TERMS AND CONDITIONS
Platform Membership Terms and Conditions
This platform, and any services provided in relation to it, are targeted to, and intended for use by, limited companies (whether public or private) incorporated in the United Kingdom only. By continuing to access, view or make use of this platform, you hereby warrant and represent to us that you are accessing this platform on behalf of a limited company located in the United Kingdom. If you are not accessing this platform on behalf of a limited company located in the United Kingdom, you must immediately discontinue use of this platform, and any related content and services.
These terms and conditions apply between:
the company joining the platform as either a free user or a subscriber member ("you" / "your"); and
ImployApp Limited trading as Playter ("we" / “us” / “our” / “Playter”), registered in England and Wales under company number 11376064 whose registered office is at Fox Court, 14 Gray’s Inn Road, London, WC1X 8HN (each a “party” and together the “parties”).
Please read these Terms and Conditions carefully as they contain important information.
Please see our Privacy Policy (which is available on request) for information about how we handle your personal data.
In these Terms and Conditions, the following words shall have the following meanings:
Acceptable Use Policy: means the acceptable use policy set out below.
Administration Charges: means the charges applicable to overdue payments associated with loan contracts or subscription agreements in accordance with clause 10.
Affordability Checks: means the open banking and accounting affordability checks we carry out from time to time in order to determine your eligibility for Credit.
Confidential Information: means information that is proprietary or confidential, and is either clearly labelled as such, or is identified as Confidential Information in clause 23.
Contract: means the contract between you and us for your membership on the Platform, in accordance with these Terms and Conditions.
Credit: means any credit provided to you via our Platform by a Lender.
Credit Checks: means any credit checks we deem appropriate to carry out, in order to assess your creditworthiness, or your ability to afford financial products.
Customer Suppliers: means any professional service suppliers that you have an existing relationship with, and that are not onboarded onto the Platform as a Playter Supplier.
Default Interest: means interest charged on payments associated with loan contracts or subscription agreements which are not paid when they fall due in accordance with clause 10.
Free User: means a free member of the Platform, who will have access to the benefits set out in clause 3, but will not have access to the benefits set out in clause 4.
Lender: means (i) us (where we issue Credit to you in connection with the Contract), or (ii) a third party lender introduced to you by us, where that third party lender issues Credit to you in connection with the Contract. Lenders shall be construed accordingly.
Membership Fees: means the membership fees set out in the order process.
Membership Term: means the membership term set out in the order process.
Platform: the online Playter Pay platform, hosted at app.playter.co.
Platform Terms and Conditions of Use: means our terms and conditions governing your use of our Platform set out below.
Playter Supplier: means any supplier onboarded onto the Platform.
Playter Supplier Fees: means any professional services fees agreed between you and a Playter Supplier from time to time.
Registration Date: means the earliest date upon which you agree to these Terms and Conditions.
Renewal Term: means any renewal term set out in the order process.
Representative: means, in relation to a party, its employees, officers, contractors, subcontractors, representatives and advisers.
Subscription Allowance: means the amount of Credit available to you in accordance with your Contract, as set out in the order process.
Subscriber Member: means a client or customer of Playter, who has enrolled onto a paid Subscription Model.
Subscription Model: means one of our subscription models (which will be agreed with you throughout the order process), providing you with the additional benefits set out in clause 4.
Terms and Conditions: mean these terms and conditions.
Transaction Amount: the total amount of Credit provided to you via our Platform for a particular invoice, exclusive of any value added tax or other taxes.
When joining the Platform, you will have the option of enrolling as a Free User or becoming a Subscriber Member by enrolling onto one of our Subscription Models. These Terms and Conditions apply whether you join as a Free User, or as a Subscriber Member.
