These terms and conditions regulate the business relationship between you and us. By using our products and Website in any way, or by buying from us, you agree to be bound by them.
We are: Play it Safe Limited.
You are: A purchaser of Play it Safe Limited, products and services including our website services.
The terms and conditions:
In this agreement:
1.1. “Customer means any individual or organisation purchasing Play it Safe Limited products and services”
1.2. “Play it Safe Limited products and services” means any games, management system, IOS and Android applications or e-learning based products licensed as a result of purchasing directly from us or in combination with our website.
1.3. “Our website” means the Play it Safe Limited products and services software, games, applications and e-learning programs supplied directly from the Play it Safe Limited products and services secure server combinations.
1.4. “Services” means Our website including Play it Safe Limited products and services updates and support services so far as specified for each service.
1.5. “Content” means any material in any form published on our website by us or any third party with our consent.
1.6. “Material” means content of any sort that forms part of your bespoke training materials including, video, text, audio and images.
1.7. ” Production Server” means the dedicated UK based server(s) used by Play it Safe Limited products and services to host the Play it Safe Limited products and services.
1.8. “User” means any individual or organisation that is licensed to use the Play it Safe Limited products and services or has any other access to the Play it Safe Limited products and services for maintenance, support, development or any other purpose.
2. Our contract with you
These terms and conditions apply:
2.1. We will provide you with a complete bespoke solution for your training needs. Training materials and content can be compiled from your existing materials and Play it Safe Limited products and services materials to create a thorough and appropriate training course for your particular requirements.
2.2. All training courses are to be written and the template of materials must be agreed with your relevant senior managers before going for narration and being placed online within a training course.
2.3. Filming will be undertaken at your premises or other areas in which the business operates with prior agreement and consent from senior site management and any other relevant persons. Volunteers and actors who will play a part in creating the short film clips will be selected before the filming event and full permissions obtained.
2.4. We will provide you with all software and functionality updates to e-learning packages and game applications as part of the agreed annual licence fees.
2.5. We shall accept your order by fax, letter or e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and provide you with access to Play it Safe Limited products and services thereafter.
3. Your account with us
3.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about you and your organisation. We need this information to provide you with the services.
3.2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4. Price, payment and service provision
4.1. You agree to pay the charge for the services as agreed from quotations and email confirmations.
4.2. Payments can be made by credit/debit card via the website or by cheque, BACs or CHAPs as per your accounting procedures
4.3. Payments are billed in advance of the services being used.
4.4. Refunds will be given at the management’s discretion.
4.5. We shall notify you by telephone or e-mail to advise of go live dates
4.6. You may cancel provision of the services at any time on giving us 6 months’ notice. Payment will be due until the expiry of the notice period.
4.7. If we change the nature or provision of the services, you may terminate this contract.
4.8. You may not share or allow others to use the services in your name.
4.9. We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5. Foreign taxes, duties and import restrictions
5.1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
5.2. You are responsible for purchasing services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
6. Use of the Services
6.1. Upon receiving authorisation, the Customer is granted a licence to access the Play it Safe Limited products and services ordered. Authorisation will be by email and the providing of secure log in data and passwords. This right to access the Play it Safe Limited products and services will come into force from the date of authorisation and will last for a period of 12 months from that date. After 12 months all unused licenses will expire.
The Play it Safe Limited products and services may not be resold or used for any external or commercial training. No Course/assessment may be broadcast or used in a presentation for training multiple individuals concurrently. The Play it Safe Limited products and services and/or documentation shall not be de-compiled, reverse engineered, sold, exported, rented, sub-leased or used for immoral and/or unlawful purposes. The Play it Safe Limited products and services shall not be modified without the prior written consent of Play it Safe Limited products and services. No part of the Play it Safe Limited products and services shall be used in any other training program, presentation, printed media, email, video, web site or other communication without prior written consent.
6.3. Property Rights
No property rights in the Play it Safe Limited products and services or in any modification or extension of the Play it Safe Limited products and services shall pass to the User. The physical material comprising the Play it Safe Limited products and services and the information therein are limited to such use as is specified in the licence. The User agrees not to remove any detail of copyright, trademark or other property right connected with the Play it Safe Limited products and services.
YOU SHALL VERIFY THE SUITABILITY, RELEVANCE AND ACCURACY OF THE ADVICE GIVEN IN THE PLAY IT SAFE LIMITED PRODUCTS AND SERVICES BEFORE MAKING IT AVAILABLE TO STAFF. A SENIOR COMPETENT AND TRAINED MEMBER OF THE CLIENTS STAFF WILL BE REQUIRED TO PROVIDE A SIGNATURE, NAME AND TITLE FOR INSERTING ON THE CLIENT CERTIFICATE GENERATED WITH EACH COURSE. THIS NAME AND ENDORSEMENT CAN CHANGE BY EACH COURSE DEVELOPED AND PROVIDED.
If you should fail to comply with any of the provisions of this licence you shall lose all rights to use the Play it Safe Limited products and services and shall immediately return all Play it Safe Limited products and services and documentation to Play it Safe Limited products and services and destroy all copies made for any purpose and shall certify that all copies have been destroyed.
you shall not assign, transfer, pledge or otherwise dispose of its rights and obligations under this licence without the written consent of Play it Safe Limited products and services.
7. Hosting conditions and Customer’s responsibilities
7.1. You acknowledge and agree that Play it Safe Limited products and services is entitled at any time to release data to a competent law enforcement agency if so instructed and authorised by that agency.
7.2. You are responsible for maintaining the confidentiality and security of your account with Play it Safe Limited products and services and for use of its unique Login IDs. Play it Safe Limited products and services reserves the right to change or remove Logins where the passwords set are unsafe (i.e. Admin/Test etc.)
7.3. It is your responsibility as well as Play it Safe Limited products and services to monitor data accumulated on the production server including, without limitation, accessing and reviewing the results of tests or assessments performed by your employees.
7.4. Play it Safe Limited products and services will alert you by email of training results as set in the admin system menus, this can be by weekly, monthly or immediate report generation.
8. Service Level Agreement
8.1. For twelve months (unless otherwise specified) from the date of invoice this Annual Support shall provide you with the right to technical support to any authorised member of your staff.
8.2. Support hours and coverage UK:
365 days per year 24/7 Telephone: +44 (0)116 243 7257 or +44 (0)7810 838462.
8.3. If an apparent error in the Play it Safe Limited products and services occurs, Play it Safe Limited products and services must be notified as soon as it is reasonably possible to do so. Notification may be by phone or e-mail.
8.4. Play it Safe Limited products and services will make all efforts to correct the error and provide a corrected version of the Play it Safe Limited products and services within as fast a time frame as possible. You will be kept informed of the progress of any technical problems by phone or e-mail.
9. Dissatisfaction with the Services
9.1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Services, please tell us at the earliest opportunity:
· exactly why you think we have failed;
· the date, if relevant, of the failure;
· when and how you discovered the failure;
· the result of the failure;
· your suggestion as to action we should take to resolve the situation and restore your faith in us.
9.2. To do this, it is essential that you contact us by telephone or email.
10.1. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
11. Content and Intellectual Property Rights
11.1. We will defend the intellectual property rights in connection with our services and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, videos, digital downloads, data).
11.2. We also claim copyright in the designs and compilation of all content of our products and websites. Ownership rights shall remain the sole property of Play it Safe Limited products and services. We will strongly protect those rights in all countries.
11.3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
11.4. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
11.5. Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it.
12. Copyright, Patents, Trade Marks and Other Intellectual Property Rights (Play it Safe Limited products and services)
12.1. The Customer acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with Hosting of the Play it Safe Limited products and services are and shall remain the sole property of Play it Safe Limited.
12.2. Play it Safe Limited shall indemnify the Customer fully against all liabilities, costs and expenses which the customer may incur as a result of Play it Safe Limited or Hosting Service infringing any copyright, patent or other proprietary right.
13. Data protection & privacy
13.1. It is Play it Safe Limited and the customers responsibility to monitor and process data accumulated on the production server including accessing and reviewing the results of exams, tests or assessments performed by the customer’s employees.
13.2. As a service provider Play it Safe Limited products and services will act as data controller as defined in the Data Protection Act for customers using the services. Play it Safe Limited is registered under the Data Protection Act (Reg. no. ZA232208 (Play it Safe Limited)
13.3. The data Play it Safe Limited products and services holds from a customer will consist of, first name, surname, employee id number and admin user email addresses. Other data held would be materials that may form part of the training programs and games, such as accident data and days lost through illness.
13.4. All Play it Safe Limited products and services e-learning courses including access through portals and into online administration systems are secured by Go-Daddy SSL. A link to the active SSL certificate is placed on the log in portals and this can be selected to show the current certificate details.
13.5. Play it Safe Limited products and services game applications downloadable from the main website are also code signed for complete security by Global Sign.
14. System Security
14.1. Play it Safe Limited Production Dedicated UK based Servers are housed in an environment that is designed for high security including protection by twenty-four (24) hour monitored alarms and fire detection with further access restrictions to the server rooms via logged card access doors. Full security details are available on request. Detailed information may require the Customer to complete and return a Non Disclosure Agreement.
14.2. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
14.3. You may not use any Play it Safe Limited products and services tool for the purpose of extracting data from our website.
14.4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
15.1. Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, Play it Safe Limited may forthwith terminate this Agreement by written notice to the Customer if any of the following events occur:
15.2. If the you commit any breach of the terms or conditions of this Agreement including the terms, conditions and provisions of any schedule attached or adopted hereto and fail to remedy such breach (unless it is a breach which entitles you to terminate this Agreement immediately or insofar as such breach is not capable of remedy to furnish adequate compensation thereof) within thirty (30) days after receiving written notice requiring it so to do.
15.3. If you become bankrupt or enters into compulsory or voluntary liquidation or amalgamation (other than for the purpose of a bona fide reconstruction or amalgamation without insolvency) or has a receiver or manager appointed of the whole or substantially the whole of its undertakings or if any distress or execution will be threatened or levied upon any equipment and/or Play it Safe Limited products and services or other property of the party entitled to serve notice hereunder or if the other party is unable to pay its debts in accordance with the law relating to this Agreement.
15.4. Termination of this Agreement will be without prejudice to any accrued rights of either party and will not affect obligations which are expressed not to be affected by expiry or termination hereof.
15.5. On termination of this agreement howsoever caused Play it Safe Limited and you are responsible for collecting all data from Play it Safe Limited in digital form. Play it Safe Limited will delete all data collected 6 months after termination (or at the end of the contract period). Play it Safe Limited will inform you by email of our intent to delete data before doing so.
16. Miscellaneous provisions
16.1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
16.3. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
Dated: January 2017