TERMS OF USE – PLAY IT SAFE

Date of last revision: March 20, 2018.

Please read these terms of use (the “Terms of Use”) carefully before using www.playitsafe.eu (the “Website”) and the online platform (the “Platform”) (together, the “Products”), operated by Greygin, a private limited liability company incorporated under the laws of Belgium, with registered office at Luipaardstraat 12A, 8500 Kortrijk, Belgium, registered with the Crossroads Bank for Enterprises under number 0671.574.550 (“Greygin”).

By clicking the “I agree” button, you acknowledge and agree that your use of the Products is exclusively governed by these Terms of Use. If you do not agree to any provisions of these Terms of Use, you may not use in any manner the Products, nor shall you be entitled to derive any rights therefrom.

These Terms of Use describe the terms and conditions under which users (“Users”) can use the Products.

We reserve the right at any time, and from time to time, with or without cause to unilaterally amend these Terms of Use. Any such amendments or changes made will be effective immediately upon us making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Products after such changes constitutes your acceptance of such changes.


 

1. Description of the Products

Greygin develops 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.

2. Eligibility

By accessing and using the Producs, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.

3. No right of withdrawal

By clicking the “I agree” button, you explicitly acknowledge that you have access to the Products as set forth in these Terms of Use. As a consequence thereof, you acknowledge and agree that you lose your right to withdraw once the performance of the delivery of the Products by Greygin has started.

4. Use of the Products

During the Term, Greygin may, in its sole discretion, provide you with updates of the Products.
For the avoidance of doubt, Greygin is not obligated to provide any updates to the Products.

5. Term and Termination

These Terms of Use will remain in full force and effect while you use the Products.

Termination for breach – Greygin may terminate with immediate effect your right to access and use of the Products if (i) Greygin believes or has reasonable grounds to suspect that you are violating these Terms of Use or any other guidelines or policies (including but not limited to the Privacy Policy) issued by Greygin.

Effects of termination – Upon the termination of your right to use the Products for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the Products; (ii) Greygin may delete data associated with your use of the Products, including but not limited to user content (iii) all rights and obligations of the Greygin or User under these Terms of Use shall terminate.

6. Account security

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 Greygin of any disclosure or unauthorized use of your username or password or any other breach of security at support@playitsafe.eu and ensure that you log out from your account at the end of each session.

7. Intellectual Property Rights

7.1

All intellectual property rights related to the content and Products we make available to you through our Website shall be exclusively owned by Greygin. You shall be granted a worldwide, non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the Products in accordance with these Terms of Use (the “License”). You are not allowed to use the Website or your account for any commercial purposes or to use the Website or your account in a manner not authorised by Greygin. You shall use the Website and your account solely in full compliance with (i) these Terms of Use; (ii) any additional instructions or policies issued by Greygin, including, but not limited to, those posted within the Website and (iii) any applicable legislation, rules or regulations.

7.2

You agree to use the Website and your account only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to (i) gain unauthorized access to accounts of other Users; (ii) use the Website or your account to conduct or promote any illegal activities; (iii) use the Website or your account to generate unsolicited email advertisements or spam; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (v) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the Website; (vi) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use your account for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (vii) remove or in any manner circumvent any technical or other protective measures on the Website.

7.3

All information, data, texts and images uploaded on the Website or your account, including personal data (“Data”) remain the exclusive property of the User. You grant Greygin a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to use, copy, store, modify, transmit and display such Data to the extent necessary to provide and maintain the Website and execute the Products in accordance with the conditions of the Terms of Use and privacy policy.

7.4

Greygin reserves the right, but is not obliged, without the approval or permission of the User and at any time, to review and remove any Data which is deemed to be in violation with the provisions of the Terms of Use, privacy policy, any rights of third parties or any applicable legislation or regulation.

8. Suspension for breach

If Greygin becomes aware of or suspects, in its sole discretion, any violation by you of these Terms of Use, or any other instructions, guidelines or policies issued by Greygin, then Greygin may suspend or limit your access to your account. Greygin may decide at its sole discretion to remove such suspension or limitation of access after you have cured the breach which caused such suspension or limitation.

9. Liability Greygin

9.1

To the maximum extent permitted under applicable law, Greygin liability arising out of or in connection with the Products under these Terms of Use whether in contract, warranty, tort or otherwise, shall not exceed the amount of EUR 1,000. Nothing in these Terms of Use shall limit or exclude Greygin liability for (i) gross negligence; (ii) willful misconduct, (iii) fraud or personal injury.

9.2

To the extent legally permitted under applicable law, Greygin shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production, or procurement of substitute services, or property damage arising out of or in connection with the Products, including but not limited to the use, misuse, or inability to use the Products, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if Greygin has been notified of the likelihood of such damages.

9.3

You agree that Greygin can only be held liable as per the terms of this article to the extent damages suffered by you are directly attributable to Greygin. For the avoidance of doubt, Greygin shall not be liable for any claims resulting from (i) your unauthorized use of the Products, (ii) your or any third party’s modification of (any parts) of the Products, (iii) your failure to use the most recent version of the Products made available to you or your failure to integrate or install any corrections to the Products issued by Greygin, or (iv) your use of the Products in combination with any non-Greygin Products.

9.4

You acknowledge and agree that neither Greygin nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the Products, whether caused by users or any of the equipment or programming associated with or utilized in the Products; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any user content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Products.

9.5

The exclusions and limitations of liability under this article shall operate to the benefit of Greygin affiliates and subcontractors to the same extent such provisions operate to the benefit of Greygin.

10. Warranties and disclaimers

10.1

Greygin does not make any, whether explicit or implicit, warranties regarding the availability of the Website and the Products.

10.2

Use of the Website and the Products is at your risk only, and everything provided on the Website is provided “as is”. Greygin makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the Website and the Products or any other products or services provided to the User by Greygin. Greygin does not warrant that all errors can be corrected, or that access to or operation of the Website or Products shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that Greygin is not responsible and cannot be held liable for any losses of your Data.

10.3

You represent and warrant to Greygin 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 Greygin’s system or data; or (iv) otherwise violate the rights of a third party. The User acknowledges and agrees that Greygin is not obligated to back up any information stored on your account. You agree that any use of the Website, the Products 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 Products for which Greygin cannot be held liable.

11. Third Parties

In the event the Products use services of third parties, the terms of service and/or privacy policies of those third parties may apply. You shall be notified if and when such third party terms of services and/or privacy policies are applicable. By accessing such third party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. Greygin cannot be held liable in any way with regard to the content of such third parties’ terms or privacy policy, nor for the compliance thereof.

12. Privacy statement

Greygin recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal data in a private and secure environment. Please note that Greygin has to be considered as a “Data Controller”, as defined under the applicable data protection legislation, in the context of the processing of any of your personal data via the Platform. Greygin shall collect and process all personal data relating to you in accordance with the documented instructions and purposes as set forth in its privacy policy, which can be found on the Website.

13. Miscellaneous

13.1

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. The courts and tribunals of Kortrijk shall have sole jurisdiction should any dispute arise relating to these Terms of Use.

13.2

Questions, comments and requests regarding these Terms of Use should be addressed to Greygin, Luipaardstraat 12A, B-8500 Kortrijk, or support@playitsafe.eu

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