTS
- ‘FreePlayo Points’ refers to points earned by a Player for an eligible action taken by the Player while participating in the FreePlayo program.
- In order for FreePlayo Points to be credited to a Player's account, the Player agrees to have cookies turned on within the Player's Internet browser.
- FreePlayo will not be responsible for any delay or failure to credit FreePlayo Points to the Player's account or to classify the FreePlayo Points as Available FreePlayo Points.
- It is the Player's responsibility to check if FreePlayo Points have been credited and that transactions in the Player's account are accurate. If the Player discovers any inaccuracy, it is the Player's responsibility to notify FreePlayo.
- FreePlayo reserves the right at any time to amend the status, reverse or cancel any FreePlayo Points that have been incorrectly credited to a Player's account, or have been acquired in breach of these Terms of Service.
- ‘FreePlayo Points’ may not be transferred, sold, bequeathed or inherited
- FreePlayo Points are used only to record a Player's entitlement to redeem Rewards in accordance with these Terms of Service.
- FreePlayo Points are not redeemable in the event that:
- FreePlayo ceases to carry on business for any reason;
- FreePlayo is wound up or a receiver or administrator is appointed;
- there are no FreePlayo Rewards listed on the FreePlayo website;
- FreePlayo Points are replaced by an alternative benefits scheme
9. NO GUARANTEE
- FreePlayo gives no warranties, guarantees, or representations regarding the number of FreePlayo Points a player might be awarded for an eligible action.
10. FreePlayo POINTS REDEMPTION
- A ‘Reward’ refers to cash, a physical product, a service, or a promotion offered by FreePlayo or FreePlayo Reward Partners in exchange for FreePlayo Points. Current Rewards are listed in a dedicated area of the FreePlayo website.
- FreePlayo reserves the right to set and change the FreePlayo Points requirement for each Reward at any time.
- Players acknowledge that to redeem FreePlayo Points for a cash Reward requires that the Player possess a Thai bank account in the Player's name or is available to receive the cash in person at the office of the Reward Partner.
- FreePlayo takes your personal information very seriously and will not share a player's bank information with any third-party. See also Privacy Policy.
- Players bank details shall be entered through SSL High-level encryption, at 128 bits. See also Privacy Policy.
- Players acknowledge that the redemption of FreePlayo Points for non-cash Rewards may require residency in Thailand according to the Terms and Conditions set by FreePlayo Payment Partners for each Reward.
- When a Reward is claimed by a Player using his/her FreePlayo Points, the Player will receive by email a Player Reward Ticket, which should be referred to in any interaction with the Payment Partner.
11. FreePlayo REWARD PARTNERS
- Players acknowledge that where a Reward is offered by a FreePlayo Reward Partner, it is the Reward Partner and not FreePlayo which is responsible for the delivery of the cash, product, or service described by the Reward, and that the Reward will be subject to Terms and Conditions set by the Reward Partner.
- FreePlayo makes no express or implied warranties or representations with respect to any of the products and services of FreePlayo Reward Partners including without limitation, any warranties of fitness for purpose, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage.
- FreePlayo Reward Partners do not have any authority, express or implied, to make any representation, warranty or statement on behalf of FreePlayo and FreePlayo accepts no liability in respect of such representations, warranties or statements.
12. COMMUNICATIONS
- FreePlayo may provide opportunities for Players to publish information on the FreePlayo website, by way of forums, social networks, chat, player profile pages, player messaging and other interactive activities.
- It is a condition of Membership that the Player shall not:
- Post or transmit any material which is unlawful, abusive, defamatory, pornographic, profane or incites hatred, including racist or derogatory remarks;
- Post or transmit any material which infringes on a person’s privacy or copyright without their explicit prior consent;
- Post or transmit any material of a commercial nature which contains promotion or advertising.
- FreePlayo reserves the right to edit or delete any postings or communications made by Players which it feels violates these Terms of Service and/or degrades the overall user experience.
- The FreePlayo Forums has its own set of rules, which must be respected by Players and users of the Forums.
13. ACTIVITY STATEMENTS
- FreePlayo provides its individual Players an online account where they can track all FreePlayo Points awarded in addition to administering their contact information and preferences.
- Players may access activity statements free of charge from within their account at the FreePlayo website.
- While every care is taken to ensure that mistakes won’t happen, FreePlayo shall not be held responsible or in any way liable for inaccurate activity statements.
14. INACTIVE ACCOUNTS
- A Player's account is deemed to be inactive when no Activity has been logged for a period of 10 days.
- Player accounts deemed to be inactive will be deducted 50 FreePlayo Points per 5 days ('account inactivity penalty) until such time that the account balance is zero or a Player Activity is logged.
- Inactive accounts with a balance of zero points will be suspended by FreePlayo; if a Player's account is suspended due to inactivity and the Player wishes to join FreePlayo again they are welcome to reactivate the account.
- FreePlayo reserves the right to modify the account inactivity penalty and definition of an inactive account at its sole discretion and at any time.
15. DISCLAIMER
- FreePlayo and its employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits) arising under or in connection with these Terms of Service of FreePlayo, including, without limitation, any changes to the Terms of Service of FreePlayo.
- FreePlayo makes no express or implied warranties or representations with respect to any FreePlayo product, (including without limitation, any warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing or trade usage).
- FreePlayo makes no representation or warranty that the operation of FreePlayo's site or FreePlayo's accounting systems will be uninterrupted or error-free, and FreePlayo will not be liable for the consequences of any downtime or errors.
16. TERMINATION
- These Terms of Service are effective until Membership is terminated by FreePlayo or the Player.
- FreePlayo and the Player may terminate the Player's Membership at any time providing written notice has been given to the other party via email, fax or post.
- FreePlayo provides a facility for the Player to cancel their Membership.
- If Membership is terminated for any reason, all FreePlayo Points linked to that account are also terminated and are irrecoverable.
- Membership will terminate automatically on the death of a Player. FreePlayo will close the Player's account on notification of the Player's death.
- FreePlayo reserves the right to suspend or terminate the FreePlayo Points program at any time without prior notice. FreePlayo will not be liable for the suspension or termination of the FreePlayo Points Program on any account whatsoever including (without limitation) for any Points balance in a Player's account at the time of suspension or termination.
17. JURISDICTION
- The Laws in Thailand govern this agreement at all times. All parties are bound to the jurisdiction of the Thai Courts for the settlement of any disputes or claims that arise from participation in this service or in connection with this agreement.
18. PERSONAL INFORMATION/PRIVACY
- FreePlayo is mindful of your privacy concerns and is committed to maintaining the highest possible standards of privacy when handling your personal information.
- The FreePlayo Privacy Policy describes how FreePlayo handles your personal information.
- It is agreed and acknowledged by the parties that the terms of the FreePlayo Privacy Policy form part of these Terms of Service.
19. BUY NOW REWARDS & ONLINE PAYMENT
- Players acknowledge that where a Buy Now Reward is offered by a FreePlayo Reward Partner, it is the Reward Partner and not FreePlayo which is responsible for the delivery of the product or service described by the Buy Now Reward, and that the Buy Now Reward will be subject to Terms and Conditions set by the Reward Partner.
- FreePlayo provides a secure online third-party payment gateway for Players to pay the cash component of a Buy Now Reward. Players acknowledge that any payment of monies via this gateway is NON-REFUNDABLE.
- Players undertake to make every effort to confirm availability of the product or service with the Reward Partner before proceeding with payment.