TERMS AND CONDITIONS

Ownership and Incorporation:

The ownership of this Platform, whether accessed via application, website, or any other means, belongs to Global Business Media Group FZE, a company incorporated in the United Arab Emirates. In these terms and conditions, references to “us,” “we,” “our,” and “Privlisty” pertain to Global Business Media Group FZE.

Your Agreement to Terms:

Your utilization of our Platform is subject to these terms and conditions (“Terms and Conditions”). It is your responsibility to regularly review these Terms and Conditions, as we retain the right to modify them without prior notice. By continuing to use our Platform, you indicate your full agreement with these Terms and Conditions. If you cannot enter into a legally binding contract according to applicable laws or do not agree to these Terms and Conditions, you must refrain from using our Platform immediately. By persisting in the utilization of our Platform, you are expressing your complete agreement with these Terms and Conditions.

INTRODUCTION

Definitions:

  • “Platform”: Refers to the provided platform through which you can access Privlisty, whether via our mobile application, website, or any other device enabling platform access.
  • “Member”: Denotes a social media influencer, socialite, celebrity, model, promoter, mannequin, instagrameur, presenter, or another influential person accepted by Privlisty team, having an account for the purpose of eligibility for Promotions (defined below).
  • “Service Provider”: Encompasses any hotel, restaurant, beauty salons and clinics, designer, venue, events company, brand, service provider, product owner, or other entities accepted by Privlisty team to provide Promotions for Members.
  • “Promotion” or “Promotions”: Signify any event, product, service, or other offerings that a Service Provider wishes Members to avail, in accordance with these Terms and Conditions.

Third Party Terms and Conditions: 

Specific features of our Platform may be subject to third-party terms and conditions, such as availing services, products, venue or event terms, and conditions, and Promotion-related terms. Members and Service Providers must adhere to these additional terms, which supplement, but do not replace or exclude, these Terms and Conditions. We act solely as a Platform facilitator, connecting Members with Promotions from Service Providers. We do not employ Members or have affiliations with Service Providers and/or Promotions. The terms and conditions of the relevant Service Provider govern the applicable Promotion. Members must familiarize themselves with Service Provider terms before agreeing to a Promotion and comply with them throughout the Promotion.

License to Use: 

Subject to the rest of these Terms and Conditions, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform according to these Terms and Conditions. We reserve the right to revoke any or all authorizations at any time.

Lawful Purposes: 

You commit to using our Platform only for lawful purposes, ensuring no infringement on third-party rights or interference with their use and enjoyment of the Platform, whether they are Members or Service Providers.


RESTRICTIONS ON USE

The rights granted to you under these Terms and Conditions are subject to the following limitations:

1.2.1 You are prohibited from modifying, creating derivative works of, disassembling, reverse compiling, or reverse engineering any part of our Platform or its content.

1.2.2 Accessing our Platform to construct a similar or competitive website, platform, product, and/or service is strictly forbidden.

1.3.3 Except as explicitly stated herein, no part of our Platform may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without our express written consent.

1.3.4 All copyright and proprietary notices on our Platform (or on any displayed content) must be retained on all copies, and the source must be clearly displayed.

1.3.5 Unless indicated otherwise, any future release, update, or additional functionality of our Platform is subject to these Terms and Conditions.

MODIFICATIONS

Regularly review these Terms and Conditions, as we reserve the right, without prior notice, to amend or modify them, suspend or discontinue our Platform, Promotions, or your use of the Platform.

NO SUPPORT, MAINTENANCE, OR PROTECTION

You acknowledge that we are not obligated to provide support or maintenance for our Platform. We cannot guarantee the absence of viruses or harmful code, and it is your responsibility to ensure your device is adequately protected.

TERM

These Terms and Conditions apply continuously during your use of our Platform. They remain in effect each time you register as a Member, inform us of a Promotion, avail a Promotion from a Service Provider, or access our Platform for any other reason.

SERVICE DESCRIPTION

We offer an online Platform for Service Providers to connect with Members for Promotions. The process involves a Service Provider submitting a Promotion request to Privlisty team, which then internally processes the request from its membership database.

Service Providers make Promotion requests through their accounts, and Privlisty team confirms the request for action at its sole discretion. Requests are typically handled on a first-come-first-serve basis, and we reserve the right to reject any unserviceable or inappropriate requests.

During high request volumes, the Privlisty team may be unable to promptly act on a request. Confirmation is typically provided within 24 hours, with potential clarifications sought before confirmation.

