Terms & Conditions
1. TERMS OF WEBSITE USE
2. INFORMATION ABOUT US
2.1 The Site is a site operated by Playwise Limited (We). We are registered in England and Wales under company number 05090015 and have our registered office at Woodhouse Farm, Thornton Steward, Ripon, North Yorkshire HG4 4AZ. This is also our main trading address. We are not registered for VAT.
2.2 We are a limited company.
3.1 When you click on “Make Payment” to submit your application for subscription online or you post details of your application for subscription to us, you are making an offer to subscribe to access and to use the Site (Subscription), which, if accepted by us, will result in a legally binding contract between you and us (Contract). The information that you provide to us about yourself during that application process must be true, accurate and current.
3.2 If you are making your Subscription application online, your credit/debit card or Paypal account will be debited when you click “Create Your Account”. The Contract is formed on the date that we send to you written confirmation of your Subscription in the form of an email to the email address that you have supplied to us or, otherwise, by letter to the postal address that you have supplied to us. We will not be liable or responsible if you supply us with an incorrect or inaccurate email or postal address.
3.3 All applications for Subscription are subject to validation checks and authorisation by your payment card issuer or by Paypal.
3.4 We reserve the right not to accept any application for Subscription in our entire discretion.
3.5 Subject to clause 3.6 below, each Subscription lasts for one year and:
- (a) in the case of applications made on line, will automatically renew on its expiry date, in respect of which the following will apply:
- (i) not less than one month before the expiry date, we will send an email to you, informing you that the Subscription is shortly to expire and that it will be automatically renewed unless you respond to the email prior to the renewal date, advising us that you do not wish the Subscription to be renewed;
- (ii) you hereby authorise us to charge the credit/debit card or Paypal account designated by you in your original application with the amount charged for the renewal of the Subscription, subject to you not having intimated to us that you do not wish the Subscription to be renewed, as provided in clause 3.5 (a) (i) above;
- (b) in the case of applications made by post, will expire automatically at the end of the Subscription period unless you apply to have the Subscription renewed prior to that date in writing, accompanied by a cheque for the amount charged for the renewal of the Subscription.
3.6 If you subscribe and pay:
- (a) prior to 7th January 2013, your initial Subscription will run from 7th January 2013 until 30th April 2014, for the price of a 12 month subscription;
- (b) between 7th January 2013 and 31st December 2012, your initial Subscription will run until 31st January 2014, for the price of a 12 month subscription.
3.7 Your access to the Site will terminate forthwith on the expiry of the Subscription if:
- (a) you indicate to us that you do not wish to have the Subscription automatically renewed, as provided in clause 3.5(a) above;
- (b) you do not indicate to us that you do not wish to have the Subscription automatically renewed, but we are unable to take payment from your designated debit/credit card or Paypal account;
- (c) you do not apply to renew the Subscription as provided in clause 3.5(b) above;
- (d) we terminate the Subscription for any reason.
4. ACCESSING THE SITE
4.2 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
4.3 We reserve the right to withdraw or amend the service and /or the material we provide on the Site without notice (see below). We do not guarantee or warrant that you will have uninterrupted or error free access to the Site and will not be liable if for any reason the Site or part of it is unavailable at any time or for any period.
5. USE OF CONTENT
5.1 We are the owner or the licensee of all intellectual property rights in the Site, including the trademark “Playwise” (Trademark) and in the material published on it (Content). Those works are protected by copyright laws and you are not permitted to download, copy or otherwise deal with Content otherwise than strictly as authorised by these terms.
5.2 You may download any item of Content on up to two separate occasions, but not further, for your own personal use and/or your use only in connection with your business. If your business operates on more than one site (Setting), such downloads may only be utilised in relation to the Setting identified by you as part of your application process (Authorised Setting).
5.3 You may copy Content lawfully downloaded from the Site, but may only distribute and use such copies within the Authorised Setting. You must not modify the paper or digital copies of any item of Content that you have printed off or downloaded in any way. In particular, you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the copyright owners and/or the authors of Content and owners of the Trademark must always be acknowledged and not infringed by you.
5.5 If you print off, copy or download any Content in breach of this clause 5, your Subscription and right to access and use the Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
6. OUR LIABILITY
6.1 Content is not intended to amount to advice on which reliance should be placed and is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and all third party providers of Content, therefore disclaim all liability and responsibility arising from any reliance placed on Content by You or by anyone who may be informed of any of its contents and hereby expressly exclude:
- (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- (i) loss of income or revenue;
- (ii) loss of business;
- (iii) loss of profits or contracts;
- (iv) loss of data;
- (v) loss of goodwill and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.2 The terms of clause 6.1 do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. LINKS TO THIRD PARTY SITES
7.1 The Site may contain links to third party web sites which are controlled and operated by parties other than us (Linked Site). We are not responsible for the contents of any Linked Site and the inclusion of the link on the Site does not indicate or imply any recommendation or endorsement by us of the Linked Site or any of the goods or services offered for sale on it.
7.2 Any goods and services which you choose to purchase from Linked Sites are subject to separate terms and conditions between you and the seller. You acknowledge that the relevant seller is solely responsible for the legal fulfilment of your order and for the quality of the goods that you buy.
8. INFORMATION ABOUT YOU AND VISITS TO THE SITE
9. UPLOADING MATERIAL TO THE SITE
9.1 Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must not post, upload or otherwise transmit any material which:
- (a) infringes the rights of any person or is otherwise unlawful;
- (b) is in any way abusive, defamatory or obscene or which might cause offence to or harass or distress any person; or
- (c) will compromise the privacy or other data protection rights of any person.
9.2 You warrant that any such contribution does comply with those standards contained in clause 9.1 above, and you undertake to indemnify us for any breach of that warranty.
9.3 Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
9.5 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in clause 9.1 above.
10. VIRUSES, HACKING AND OTHER OFFENCES
10.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
10.2 By breaching the provisions of clause 10.1 above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your Subscription and right to use the Site will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
11. LINKING TO THE SITE
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clause 9.1 above.
12.1 The following rules in this clause 12 are applicable to all competitions promoted and conducted by us through the Site and will be deemed to be incorporated into and to govern each competition.
12.2 By entering into any competition, you agree to be bound by these rules, as amended from time to time, and by any specific competition rules and instructions.
12.3 Entry to all competitions is open to all persons aged 15 and over and is limited to one entry per person.
12.4 Multiple or automated entries are not permitted and will be disqualified.
12.5 All entries for competitions must be received by us by the specified closing date. Proof of emailing or posting will not be accepted by us as proof of delivery and we do not accept any liability for entries lost, delayed or mislaid or for any technical failure or for any event which may cause the competition to be disrupted or corrupted.
12.6 Competition winners will be chosen at random from valid entries and will be contacted either by email, if they have provided us with a valid email address or otherwise by post or their name may be displayed on the Site.
12.7 The judges’ decision will be final and no correspondence will be entered into with competition entrants.
14. GOVERNING LAW AND JURISDICTION
14.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting the Site.