The Contract shall commence on the Registration Date, and (unless terminated earlier in accordance with the provisions of these Terms and Conditions) shall continue for theMembership Term, and, thereafter, the Contract shall be automatically renewed for any successive Renewal Terms, unless:
a Renewal Term is not specified in the order process, in which case, the Contract shall automatically expire at the end of the Membership Term;
either party notifies the other party of termination, in writing, at least 30 days before the end of the Membership Term or any Renewal Term, in which case the Contract shall terminate upon the expiry of the applicable Membership Term or Renewal Term;
termination is otherwise agreed between the parties in writing;
you fail to provide to us with any accounting data or open banking data, requested by us from time to time, and in such circumstances, we may terminate the Contract with immediate effect, by notifying you in writing (and such notice may be provided by email); or
you fail at any time (at our absolute discretion) to pass any Credit Checks or Affordability Checks, and in such circumstances, we may terminate the Contract with immediate effect, by notifying you in writing (and such notice may be provided by email).
When you enrol onto the Platform as a Free User, you will be entitled to the following benefits:
Full and free access to the Platform throughout the Membership Term and any Renewal Term;
Introductions to Playter Suppliers throughout the Membership Term and any Renewal Term;
The ability to apply for Credit, in order to split any Playter Supplier Fees into 6 consecutive monthly payments at 0% interest (subject to you passing our Credit Checks and Affordability Checks in accordance with clause 5, and subject to clause 8); and
Free access to Playter's standard support package (which shall include account management, and Platform support) throughout the Membership Term and any Renewal Term.
Where you become a Subscriber Member, you will be entitled to the benefits set out in clause 3, but you will also:
have the ability to invite Customer Suppliers onto the Platform for approval by us; and
be entitled to apply for Credit, in order to split any Customer Supplier Fees into consecutive monthly payments in accordance with the Subscription Model set out at the order process, at 0% interest (subject to (i) the Customer Supplier being approved by us, (ii) you supplying all documentation and other information reasonably requested by us to satisfy our know-your-customer and anti-money laundering checks and regulatory requirements, (iii) you passing our Credit Checks and Affordability Checks in accordance with clause 5, and subject to clause 8).
In order to provide you with Credit, you agree and acknowledge that we must determine your eligibility for such Credit. As a result, you hereby authorise us (at our absolute discretion) to:
carry out any Credit Checks we deem appropriate, on or around the Registration Date; and
carry out any Affordability Checks we deem appropriate, each and every time you apply for Credit via the Platform.
To facilitate our Credit Checks you must maintain active open banking and open accounting connections at all times, and failure to do so may result in us withholding Credit at our discretion.
Imployapp Limited provides a non-revolving facility of credit only. Each application for Credit via our Platform shall be assessed individually. We may withdraw your ability to obtain Credit, should you at any time fail to pass our Affordability Checks (including but not limited to circumstances where your financial performance deteriorates). Should your affordability subsequently improve, we may (at our sole and absolute discretion) reinstate your ability to apply for Credit. We may also refuse to grant you Credit where you require Credit for categories of funding for which Playter does not offer Credit (Excluded Categories). Please contact us for further information about Playter’s
Excluded Categories from time to time.
For the purposes of clauses 3(c) and 4.b):
the total amount of Credit awarded to you throughout the Membership Term and any Renewal Term by one or more Lenders, will not exceed the Subscription Allowance;
the maximum Transaction Amount when applying for, or receiving Credit, shall be £150,000 unless approved by our credit team;
the minimum Transaction Amount when applying for, or receiving Credit, shall be no less than £1,000. For Transaction Amounts less than £2,000 there shall be a £5 servicing fee; and
the aggregate exposure of a Subscriber Member or Free User across all loans on the Platform cannot exceed their credit limit at any one time.
