GENERAL TERMS AND CONDITIONS OF USE
GENERAL TERMS AND CONDITIONS OF USE
This website is an online skill game site operated by ABSOLUTELY DIGITAL LIMITED (hereinafter the "Site Operator"). Please read, understand and accept these Terms and Conditions carefully before subscribing to the service offered by Froggytop.com (hereinafter referred to as "The Site"), as they constitute a legally binding agreement (hereinafter referred to as the "Agreement") between the Site Operator and any person who has chosen to become a member (hereinafter referred to as the "Subscriber") of the Site and accepts these Terms and Conditions.
These terms and conditions are available at any moment using the direct link from every page of the Site.
2. Legal information
The site and its Services are edited by the company: ABSOLUTELY DIGITAL LIMITED having its registered office Al Masraf Tower, Office No. 1407, Baniyas Road, P.O. Box
338475, Dubai, United Arab Emirates
Customer Service email: email@example.com
3. Acceptance of terms and conditions
The Subscriber states that they have full legal capacity, allowing them to commit to these General Conditions. Acceptance of these is represented by a box on the registration form.
Any subscription to the Service, registration to the Site and request for information made by the Subscriber on the Site as well any use of the Site whatsoever implies full and unconditional acceptance of these Terms.
Froggy Top reserves the right to update and amend these Terms at any time without notice, and the Subscriber’s continued use of the Service following any changes shall be deemed to be an acceptance of such update or amendment. It is therefore the Subscriber’s responsibility to check the General Conditions regularly for any update or amendment.
Access to The Site is strictly prohibited to persons under 18 years of age. The Subscriber hereby declares and certifies that he is at least eighteen (18) years of age and has the legal capacity to enter into such agreements.
4. Characteristics of Service and its products
4.1 The game
The Site offers skill, reflection and quick answers games. All contests offered on this Site are based on quizzes that must be answered within the specified time frame. Subscribers must respond correctly and give the right answer faster than other Subscribers in order to improve their ranking.
Every day, Subscribers can participate in competitions as many times as they want to improve their record time.
Subscriber s will still be able to check their ranking in a particular competition to see how many points they need to reach the playoffs to win the prizes they have chosen.
The best player will win the gift at the end of each competition. The gift to be won is posted on the competitions page.
A Subscriber can win a maximum of four competitions in a 30-day period.
4.2 Special and promotional offers
If a member subscribes to a paid trial subscription, the paid trial is automatically renewed upon its expiry, unless it is cancelled during the trial period. The standard trial period is 72 hours.
As soon as a member subscribes to a paid trial subscription, he can access the entire Site as a temporary Subscriber. The subscription will start automatically when the trial period expires. A Subscriber may start participating in all competitions during the trial period. However, to receive the products he is likely to earn during the trial period, the Subscriber must extend his subscription by at least 3 month. Promotional offers including a welcome offer are limited to one per household, per person, per debit/credit card and per IP address and remain valid while supplies last.
If a particular product offered by The Site is out of stock, the Subscriber will receive the same product of a different color, or a similar product.
4.3 To receive a welcome offer, a Subscriber must:
Connect to the Site and provide a postal address so that the Site can send the price. Pay the amount of the welcome offer with a valid credit card.
Once a Subscriber has met the required conditions, the welcome offer will be sent as soon as possible.
Please note that The Site cannot be held responsible for any delay in delivery. In the case of a product not received, it must be claimed within 45 days of the date of shipment.
Please refer to the "Return Policy" section if a welcome offer is found to be defective.
If a Subscriber has to send a welcome offer back to the Site, the related shipping costs remain the responsibility of the Subscriber. Requests for reimbursement of shipping costs will not be accepted.
5. Access to Service
Access to the service requires a subscription in accordance with Article 5.1
To subscribe to the Service, the Subscriber must fill out the form provided for that purpose within the Site, including complete all fields, all required fields except mobile phone. Any incomplete application may result in poor service delivery.
The Subscriber guarantees that all information given on this form is current and accurate, and in no way misleading.
The Subscriber undertakes to provide a delivery address and any changes (including change of address)
The Subscriber acknowledges and agrees that the information entered when he create his account is credible evidence of his true identity. The information provided by the Subscriber shall be considered as certain and validated. Froggy Top reserves the right to verify the accuracy of the data provided by the Subscriber.
Once registered and after payment of the Service in accordance with Article 5.4, the Subscriber receives an email confirmation of registration.
5.2 Quarterly subscriptions
Quarterly subscriptions will be automatically renewed as soon as they expire. If we receive a cancellation request following renewal, the subscription will remain active until the expiry date of the current subscription period.
When a person registers to become a Subscriber of The Site, they must enter a valid credit card as payment method. The payment method can be authorized to bill for 3 months of service as soon as the person registers. If the available balance or credit limit does not cover the entire subscription, The Site access can be limited until the cost that can be covered.
If Subscribers cancel their subscription, the account will remain active until the end of the subscription period. However, if Subscribers win a game that ends after the subscription expires, they will not be eligible to receive the gift.
Subscription fees will be charged for 3month at a time. Subscription rates and benefits are subject to change without notice.
5.3 Special Welcome Offer "Froggy Top for $1"
Special welcome offer "Froggy Top for $1" allows a user unsubscribed to subscribe to the service, receiving a special offer for $1, as a welcome gift for any new subscription. This offer is limited to one per household, per person, per debit/credit card and per IP.
5.4. Price and methods of payment
The quarterly service fees is $88, amount corresponding to the quarterly subscription and product shipping within Singapore.
The quarterly payment will only be made through a credit card. Thereafter, the quarterly service fee is automatically debited from the Subscriber's card that he chose to use for his subscription.
This quarterly debit will be performed by a specialized provider of secure payment solutions.
Froggy Top under no circumstances will keep any banking data of its Subscribers. Charge of the quarterly service fee is carried out once the period expires.
The Subscriber guarantees Froggy Top that he has the authorizations necessary to accept the price of the Service to confirm to the provisions of this section.
The Subscriber agrees to take steps to ensure that payment of the quarterly service fee can be made under acceptance measures.
Froggy Top reserves the right to suspend or cancel delivery of the product and / or unsubscribe the Subscriber :
- in case of non-payment of any sum payable by him
- in case of a payment incident or in the event of fraud or attempted fraud in the use of the Service.
Froggy Top deliveries are made to the delivery address specified at the time of Subscriber registration.
Deliveries are made by postal delivery within 3 or 4 weeks after the debit of the quarterly service fee.
If the Subscriber does not receive the requested product in the time specified in this section he may inform Froggy Top by mail : firstname.lastname@example.org.
7. Duration of service
The service is for an indefinite period.
8. End of service
The Subscriber may unsubscribe from the Service at any time and for any reason. In this case, he shall notify Froggy Top by sending an e-mail to the Customer Service to the following address: email@example.com or by clicking on the tab “unsubscribe” on the Site. The termination of the Subscriber will be confirmed by return mail.
The Service shall be terminated at the end of the then current subscription period, provided that the request is received by the Customer Service at least 48 hours before the end of the above mentioned subscription period. Upon termination, the Subscriber will no longer have access to the Service and will no longer pay the quarterly subscription fee. If the notification period (48 hours) is not met, the quarterly subscription will be renewed and the subscription fee for that quarter will become payable.
Termination of the Service shall not under any circumstances give rise to a refund of the subscription fees or the 1 dollars purchase paid to Froggy Top.
Froggy Top reserves the right to terminate the Services at any time and for any reason, subject to a notice period of fifteen (15) days. Termination by Froggy Top will be notified to Subscribers by e-mail sent to the address provided by the Subscriber. The Subscriber whose account is terminated by Froggy Top shall stop using the Service and will no longer receive information via e-mails.
