1. These terms and conditions

1.1 What these terms and conditions cover. These terms and conditions tell you the rules for using the Play-Ex platform (www.play-ex.com). The terms and conditions also cover the basis upon which we supply the Play-Ex services to you. The Play-Ex platform and the Play-Ex services are made available to you free of charge.

1.2 Why you should read these terms and conditions. Please read these terms and conditions carefully, they tell you:

(a) who we are;
(b) how you are permitted to use the Play-Ex platform;
(c) how we will provide the Pay-Ex services to you;
(d) how you and we may change or end the contract;
(e) what to do if there is a problem; and
(f) other important information.

If you think that there is a mistake in these terms and conditions please contact us to discuss.

 

2. Information about us and how to contact us

2.1 Who we are. We are Play-Ex International Limited a company registered in England and Wales. Our company registration number is 09555086 and our registered office is at C/O Baldwins, Ty Caer Wyr Charter Court, Phoenix Way, Enterprise Park, Swansea, United Kingdom, SA7 9FS. Our registered VAT number is 332 8347 04.

2.2 Our trade mark is registered. “Play-Ex Sports” is a UK registered trade mark of Play-Ex International Limited. You are not permitted to use it without our prior written approval.

2.3 How to contact us. You can contact us by writing to us at help@play-ex.com.

2.4 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered for the Play-Ex platform.

2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms and conditions, this includes emails.

 

3. Our contract with you

3.1 By using the Play-Ex platform you accept these terms and conditions. By using the Play-Ex platform, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the Play-Ex platform.

3.2Your registration for the Play-Ex platform. Our acceptance of your registration for the Play-Ex platform will take place when we email you to accept it. If we are unable to accept your registration for the Play-Ex platform, we will inform you of this in writing.

3.3 Your Play-Ex account. We will assign you a personal Play-Ex account on the Play-Ex platform when we accept your registration. Your Play-Ex account will enable you to access the Play-Ex services and engage with us.

3.4 You must keep your Play-Ex account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@play-ex.com.

3.5 We only provide the Play-Ex platform and Play-Ex services to the UK. The Play-Ex platform is solely for the promotion of the Play-Ex services in the UK. Unfortunately, we do not provide the Play-Ex services outside the UK. We do not represent that content available on or through the Play-Ex platform is appropriate for use or available in locations other than the UK.

3.6 We may make changes to these terms and conditions. We may amend these terms and conditions from time to time. Every time you wish to use the Play-Ex platform, please check these terms and conditions to ensure you understand the terms and conditions that apply at that time. These terms and conditions were most recently updated on 17 February 2020.

 

4. Play-Ex platform

4.1 How you may use material on the Play-Ex platform. We are the owner or the licensee of all intellectual property rights in the Play-Ex platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on the Play-Ex platform for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Play-Ex platform in breach of these terms and conditions, your right to use the Play-Ex platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.2 Do not rely on information on the Play-Ex platform. The content on the Play-Ex platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Play-Ex platform. Although we make reasonable efforts to update the information on the Play-Ex platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Play-Ex platform is accurate, complete or up to date.

4.3 We are not responsible for websites we link to. Where the Play-Ex platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

4.4 User-generated content is not approved by us. The Play-Ex platform may include information and materials uploaded by other users of the Play-Ex platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Play-Ex platform do not represent our views or values.

4.5 How to complain about content uploaded by other users. If you wish to complain about content uploaded by other users, please contact us on  help@play-ex.com.

4.6 Uploading content to the Play-Ex platform. Whenever you make use of a feature that allows you to upload content to the Play-Ex platform, or to make contact with other users of the Play-Ex platform, you must comply with the acceptable use standards set out in Clause 6. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to the Play-Ex platform will be considered non-confidential and non-proprietary.

4.7 Licence to content uploaded to the Play-Ex platform. You retain all of your ownership rights in your content uploaded to the Play-Ex platform, but you grant us and other users of the Play-Ex platform a licence to use, store and copy that content and to distribute and make it available to third parties.

4.8 Right to disclose your identity. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Play-Ex platform constitutes a violation of their intellectual property rights, or of their right to privacy.

4.9 Right to remove any content uploaded to the Play-Ex platform. We have the right to remove any posting you make on the Play-Ex platform if, in our opinion, your post does not comply with the acceptable use standards set out in Clause 6.

4.10 We are not responsible for viruses. We do not guarantee that the Play-Ex platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Play-Ex platform. You should use your own virus protection software.

4.11 You must not introduce viruses. You must not misuse the Play-Ex platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Play-Ex platform, the server on which the Play-Ex platform is stored or any server, computer or database connected to the Play-Ex platform. You must not attack the Play-Ex platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, 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 right to use the Play-Ex platform will cease immediately.

4.12 Rules about linking to the Play-Ex platform. You may link to the Play-Ex platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to the Play-Ex platform on any website that is not owned by you. The Play-Ex platform must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the acceptable use standards set out in Clause 6.

 

5 Our rights to make changes to the Play-Ex platform

5.1 Changes to the Play-Ex platform. We may make changes to the Play-Ex platform:

(a) to reflect any changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements;
(c) to reflect changes to the Play-Ex services;
(d) to reflect changes to our user’s needs; and
(e)to reflect changes to our business priorities.

We will try to give you reasonable notice of any major changes.

5.2 We may suspend the Play-Ex platform. The Play-Ex platform is made available free of charge. We do not guarantee that the Play-Ex platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Play-Ex platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5.3 Your rights if we suspend the Play-Ex platform. We will contact you in advance to tell you we will be suspending the Play-Ex platform, unless the problem is urgent or an emergency. If we have to suspend the Play-Ex platform you may contact us to end the contract.

