1 Our Service
- 1.1 https://playwaze.com , the Playwaze mobile app, and it’s associated white labelled apps are operated by Playwaze Ltd, company number 08321430, with registered office at Steward House, 14 Commercial Way, Woking, GU21 6ET (the Supplier, We, Us)
- 1.2 The Platform provides a suite of features for managing and participating in sports and physical activity (the Service).
- 2.1 You are required to register to the Platform in order to use it.
- 2.2 You must be over 13 years old to register on the Platform.
- 2.3 If you are the parent or guardian of a person under 14 years old you may register that person via your own account. In these instances you are not required to provide any personal details of the person e.g. an email address. As a parent or guardian of a registered person on the Platform you have responsibility for all content and activity associated to that person’s account.
- 2.4 You may create or join Communities on the Platform. A Community represents a club, event, group, or organisation. If you create a Community you may add or invite members to that Community.
- 2.5 If you create a Community you must have the requisite authority to manage a Community for the entity your Community represents.
- 2.6 We reserve the right to remove or disable a community if it is deemed to misrepresent an organisational entity.
- 3.1 Standard services on the web Platform are available free of charge. Some standard services are only available on the mobile app if you purchase an in-app upgrade through the App Store or Google Play.
- 3.2 Individual in-app upgrades are applied to your user account and apply to all Platform usage contexts – all communities and all apps.
- 3.3 You may cancel an in-app subscription at any time through the app store through which you purchased the upgrade.
- 3.4 If you are a member of a Community that has an active Premium Community Subscription you will not require an in-app upgrade to access all standard services within that Community on any Playwaze app.
- 3.5 If you are a member of a Community that cancels a Premium Community Subscription your access to all standard services through the Playwaze app will be terminated, and you must purchase an in-app upgrade to continue using all standard services through the app.
- 3.6 All payments for in-app upgrades are managed through the app store through which you purchase.
- 3.7 Community upgrades may be purchased online through https://playwaze.com or by request through firstname.lastname@example.org .
- 3.8 Community upgrades are billed automatically through our payment gateway – Stripe. You will receive a VAT invoice for each payment you make.
- 3.9 Community upgrades unlock extra features on the Platform. These upgraded features will be made available to your communities and members while your upgrade subscription is active.
- 3.10 You may purchase Community Upgrade Subscriptions monthly or annually. Payment will be taken automatically each month or year or until you cancel your subscription.
- 3.11 You will not receive a refund for unused portions of subscription periods.
- 3.12 Where your Community Upgrade Subscription is based on a member limit, and you exceed your member limit, We will charge you an overage fee per member (details on https://playwaze.com ).
- 3.13 You may change your Upgrade Subscription at any time e.g. to purchase a plan with a higher member limit. Increased plans will be billed at a pro-rata rate according to the remaining term of your current Upgrade Subscription. No refunds are available for reducing a Subscription mid term.
- 3.14 On renewal, if your payment fails We will continue attempts to take payment for 30 days. At this time if payment still fails We will remove your Community Upgrade Subscription.
- 4.1 A peer to peer payments system is available through the Platform. This is operated through Stripe.
- 4.2 Stripe Connect acts as an intermediary API payment gateway and handles all payment transactions between Platform users.
- 4.3 The Supplier does not hold any funds or payment card details.
- 4.4 If you become a Payment Receiver on the Platform you will be required to create a Stripe merchant account, and agree to their Privacy and Terms policy.
- 4.5 Total payment transaction fees are 3.4% + 30p per transaction. This is inclusive of all card fees, and is deducted from the payment recipient at the time of transaction.
- 4.6 Where members overpay to hold funds against their account, these payments are made directly to the Payment Recipient. No payments are made to the Supplier, except for the payment transaction fee.
- 4.7 The Supplier makes no warranties or guarantees in respect of payment transactions between Platform members.
- 4.8 The Supplier shall not be liable for any loss or damage as result of Your use of payments within the Platform.
5 Open Data
- 5.1 The Platform provides opportunities for you to publish your Playwaze data to external websites. This includes league tables, tournament draws, fixture lists and general session data. You are responsible for the data you publish, and ensuring that you have permission to publish it.
- 5.2 If you publish your Playwaze data to external websites, you acknowledge that members’ names may be published to public websites.
- 5.3 If you publish session data publicly, this data will be fed into a third party data aggregator and distributed to many public websites and apps. If the data you publish is intentionally misleading, the Supplier may terminate your account.
- 5.4 If you book and pay for activities through open data listings – sessions published to external websites, the Supplier makes no guaranties or warranties in respect of the booking or payment transaction.
6 Data Protection
- 6.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 5 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
6.3 The parties acknowledge that:
- 6.3.1 For the purposes of data protection legislation,
- 6.3.2 the Supplier is the Data Controller for Personal Data collected to facilitate a person’s standard Platform account.
- 6.3.3 if you create and manage Communities using the Service, you will collect data from members through your Communities on the Platform. You may also upload / export information into / from the Communities you manage on the Platform including (without limitation) fixtures, teams, scores, sessions, news articles. Where such data is Personal Data you will be the Data Controller and you shall ensure that you comply with all your obligations as Data Controller when using such data.
- 6.3.4 the Supplier is the Data Processor for Personal Data collected and stored on behalf of you in the Communities that you manage.
- 6.4 You acknowledge and agree that Personal Data may be transferred or stored outside the EEA in order to carry out the Services and the Supplier's other obligations under these Terms.
- 6.5 You will indemnify the Supplier against any claims, losses, damage, or fines arising from your breach of the Data Protection Legislation in their role as Data Controller.
- 6.6 You acknowledge and agree that your personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the services and the Supplier's other obligations under these Terms.
6.7 The Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under these Terms:
- 6.7.1 ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
6.7.2 not transfer any Personal Data outside of the EEA unless the following conditions are fulfilled:
- 188.8.131.52 the Supplier has provided appropriate safeguards in relation to the transfer;
- 184.108.40.206 the data subject has enforceable rights and effective legal remedies;
- 220.127.116.11 the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred.
- 6.8 The Supplier will notify you without undue delay on becoming aware of a Personal Data breach.
- 6.9 If you are a member of a Community you acknowledge that your Personal Data may be exported from the Platform by your Community administrator e.g. for attendance logs.
- 6.10 If you export Personal Data from your Community e.g. for attendance logs you must comply with all applicable requirements of the Data Protection Legislation when handling that data.
- 6.11 In some cases your Personal Data may be exported to external systems. The Supplier integrates its Platform with external systems for particular organisation clients through Licensing Agreements. In these instances you will always be made aware that your Personal Data may be exported to an external system, and be given the option to decline.
- 7.1 You are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Platform. You agree to notify the Supplier immediately in writing of any unauthorised use of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this clause 7. Under no circumstances will the Supplier be liable, in any way, for any acts or omissions by an account holder.
8 Your Obligations
8.1 You shall not:
8.1.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms:
- 18.104.22.168 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
- 22.214.171.124 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
- 8.1.2 access all or any part of the Services in order to build a product or service which competes with the Service;
- 8.1.3 use the Service to provide services to third parties; or
- 8.1.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Service;
- 8.1.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms:
- 8.2 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify the Supplier.
8.3 You shall not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Service that:
- 8.3.1 is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- 8.3.2 facilitates illegal activity;
- 8.3.3 depicts sexually explicit images;
- 8.3.4 promotes unlawful violence;
- 8.3.5 is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- 8.3.6 is otherwise illegal or causes damage or injury to any person or property; and the Supplier reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this clause .
8.4 Third parties
- 8.4.1 The Service may display advertisements, which are necessary for Us to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- 8.4.2 The Service may provide, or third parties may provide, links to other websites or resources. We have no control over such websites and resources and We are not responsible for the availability of such external sites or resources.
- 8.4.3 We do not endorse and are not liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Supplier shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
9 Supplier’s obligations
- 9.1 The Supplier undertakes that the Service will be delivered with reasonable skill and care and will make all reasonable endeavour to ensure continuous, uninterrupted operation of the Service.
9.2 The undertaking at clause 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Service does not conform with the foregoing undertaking, Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide You with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes Your sole and exclusive remedy for any breach of the undertaking set out in clause 8.1. Notwithstanding the foregoing, the Supplier:
- 9.2.1 does not warrant that Your use of the Services will be uninterrupted or error-free; or that the Service and/or the information obtained by You through the Services will meet Your requirements; and
- 9.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- 9.3 The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms.
10 Your obligations
10.1 You shall:
- 10.1.1 provide the Supplier with all necessary co-operation in relation to the Terms; and
- 10.1.2 comply with all applicable laws and regulations with respect to your activities under these Terms; and
- 10.1.3 be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems and devices to the Supplier's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
11 Proprietary rights
- 11.1 You acknowledge and agree that the Supplier and/or its licensors own all intellectual property rights in the Service. Except as expressly stated herein, these Terms does not grant You any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service.
- 11.2 The Supplier confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these Terms.
12.1 You shall defend, indemnify and hold harmless the Supplier against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with Your use of the Service, provided that:
- 12.1.1 You are given prompt notice of any such claim;
- 12.1.2 the Supplier provides reasonable co-operation to You in the defence and settlement of such claim, at the Your expense; and
- 12.1.3 You are given sole authority to defend or settle the claim.
12.2 The Supplier shall defend You against any claim that the Service infringes any currently effective United Kingdom patent, copyright, trade mark, database right or right of confidentiality, and shall indemnify You for any amounts awarded against You in judgment or settlement of such claims, provided that:
- 12.2.1 the Supplier is given prompt notice of any such claim;
- 12.2.2 You provide reasonable co-operation to the Supplier in the defence and settlement of such claim, at the Supplier's expense; and
- 12.2.3 the Supplier is given sole authority to defend or settle the claim.
- 12.3 In the defence or settlement of any claim, the Supplier may procure the right for You to continue using the Service, replace or modify the Service so that they become non-infringing or, if such remedies are not reasonably available, terminate these Terms on 30 Business Days' notice to You without any additional liability or obligation to pay liquidated damages or other additional costs to You.
12.4 In no event shall the Supplier, its employees, agents and sub-contractors be liable to You to the extent that the alleged infringement is based on:
- 12.4.1 a modification of the Service by anyone other than the Supplier; or
- 12.4.2 Your use of the Service is in a manner contrary to the instructions given to You by the Supplier; or
- 12.4.3 Your use of the Service after notice of the alleged or actual infringement from the Supplier or any appropriate authority.
- 12.5 The foregoing states Your sole and exclusive rights and remedies, and the Supplier's (including the Supplier's employees', agents' and sub-contractors') entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
13 Limitation of liability
13.1 Except as expressly and specifically provided in these Terms:
- 13.1.1 You assume sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use. The Supplier shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Supplier, or any actions taken by the Supplier at Your direction;
- 13.1.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
- 13.1.3 the Service is provided to You on an "as is" basis
13.2 Nothing in these Terms excludes the liability of the Supplier:
- 13.2.1 for death or personal injury caused by the Supplier's negligence; or
- 13.2.2 for fraud or fraudulent misrepresentation.
13.3 Subject to clause 12.1 and clause 12.2:
- 13.3.1 the Supplier shall not be liable whether in tort (including for [negligence or] breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
- 13.3.2 the Supplier's total aggregate liability in contract [(including in respect of the indemnity at clause 12.2)], tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Upgrade Fees paid by You during the 12 months immediately preceding the date on which the claim arose.
14 Force majeure
- 14.1 The Supplier shall have no liability to You under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that You are notified of such an event and its expected duration.
- 15.1 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16 Rights and remedies
- 16.1 Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
17 Entire agreement
- 17.1 These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- 17.2 Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
- 17.3 Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in these Terms.
- 17.4 Nothing in this clause shall limit or exclude any liability for fraud.
- 18.1 You shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
- 18.2 The Supplier may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
19 No partnership or agency
- 19.1 Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
20 Governing law
- 20.1 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- 21.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).