PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION
The ‘Totem’ mobile application (and any of our other online or mobile products, content and services that may be available through the application) (the Service) was built by Play Consulting Limited (“Play”, “we”, “us” or “our”). It is intended for use by organisations and the individuals they connect with. The organisation through which you are using the Service (e.g. your employer if you are using the Service in relation to the place where you work, or any other company who may have invited you to use the Service (your “Company”)) likely has its own policies in place regarding your use of the Service and any data you submit or provide through the Service (“Company Policies”). Your use of the Service should comply with your Company Policies. Please contact your Company for more information on the Company Policies.
Use of the Service
Your Company is responsible for providing the Service to you. We provide services to your Company from or via our facilities in the United Kingdom to enable your Company to provide the Service to you. We make no representation that the Service is appropriate or available for use in any other country.
We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons. We will try to give your Company reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We do not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Service. You should use your own virus protection software.
Your use of the Service is also subject to any rules or policies applied by the app store provider from whose site you downloaded the Service.
You must not use the Service:
- to send, post, create or display content or material that is: (i) obscene, offensive, hateful, defamatory or discriminatory; (ii) deceptive or fraudulent; (iii) that promotes or encourages illegal activity or violence; or (iv) is otherwise inappropriate or unlawful.
- to send, post, create or display content or material that infringes the rights (including intellectual property rights) of any other person.
- 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 that could damage or adversely affect the operation of the Service or any computer software or hardware.
- to impersonate any person, or to misrepresent your identity or affiliation with any person.
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- in any way that breaches any applicable local, national or international law or regulation.
You also must not:
- allow anyone else to access or use the Service without your Company’s permission.
- reproduce, duplicate, copy or re-sell any part of the Service in contravention of the provisions of these Terms.
- access without authority, interfere with, damage or disrupt the Service or any network or software used in the provision of the Service.
Intellectual Property Rights
With the sole exception of User Content (as defined below) and any Company-owned data, we, or our affiliates or licensors, are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us. We grant you a limited licence to access and use the Service. Any licence granted to you under these Terms is revocable at any time (and with or without reason).
“User Content” means any and all Content that you (or any other user(s) on your behalf) submit, post, upload, publish, display, transmit, share, store or otherwise make available on, via or in connection with the Service (collectively, “post“).
The Service may include information and materials posted by other users of the Service. This information and these materials have not been verified or approved by us. The views expressed by other users on the Service do not represent our views or values.
You are solely responsible and liable for the content, accuracy, completeness and legality of the User Content you post. Accordingly, you warrant and undertake to us that: (a) you have the full legal right to post any User Content and to grant to us the rights in such User Content specified in these Terms; and (b) no User Content does or will violate or infringe any third-party rights (including copyright, trade marks and/or privacy rights) or contain defamatory or otherwise unlawful material.
You warrant that any User Content you post will comply with these Terms (in particular the acceptable use standards set out in these Terms) 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 User Content you post to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us a worldwide, perpetual, payment-free and transferable licence to use all or any part of any User Content in any manner we choose. To the fullest extent permitted by law, you irrevocably waive, and agree not to assert, any so-called “moral rights” or other non-transferable rights that you may have in any User Content. Where permitted by you or required by a court or other competent authority or permitted by law, we may disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s rights.
We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
Changes to these terms
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take note of any changes we make as they are legally binding on you.
Suspension and Termination
Your Company may also be entitled to terminate or suspend your access to the Service if it considers that you are in breach of the Company Policies, but in addition we may take such action as we deem appropriate where we determine (in our discretion) that there has been a breach of these Terms, such action may include immediate termination or suspension of your right to use and access the Service.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
Your Company is ultimately responsible for the provision of the Service to you. We exclude all implied conditions, warranties, representations or other terms that may apply to the Service or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Service; or
- use of or reliance on any content displayed on the Service.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
However, nothing in this Agreement shall limit or exclude our liability for:
- death or personal injury resulting from our negligence
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
We will not be liable or responsible for any failure or delay to perform any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control and our obligations under this Agreement will be suspended until such act or event stops.
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and you and we agree to the exclusive jurisdiction of the courts of England and Wales.
This policy was last modified on Monday 21st May 2018.