End User Transaction Terms

 

Version No.2: Effective 1st October 2024

 

These End User Transaction Terms (“Terms”) apply to you, as an “End User” governed by our End User Terms and Privacy and Cookies Policy, when you choose to purchase any services offered by a Creator (the “Services”) made available via Playware’s platform (the “Platform”).

 

  1. What happens when an End User subscribes to any Services?

 

If you choose to purchase any Services, the agreement in place for such purchase is between you and the Creator only, Playware is not a party to such agreement (and nor are any of its affiliates). Playware’s sole role is to facilitate the payment by you to the Creator(s) from whom you are purchasing Services. 

 

2.     Duration

 

In respect of Services which are not provided via live broadcast, you shall be entitled to access any Creator’s content (whether audio and/or visual) arising out of the provision of the Services (the “Content”) unless and until: (a) the subscription term for that Content ends (as notified to you at the time of such subscription); (b) any fees payable by you in accordance with paragraph 3 below are rejected or reversed for any reason; (c) you are in breach of the End User Terms or otherwise have your account suspended or terminated for any reason by Playware; (d) you terminate your Platform account; or (e) the Creator chooses to remove their Content from the Platform. Services provided via live broadcast shall only be accessed via that broadcast.

 

3.     Payment to Creators

 

When you choose to purchase any Services you must pay the fees for such Services, in the digital currency Babecall, as displayed to you via the Platform (including VAT, if applicable). You authorise Playware (or any affiliates, including Cellcast UK Limited), to act as payment intermediary for such transaction, deducting Playware’s Platform fees and other applicable deductions such as taxes in doing so, before then converting the remaining Babecall into sterling (or other such currency as agreed with the applicable Creator) and paying the balance to the applicable Creator(s).

 

4.     Refunds

 

Refunds are dealt with in accordance with the End User Terms.

 

5.     Intellectual Property

 

Playware will monitor Content to the extent required to fulfil its compliance and regulatory obligations as Platform provider.

 

With respect to the transmission of Content on the Platform or any other Playware owned or controlled and/or third party owned or controlled TV channels, websites, apps or webcams, Playware shall own and may therefore use, at its discretion, all Content (whether audio and/or visual) and grants you a non-exclusive, personal, non-sublicensable, non-transferrable licence to access and view the Content on your personal device in accordance with the End User Terms.

 

6.     Entire Agreement

 

These Terms shall represent the entire understanding and constitute the entire agreement between you and the Creator relating to your subscription for any Content.

 

  1. Governing Law and Dispute Resolution

 

These Terms will be governed by and construed in accordance with English law.

 

In the event of a dispute if you reside in the UK or EEA, any claim shall be subject to the jurisdiction of the courts of England and Wales or the courts of the country where you live. If you reside anywhere else, any claim must be brought in the courts of England and Wales.