Upon accepting a Promotion request, the Privlisty team selects Members suitable for the Promotion, providing them with details and requesting their participation. Members can accept or reject the request. If confirmed, Members are expected to represent Privlisty appropriately on social media, and feedback from Service Providers about Members is a precondition for availing Promotions.


ACCOUNT CREATION

When creating an account with us:

  • You are responsible for ensuring the accuracy of the information you submit. All information must be provided in good faith, true, accurate, and not misleading.
  • Regularly review and update your information to ensure accuracy. You have the flexibility to delete or update saved information at any time.
  • We may request supporting documentation to verify the accuracy of the provided information. We are not liable for any costs or liabilities incurred due to inaccurate information.

INTERACTIONS AND FEEDBACK

  • Interactions between Members and Service Providers must remain appropriate and professional.
  • Service Providers can provide feedback on Promotions, answering select questions related to timeliness, conduct, Instagram posting, and overall comments on a Member. Positive reviews enhance eligibility for more Promotions.

COMPLIANCE AND RESPONSIBILITIES

  • Ensure that your Promotion (as a Service Provider) and use of our Platform, Promotion availing, and social media posting (as a Member) always comply with applicable laws, rules, and regulations.
  • Do not infringe on third-party intellectual or proprietary rights.
  • Content must be accurate, truthful, and non-misleading. It must not be offensive, illegal, or inappropriate, including the display of explicit material.

ACCOUNT SECURITY

  • Keep your login information confidential and secure. Do not disclose or permit others to use your username and password.
  • You are responsible for all activities associated with your account. Do not use someone else’s account or create multiple accounts.
  • We are not responsible for any activity that occurs through your account.

COMPLAINTS

  • Submit complaints or comments in writing to the provided email address at the end of these Terms and Conditions.

PROFILE INFORMATION

  • Upon successful account creation, you will have a profile on our Platform containing information such as profile picture, Instagram link, age, email, and phone number, as deemed necessary by us.
  • We reserve the right to share this information as we see fit. Refer to clause 7.2 of these Terms and Conditions.

APPLICATION APPROVAL

  • To action requests or become a Member, create an account with us. Requirements will be provided upon account creation.
  • The Privlisty team will review and approve your account, with the right to reject or delete it at our sole discretion. Approval will be confirmed via email. 


LIMITATION OF LIABILITY

The Member and the Service Provider mutually acknowledge that when a Member engages in a Promotion, it forms a direct agreement between that Member and the respective Service Provider. As a Service Provider, you bear sole responsibility for your Promotions and, as a Member, for your conduct throughout your use of our Platform. We do not make any representations, guarantees, or warranties concerning the quality of Promotions, the conduct of Members or Service Providers, the terms and conditions of Promotion availing, the accountability of Members to attend Promotions, or the availability of Promotions or Members at any time during your use of our Platform. Both the Member and the Service Provider are urged to exercise caution, employ common sense, and remain responsible for safeguarding themselves and their property at all times during interactions.

Prohibition of Prostitution: 

The use of our Platform for any form of prostitution is strictly prohibited. We reserve the right to suspend and block access to our Platform if we become aware of such activities. The Platform is intended for engaging Members to avail Promotions as described in these Terms and Conditions exclusively. Any violation of this clause may result in suspension and reporting to the authorities.

Independence of Parties: 

Members and Service Providers are considered independent contractors, and as such, we have no control over them, nor do we assume any responsibility for their actions. You agree to indemnify and hold us (along with our affiliates, officers, employees, and agents) harmless from any claims, demands, costs, or attorney’s fees arising from (a) your use of our Platform and Promotions, (b) violation of these Terms and Conditions or any referenced terms or guidelines (including third-party or Service Provider terms and conditions), or (c) violation of applicable laws and regulations. We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully without settling any matter without our prior written consent. We will make reasonable efforts to notify you of any such claims.

No Responsibility for Liabilities: 

We shall not be held responsible in any way for any liabilities, costs, expenses, losses, or damages, whether to property or person, caused by a Service Provider, Member, or any third party. You agree to indemnify and hold us harmless for any and all liability, damages, claims, costs, losses, or expenses (including reasonable legal fees) resulting from your actions or inactions related to a Promotion or these Terms and Conditions, whether in the form of a suit, claim, or similar action.


NON-CIRCUMVENTION

Throughout your use of our Platform and for a period of one (1) year following the termination or expiration of these Terms and Conditions, you, as a Service Provider, are prohibited from seeking the business of any Member or entering into any direct or indirect agreements or arrangements with Members outside of our Platform. This includes instructing any engaged Agency not to establish any arrangements with a Member. The Service Provider acknowledges that any breach of this obligation may lead to substantial losses and a decline in business opportunities for Privlisty. Subscription fees are strictly non-refundable, even in cases of a breach of this clause.

