Playwaze Community Terms and conditions


Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Introduction

  1. Welcome to www.playwaze.com (“Site”), which is a website provided by Playwaze Limited (referred to as “Playwaze” “we”, “our” or “us” as applicable). You can find our contact details at the end of these terms and conditions.
  2. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Playwaze Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
  3. In these terms and conditions, User or Users means any third party that accesses the Website or App and is not either (i) employed by Playwaze Limited or acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services Playwaze Limited and accessing the Website in connection with the provision of such services.
  4. You must be at least 13 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 13 years of age.
  5. These terms and conditions together with our Privacy Policy govern your use of the Site and any content that we make available to you via the Site.
  6. Please read these Terms carefully before you start to use this Site, as they will apply to your use of the Site. We recommend that you print or save a copy of these Terms for future reference.
  7. By using this Site, regardless of whether or not you register for an account, you confirm that you accept these Terms and that you agree to comply with them. If you do not wish to be bound by what you read, you should not use, access or contribute to the Site or interact with any members of the Playwaze community (“ Playwaze Community Members”) using the Site.
  8. If you have any queries or concerns regarding these Terms, please Contact us.

Using this site

  1. You are free to browse the Site without creating an account with us. However, to obtain the full benefit of the Site’s features, for example to post messages or accept play invitations, you will need to create an account and become a Playwaze Community Member.

Your privacy and use of cookies

  1. We take your privacy very seriously. Please read our Privacy policy to see how we use your personal information.
  2. Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device.
  3. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie policy however, you may delete any of these cookies at any time if you wish. Please see our Cookie policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.
  4. These Terms and Conditions will apply to the use of the website and any purchase of the services by you (the Customer or you). We are Playwaze Ltd a company registered in England and Wales under number 8321430 whose registered office is at Surrey Technology Centre, 40 Occam Road, Guildford, GU2 7YG with email team@playwaze.com (the Supplier or us or we).
  5. These are the terms on which we sell all Services to you. Before placing an order for a subscription on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services if you are eligible to enter into a contract and are at least 18 years old. These Terms and Conditions will be presented for agreement when users register an account

Application

Interpretation

 13. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

 14. Contract means the legally-binding agreement between you and us for the supply of the Services;

 15. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

 16. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;

 17. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

 18. Services means the services advertised on the Website description set out in the Order;

 19. Website means our website www.Playwaze.comon which the Services are advertised.

Services

 20. The description of the Services is as set out in the Website, or other form of advertisement.

 21. In the case of Services and it is your responsibility to ensure that any information you provide is accurate.

 22. All Services which appear on the Website are subject to availability.

 23. We can make changes to the Terms which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 24. We may change these Terms from time to time. Any changes will take effect seven (7) days after the date of our email to you notifying you of a change or the date on which we post the modified terms on the Site, whichever is the earlier. Your continued use of the Site after these Terms have been changed will be treated as acceptance by you of the updated or amended terms. If you do not agree to the changes, you must cease using the Site.

 25. Any changes made to these Terms shall not apply to the terms of any contracts that have been made between us prior to the date of change. Accordingly, any contract for the purchase of Services shall be made under and incorporate these Terms in force at the time you accepted them.

Customer responsibilities

 26. You must co-operate with us in all matters relating to the Services,

 27. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

 28. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

 29. We retain and use all information strictly under the Privacy Policy.

 30. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

About this site

 30. What we do:

a)   We provide a platform allowing anyone who wishes to be involved in a Playwaze Community to create an account and to participate in activities therein.

b)   We also enable Playwaze Community Members to post information on  community activities and to send messages to other members. We do not accept responsibility for the actions of or communications between Playwaze Community Members or the activities they post.

  1. What we don't do:

a)      We do not verify the identity of our members and we do not encourage you to meet or make arrangements with strangers or to share sensitive information with anyone. Any arrangements you do make with others through the Site are solely private arrangements made directly between the individuals concerned and we have no involvement in or responsibility for those arrangements.

b)     Accordingly, when using the site you take full responsibility for who you have contact with and the nature, terms and extent of that contact. You must carry out your own independent checks on these people before providing personal information such as your contact details, allowing them to assist you or entering into any arrangement with them. This should include carrying out the same checks and taking the same precautions as you would do when dealing with anyone who you meet independently off the street.

c)      If you have any doubt at all about the truthfulness and/or safety of another Playwaze Community Member or any information provided by them, you should immediately discontinue all contact. Report all serious concerns to us by emailing us at team@playwaze.com

 32. To be clear, each Playwaze Community Member, acts on his/her own behalf at all times and does not act as our representative or agent in any way. We do not endorse nor are we responsible for any of the actions of any Playwaze Community Member.