Where you enrol onto one of our Subscription Models:
you must pay the Membership Fees from the Registration Date throughout the Membership Term, and throughout any Renewal Term (as the case may be);
you shall, on the Registration Date, provide to us with, valid, up-to-date andcomplete credit or debit card details, along with any other relevant valid, up-to-date and complete contact and billing details requested by us. Unless otherwiseagreed in writing between us and you, we shall invoice you each month in respect of the Membership Fees, and you shall pay each invoice by direct debit payment (or such other payment method agreed with us in writing from time to time). You hereby authorise us to automatically deduct the Membership Fees from a credit or debit card nominated by you on the date the Membership Feesare due. You are responsible for ensuring that sufficient funds are available on the relevant due date so that the appropriate deductions can be made. If an attempted deduction is unsuccessful, the relevant amount will be considered unpaid and clause 10 shall apply if the relevant amounts are not settled by you through an alternative payment method.
If you do not pay any amount properly due to us by the due date, and without prejudice to any other rights and remedies of us:
we may without liability to you, disable all access to the Platform;
we may charge an administration fee 5% of the overdue amount if a failure to pay an amount when it falls due has not been remedied within seven (7) days, subject to a minimum fee of £40 and if we do you will pay us such fee on demand. We may also charge you for other fees, costs or expenses, including
legal expenses, which are incurred by us in the course of attempting to recover the outstanding sums due; and
If we are unable to recover amounts outstanding, we may appoint a collections agent (Collections Agent) who will seek to collect and recover any outstanding sums on our behalf. A Collections Agent may charge a fee (‘Collections Fee’), which is payable by you, and this will be added to the overall amount that the Collections Agent is seeking to collect and recover from you. The Collections Fee will be paid in priority to any amounts paid to satisfy amounts outstanding to us.
interest shall accrue on a daily basis on such due amounts at an annual rate equal to 24% per annum, commencing on the due date and continuing until fully paid, whether before or after judgment.
If an event of default occurs we may demand repayment of any outstanding amounts in full along with all applicable fees under the Credit Agreement and these terms and conditions from you to recover the debt outstanding. The steps we may take include assigning the debt to a debt purchaser and commencing formal legal action or insolvency processes. If further action is necessary, a Collections Charge and third party legal and other costs may apply, and you will be liable to pay all such applicable costs.
All amounts and fees stated herein or referred to in the Contract:
shall be payable in pounds sterling;
are non-cancellable and non-refundable;
are exclusive of value added tax, which shall be added to our invoice(s) at the appropriate rate; and
Playter will allow you to settle non-GBP denominated invoices for this we are obliged to charge an additional non-sterling transaction fee, which is £1.50 for Euro denominated invoices, and £6.50 for USD denominated invoices. This charge will be taken via direct debit separately from the fees associated with the subscription contract.
FX Late Payment Fees
If you accept and agree an indicative exchange rate in order to split a non-sterling denominated invoice and do not make payment within 12 hours you will be subject to the following fees:
If the transaction is cancelled due to failure to proceed with the loan as a result of You failing to perform all steps necessary to ensure the loan continues: a fee of £50.00 plus any costs incurred to cancel the transaction including those due movements in the exchange rate between the exchange rate the transaction is booked at and the prevailing exchange rate at the time of cancellation; or
If payment is received more than 12 hours after You accept the indicative exchange rate a Delayed Payment Fee of £50.00 plus any costs of holding the transaction open including any charges due to movements in the exchange rate between the exchange rate the transaction is booked at and the prevailing rate at the time of any hedging transaction booked to minimise loses.
When accessing our Platform, you agree at all times to comply with our Platform Terms and Conditions of Use.
By joining the Platform, you hereby grant us, a non-exclusive, royalty free, worldwide, irrevocable licence, to use your trade marks and logos, on our website and in our marketing materials.
You acknowledge and agree that we are in no way responsible for the acts or omissions of any third parties (including without limitation any (i) Playter Suppliers, (ii) Customer Suppliers, or (iii) third party Lenders). Whilst we are satisfied with the quality of the third parties we work with, we do not, and cannot, guarantee the performance of any third parties, or any results received from the Platform.