 

6. Acceptable use of the Play-Ex platform

6.1 Prohibited uses of the Play-Ex platform. You may only use the Play-Ex platform for lawful purposes.  You may not use the Play-Ex platform:

(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to bully, insult, intimidate or humiliate any person;
(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use standards set out in this Clause 6;
(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(g) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt:

(h) any part of the Play-Ex platform;
(i) any equipment or network on which the Play-Ex platform is stored;
(j) any software used in the provision of the Play-Ex platform; or
(k) any equipment or network or software owned or used by any third party.

6.2 Interactive services on the Play-Ex platform. We may from time to time provide interactive services on the Play-Ex platform. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Play-Ex platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Play-Ex platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our acceptable use standards set out in this Clause 6, whether the service is moderated or not.

6.3 Interactive services used by minors. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

6.4 Our acceptable use standards. Our acceptable use standards set out in this Clause 6 apply to any and all material which you contribute to the Play-Ex platform, and to any interactive services associated with it. Our acceptable use standards must be complied with in spirit as well as to the letter and will apply to each part of any contribution made by you, as well as to its whole.

6.5 Breaches of our acceptable use standards. We will determine, in our sole discretion, whether any material contributed by you to the Play-Ex platform, or any interactive services associated with it, breaches our acceptable use standards set out in this Clause 6.

6.6 Contributions permitted to be made by you. Any and all material which you contribute to the Play-Ex platform, and any interactive services associated with it must:

(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions); and
(c) comply with the law applicable in England and Wales and in any country from which it is posted.

6.7 Contributions prohibited to be made by you. Any and all material which you contribute to the Play-Ex platform, and any interactive services associated with it must not:

(a) be defamatory of any person;
(b) be obscene, offensive, hateful or inflammatory;
(c) bully, insult, intimidate or humiliate;
(d) promote sexually explicit material;
(e) include child sexual abuse material;
(f) promote violence;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) infringe any copyright, database right or trade mark of any other person;
(i) be likely to deceive any person;
(j) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(k) promote any illegal activity;
(l) be in contempt of court;
(m) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(n) be likely to harass, upset, embarrass, alarm or annoy any other person;
(o) impersonate any person, or misrepresent your identity or affiliation with any person;
(p) give the impression that the contribution emanates from Play-Ex International Limited;
(q) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
(r) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
(s) contain any advertising or promote any services or web links to other sites.

 

7. Play-Ex services

7.1 The scope of the Play-Ex services and how to access them. The Play-Ex services comprise of responding to your requests for introductions to third-party suppliers that you may require from time to time. There is no charge for the Play-Ex services. You can access the Play-Ex services via the Play-Ex platform.

7.2 How we identify suitable third-party suppliers. When providing the Play-Ex services will use all reasonable endeavours to introduce you to a third-party supplier who is suited to meet your needs.

 

8. Your separate contract with a third-party supplier

8.1 You are responsible for agreeing terms with a third-party supplier. Once we have introduced you to a third-party supplier you will be responsible for liaising with the third-party supplier and agreeing the basis upon which your requested support is supplied by that third-party supplier. It is the responsibility of the third-party supplier to communicate its terms and conditions of business, method of work and prices to you, and it is your responsibility to ensure that you are comfortable with them.

8.2 You are responsible for paying a third-party supplier. You shall be responsible for paying all charges levied by a third-party supplier as agreed between you and the third-party supplier.

8.3 We are not a party to your contract with a third-party supplier. The contract for work to be carried out, goods to be supplied, or services to be provided by the third-party supplier is between you and the third-party supplier. We are not a party to that contract and cannot guarantee or be responsible for any work carried out, goods supplied, or services provided by a third-party supplier.

 

9. Providing the Play-Ex services

9.1 When we will provide the Play-Ex services. We will supply the Play-Ex services to you until you end the contract as described in Clause 10 or we end the contract by written notice to you as described in Clause 12.

9.2 We are not responsible for delays outside our control. If our supply of the Play-Ex services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.

9.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Play-Ex services to you. If so, this will have been stated in the description of the Play-Ex services on the Play-Ex platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and Clause 12.2 will apply). We will not be responsible for supplying the Play-Ex services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

10. Your rights to end the contract

10.1 You can always end your contract with us. You can end the contract at any time. If you want to end the contract, just contact us to let us know. The contract will end immediately and your access to the Play-Ex platform will also be ended at that point.

 

11. How to end the contract with us

11.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at help@play-ex.com.

 

12. Our rights to end the contract

12.1 We may end the contract if you break it. We may end the contract if in our reasonable opinion we consider that you have breached these terms and conditions. In such circumstances, we will contact you in writing to inform you of our decision to end the contract. The contract will end immediately and your access to the Play-Ex platform will also be ended at that point.

12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 12.1 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

13. Problems with the Play-Ex platform or the Play-Ex services

13.1 How to tell us about problems. If you have any questions or complaints about the Play-Ex platform or the Play-Ex services, please contact us. You can write to us at help@play-ex.com.

 

14. Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or both we and you knew it might happen.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

 

15. We are not liable to you for action we take in response to your breaches.

We exclude our liability for all action we may take in response to your breaches of these terms and conditions. 

15.1 We are not liable to you for business losses. We only supply the Play-Ex platform and the Play-Ex services for domestic and private use. If you use the Play-Ex platform or the Play-Ex services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.2 We are not liable to you for third-party suppliers. When you instruct a third-party supplier, your contract is with the third-party supplier and not with us. To the extent permitted under law, we accept no responsibility for any loss, liability or cost incurred by you as a result of any act or omission by a third-party supplier.

 

16. How we may use your personal information

16.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.

 

17. Other important terms

17.1 We may transfer the contract to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract.

17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.

17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms and conditions.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.