As a Member, during your membership and for a period of twelve (12) months after your account deletion and discontinuation of Platform use, you are restricted from entering into any contracts, arrangements, or employment with entities or third parties competing with Privlisty. Your involvement in Promotions of the type described in these Terms and Conditions is exclusively reserved for Privlisty.

Additionally, both the Member and the Service Provider acknowledge that our Platform facilitates transactions between them (“Transactions”). In light of this, they agree not to directly or indirectly interfere with, circumvent, attempt to circumvent, avoid, or bypass Privlisty in any Transactions. They further commit not to undermine the relationship between themselves and Privlisty, seeking any form of benefit, be it monetary or otherwise. Using third parties to circumvent this commitment is also strictly prohibited.

We retain the right to suspend any account or individual violating this clause and may pursue further legal measures.


PAYMENT TERMS

It is important to emphasize that our role is solely to provide a Platform through which Members can access Promotions offered by Service Providers. The terms of the Promotion, including but not limited to cancellation policies, payment terms, and liability terms, are governed by the Service Provider’s terms and conditions.

For Service Providers, a subscription purchase is necessary to submit Promotion requests to Privlisty. Subscriptions can be acquired and paid for on a monthly, bi-yearly, or yearly basis at the specified prices accompanying each payment option upon subscription. Subscription fees are non-refundable.

Payments will be processed using the credit card registered by the Service Provider with their account, facilitated through a secure connection provided by one of our third-party payment providers. Subscription payments will be automatically authorized according to the chosen subscription payment package. In the event of an expired or invalid credit card preventing payment, the Service Provider will be unable to accept booking requests until successful payment is made. Accounts that remain unused and unpaid may be subject to deletion at our discretion.

While subscription payments are non-refundable, Service Providers have the option to cancel their subscription at any time by providing written notice to us 7 days before the end of their subscription. No further subscription payments will be deducted following such notice, and the account will be deleted.


INTELLECTUAL PROPERTY

In the context of intellectual property rights, including copyrights, patents, trademarks, and trade secrets (collectively referred to as “Intellectual Property”), it is acknowledged that we, or our relevant third-party suppliers, own and shall continue to own any and all Intellectual Property in our Platform and its content. These Terms and Conditions, as well as your access to or use of our Platform or the Promotions, do not transfer any rights, title, or interest in the Intellectual Property to you or any third party, except for the limited access rights explicitly outlined in clause 1.3 above. All rights not explicitly granted in these Terms and Conditions are reserved by us and similarly reserved for our third-party providers. It is expressly clarified that no implied licenses are granted under these Terms and Conditions or through your use of our Platform.

While we explicitly do NOT claim ownership or intellectual property rights in the content you post on your Instagram or any other social media platform, by displaying or publishing any content related to a Promotion on or through your Instagram or any other social media, you grant us a non-exclusive, fully paid, royalty-free, worldwide, unlimited license and right to use such content, publicly display, reproduce, or modify it. This license includes the distribution of all or part of such content in any media form through any media channel, except for content not shared publicly.

THIRD-PARTY LINKS & ADS; OTHER USERS

Our Platform may include Third-Party Links & Ads, such as links to third-party websites and services or advertisements for third parties. We explicitly disclaim any liability concerning Third-Party Links & Ads and do not review, approve, monitor, endorse, warrant, or make representations about them. The provision of access to Third-Party Links & Ads is solely for your convenience, and your use of any Third-Party Links & Ads is at your own risk. When accessing such links, additional terms and conditions are likely to apply, including the third party’s privacy and data gathering practices. It is advised to conduct any necessary investigations before engaging in transactions related to or accessing any Third-Party Links & Ads.

Your interactions with other Platform users and/or third parties are your responsibility. We are not responsible for any loss, damage, cost, expense, or liability arising from such interactions, including those between Members and Service Providers. In the event of a dispute between you and another Platform user or third party, we are not obligated to intervene or take a defensive stance.

Certain activities, whether legal or illegal, may be harmful, and during your use of our Platform or the Promotions, you may not:

  1. Harass or abuse other users and/or third parties.
  2. Violate the privacy of other users and/or third parties.
  3. Unfairly interfere with others’ uninterrupted use and enjoyment of the Promotions and/or our Platform.
  4. Upload or transmit harmful files, including viruses.
  5. Disrupt, interfere with, or otherwise harm or violate the security of our Platform, system resources, accounts, passwords, servers, or networks connected to or accessible through our Platform.

