Played Terms & Conditions
Played Limited "Played", is a company registered in England and Wales number 10271265, whose registered office is The House of Sport, 190 Great Dover Street, London, SE1 4YB, provides its services subject to the following terms and conditions ("Ts & Cs"), which govern your licensing and use of Played's services.
You accept these Ts & Cs by ticking a box before signing up for an account with Played and using the Played platform. If you disagree with these Ts & Cs or any part of these Ts & Cs, you must not use Played's website or services.
You warrant and represent to Played that you contract with Played under these Ts & Cs exclusively in the course of business and not as a consumer. You must be at least 18 years old to use Played's website. By using Played's website or agreeing to these Ts & Cs, you warrant and represent to Played that you are at least 18 years old.
If you are entering into these Ts & Cs on behalf of a company or other legal entity, you warrant and represent that you have the authority to bind such entity to these Ts & Cs. If you do not have such authority, you must not accept these Ts & Cs and may not use the services.
- "Account Settings" are pages within your account via which you can purchase Enterprise Services and transfer to different subscription plans.
- "Played Website" means Played's website found at https://played.co/
- "Business Day" means a day (other than a Saturday or Sunday) on which clearing banks are open for business in the City of London.
- "Commencement Date" means the date on which you agree to these Ts & Cs.
- "Confidential Information" means all information of a confidential nature received or obtained as a result of entering into or performing these Ts & Cs which relates to the provisions or subject matter of these Ts & Cs or the other Party.
- "Customer Personal Data" means any Personal Data that is processed by Played on your behalf in relation to these Ts & Cs.
- "Data Protection Laws" means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Customer Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679).
- "Classic Mode" means a subscription, details and cost of which are set out on the Played Website.
- "Enterprise Services" means paid services that you purchase using the Account Settings, or directly with Played as distinguished from those provided pursuant to a Professional Plan.
- "Services" means any services that Played provides to you under these Ts & Cs, details of which are set out on the Played Website.
- "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights.
- "Party" and "Parties" means you or Played, or you and Played as the context requires.
- "Personal Data" has the meaning given to it in the Data Protection Laws applicable in the United Kingdom from time to time.
- "Ts & Cs" means these terms and conditions as amended from time to time in accordance with Clause 13.7.
- "Played," "Us" or "Our" means Played Limited, a company registered in England and Wales number 10271265 whose registered office is 16A Heyworth Road, London, England, E5 8DR.
- "You" or "Your" means an individual, company or other legal entity which enters into these Ts & Cs with Played.
- "Your Data" means electronic data and information submitted by you to the Services or collected and processed by you using the Services.
2. Payment models
Played offers three payment models:
- Classic Mode: £0 license fee with a 3% platform fee on payments that are processed through the platform. There is also an additional Stripe processing fee of 1.4% + 25p.
- Enterprise: License fees and transaction fees are negotiable based on requirements.
'Enterprise' licenses are purchased as annual subscriptions. At the end of each subscription period, the subscription will automatically renew for another period of the corresponding length to the previous one unless (a) you have downgraded your subscription to 'Classic Mode', or (b) these Ts & Cs have been terminated in accordance with Clause 10.
Subject to your compliance with these Ts & Cs at all times, Played hereby grants you a non-exclusive, non-transferrable license to use the Services for your own internal business purposes.
Our cancellation and refund policy;
We understand that plans can change, and we strive to make our cancellation and refund process as clear and fair as possible. This policy outlines the terms under which cancellations and refunds are processed on our platform.
1. Cancellation Windows Set by Providers
- Provider Discretion: Each provider on Played can set their own cancellation window. This is the period before a booked activity within which customers can cancel and receive a full refund (minus any non-refundable fees).
- Provider-Specified Windows: The specific cancellation window for each activity will be clearly stated at the time of booking and in the booking confirmation.
- Refunds Within Cancellation Window: If a customer cancels within the provider's specified cancellation window, they will receive a full refund minus Stripe's processing fees (1.5% + 20p). Please refer to Stripe’s refund policy here
- Outside Cancellation Window: If a booking is cancelled outside of this window, the customer will not automatically receive a refund. However, providers have the discretion to issue refunds on a case-by-case basis through the Played portal.
3. Processing Time and Fees
- Processing Time: Refunds are typically processed within 5-10 business days from the date of cancellation.
- Stripe Processing Fees: Stripe's processing fees are generally non-refundable. In case of a refund, the amount returned will be the original payment minus these fees.
4. Exceptional Circumstances
- Refusal to Process Refund: In rare cases, if Stripe cannot process a refund due to financial risks or policy restrictions, Played will coordinate with the provider to facilitate the refund process.
- Extended Processing Time: Please allow 10-14 business days for the processing of such refunds.
