MPS T&Cs

Terms and Conditions applicable to use of myplayservice.co.uk (SaaS)

By using or accessing

  • http://centres.myplayservice.co.uk
  • https://centres.myplayservice.co.uk
  • http://www.myplayservice.co.uk
  • https://www.myplayservice.co.uk
  • http://bookings.myplayservice.co.uk
  • http://bookings.myplayservice.co.uk

owned and operated by Workwiz Ltd, and the websites linked to it. These are usually in the following format:

  • http://bookings.clientDomainName
  • https://bookings.clientDomainName

operated by Workwiz Ltd, a company registered in the UK under company number 4999377 and registered office address at 20-22 Wenlock Street, London, N1 7GU, (the “Sites”),

The user of the Sites or service offered via the Sites (“you” or “your”) agree to and are subject to the following terms and conditions (the “Terms”) as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorised to access or use the Sites. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Workwiz Limited (“we”, “us” or “our”). You are not authorised to use the services offered via the Sites unless you are 18 or over.
1. THE SITES, THE SERVICE AND OUR ROLE
1.1 We do not own or manage, nor can we contract for, any childcare centre, facility or club listed on the Sites (“Providers”). Instead, the Sites is a forum which enables Providers to advertise their amenities to parents and carers (“Parents”) and enables Parents to book the use of their centres, clubs and facilities. We are not involved in any transaction between Parents and Providers even though we may provide tools that relate to a booking and may collect payment from a Parent on behalf of a Provider. As a result, the contract relating to a booking of a centre, facility or club is between the Parent and the Provider and each part of an actual or potential contract between a Parent and a Provider, (including without limitation the quality, safety or legality of the centres or facilities advertised, the truth or accuracy of the listings on the Sites, the identity of Providers and Parents, ability of Parents to book the use of the facility or centre at specified times, or the ability of Parents to pay for the use of such facilities) are solely the responsibility of the Parent and Provider and it is the Parent’s and Provider’s responsibility to verify these matters. We therefore disclaim all liability and responsibility relating to the content and materials posted by the Providers and any reliance placed on this by you.
1.2 We are also not responsible for the operation or management of any facilities, centres or clubs listed on our Sites or the compliance with laws, rules or regulations that may be applicable to any such facility, centre or club. Each Parent is advised to make appropriate enquiries with the Provider prior to making a booking and to raise any complaints directly with the Provider or the Provider’s regulator.
1.3 Where we collect payment on behalf of a Provider we act only as a booking agent and account to the Provider for the booking fee (less our administration fee). The cancellation terms applicable to that booking will be those set out on the Provider’s websites or sent to you by the Provider and any cancellation may be made direct with the Provider or with us. However, in either case the Provider will be responsible for refunding the booking fee, in accordance with its terms of business.
2. LIMITED LICENSE TO USE THE SITES
2.1 You are granted a limited, revocable, non-exclusive license to access the Sites and the content and services provided on the Sites in accordance with the Terms. Any use of the Sites that is not in accordance with the Terms or as otherwise authorised by us in writing is expressly prohibited. We reserve all rights in and to the Sites, content and services not expressly granted in this condition 2.