By using our Platform, you release us and our affiliates from any and all disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action arising directly or indirectly, wholly or partly, from your use of our Platform, including any interactions with other Platform users and/or Third-Party Links & Ads.


DISCLAIMERS

Our Platform and all the information contained herein are provided strictly on an “as-is” basis. We explicitly disclaim all warranties and conditions, whether express, implied, or statutory, including but not limited to merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not guarantee that our Platform, the Promotions, or any related service or aspect will meet your requirements or expectations, be available on an uninterrupted, timely, secure, and error-free basis, or that our Platform will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe at all times. If applicable law necessitates any warranties concerning our Platform and/or the Promotions, such warranties are limited in nature and duration to the minimum requirements imposed by law.

LIMITATION ON LIABILITY

To the fullest extent permitted by applicable laws, we disclaim any liability for sickness, property damage, theft, loss, loss of profits, loss of data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or in relation to these Terms and Conditions and/or your use or inability to use our Platform and/or the Promotions. Accessing our Platform and/or availing a Promotion is strictly at your own risk. By accessing our Platform, you assume sole responsibility for any damage to yourself, your belongings, and/or the device you use to access our Platform, as well as any resulting loss.

To the maximum extent permitted by law, notwithstanding anything to the contrary herein, our maximum liability arising from or in relation to these Terms and Conditions, your use of our Platform, or any form of action, shall be limited to fifty USD ($50.00) or the value of your membership, whichever is higher. The aggregate limit remains unaffected by the existence of multiple claims. You agree that third parties shall have no liability arising from or relating to these Terms and Conditions.

We shall not be liable for any breach of these Terms and Conditions caused by events beyond our reasonable control, including but not limited to acts of God, accidents, governmental actions, regulations, prohibitions, or measures of any kind.

These Terms and Conditions do not affect your legal rights under any mandatory consumer protection laws that cannot be excluded or limited by applicable law.

TERM AND TERMINATION

Subject to this clause, these Terms and Conditions will be in force as long as you use our Platform, avail a Promotion, or have an account with us. We reserve the right to suspend or terminate your rights to use our Platform at our sole discretion, for any reason. Upon termination, your account and access to our Platform will be immediately terminated, and we shall not be liable for any consequences. Even after termination, certain provisions, including but not limited to clauses 1, 4, 5, 7, 8, 9, 10, 11, 12, and 13, will remain effective and enforceable against you.


GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions shall be governed and interpreted in accordance with the laws of United Arab Emirates currently in force. All claims and disputes (excluding claims for injunctive or other equitable relief as outlined below) arising from these Terms and Conditions shall be resolved amicably between us within ninety (90) days from the date of occurrence. If an amicable settlement cannot be reached, the dispute will be referred to and ultimately settled by the Dubai International Financial Centre (“DIFC”) courts.


FACEBOOK

We utilize Facebook data to suggest the best events for you. If you wish to delete your account, you can do so by requesting it at contact@privlisty.com. The complete deletion process will be finalized within one month.


GENERAL

Survival of Agreement: 

These Terms and Conditions will persist beyond the termination of your account with us for a period of five (5) years from the date of your last visit to our Platform or the termination date, whichever is later. 

Electronic Communications: 

All communications between us and you will be conducted electronically. For contractual purposes, you (i) agree to receive communications from us in an electronic form, and (ii) acknowledge that all terms, agreements, notices, disclosures, and other communications provided by us electronically satisfy any legal requirement as if they were in hardcopy. This provision does not affect any non-waivable rights. 

Entire Terms:

These Terms and Conditions, along with our privacy policy and cookies policy, constitute the entire agreement governing the use of our Platform and the Promotions. Our failure to enforce any right or provision shall not be construed as a waiver of such right or provision. Section titles are for convenience only and hold no legal or contractual effect. The term “including” means “including without limitation.” Any waiver of rights and limitations in these Terms and Conditions may be granted by the party against whom the claim is made, without waiving other parts of these Terms and Conditions. If any part of these Terms and Conditions is deemed invalid or unenforceable by a court of competent jurisdiction, the specific part or parts shall be severed, and the remainder shall continue in full force and effect. These Terms and Conditions, along with your rights and obligations, may not be assigned, subcontracted, delegated, or transferred by you without our prior written consent, and any attempted violation of this provision will be null and void. We may freely assign these Terms and Conditions at our sole discretion, and the terms shall be binding upon assignees. Copyright/Trademark Information: Copyright © 2024 (Privlisty) Global Business Media Group. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on our Platform and in relation thereto are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the respective third party that may own the Marks. 

Contact: For any inquiries, please contact us at the following email address: contact@privlisty.com