We may (at our sole discretion) amend these Terms and Conditions, and the content and format of the Platform at any time and for any reason, by notifying you in writing (for example by email), whether or not such amendment is due to a Force Majeure Event (as defined below), and in each case without liability.
To the fullest extent permitted by the applicable law, we exclude: (a) all warranties, representations, terms and conditions (whether express or implied); and (b) any actual or alleged indirect loss or consequential loss howsoever arising, suffered by you, and any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, and any other type of economic loss (whether direct or indirect). If we are liable to you for any reason, our total liability to you in relation to the Contract (whether under these Terms and Conditions or otherwise) islimited to the amount of Membership Fees received by us from you pursuant to the Contract.
If, by reason of any Force Majeure Event, we are delayed in or prevented fromperforming any of our obligations under the Contract, then such delay or non-performance shall not be deemed to be a breach of the Contract, and no loss or damageshall be claimed by you by reason thereof. Our obligations shall be suspended during the period of the delay or non-performance and we and you shall each use reasonable endeavours to mitigate the effect of the Force Majeure Event. For the purpose of this clause 20, “Force Majeure Event” means any event arising that is beyond our reasonable control including (without limitation) supplier or contractor failure, industrial dispute, governmental regulations or action, military action, fire, flood, epidemic, pandemic, disaster, civil riot, acts of terrorism or war.
Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
the other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment;
the other party commits a material breach of any other term of the Contract and where such breach is irremediable or (if such breach is remediable) where that party fails to remedy such breach within a period of 28 days after being notified in writing to do so;
the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, as if the words "it is proved to the satisfaction of the court" did not appear
in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;
the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other
companies or the solvent reconstruction of that other party;
a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party;
the holder of a qualifying floating charge over the assets of that other party has become entitled to appoint or has appointed an administrative receiver;
a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;
any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 21.c) to clause 21.i) (inclusive); or
the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
On termination of the Contract for any reason:
all licences and rights granted under the Contract shall immediately terminate and you shall immediately cease all use of the Platform; and
any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced.
Confidential Information means all confidential information (however recorded or preserved) disclosed by a party or its Representatives (as defined above) to the other party and that party's Representatives whether before or after the Registration Date in connection with the Contract, including but not limited to:
the existence and terms of the Contract;
any information that would be regarded as confidential by a reasonable business person relating to:
the business, assets, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of the disclosing party (or of any member of the group of companies to which the disclosing party belongs); or
the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing party (or of any member of the group of companies to which the disclosing party belongs);
any information developed by the parties in the course of carrying out the Contract, and the parties agree that:
details of the Platform, any services delivered via the Platform, and any performance tests of the Platform, shall constitute Playter’s Confidential Information; and
details of your use of the Platform, any information you disclose to us as part of your application for Credit, and any financial information youdisclose to us either via open banking or via open accounting, shall constitute your Confidential Information.
The provisions of this clause 23 shall not apply to any Confidential Information that:
is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its Representatives in breach of this clause 23);
was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party's knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
the parties agree in writing is not confidential or may be disclosed; or
is developed by or for the receiving party independently of the information disclosed by the disclosing party.
Each party shall keep the other party's Confidential Information secret and confidential and shall not:
use such Confidential Information except for the purposes of:
exercising or performing its rights and obligations under or in connection with the Contract; and
in the case of Playter, for its own internal business purposes, (Permitted Purposes); or
disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by the Contract (including without limitation pursuant to clause 24).
A party may disclose the other party's Confidential Information to those of its Representatives who need to know such Confidential Information for the Permitted Purpose, provided that:
it informs such Representatives of the confidential nature of the Confidential Information before disclosure; and
at all times, it is responsible for such Representatives' compliance with the confidentiality obligations set out in this clause 23.
A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party
as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 23e), it takes intoaccount the reasonable requests of the other party in relation to the content of such disclosure.
