Terms and Conditions
PLAY SENSE LIMITED
Trading as Play Sense
Terms and conditions of use
Most recent Update: [ 9 September 2020 ]
- BINDING AGREEMENT
- This terms and conditions agreement (the “Agreement”) constitutes a binding agreement between you, as the User, and Play Sense Limited (“us”, “we”) regarding your access and use of the Play Sense website(s), the website currently located at www.playsense.org, as well as any other media form, media channel, mobile website, mobile application or other website related, linked, used by or otherwise connected thereto (collectively, the “Site”).
- You agree that by accessing the Site, you have read, understood, and you agree to the terms of this Agreement. You accept and agree that, should you object to any term in this Agreement, you have the option not to proceed with accessing the Site.
- When you access the Site, you warrant that you have legal capacity and are not a minor in your own jurisdiction and / or the jurisdiction governing this Agreement, alternatively that you have your parents’ or legal guardians’ authorisation, consent and permission to access the Site and to be bound by this Agreement.
- This Agreement is effective immediately upon your accessing the Site.
- We reserve the right to add to, amend, vary, update and / or replace (“Update”) this Agreement at any time, and we will alert you thereto by reflecting the date of the most recent Update. You hereby waive any right to receive any further notification of any Update, and you accept that it is your duty and responsibility to review this Agreement periodically. You will be subject to and will be deemed to have been made aware of and accepted any Update by your continued access to the Site after the date any Update has been made.
- Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout this Agreement when capitalised. The clause headings do not form part of this Agreement and shall not be taken into account in its construction and its interpretation.
- SERVICES PROVIDED
- Play Sense is an evidence based early childhood development (preschool) program delivered via an online portal to teachers and parents. Play Sense offers teacher training in the pedagogy, curriculum and business model, as well as ongoing support in the form of mentorship, administration and training. Play Sense empowers teachers to deliver the highest quality education for the early years, developing a child’s core capacities and preparing them for lifelong education.
- We have the following Programmes available to Teachers:
|Teacher Training Programme||to equip a person intending to subscribe to the Teacher Curriculum Programme with the necessary knowledge to teach the Curriculum under the Teacher Curriculum Programme.|
|Teacher Curriculum Programme||to provide Teachers with the necessary material to teach Students between the ages of 2 and 4 years through a play-orientated curriculum.|
|Teacher Business Support Programme||to provide Teachers subscribed to the Teacher Curriculum Programme with the necessary administrative support to run its school.|
- We have the following Programmes available to Parents:
|Student Online Programme||to provide Parents of children between the ages of 2 and 4 years with access to guided support on the Curriculum from an online Teacher.|
|Teacher Micro-Playschool Programme||to provide children between the ages of 2 and 4 years with access to a Teacher teaching the Curriculum at a home based school (the “Micro-Playschool”) hosted at the Teacher’s home, a venue provided by the Teacher, or another Student’s home.|
|Parent Homeschool Programme||to provide Parents of children between the ages of 2 to 4 years with access to the Curriculum in order to teach their children at home through an age-appropriate, play-orientated programme.|
- We are not a school or online school services provider, but merely provide the material, platform and support services, depending on the Programme subscribed to, to teachers and students to enjoy quality teaching / schooling, whether in a physical school or online.
- LIMITATION OF LIABILITY AND INDEMNITY
- Limitation of liability:
You access and use the Site and the Content at your own risk. We will not be liable for any Loss whatsoever arising in connection with your use of the Site or the Content, an inability to access the Site or the Content, or your reliance on the Content obtained from or transmitted using the Site, to the fullest extent permissible by law, even if we were negligent or aware of the problem in advance.
- Indemnity in case of your breach:
You agree to indemnify and hold us harmless to the fullest extent allowed in law from any claim or demand, including attorneys and advocates’ fees and other legal costs on the highest permitted scale or rate, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
- No warranty on third party content:
We do not make any warranties, representations or undertakings, express or implied, about the Content or about the content of any other website which may be referred to or accessed by hypertext link from the Site, and we do not endorse or approve the content of such third party websites. In particular, and as far as permitted in law, we disclaim all warranties implied by law and we do not make any representations as to the accuracy, suitability, non-infringement, availability, timeliness, security, completeness or reliability of the Content and we shall not be bound in any manner whatsoever by the Content, notwithstanding any errors and omissions.
