The online cloud-based learning platform available on www.playitsafe.eu (“Website”) is owned and managed by Play It, a private limited liability company (besloten vennootschap or BV) incorporated under Belgian law, with registered seat at Nelson Mandelaplein 2, 8500 Kortrijk (Belgium), registered with the Crossroads Bank for Enterprises RPR Ghent, under company number 0671.574.550 (hereinafter “Play It”).
You also agree that Play It may provide all communications and notices to you electronically by posting them on the Website or by sending an e-mail to the e-mail address you provided to Play It when registering on the Website.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Play It of any disclosure or unauthorized use of your username or password or any other breach of security at email@example.com and ensure that you log out from your account at the end of each session.
2. DESCRIPTION OF THE SERVICE
The Service consists of an online cloud-based learning platform on safety and prevention through gaming for employees and a management portal for the prevention advisor in the areas of first aid, fire, ergonomics, general security, hygiene and psychosocial care available on. Your Company has entered into an agreement with Play It on your use of the Service that, among other things, contains provisions with regard to the payment conditions and term of your use (the “MSA”).
3. OWNERSHIP - RESTRICTIONS
4. DISCLAIMER, LIABILITY, AND INDEMNIFICATION
Play It makes no representations or warranties, express or implied, regarding the use or performance of the Service, including without limitation any implied warranties of merchantability, or fitness for a particular purpose. Play It does not warrant or represent that the Service will be compatible with any application, program or platform not specifically identified as compatible in the Service. You accept the Service “as is”.
You agree that Play It can only be held liable as per the terms of this article to the extent damages suffered by you are directly attributable to Play It. For the avoidance of doubt, Play It shall not be liable for any claims resulting from (i) your unauthorized use of the Service, (ii) your or any third party’s modification of (any parts) of the Service, (iii) your failure to use the most recent version of the Service made available to you or your failure to integrate or install any corrections to the Service issued by Play It, or (iv) your use of the Service in combination with any non-Play It services.
You represent and warrant to Play It that any Data provided by you is accurate and truthful and shall not (i) infringe any intellectual property rights of third parties, (ii) be deceptive, defamatory, obscene or unlawful; (iii) contain any viruses, worms or other malicious computer programming codes intended to damage Play It’s system or data; or (iv) otherwise violate the rights of a third party. You acknowledge and agree that Play It is not obligated to back up any information stored on your account. You agree that any use of the Website, the Service or your account contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Website and/or the Service for which Play It cannot be held liable.
4.3 INDEMNIFICATION BY PLAY IT
Play It will defend, indemnify, and hold you harmless from and against all costs, liabilities, losses, and expenses arising from any founded and well-substantiated third-party claim, suit, action, or proceeding arising from the infringement of any European intellectual property rights by the Service. In case of such a claim, Play It may, in its sole discretion, (i) procure a license that will protect you against such claim, or (ii) replace the Service with a non-infringing Service, or (iii) if such remedies are not practicable, Play It may cancel the Service.
The foregoing states the entire liability and obligation of Play It and the sole and exclusive remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the Service or any part thereof.
4.4 INDEMNIFICATION BY YOU
You agree to defend, indemnify, and hold harmless Play It (and its officers, directors, employees and agents) from and against any founded and well-substantiated third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) which result from any Data infringing the rights of any third party (including infringement of intellectual property).
5. YOUR OBLIGATIONS
7. PRIVACY STATEMENT
Play It acknowledges and understands the importance of your privacy and will store and access Personal Data in a private and secure environment. Play It will be considered as the “Data Processor” and the Company as the “Data Controller” for the processing of any Personal Data via the Service or any part thereof. Play It shall only process any Personal Data relating to you on the documented instructions from the Company, as Data Controller, and takes appropriate technical and organizational measures against any unauthorized or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorized access thereto. In the event you request Play It of a copy, correction, deletion of the Personal Data or you want to restrict or object to the processing activities, Play It shall inform the Company of such request within two (2) calendar days. Play It shall, as Data Processor, provide the Company, as Data Controller, with full details of such request, objection or restriction of the User, together with a copy of the Personal Data held by Play It. Furthermore, Play It shall promptly direct you as user to the Company, who will deal with the request in accordance with the applicable Data Protection Legislation.
The Personal Data that shall be processed by Play It as Data Processor may include (without limitation) private notes of any kind concerning you as a User of the Service which one added to the Service without your knowledge by other users of the Service and/or the Company (the “Private Notes”). We shall not use your Personal Data for any other purpose than instructed by the Data Controller and allowing you to make use of the features and the technical operation of the Service.
8. SUSPENSION AND TERMINATION
9.1 GOVERNING LAW – JURISDICTION
9.4 ENTIRE AGREEMENT
9.6 FORCE MAJEURE
“Company” shall mean the party entering the MSA with Play It;
“Data Controller” means the physical or legal person, which, alone or jointly with others, determines the purposes and means of the processing of Personal Data;
“Data Processor” means the physical or legal person which processes Personal Data on behalf of the Data Controller;
“Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world; and
“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Last revision: February [•] 2021