A party may, provided that it has reasonable grounds to believe that the other party is involved in activity that may constitute a criminal offence under the Bribery Act 2010, disclose Confidential Information to the Serious Fraud Office without first informing the other party of such disclosure.
Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party's Confidential Information other than those expressly stated in the Contract are granted to the other party, or to be implied from the Contract.
On termination or expiry of this agreement, each party shall:
destroy or return to the other party all documents and materials (and any copies) containing, reflecting, incorporating or based on the other party's Confidential Information;
erase all the other party's Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third parties (to the extent technically and legally practicable); and
certify in writing to the other party that it has complied with the requirements of this clause 23, provided that a recipient party may retain documents and materials containing, reflecting, incorporating or based on the other party's Confidential Information to the extent required by law or any applicable governmental or regulatory authority. The provisions of this clause 23 shall continue to apply to any such documents and materials retained by a recipient party.
No party shall make, or permit any person to make, any public announcement concerning the Contract without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
The above provisions of this clause 23 shall survive for a period of five years from termination or expiry of the Contract.
In order to process your application for membership on our Platform, any Credit, and for ongoing account management, we will perform credit and identity checks on you, with:
one or more credit reference agencies, such as Experian Limited and Equifax Limited (our “CRAs”); and
one or more trusted partners, such as Onfido Limited, Hellosoda Inc, Wiserfunding Limited and Certua Group Limited (our “Trusted Partners").
We will exchange information about you (including Confidential Information), such as your financial history, on an ongoing basis with our Trusted Partners. We exchange this information to assess creditworthiness and product suitability, for identity verification purposes, to manage your account, to trace and recover debts, and to prevent criminal activity. We will also exchange information (including Confidential Information) about you with our CRAs on an ongoing basis, including in relation to your settled accounts, and any debts not fully repaid by you on time. Our CRAs will share your information (including your Confidential Information) with other organisations. The ways in which our CRAs may use and share your information, are explained in more detail at
www.experian.co.uk/crain, and
www.equifax.co.uk/crain. You hereby consent to the transfers of information set out in this clause 24.
We reserve the right to amend these Terms and Conditions from time to time by notifying you in writing (for example by email).
The Contract, and our Platform Terms and Conditions of Use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
No person other than you and us shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce the Contract or these Terms and Conditions, without the prior written agreement of both you and us.
These Terms and Conditions (and the Contract) are governed by and construed and interpreted in accordance with the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.
Brokers and Introducers - Where the Subscriber Member or user of the platform has been introduced to Imployapp Limited by a broker or introducing agent (“Broker”) Imployapp Limited will pay such person or organisation a commission. If You wish to know the quantum of such commission please ask your broker directly.
Platform Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR PLATFORM
In these Terms and Conditions, the following definitions apply:
Acceptable Use Policy: means the acceptable use policy set out below.
Invoiced Amount: means the amount to be paid by you as a customer, as set out in the invoice submitted by the relevant Supplier via the Platform, including VAT.
Lender: means a third party lender, introduced to you by us.
Platform Membership Terms and Conditions: means the platform membership terms and conditions set out above.
What's in these terms?
These terms tell you the rules for using the Playter Pay platform, hosted at www.app.playter.co (Platform).
Who are we and how to contact us?
The Platform is operated by Imployapp Limited ("We" / “Playter”). We are registered in England and Wales under company number 11376064 and have our registered office at Fox Court, 14 Gray’s Inn Road, London, WC1X 8HN. Our VAT number is 316192809.
To contact us, please email support@playter.co.
By using our platform you accept these terms:
By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Platform.
We recommend that you print a copy of these terms for future reference.
Your use of the platform
In order to use our Platform, you must set up an account as a customer (further information about this is set out on our website). When setting up an account, please note that in order to assess your eligibility for credit via the Platform we will request permission to access to both your accounting information through open accounting and your business bank data via open banking. In the event that credit is available for you, you will be asked to confirm whether you wish to accept such credit. Once you have confirmed you wish to accept credit, further information will be given to you regarding additional credit terms, which you will need to agree to in order to access the credit. At this point, you will also be provided with confirmation of the Invoiced Amount and the processing fee.