- No representation on safety of use:
We do not represent that the Site is free of viruses or bugs or anything similar, which may have a harmful effect on any technology, or that the Site is compatible with all computer systems and browsers. Any Content downloaded or otherwise obtained through the access of the Site is thus done at your sole discretion and risk, and you are solely responsible for any damage to your computer / mobile system or loss of data that results from the download of any such material.
- No liability on third party events, services or products:
We do not endorse any events, products or services posted, promoted and/or listed on the Site, and our display of any events, services or products should not be construed as any form of endorsement thereof. All arrangements regarding such events, products and services are to be made directly with the relevant provider and are made at your own risk and we accept no liability regarding any third party event, service or product advertised, supplied or otherwise promoted on the Site.
- No liability for third party software
We may make use of third party software, systems, platforms and services (“Third Party Software”). We accept no responsibility and will not be liable for such Third Party Software in any way and whatsoever, including but not limited to, your inability to access any Third Party Software, any harm or damage caused by Third Party Software, or the Third Party Software being unavailable, whether temporarily, permanently or otherwise.
- No medical advice
Nothing included in any of the Content, including any first aid training, constitutes medical advice and nothing included in the Content should be construed as medical advice. We accept no liability for the use of any of the Content other than for the purpose it was made available by the Company.
- Access to the Site is reserved for natural persons with legal capacity, and over the age of majority in the jurisdiction in which the Site is accessed and in the jurisdiction which law governs this Agreement.
- Certain access and Content on or through the Site are provided free of charge, while other parts of the Site may be restricted to Members based on such Member’s agreement with us.
- Unless otherwise agreed in writing, we grant Users a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Site only for your personal, non-commercial use, and provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content in any other manner or for any other purpose without our prior written permission. All rights not expressly granted in this Agreement are expressly reserved.
- You agree to keep your Membership details, and in particular your password, confidential. You have the sole responsibility for all the use and access of the Site through your Membership and / or electronic devices.
- We reserve the right at all times, and without any obligation to provide a reason, to refuse access to the Site or the Content to any person, discontinue access to the Site or the Content at any time, in general or to any specific persons, and to amend, vary or substantially replace the Site or the Content, and / or to terminate the Site or any part of it without prior notice. Any amendment, variation or replacement of the Site or the Content will also be subject to this Agreement.
- Membership Requirement:
In order to access the part of our Site which is restricted for access by Members, you will have to subscribe to a Programme and provide an accepted payment method. Should we not receive timeous payment, you will not have access to the restricted Content. Unless you cancel or pause your Membership in accordance with your agreement with us, you authorise us to charge the applicable subscription fee for the next billing cycle.
- Membership fees:
The Membership and / or subscription fees and billing cycle options are either displayed on our Site or will be provided upon application to a particular Programme. Fees may be changed at any time without notice, and the Programme fees displayed may vary between different Programmes and in different geographical regions. Any changes to existing Members’ fees will be communicated at least one month prior to your next billing cycle. We may choose to offer combined offers on any Programme from time to time with alternative billing options and fees for such combined offers. We reserve the right at all times to change our billing options and fees.
- Members’ access:
Members are prohibited from accessing the Site and Program other than as intended in terms of this Agreement, and any abuse or attempted circumvention of the restrictions of access may result in the immediate termination of your Membership and elected Programme, without any refund.
- Free trial:
Your Membership may start with a free trial, subject to our sole discretion. The duration of the free trial period will be specified during registration and is intended to allow new Members to try a Programme. In order to continue with a Programme after a free trial period, the Member must contact Play Sense, in writing, to confirm their ongoing subscription to the Programme with proof of payment of the Play Sense subscription fee as per the billing instructions provided. Only one free trial per person per Programme is allowed.
- Termination of Membership:
You may cancel your Membership as stipulated in the Programme agreement when subscribing to a specific Programme. Each Programme’s termination provisions may differ. Upon termination of any subscription to a Programme or Membership, the Company shall have no obligation to retain any records pertaining to such subscription or Membership.
- Refunds & Credit:
Payments are non-refundable.
- Billing cycle / period:
The length of your billing cycle or billing period will depend on the type of Programme you have subscribed to, and the date on which your subscription commenced. In general, you can expect the payment date for your billing cycle to be 3 – 10 business days prior to the start of the next billing period.
- Where any person has an existing agreement with Play Sense (Pty) Ltd, a company registered in accordance with the laws of South Africa with registration number 2015/441814/07 (the “Pre-Existing Agreement”), and there is any conflict, ambiguity or discrepancy between the provisions of this Agreement and the Pre-Existing Agreement, the provisions of the Pre-Existing Agreement shall prevail.