3. UNAUTHORISED USES OF THE SITES
3.1 The license to use the sites granted to you in condition 2 does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Sites nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.
3.2 Unauthorised uses of the Sites also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorised by us in writing:
3.2.1 make any commercial use (other than by registered Providers) of the Sites or any of content on the Sites;
3.2.2 make any use of the Sites or the tools and services on the Sites for the purpose of booking or soliciting a booking for a registered Provider in respect of a club, centre or facility which is not registered with the Sites;
3.2.3 copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
3.2.4 reproduce any portion of the Sites on your websites or otherwise, using any device including, but not limited to, use of a frame or border environment around the Sites, or other framing technique to enclose any portion or aspect of the Sites, or mirror or replicate any portion of the Sites;
3.2.5 modify, translate into any language or computer language, or create derivative works from, any content or any part of the Sites; reverse engineer any part of the Sites; sell, offer for sale, transfer, or license any portion of the Sites in any form to any third parties;
3.2.6 use the Sites or post or transmit information that is in any way false, fraudulent, or misleading, including making any booking or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
3.2.7 post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, blasphemous, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
3.2.8 use any third party material or content without that third party’s consent or otherwise plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
3.2.9 use or access the Sites in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Sites or any other system used by us or the Sites.
3.3 You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.
3.4 By breaching condition 3.3, 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 sites will cease immediately.
3.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on it, or on any websites linked to it.
4. PROPRIETARY RIGHTS AND DOWNLOADING OF INFORMATION FROM THE SITES
4.1 We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, of any page(s) from the Sites for your personal reference and you may draw the attention of others within your organisation to material posted on the Sites.
4.3 You must not modify the paper or digital copies of any materials you have printed off, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.
4.5 You must not use any part of the materials on the Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6 If you print off, copy or download any part of our sites in breach of these Terms, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. YOUR E-MAIL ADDRESS AND OUR PRIVACY POLICY
5.1 We process information about you in accordance with our privacy policy. By using our sites, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 We will transmit Parents’ data to the Providers that the Parents register with via the Sites to enable the Providers to fulfil their service to Parents. We cannot be and are not responsible for any use made by the Providers of your data. You should check the Providers’ privacy policies to see what use will be made of your data.
6. IDENTITY VERIFICATION
6.1 If you register with us, you must treat such information as confidential and must not disclose it to any third party. We reserve the right to disable any user identification, code or password at any time if in our opinion you have failed to comply with any provision of these Terms.

7. RESPONSIBILITY FOR USER-CONTRIBUTED CONTENT
7.1 We have no duty to pre-screen content posted on the Sites by Parents, Providers or other users (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Sites of, or to remove from the Sites, any user-contributed content that in in breach of conditions 3.2.6, 3.2.7 or 3.2.8 or if it otherwise is in breach of these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content. Finally, we reserve the right (but do not assume the obligation) to edit a Provider’s content in a non-substantive manner solely to cause the content to comply with our formatting requirements.
7.2 All childcare centre, facility or club listings on the Sites are submitted by the Provider and are the sole responsibility of the Provider, and Providers are solely responsible for keeping their information up-to-date on the Sites.
7.3 Any material you upload to the Sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
7.4 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites.
7.5 We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in conditions 3.2.6, 3.2.7 or 3.2.8.
7.6 We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
8. LINKS TO THIRD PARTY SITES
8.1 This Sites may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Sites to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
9. OUR LIABILITY
9.1 The material displayed on the Sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. Subject to condition 9.2, our total liability to you in respect of any use of the Sites, our services or otherwise, whether arising in respect of any claim for breach of contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed £50 in aggregate.
9.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10. GENERAL
10.1 No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Sites.
10.2 Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to info@myplayservice.co.uk or by postal mail to:
Workwiz – MyPlayservice.co.uk
20-22 Wenlock Street
London
N1 7GU

When we need to send you notice, it will be sent to the email address you provide to the Sites during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mail to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given two business days after the date of mailing.
10.3 Changes to the Sites or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Sites at any time, including the availability of any Sites features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to all or any part of the Sites without notice or liability for similar reasons.
10.4 Variations to these Terms: We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Sites and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a Parent is to discontinue your use of the Sites, and (ii) your sole remedy as a Provider is to withhold your consent to the applicability of the proposed amendment to your use of the Sites, in which case your use of the Sites will continue to be governed by the terms and conditions that were applicable to your use of the Sites during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When Providers renew subscriptions, the terms in effect at the time of renewal will govern unless and until any other revisions are made as described above.
10.5 Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
10.6 Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Sites. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
10.7 Assignment: We may assign our rights under our agreement with you in our sole discretion, but not in such a way as to reduce the commitments we make to you. You must obtain our prior written consent to assign your rights under the agreement with us, which may be granted or withheld by us in our sole discretion.
10.8 Jurisdiction: The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Sites. These Terms and any dispute or claim arising out of or in connection with them or their 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.
10.9 Providers: there are additional terms and conditions applicable to Providers, which are accessible here.

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