General access to the Platform is made available to you free of charge.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our
Platform:
Our platform membership terms and conditions
Our acceptable use policy
Our Privacy Notice (located at https://playter.co/privacy-policy/); and
Our Cookie Policy (located at https://playter.co/cookie-policy/).
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our platform
We may update and change our Platform from time to time to reflect changes to our products or services, our users' needs and our business priorities.
We may suspend or withdraw our platform
We do not guarantee that our 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 our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our Platform is only for users in the UK
Our Platform is directed to people residing in the United Kingdom. We do not represent that content available on or through our Platform is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a username, 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 username 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 of use.
If you know or suspect that anyone other than you knows your username or password, you
must promptly notify us at support@playter.co.
How you may use material on our Platform
We are the owner or the licensee of all intellectual property rights in our 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 may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
You must not use any part of the content on our 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 our Platform in breach of these terms of use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this Platform
The content on our 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 our Platform.
Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.
We are not responsible for websites we link to
Where our 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 may have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the platform, including to advertise job vacancies. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users please contact us by email at support@playter.co.
Our responsibility for loss or damage suffered by you
Please note that we only provide our platform to you for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update, offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How we may use your personal information
We may collect personal data from you. Alternatively you may provide your personal data directly to us in order to use the Platform. We will only use your personal information as set out in our privacy policy (located at https://playter.co/privacy-policy/).
Uploading content to our platform
Whenever you make use of a feature that allows you to upload content to our platform, or to make contact with other users of our platform, you must comply with the content standards set out in our Acceptable Use Policy below.
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 our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required togrant us and other users of our platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in ‘Rights you are giving us to use material you upload’ below.
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 our platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Rights you are giving us to use material you upload
When you upload or post content to our platform, you grant us a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide, without any further consent, notice and/or compensation to you or others.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology and computer programmes to access our platform. You should use your own virus protection software.
You must not misuse our 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 our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our 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 our platform will cease immediately.
Rules about linking to our platform
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.
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 our platform in any website that is not owned by you.
Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.
If you wish to link to or make any use of content on our platform other than that set out above, please contact us at jamie@playter.co.
Which country's laws apply to any disputes?
These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in the event of a dispute.
Acceptable Use Policy
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE
What's in these terms?
This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Who we are and how to contact us
Playter is a site operated by Imployapp Limited ("We" / “Playter”). We are registered in England and Wales under company number 11376064 and have our registered office at Fox Court, 14 Gray’s Inn Road, London, WC1X 8HN. Our VAT number is 316192809.
To contact us, please email support@playter.co.
By using our site you accept these terms
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
The following also apply to your use of our site:
Our Platform Membership Terms and Conditions;
Our Platform Terms and Conditions of Use;
Our Privacy Notice (located at https://playter.co/privacy-policy/); and
Our Cookie Policy (located at https://playter.co/cookie-policy/).
We may make changes to the terms of this policy
We may amend these terms from time to time by notifying you in writing (for example by email). Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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 reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use above.
Not to access without authority, interfere with, damage or disrupt:
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site allowing you to make online applications, apply for job vacancies, communicate with organisations looking to recruit, and attend conference and / or video calls (interactive services).
Where we 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 from third parties when they use any interactive service provided on our site, 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 our site, 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 content
standards below, whether the service is moderated or not. 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.
Where we do moderate an interactive service, we will normally provide you with a means of
contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
These content standards must be complied with in spirit as well as to the letter. These standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any other country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Playter, if this is not the case.
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.
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.
Contain any advertising or promote any services or web links to other sites.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of our terms of use above upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
The issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
The terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in the event of a dispute.
