Terms & Conditions
This PLAYR Agreement (“Agreement”) is entered into as of the date you accept these terms and conditions and provide the data privacy consent through the PLAYR Application.
This Agreement is between you as the purchaser (“Purchaser”, “you”, “your”)and Kodaplay Limited trading as PLAYR (“PLAYR”), registered no. 542424 in the Republic of Ireland and located at U1 B1 Quayside Business Park, Mill Street, Dundalk, Co Louth, Ireland).
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – TERMS
By agreeing to these Terms of Service, you represent that you are at least 16 years of age or in the case of Purchasers under the age of 16, that your parent or guardian has provided consent:
- to use the Equipment and Software; and
- in relation to data privacy as more fully set out in clause 10 below.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). The “Services” are the grant of a non-exclusive, non-sublicensable, non-assignable, non-transferable, revocable license to you to use the software provided by (or on behalf of) PLAYR (“Software”) for the Licensed Purpose (as defined below) on the terms and conditions of these Terms of Service and as otherwise agreed between you and PLAYR in writing. You must not sub-license, assign or transfer or otherwise deal with your rights under the license except as expressly permitted by PLAYR in writing. Any breach of the license will cause the agreement constituted by these Terms of Service to be terminated and for the Services provided to you to cease.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
You must not, and must procure that your affiliates, and your respective Personnel do not:
use the Software for any purpose other than the Licensed Purpose;
access the source code of the Software, or except to the extent explicitly permitted by applicable law, copy, reverse engineer, adapt, decompile, vary or modify the Software;
supply, provide, sub-license, rent or otherwise make available the Software in whole or in part, in any form, to any other person;
use the Software to post, send, distribute or do other matter or thing in relation to, any information or materials contrary to law, infringe a third party’s rights, or are contrary to any relevant standards or codes; or
use the Software to send unsolicited electronic messages to anyone, make fraudulent or speculative enquiries or other similar activities, or transmit to or using the Software, any virus, disabling or malicious device or code, worm, Trojan, time bomb or other harmful or destructive device or code.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party
SECTION 10 – PERSONAL INFORMATION AND DATA
We will collect, process, store and use your personal data in accordance with:
- these terms and conditions;
- consistent with the consent you (or for users under 16 years of age, your parent or guardian) provide when you first use PLAYR.
You may contact us with any concerns regarding our use of your data or you may opt-out of the consent to that data use you have provided, by contacting us by email: firstname.lastname@example.org
We will maintain and enforce technical and organizational measures in accordance with our information security policy to protect our information technology systems and your personal data. We use we use data storage services provided by IBM Cloud with facilities in London, Washington and Sydney.
You acknowledge and agree that the goods and/or services provided pursuant to these Terms of Service are being leased, licensed or provided (as applicable) to you only for the purpose of monitoring the performance and capabilities of approved users (the “Licensed Purpose”). Title to, and all intellectual property in, the Data (including the De-Identified Data) is owned by you. “Data” means all data and information about or in relation to a user of equipment that has been supplied by (or on behalf of) PLAYR (“Equipment”) that is inputted into or generated by the Software and the Equipment, and includes, without limitation, biometric and athlete performance-related and capability-related data. “De-identified Data” means Data in respect of which all reasonable steps have been taken with a view to ensuring that the identity of any one individual cannot be ascertained from the Data. You must use the Data only for the Licensed Purpose and, unless otherwise permitted by these Terms of Service, you must not assign your rights in the Data to any other person or grant any other person any right, license or other interest in or to the Data (including, without limitation, to use the Data).
You agree that, during and after the term that PLAYR provides the Services, the Data may be accessed and used by PLAYR and its affiliates (within Ireland or overseas) at any time for the purpose of performing PLAYR’s obligations in respect of the Services and monitoring its rights under these Terms of Service and the performance of the Equipment or Software. You also agree that the De-identified Data may be created and used by PLAYR and its affiliates (within Ireland or overseas) or permitted third parties (the “PLAYR Group”) for aggregate reporting purposes, research and development, and for use in respect of the development of new products and services, and enhancements to existing products and services. “affiliates” means related companies and entities of a person.
You agree that the Data may be accessed by any member of the PLAYR Group from the date that is 12 months after the date that such Data was created and used by any member of the PLAYR Group, for aggregate reporting purposes, research and development, and for use in respect of the development of new products and services, and enhancements to existing products and services. You grant each member of the PLAYR Group a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sub-licensable, assignable, transferable license to use, reproduce, modify, adapt, create derivative works from, distribute and otherwise deal with the Data and De-identified Data for any purposes set out in these Terms of Service. You warrant to PLAYR that you have the right to grant each member of the PLAYR Group the licenses set out in these Terms of Service and you have obtained all necessary consents required in relation to the collection, storage, use (including, without limitation, by each member of the PLAYR Group), sub-license, assignment and transfer of the Data, including, without limitation, any consents required in accordance with any privacy law (and other applicable law) that applies to any applicable individual and users of Equipment or Software.
“permitted third parties” means PLAYR’s and its affiliates’ third party partners, sub-licensees, assignees and transferees permitted to access and use Data and De-identified Data in accordance with these Terms of Service. “products and services” includes, without limitation, physical goods and digital applications.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES AND IP
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You must not, and must procure that your affiliates, and (if applicable) that your and your affiliates’ Personnel do not, during or after the term of any Services provided by PLAYR in any way question or dispute (or similar) the ownership of any intellectual property belonging to any member of the PLAYR Group (the “PLAYR IP)”. “Personnel” of a person means employees, agents, contractors or representatives of that person.
If any member of the PLAYR Group takes any action in respect of any PLAYR IP, you must provide, at the reasonable cost of the member of the PLAYR Group, all assistance reasonably required by the PLAYR Group in relation to that action. You indemnify each member of the PLAYR Group and their Personnel, and must keep those persons indemnified, from and against any and all losses incurred by any of them arising directly or indirectly from your, or your affiliates, or your respective Personnel, doing, permitting or authorising any matter or thing, or omitting to do, permit or authorise any matter or thing (including, without limitation, any matter or thing in breach of these Terms of Service) that results in an infringement of any PLAYR IP.
If you or your affiliates, or any of your respective Personnel, makes, develops or acquires any Improvement in respect of the PLAYR IP, you must immediately notify PLAYR of the same and provide PLAYR with all known details about such Improvement in writing. You agree that all Improvements in PLAYR IP will be owned by PLAYR(or, as directed by PLAYR, another member of the PLAYR Group) and you hereby assign to PLAYR (or its nominee), and will procure that all relevant third parties assign to PLAYR (or its nominee), all intellectual property rights in such Improvement (such assignment to be effective on the date of creation of the Improvement), and otherwise agrees to take all steps necessary (as determined by PLAYR (or its nominee) in its sole and absolute discretion), and procure that all relevant third parties take all steps necessary (as determined by PLAYR in its sole and absolute discretion), to ensure that PLAYR (or its nominee) owns all rights in and to such Improvement, and is able to apply for registration of any intellectual property rights in such Improvement in PLAYR’s (or its nominee’s) name. If for any reason the assignment of intellectual property rights in any Improvement under these Terms of Service is not effective at law, the assignment will nonetheless be effective in equity and in such case, you hold, and will procure that all relevant third parties hold, such rights on trust solely and absolutely for PLAYR. You also agree that you (or your nominated affiliate) may do any matter or thing it requires in relation to Improvements in PLAYR IP (including, without limitation, apply for the relevant patent or registration in its name if the Improvement is patentable or registrable (including, without limitation, as a design)). “Improvement” means any improvement, amendment, modification, enhancement, adaptation, innovation, invention, translation, fix, addition, or change of any type made by or on behalf of you or your affiliates (including, without limitation, by your respective Personnel) to, or in any way relating to, the Equipment or the Software or other property of each member of the PLAYR Group, whether or not patentable or registrable (including, without limitation, as a design), and all know-how in respect of same.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Except for any liability imposed under any applicable law that cannot lawfully be excluded (in which case PLAYR’s and its affiliates’ and licensors’ liability will be limited to the maximum extent permitted by law), to the maximum extent permitted by law PLAYR’s (and its affiliates’ and licensors’) aggregate liability under or in connection with this Agreement to the Subscriber and its affiliates, and their respective Personnel (including, without limitation, for claims made by you under or in connection with these Terms of Service (including, without limitation, under any indemnity) for any losses whatsoever, regardless of how they arise (including, without limitation, through PLAYR’s (or its affiliates’ or licensors’) negligence, or through the negligence of any of their respective Personnel), will be limited to an amount equal to the fees actually paid by you to PLAYR in relation to the Equipment and Software relating to the 12-month period immediately preceding the date on which the first claim arose.
In no case shall PLAYR (Kodaplay Limited), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless PLAYR (Kodaplay Limited) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of these Terms of Service or the documents they incorporate by reference, (ii) your violation of any law or the rights of a third-party, (iii) the possession, operation or use of the Equipment or Software including, without limitation, any death, injury, damage or destruction to any person or property arising directly or indirectly from such possession, operation or use, or (iv) any loss or damage to any Equipment (if not paid for in full) and the payment of any deductible on an insurance policy maintained by PLAYR (or its affiliates) in respect of the Equipment (if not paid for in full).
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services or other goods and services shall be governed by and construed in accordance with the laws of England.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21 – APPLE WATCH USERS
The Apple Watch PLAYR application is designed specifically for use on the Apple Watch (“the App”). It is designed to integrate with the PLAYR Equipment.
In addition to the above terms and conditions, the following terms and conditions apply to users of the App:
Access to the App will be offered to you as a subscription service exclusively through Apple’s App Store. You can access the App by subscribing on a monthly or yearly basis (“Subscription Period”) on payment of a fee.
Following any applicable trial period, you will be billed a fee at the start of each Subscription Period. The Subscription Period will automatically renew until you cancel your subscription through the Apple App Store.
If you cancel your subscription, your subscription will remain active until the end of the current Subscription Period.
The fee for the subscription is subject to change without notice.
Users of the App are required to register a PLAYR account. The registration and related account data will be owned by PLAYR. All payments, billing and cancellations will be handled by Apple through the App Store. You may update your payment methods and billing details through the App Store using your corresponding App Store account. We do not store any payment information or related details provided by you to Apple.
Apple Watch Users will have access to a limited set of features. We reserve the right to add or remove features at our sole discretion.
The Apple Watch is a third-party device using the App. Accuracy of the GPS data is the responsibility of Apple and the Apple Watch. You acknowledge that there may be discrepancies between the App data and the PLAYR SmartPod.
You must not use the Apple Watch in connection with the App and Equipment while participating in a competitive sporting match.
You agree to indemnify, defend and hold harmless PLAYR (Kodaplay Limited) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) the possession, operation or use of the Apple Watch and the App including, without limitation, any death, injury, damage or destruction to any person or property arising directly or indirectly from such possession, operation or use, or (ii) any loss or damage to the Apple Watch incurred while using the Apple Watch in connection with the App.