- NOTIFICATION AND PERMISSIONS GRANTED
- You accept that the Site, in particular our mobile website or app, may need certain permissions from you in order to function as designed by us, and that if you do not provide these permissions, it is likely that the Site will not function as designed, and / or that your use of and access to the Site and the Content may be limited, restricted, or denied.
- You accept that from time to time we may need to amend, adjust, or extend the permissions needed for the Site and Content to function as designed. We accept no liability for any loss to you or a third party if you can no longer access or use the Site in the same manner as before if you do not grant the necessary adjusted permissions.
- PROTECTION OF OUR COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARKS
- The Site and the Content is our property. All right to, title to, and interest in the Content, the Site and the Content’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and any URLs, are our property, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
- Subject to any other written agreement with us, no part of this Site (including its source HTML code) or the Content may be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site or the Content in accordance with your written agreement with us. Framing of the content on the Site without our prior written consent is expressly prohibited. You agree to use your best endeavours to protect our rights to, title to and interest in the Site and the Content.
- If you submit any content to our website, you grant us an irrevocable, perpetual, worldwide and royalty-free license to use, compile, display, publish, publicly perform, reproduce, distribute, broadcast, lease, adapt, modify and promote such content in any manner or form, which license will survive termination of any contractual arrangement between Us.
You hereby warrant that –
- all information you submit to us is true, accurate, current and complete;
- you will maintain the accuracy of such information and promptly update such information as necessary;
- you will use the Site and the Content only for legal and authorised purpose;
- your use of the Site or the Content will not violate any applicable law or regulation;
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and
- you are not listed on any U.S. government list of prohibited or restricted parties.
- PROHIBITIONS ON USE
Unless you have our prior written specific permission, you may not –
- use the Site or the Content for any purpose other than that for which we make the Site and the Content available;
- sell or transfer your Membership;
- use the Site or Content in a manner that would bring us into disrepute;
- access the Site or Content through automated or non-human means;
- systematically retrieve data or other content from the Site or the Content to create, compile, directly or indirectly a collection, compilation, database or directory, without our prior written permission;
- make any unauthorised use of the Site or the Content, including collection of usernames and / or email addresses of Users by electronic or other means for the purpose of sending unsolicited correspondence, or creating Membership accounts by automated means or under false pretences;
- use the Site or the Content to advertise or offer to sell goods or services;
- do or try to do anything to circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use or access of the Site and the Content;
- do anything to trick, defraud, or mislead other Users or us, or to impersonate, harass, abuse, harm, intimidate or threaten another person;
- use the Site or the Content as part of any effort to compete with us or otherwise use the Site or the Content for any revenue-generating enterprise other than as agreed with us in writing;
- attempt to use or access our property by attempting to decipher, decompile, disassemble, reverse engineer, copy or adapt any of the software comprising or in any way making up a part of the Site or the Content;
- upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
- Breach by a User of any provision contained in this Agreement or in any of the Programme specific terms and conditions you have agreed to shall constitute a material breach.
- In the event of a material breach by any User, we shall be entitled forthwith and without any notice to you to deny access to the Site and the Content, cancel any Membership and any subscription to any Programme, and in addition, we shall be entitled at our sole discretion to ban you from our Site, our Programmes, and any affiliated service for such a time as we shall determine at our sole discretion.
- We shall be entitled, in additional to any and all other remedies available to us by law, to claim from you any and all Loss or damages, including but not limited to opportunity cost, loss of future income and reputational damage, arising from your breach or your violation of any law or the rights of any third party.
- You agree to indemnify and hold us harmless from any Loss, claim or demand, including attorneys and advocates’ fees and other legal costs on the highest scale or rate allowed, made by any third party due to or arising out of your material breach or your violation of any law or the rights of a third party.
- We may provide space for discussion between Users on our Site (including but not limited to our ‘forums’ and our social media pages).
- You are responsible for anything which you submit or post on our Site, and you will be solely liable for any Loss arising therefrom. All content posted on or through our Site must comply with all applicable laws, regulations, this Agreement, the Site’s terms and conditions, and general best practice.
- We do not control or screen the content of what is posted to, from or via the Site by Users or third parties. Accordingly, we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received from any User or thirty party.