5. Customer Support
- Assistance Needed: For any questions, concerns, or assistance with your booking or refund, please contact our customer support team at [Contact Information].
- Feedback and Complaints: We value your feedback. If you have any complaints or suggestions, please let us know.
6. Policy Updates
- Changes and Notifications: This policy is subject to change. We will notify customers of any significant changes through our website or via email.
- Policy Acceptance: By making a booking on Played, customers agree to the terms outlined in this Refund and Cancellation Policy.
3. Played's responsibilities
1.1 Played will provide the Services to you in accordance with these Ts & Cs.
1.2 Played will provide support to you as set out in Clause 3.3 at no additional charge.
1.3 Played will use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except in the case of:
(a) any planned downtime (for which Played shall endeavour to give at least 8 hours electronic notice and which Played shall schedule to the extent practicable during periods of low demand); or
(b) any unavailability caused by circumstances beyond Played's reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, act of war, strike or other labour problem (other than a labour issue or strike involving Played's employees), power outage, network failure, Internet service provider failure or delay, or malicious code, malware, attack, bugs, viruses, trojans or similar.
1.4 Access to the Services will be provided to you by Played supplying you with a user identification and password.
2.1 Played will provide first line support for Enterprise Services which includes email support.
2.2 The in-website (www.played.co) chat will be only available during Business Days between 9:00 a.m. and 5.30 p.m. GMT.
2.3 For any support enquiries submitted by email, Played will use its reasonable efforts to respond within one (1) Business Day.
- DATA PROTECTION
3.1 Played will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data.
3.2 Those safeguards will include, but will not be limited to, measures for preventing access, use, modification, or disclosure of Your Data by Played's personnel except:
(a) to provide the Services and prevent or address service or technical problems;
(b) as required by law; or
(c) as you expressly permit in writing.
3. Your responsibilities
(a) Use commercially reasonable efforts to restrict use of the Services to you only and prevent unauthorized access to the Services by any third parties, and notify Played immediately upon you becoming aware of any such unauthorized access or use;
(b) Be responsible for the accuracy, quality, and legality of your data and the means by which you acquire your data;
(c) Manage and monitor your data at all times and use commercially reasonable efforts to ensure the use of the Services is in accordance with any applicable laws and government regulations;
(d) Notify Played immediately on becoming aware of any malpractice with respect to the Services or your data and facilitate or expedite any action required by you or Played to appropriately address such malpractice;
(e) Be solely responsible for ensuring that the email address you provide to Played for correspondence is up-to-date and effective for correspondence between you and Played;
(f) Be solely responsible for familiarizing yourself with the functionality of the Services and for your use of the Services, including but not limited to customizing your account, setting up event prices, promotions, and discounts; and
(g) Be solely responsible for ensuring that the information you provide to Played in relation to your subscription payment method is up to date and valid.
4. Usage restrictions
You shall not:
(a) Make the Services available to, or use the Services for the benefit of, anyone other than you;
(b) Sell, resell, license, sublicense, distribute, rent, lease, or lend the Services, or include the Services in any service bureau, white labeling, or outsourcing offering;
(c) Use the Services to store, upload, distribute, or transmit any infringing, libelous, defamatory, obscene, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
(d) Use the Services to store or transmit any malicious code, malware, attack, bugs, viruses, Trojans, or similar;
(e) In any way interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein;
(f) Attempt to gain unauthorized access to the Services or its related systems or networks;
(g) Copy the Services or any part, feature, function, or user interface thereof;
(h) Use the Services in any way that causes, or may cause, damage to the Services or Played's platform;
(i) Use the Services in any way that is unlawful, illegal, fraudulent, or harmful or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(j) Use the Services to in any way bring Played into disrepute;
(k) Access or use the Services in order to provide a product or service that is in any way competitive with Played's Services;
(l) Reverse engineer, decompile, manipulate or access any source code or object code related to the Services (to the extent such restriction is permitted by law);
(m) Use the Services to generate and transmit spam or unethical or unwanted content or content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
(n) Use the Services to collect data from your clients that is beyond what is required for the running of the services you offer.
- You acknowledge that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of these Ts & Cs, Played gives no warranty or representation that the Services will be wholly free from defects, errors and bugs.
- You acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Ts & Cs, Played gives no warranty or representation that the Services will be entirely secure.
- Played shall have no responsibility for any third party added applications such as online payment services.
- Played shall not be liable for any booking refunds, losses or damages which Your clients may be issuing against You, irrespective of whether the cause of the refunds, losses or damages was human error or an error in misuse of the Services.
- Played may, at its sole discretion, refuse or remove from the Services any content that in its opinion violates these Ts & Cs or is in any way harmful or objectionable and will have no obligation to provide a refund of any amounts previously paid.
You and Played agree to keep confidential all Confidential Information received or obtained as a result of entering into or performing these Ts & Cs which relates to the provisions or subject matter of these Ts & Cs or the other Party. This obligation shall not apply to any information that is in the public domain (other than as a result of a breach of this clause), or which a Party is required to disclose by law or any regulatory authority, provided that the Party required to disclose gives the other Party as much notice of such disclosure as possible and takes all reasonable steps to ensure the information disclosed is treated confidentially.
7. Data protection
- Played acknowledges and agrees it is a processor in relation to the Customer Personal Data.
- Each Party shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
- You warrant to Played that you have the legal right to disclose all Personal Data that you do in fact disclose to Played under or in connection with these Ts & Cs.
- You shall only supply to Played, and Played shall only process, in each case under or in relation to these Tc & Cs:
- the Personal Data of data subjects falling within the categories specified in Part 1 of Schedule 1 (Data processing information) (or such other categories as may be agreed by the Parties in writing); and
- Personal Data of the types specified in Part 2 of Schedule 1 (Data processing information) (or such other types as may be agreed by the Parties in writing).
- Played shall only process the Customer Personal Data for the purposes specified in Part 3 of Schedule 1 (Data processing information).
- Played shall only process the Customer Personal Data during the Term and for not more than 4 Business Days following the end of the Term, subject to the other provisions of this Clause 8.
- Played shall only process the Customer Personal Data on Your documented instructions (including with regard to transfers of the Customer Personal Data to any place outside the European Economic Area), as set out in these Ts & Cs or any other document agreed by the Parties in writing.
- Played may transfer the Customer Personal Data to its sub-processors in the jurisdictions identified in Part 5 of Schedule 1 (Data processing information), providing that such transfers must be protected by any appropriate safeguards identified therein; and
- Played may transfer the Customer Personal Data to a country, a territory or sector to the extent that the European Commission has decided that the country, territory or sector ensures an adequate level of protection for Personal Data.
- Played shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- You and Played shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data.
- Played must not engage any third party to process the Customer Personal Data without Your prior specific or general written authorisation.
- Played shall allow for and contribute to audits, including inspections, conducted by the You or another auditor mandated by You in respect of the compliance of the Played’s processing of Customer Personal Data with the Data Protection Laws and this Clause 8.
- If any changes or prospective changes to the Data Protection Laws result or will result in one or both Parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under these Ts & Cs, then the Parties shall use their best endeavours promptly to agree such variations to these Ts & Cs as may be necessary to remedy such non-compliance.
- Information about your sessions, courses and/or facilities that is already available publicly will be published as open data in compliance with OpenActive standards for anyone to access, use and share, licensed under the Creative Commons Attribution Licence (cc-by) version 4.
- This will help more people find your sessions, courses and/or facilities, and will not incur any additional cost to you.
- You may opt-out of this free service in the OpenActive page of the application.
8. Intellectual property rights
You acknowledge and agree that Played and/or its licensors own all Intellectual Property Rights in the Services, including any enhancements or modifications to the Services made at your request. No right or license is granted to you except as expressly set forth in these Ts & Cs.
The Services are provided on an "as is" basis, and Played does not warrant that the Services will meet your requirements or that the Services will be uninterrupted or error-free.
These Ts & Cs shall continue in force until terminated in accordance with their terms. Either Party may terminate these Ts & Cs by giving the other Party written notice if the other Party has committed a material breach of these Ts & Cs and has failed to remedy the breach within 30 Business Days of receiving notice of the breach. In the event of termination, any fees already paid to Played are non-refundable.
11. Limitation of liability
To the maximum extent permitted by law, Played shall not be liable for any indirect, consequential or special loss or damage or loss of profits, data, revenue, goodwill or anticipated savings suffered or incurred by you arising from or in connection with these Ts & Cs or the provision of the Services.
12. Governing Law
These Ts & Cs shall be governed by and construed in accordance with English law, and the Parties hereby submit to the exclusive jurisdiction of the English courts.
13. Changes to the terms and conditions
Played reserves the right to modify these Ts & Cs at any time. Any changes will be posted on the Played Website and will be effective immediately upon posting. Your continued use of the Services after such changes are posted will be deemed acceptance of the changes.
Data processing information
- Categories of data subject The data subjects whose Personal Data may be processed are Your clients who will use Played Website to book their events and update information about themselves.
- Types of Personal Data The types of Personal Data which will be processed are as follows: email address, name, phone number, business address and company number, IP and browser information.
- Purposes of processing Played may process the Personal Data to provide the Services under these Ts & Cs.
- Sub-processors of Personal Data
- The authorised sub-processors of Personal Data are as follows: