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Terms of Service

Introduction

The Playwaze application delivered through https://playwaze.com  and sub-domains and Playwaze mobile apps (“Service”) are operated by PW24 Ltd, company number 15759476, with registered office at 71-75 Shelton St, London, WC2H 9JQ (“we”, “us”, “our”)

These Terms of Service (“Terms”) set out the terms of use under which you may use the Service. Please read these Terms carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms, you must stop using the Service.

Your use of the Service

You are required to register to the Service in order to use it.

You must be over 13 years old to register on the Service. If you are the parent or guardian of a person under 13 years old you may register that person via your own account. As a parent or guardian of a registered person on the Service you have responsibility for all content and activity associated to that person’s account.

You may create or join communities on the Service. A community represents a sports and activity provider e.g. a club, an exercise group, or a competitions programme.

When you create a community you will become an administrator of that community and will have access to community members’ personal information. Please see our Privacy Policy with particular reference to your data protection obligations when collecting custom information, publishing your content, and exporting data.

If you create a community you must have the requisite authority to manage a community for the entity your community represents. We reserve the right to remove or disable a community if it is deemed to misrepresent an organisational entity.

When you join a community you may receive communications from that community. These may be communications sent to you by the community administrator or other members e.g. news items or messages. They may also be automatically sent by the Service e.g. session or match reminders, and these can be enabled / disabled by your community administrator.

You may leave a community at any time. When you leave a community you will stop receiving communications from that community. If you were the person that initially created the community you will be assigned as “community owner”. To leave the community you will first need to hand over community ownership to someone else.

You may delete your account at any time, providing you are not the community owner of any existing communities. You will need to reassign your community ownership(s) to someone else or delete the relevant communities before deleting your account.

Subscriptions

The Service provides a free tier with subscription options that unlock additional features, reduce transaction fees, and extend capacity.

Subscriptions apply to individual communities and can be managed by administrators of the community.

Playwaze mobile apps are free to download.

Subscriptions may be purchased online through the Service. Custom pricing for multiple communities is available on request. Please contact support@playwaze.com. Published subscription prices and transaction fees are inclusive of any value added taxes that may apply in your location of purchase / transaction.

Subscriptions can be paid for through our secure online payment gateway – Stripe. You will receive a VAT receipt for each payment you make.

You may purchase monthly or annual subscriptions. Payment will be taken automatically each month or year, or until you cancel your subscription.

You will not receive a refund for unused portions of subscription periods.

You may change your subscription plan at any time. Increased plans will be billed at a pro-rata rate according to the remaining term of your current subscription. No refunds are available for reducing a subscription mid-term.

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 subscription.

When your subscription expires you will immediately lose the benefits contained within the expired subscription.

Payments

A payments system is available through the Service. This allows you to collect and make payments directly through the Service e.g. for bookings, entries, and memberships. All payments are transacted through Stripe.

We do not hold any funds or payment card details.

If you become a Payment Receiver on the Service you will be required to create a Stripe merchant account, and agree to their Privacy and Terms policy.

Stripe payment processing fees apply. In addition to these fees we will charge a transaction fee. The rates are published on the Service. All payment processing and transaction fees are inclusive of VAT.

Where members overpay to hold funds against their account, these payments are made directly to the Payment Receiver. No such payments are made to us, except for the payment transaction fee.

We make no warranties or guarantees in respect of payment transactions. Disputes can be raised and arbitrated through Stripe.

We shall not be liable for any loss or damage as result of your use of payments within the Service.

Publishing and sharing

The Service provides opportunities for administrators to publish and share data outside of the Service e.g. embedding on websites, sharing links to social media. This data includes communities, competitions, events, and session / class schedules. You are responsible for the data you publish and you must ensure that you have permission to publish it.

If you publish and share your data outside of the Service, you should do so in full compliance with data protection legislation. See our Privacy Policy for further information.

If the data you publish and share is intentionally misleading we may terminate your account.

We make no guarantees or warranties in respect of third party websites that you publish your data to.

Security

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 Service. You agree to notify us immediately 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.

We make no warranties or guarantees in respect of the content on the Service. If you book or pay for an item on the Service (e.g. a session, event, or membership package) you acknowledge that the item is published and sold by a third party i.e. a sports / activity provider using the Service. We therefore accept no liability for any loss or damage arising from bookings or payments you make on the Service.

Your obligations

You shall not, 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:

  • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service software in any form or media or by any means; or
  • attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service software; or
  • access all or any part of the Services in order to build a product or service which competes with the Service;
  • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Service;

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, promptly notify us.

You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Service that:

  • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • facilitates illegal activity;
  • depicts sexually explicit images;
  • promotes unlawful violence;
  • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
  • is otherwise illegal or causes damage or injury to any person or property; and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this clause.

Third parties:

  • 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. You will not hold us liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
  • 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.
  • 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 we 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.
  • You acknowledge that the Service may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party's terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Service.

Your obligations

We undertake 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.

We do 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.

We are 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.

We warrant that we have and will maintain all necessary licences, consents, and permissions necessary for the performance of our obligations under these Terms.

Proprietary rights

You acknowledge and agree that we own all intellectual property rights in the Service. Except as expressly stated herein, these Terms do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service.

We confirm that we have all the rights in relation to the Services that are necessary to grant all the rights we purport to grant under, and in accordance with these Terms.

Indemnity and Liability

You shall fully indemnify and keep us, our employees, affiliates, and partners fully indemnified from claims, actions, penalties, 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.

You assume sole responsibility for results obtained from your use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information you obtain from the Service.

We 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.

Governing law

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.