Violation of any of the terms will result in the termination of the Subscriber 's account by FroggyTop without prejudice to its other legal rights and remedies.
9. Availability of the Website
Froggy Top reserves the right to modify and make improvements to the Site, whether technical, functional, aesthetic or otherwise. This may temporarily interrupt access to the Site. Access to the Site may also be temporarily interrupted for maintenance purposes. Froggy Top shall use its best efforts to notify Subscribers of the interruptions at least 12 hours beforehand through posting a notice on the Site, unless such interruptions are urgently required.
In case of permanent closure of the Site, Froggy Top shall use its best efforts to notify Subscribers at least 3 month beforehand, on the Site. Subscription fees accrued before the date of closure shall still be payable.
10. Disclaimer of warranty
The Service, the Site, its use, all contents therein, any products or services provided by the Site Operator shall be made available on a “AS IS” without any warranty of any kind, including without limitation all implied warranties of merchantability or fitness for any particular purpose.
11. Return Policy
The Site authorizes a Subscriber to return a product if it is damaged or defective upon delivery.
The return of a product is authorized from the time the Subscriber receives the product, within 30 days of receipt of the product. However, the Subscriber must inform The Site of his intention to return the product within 14 days of receiving it. If the Subscriber decides to return a product, he must return it to the sender indicating the email address he used when registering.
E-mails requesting a product return should be sent to firstname.lastname@example.org.
Any product that has been used cannot be returned.
Froggy Top is committed to conduct regular checks to ensure the performance and accessibility of the Site. Therefore, it reserves the right to temporarily suspend access to this Site for maintenance. Similarly, Froggy Top is not responsible for the difficulties or impossibilities of momentary access to the Site that have their origin in circumstances that are external, force majeure, or arising because of disruption of the telecommunications network access.
Likewise, Froggy Top is not liable for failure or delay in performance of the contract by force majeure or interruption or total or partial strike of postal services and transport and communications in Singapore.
13. Intellectual property.
Systems, software, facilities, infrastructures, databases and contents (texts, images, video, music, logos, trademarks, etc... ) managed by Froggy Top in connection with the Service are protected by intellectual property laws. All disassembly, decoding, extraction, reuse, prints and more generally, any act of reproduction, distribution and use of any of these elements, in whole or in part, without the express permission of Froggy Top, are strictly prohibited and will be prosecuted by judicial law.
14. Personal and banking data
The Subscriber has the right to object, access, correct and delete the data concerning them. Each subscriber can take this right by sending an email to email@example.com
Froggy Top warns its Subscribers that their personal data could be used by the company or its partners.
15. Prohibited Actions
( i) any behavior that can stop, pause, delay or prevent the continuity of service,
( ii ) any intrusion or attempted intrusion into systems of Froggy Top,
( iii ) any misuse of The Site resources,
( iv ) any action that may impose a disproportionate burden on the infrastructure systems Froggy Top,
( v ) any violation of security measures and authentication
( vi) any act that may infringe the rights and financial, commercial or moral interests of Froggy Top and its users.
( vii ) any violation of these terms and conditions.
In case of breach of any provision of this paragraph, or, more generally, violation of any of these laws and regulations, Froggy Top reserves the right to take all appropriate action and initiate any legal action.
Froggy Top reserves the right to introduce at any page of the Site all advertising or promotional messages in the manner and on the terms at its own judgment. Generally speaking, the Subscriber agrees to be informed that Froggy Top can spread all kinds of advertising and promotional content on the Site.
17. Governing Law and Jurisdiction
These general conditions are governed by the law of the United Kingdom.
In case of dispute concerning the interpretation and / or execution of these conditions, the parties agree that the courts of the United Kingdom shall have exclusive jurisdiction to judge, except for any contrary mandatory standard.
19. Entry into force
The present general conditions come into force on June 25th 2019.