- You are not permitted to transmit to, from or via or post on the Site anything that you do not have a clear right to use. You must ensure that you do not transmit or post, intentionally or inadvertently, on the Site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
- We reserve the right, in our sole and absolute discretion, and without notice, to remove any material, including any username, you have submitted to the Site and/or to suspend and/or terminate your Membership, subscription to a Programme, access and/or use of any or all of the services and/or the Site at any time without notice.
- We may record, preserve and disclose anything which has been transmitted to, from or via or posted on the Site, where required by law or where we are acting in good faith.
- GOVERNING LAW
- This Agreement shall be governed and construed in accordance with the laws of the Bailiwick of Jersey and you hereby irrevocably submit to the non-exclusive jurisdiction of the Jersey courts in connection with this Agreement.
- You hereby irrevocably and unconditionally waive any (i) objection which you may have now or at any time to the commencement of any proceedings in any such court as is referred to in clause 12; and (ii) claim that any such proceedings have been commenced in an inconvenient forum.
- You hereby unconditionally agree that a judgment in any proceedings brought in any such court as is referred to in clause 12 shall be conclusive and binding upon you and may be enforced in the court of any other jurisdiction.
- You agree to use this Site and the Content in accordance with this Agreement, and all laws, regulations and codes of conduct (including self-regulatory) applicable to you and your use of the Internet, the Content, any Programme, and the services provided to you on the Site. In particular, you agree to use the Site and the Content only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of the Site or the Content by any third party.
- The Site or the Content is not intended for use or access by any person in any jurisdiction where such use or access would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- COMPLAINTS PROCEDURE
- All complaints, questions and feedback can be directed to [email protected].
- In this Agreement –
- clause headings are for convenience only and are not to be used in its interpretation;
- an expression which denotes any gender includes the other genders, a natural person includes a juristic person and vice versa; and the singular includes the plural and vice versa;
- Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the Agreement;
- Any reference to “us” / “we” / “our” or similar term refers to and includes Play Sense Limited (registration number 131593) registered in Jersey (with registered address at 1st Floor, Tower House, La Route es Nouaux, St Helier, Jersey, JE2 4ZJ), our parent company, subsidiaries, officers and employees, owners, affiliates, directors, agents, suppliers, internet service providers and our business; and
- Any reference to “access” includes the use of or access in any manner to the Site or the Content.
- In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them –
- “Affiliate” means any company affiliated with the Company, and specifically includes Play Sense (Pty) Ltd, a company registered in accordance with the laws of South Africa with registration number 2015/441814/07;
- “Agreement” means the terms and conditions of use of the Site, any document which forms part of the terms and conditions of use, and any written agreement with the Company.
- “Business day” means a day (other than a Saturday or a Sunday or a public holiday) on which banks are open for normal business in Jersey;
- “Company” refers to and includes Play Sense Limited (registration number 131593) registered in Jersey (with registered address at 1st Floor, Tower House, La Route es Nouaux, St Helier, Jersey, JE2 4ZJ), our parent company, subsidiaries, officers and employees, owners, affiliates, directors, agents, suppliers, internet service providers and our business;
- “Content” means any information, data, the Curriculum, Programme, Programme content, text, software, sound, photographs, graphics, video, messages, comments, ideas, feedback, suggestions and the tags contained on the Site or accessed through the Site;
- “Curriculum” means the play-orientated curriculum aimed at children between the ages of 2 and 4 years used by the Company;
- “Loss” includes any claims, demands, damage, or loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in statute, contract, delict (including negligence and gross negligence) or otherwise;
- “Member” means any person subscribed to a Programme, regardless of whether that Programme subscription is paused, any person whose application for subscription to a Programme is pending, and any person making use of a free trial to try a Programme;
- “Membership” means being a Member;
- “Membership Fee” means the cost of subscribing to any Programme, as may be applicable from time to time;
- “Parent” means the legal guardian or other person responsible for the primary care of a child;
- “Programme” means any of the programmes provided by the Company, including but not limited to the Teacher Training Programme, Teacher Curriculum Programme, Teacher Business Support Programme, Student Online Programme, Teacher Micro-Playschool Programme and the Parent Homeschool Programme;
- “Student” means any child whose Parent is subscribed to a Student Programme, and, where reference is made to a Student performing a legal action, shall mean the Student’s Parent;
- “Student Programme” means any Programme available to Students or Parents;
- “Teacher” means any person subscribed to the Teacher Curriculum Programme;
- “User” means any person accessing the Site or the Content, including any Member, advertiser, subscriber, blogger, contributor or other person accessing the Site; and
- “You” or “you” means a User.
- In this Agreement –