 Our Content

 33. Our content includes the pages on the Site and any information or other material found on or via the Site including text, databases, graphics, images, videos, software and all other features on the Site

 

 34. We make the Site, our content and any user generated content available through the Site for your personal, non-commercial use only (please the heading About Content You and Other Users Contribute to the Site for further details about the user generated content that we make available through the Site). You may view the Site’s pages and content online and may, where necessary print one copy of individual pages of the Site on paper (but not photocopy them), in each case for your personal, non-commercial use only, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, permanently store or distribute or use any of the content on the Site other than as expressly permitted under these Terms without our prior written consent.

 

 35. We allow members to post links to other websites when arranging activities e.g. links to cycle routes or maps.

 

 36. We may provide content e.g. registration posters that we offer to Community administrators to print out for distribution.

 

 37. You are not in any circumstances permitted to:

  • make commercial use of any such content;
  • adapt, vary, edit, modify, translate or transpose, in part or in whole, any of the content on the Site.
  • use the content to compile a database of, or re-create the whole or substantial part of the content by making repeated and systematic copies of insubstantial parts of, any of the content;
  • alter, modify or circumvent or attempt to circumvent, any copy protection and/or digital rights management measures within the Site or its content;
  • knowingly permit a minor or any person other than you to access, view or otherwise use the Site or its content;
  • distribute or make available to any minor or any other person any content on the Site;
  • use the Site or its content for any illegal purpose and in particular you will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • place a link on any website to any page, item(s) of content or other part of the Site except as permitted under paragraph 13, Links); or
  • remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

Basis of Sale

 38. The description of the Services in our website does not constitute a contractual offer to sell Products, or Memberships. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

 39. Apps can be upgraded to the full featured version through:

In app upgrades are charged on a subscription -These prices are available on the app stores.

 40. Through Premium Pack upgrades bought by the community. This provides all active members of the community with an app upgrade license. The community also gets access to our reporting dashboard so they can monitor activity in their community. They will also get opportunities to promote their community to other Playwaze members.

 

 41. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

 

 42. If you have subscribed to a Premium Pack service then you agree to pay the variable amount based on your community membership numbers (as calculated by Playwaze). Payment data is held by our regulated payment gateway provider.

 

 43. Where a community subscribes to a Premium Pack and their members contain people with individual Playwaze app upgrades (purchased direct from app stores) then the Premium Pack takes precedence and the individual's app upgrade subscription will be transferred to the Premium Pack to ensure that no member is charged more than once.

 

 44. Only members within the community can see other members' personal details.

 

 45. These Terms and Conditions apply to all new registrants.

 

 46. Only people that have been invited or approved by a community administrator can become members of a community.

 

 47. Deactivated members remain inactive in the community and are removed from the Premium Pack member count.

 

 48. Purchasing a Premium Pack for a community gives all members a full app upgrade license which can be used for any number of communities.

 

 49. All members will be given a free trial period for the full app upgrade as specified on the Website. When this expires the app will revert to read only for various features. To resume the full app service users will need to upgrade through an in app subscription or be a member of a community with a Premium Pack.

 50. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Services  supplied under the Contract, and before performance begins of any of the Services.

 51. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

 52. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Playwaze membership

 53. Once registered a member can create communities or become a member of communities. These services are free to all members.

 54. Individuals can upgrade the app to the full version from app stores at on a monthly subscription as advertised on the website and app stores.

 55. Communities can buy Premium Packs. Each month your community's active members are counted. We then calculate the total cost and charge you through our automated CRM payments system. An invoice will be sent for each payment.

 56. Please refer to the Website for details on pricing for app upgrades and Premium Packs.

Fees and Payment

 57. The fees (Fees) for the Services, the price of any membership or subscription (if not included in the Fees) and any additional charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. We will notify no less than one month in advance os any price changes.

 58. Fees and charges include VAT at the rate applicable at the time of the Order.

 59. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

 60. If we are unable to collect payment for a Premium Pack service we will continue to try for 14 days, at which time we will terminate the subscription service.

Risk and Title

Conformity

 61. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

 62. Upon delivery, the Services will:

 a. be of satisfactory quality;

 b. be reasonably fit for any particular purpose for which you buy the Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

 c. conform to their description.

 63. It is not a failure to conform if the failure has its origin in your materials.

 64. We will supply the Services with reasonable skill and care.

 65. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

 66. The Contract continues until you cancel it.

 67. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

 a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

 b. is subject to any step towards its bankruptcy or liquidation.

 68. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Dormant accounts

 69. We reserve the right to delete your account and any personal information and other data associated with it (including your user details) if there is no activity on your account for more than twenty-four (24) consecutive months.

Circumstances beyond the control of either party

 70. In the event of any failure by a party because of something beyond its reasonable control:

 a. the party will advise the other party as soon as reasonably practicable; and

 b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).

Excluding liability

 71. The Supplier does not exclude liability for: (i) any fraudulent act or omission. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

 72. These Terms(including any non-contractual matters) is governed by the law of England and Wales.

 73. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

 74. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 3 days.

Codes of Conduct

 75. We aim to follow these codes of conduct, as follows:
You are free to browse the Site without creating an account with us. However, to obtain the full benefit of the Site's featuresyou will need to create an account and become a Playwaze Community Member
You must create an account by registering and becoming a Playwaze Community Member to fully interact with the site’s features.

 76. You have the opportunity to read these Terms and Conditions before registering with Playwaze. In doing so, you will be deemed to have consented to and will be bound by these Terms.

 77. You must be thirteen (13) years or older to create an account with and/or use the Site however if you are between thirteen (13) and seventeen (17) years of age inclusive you must obtain permission from your parent or guardian before you do so. There must be no reason why you should not be in contact with any other Playwaze Community Members

 78. You must ensure that all the information you provide when you create an account is true, accurate, current and complete in all respects.

 79. You must notify us immediately of any change to any of the information you have previously given us by updating your information in your profile.

 80. Your account is for your personal use only. Please do not share your account details with any other person or leave your device unattended whilst logged into the Site as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. By creating an account on the Site, you confirm that you will treat your login details as confidential. If you have any concerns regarding your login details or become aware of any misuse or unauthorised use then you must inform us immediately by contacting us at the Contact section of the Playwaze website.

Third party software

 81. You acknowledge that you may need to download and activate certain software in order to use certain content provided on the Site. This software will be clearly identified on our site.

 82. In order to use such third party software or technology you will have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.

Withdrawal and cancellation

 83. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

 84. This is a distance contract (as defined below) which has the cancellation rights (CancellationRights) set out below.

Right to cancel

 85. Subject as stated in these Terms and Conditions, you can cancel your subscription at any time without giving any reason.

Payment for Services commenced during the cancellation period

 86. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

 32. Subscription payments are made at the beginning  of each month’s service period. If a community cancels a Premium Pack they must do so through the website and the service will be terminated when that month period has ended.

Written communications

 33. Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Links on this Site

 34. You acknowledge that the Site may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability. There may be third party content embedded in the Site which may be subject to its own terms of use. Please read those terms before using such embedded content.

 

 35. We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.

 

 36. If you decide to access any of these third party websites, you do so entirely at your own risk.

 

 37. If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their privacy policy before you provide any personal information

Linking to this Site

 38. You may link to pages on the Site, provided that:

  • your site or service does not misrepresent its relationship with us or present false information about us.
  • we reserve the right to withdraw linking permission at any time without prior notice.

Exclusions and limitations of liability

We promise that we will operate the Site with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Site and its content, whether express, implied, oral or written.

 39. In particular, subject to paragraph 102:

 

a)      By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet.

 

 40. Accordingly:

a)      We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, timely or error-free; and

 

b)     We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

 

  1. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:

 

a)   Death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; or

 

b)   Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

 

c)   You have certain rights as a consumer, including legal rights relating to products that are faulty or not as described. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.

 

  1. We will not be responsible or liable:

a)   For any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption; or

 

b)   If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.

 

c)   Subject to paragraph 42. b if either we or you fail to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. Losses are foreseeable where they were contemplated by you and us at the time we accept an order that you have placed or, in all other circumstances, at the time you accept these Terms.

Contact:

The Site is a provided by Playwaze Limited, a company incorporated in England, whose registered office address is:

Surrey Technology Centre, 40 Occam Road, Guildford, GU2 7YG

Playwaze’s registered company number is 8321430. Please note that the above address is our legal address and can also be used for general correspondence: