1. THESE TERMS OF USE

1.1 These terms (the Terms of Use) form a binding legal agreement between you and Play Services Ireland Ltd, a company incorporated in Northern Ireland with company number: NI601797 and with registered office at 724 Lisburn Enterprise Centre 6 Enterprise Crescent, Ballinderry Road, Lisburn, Northern Ireland, BT28 2BP (we, us, our). The Terms of Use explain how you may use our inspections app and management system (Small World Inspections).

1.2 When these Terms of Use refer to you, we’re referring to the person or entity who accesses and uses Small World Inspections.

2. ACCEPTING THESE TERMS OF USE

2.1 You’ll be deemed to have accepted the current Terms of Use whenever you use Small World Inspections. That means that if you don’t want to accept the Terms of Use, you may not use Small World Inspections.

2.2 We may change or add additional terms to these Terms of Use if we alter the existing services we provide, if we add new services to Small World Inspections or if we need to for security, regulatory or legal reasons. Where the changes are significant we may also choose to email our registered users with the new details.

2.3 To be eligible to use Small World Inspections you must be 16 years of age or older. You must not use Small World Inspections if you are younger than 16 years old.

3. GOOGLE MAPS

Google Terms of Use

3.1 Small World Inspections includes a third party map function to assist users to locate site inspections. To achieve this, ‘Google Maps’ features and content have been embedded into Small World Inspections. We have done this to make the user experience as seamless as possible, but we want you to be really clear that it is a third party service which means that if you use it, such use will be at your own risk and your use will also be subject to additional provisions set out in Google Maps’ terms of service (whichever version is applicable on the date of your use (Google TOU). More information relating to the Google TOU may be accessed via this link: https://maps.google.com/help/terms_maps.html. If you do decide to use Google Maps, you will be deemed to have accepted the Google TOU.

3.2 You agree to comply with the Google TOU. You also agree that in respect of Google Maps (and/or any part thereof) you will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer, or distribute Google Maps (and/or any part thereof); (c) sell, resell, sublicense, transfer, or distribute Google Maps (and/or any part thereof); or (d) access or use Google Maps (and/or any part thereof): (i) for High Risk Activities; (ii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (iii) in a manner that breaches, or causes the breach of, Export Control Laws; or (iv) to transmit, store, or process health information subject to United States HIPAA regulations.

Google’s Use of Personal Data

3.3 The other really important point is that you understand that if you use Google Maps, any data which you provide (such as search terms) or which is automatically collected by Google (such as IP address and location data assessed by latitude/longitude co-ordinates collected from your device whether by cookies or otherwise) will be used by Google (as an independent controller) in accordance with Google’s then current privacy notice (Google Privacy Notice). As well as providing you with the map functionality, any such data may also be used by Google and its affiliates to help them provide and improve their products and services generally. More information about Google’s privacy notice may be accessed via this link: https://www.google.com/policies/privacy/.

3.4 By using Google Maps, you are indicating that you have read and agree to data relating to you being used in accordance with the Google Privacy Notice. If you do not agree to this, you must not use Google Maps.

3.5 Since Google is operating as an independent controller, Google is responsible for deciding how it uses data relating to you (and is not bound by our privacy notice). We hereby exclude to the fullest amount permitted at law any liability for the acts and/or omissions of Google (and/or its affiliates).

3.6 Any reference in these terms to Google is a reference to Google, Inc, Google Ireland Limited, or whichever entity is responsible for providing Google Maps from time to time.

4. USER ACCOUNT

4.1 In order to access Small World Inspections, you will be required to set up a user account. You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with your user account. Accordingly, you agree that you are solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein to which they attest.

4.2 If you become aware of any unauthorised use of your password or your user account you agree to notify us immediately at: info@smallworldinspections.com.

5. YOUR USE OF SMALL WORLD INSPECTIONS

5.1 In consideration for you agreeing fully to comply with and be bound by these Terms of Use, we hereby grant you a non-exclusive, non-assignable, non-transferrable, non-sub-licensable licence to use Small World Inspections solely and strictly for the purpose of: managing routine, operational, annual and post installation inspections of outdoor and indoor playgrounds, indoor soft play areas, multi-use games areas, skateparks, parkour and outdoor gym equipment, and/or creating maintenance or pricing reports and risk assessments (any such use, a Permitted Purpose).

5.2 You agree that you won’t at any point:

5.2.1 use Small World Inspections for any reason other than the Permitted Purpose;

5.2.2 use Small World Inspections for any purposes which are or could be deemed to be threatening, aggressive or to facilitate any illegal acts;

5.2.3 use Small World Inspections for any unlawful purpose, including (but not limited to) to breach the rights of anyone else;

5.2.4 access or copy (or attempt to access or copy) any part of Small World Inspections by any means other than through the interface provided by us;

5.2.5 access (or attempt to access) any part of Small World Inspections through any automated means, including without limitation use of scripts, robots, spiders, scrapers or web crawlers, for any purpose;

5.2.6 take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

5.2.7 copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part or component of Small World Inspections without prior written consent from us and any third party determined by us as appropriate;

5.2.8 interfere or attempt to interfere with the proper working of Small World Inspections or any activities conducted via Small World Inspections;

5.2.9 bypass any measures we may use to prevent or restrict access to Small World Inspections;

5.2.10 attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code, algorithm or other intellectual property right in Small World Inspections; and/or

5.2.11 engage in any activity that interferes with or disrupts Small World Inspections or the servers and networks which are connected to Small World Inspections.

5.3 You acknowledge and agree that we may monitor your use of Small World Inspections. Where, in our sole opinion, we suspect misuse by you of Small World Inspections has occurred, we reserve all our rights to terminate the provision of Small World Inspections to you.

5.4 Whilst we try to maintain the high standard and continuity of supply of Small World Inspections, you accept and acknowledge that the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate Small World Inspections (or any particular part of it) or to provide the service offered on Small World Inspections, or for any third party application forming part of, working alongside or accessed via Small World Inspections. It is your responsibility to ensure that you have access to any information required by you to manage and complete any relevant inspection requirements.

6. USER CONTENT

6.1 As part of your use of Small World Inspections, it is likely that you and other users will upload, publish and/or share content from time to time (any such content, User Content). In respect of any such content uploaded, published or shared by you on to or using Small World Inspections, you acknowledge and agree that you are solely responsible for any content uploaded, published and/or shared by you on to or using Small World Inspections and you shall ensure that:

6.1.1 all such information is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory, derogatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark or other intellectual property rights of any person in any jurisdiction;

6.1.2 you do not upload any images or content which is not strictly required for the Permitted Purpose;

6.1.3 you do not upload any images from which a third party can be identified;

6.1.4 all such information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to Small World Inspections.

6.2 By adding, uploading, sharing and/or otherwise publishing any content on to or using Small World Inspections you warrant to us that:

6.2.1 any such content complies with the restrictions set out in clause 6.1 above; and

6.2.2 you have the lawful right to upload, reproduce and distribute such information.

6.3 We reserve the right to remove any information supplied by you from Small World Inspections at our sole discretion, at any time and for any reason without being required to give any explanation where, in our sole opinion, we suspect that any information supplied by you breaches this clause we may terminate the provision of Small World Inspections to you. We also reserve the right to take appropriate legal action for any such misuse.

6.4 We make Small World Inspections available so that users can share User Content with each other. Since any such User Content is uploaded, published and/or shared by users, we cannot accept any liability in respect of the same nor do we endorse any User Content which you may make available or access via Small World Inspections. Accordingly, you acknowledge and agree that any use by you of User Content is at your sole risk.

7. THIRD PARTY CONTENT

7.1 In order to help you to populate inspection reports and assessments, we may provide certain ‘drop-down’ options or wording including information relating to standards of safety which may be relevant to different recreational facilities. Any such pre-populated content or wording (Third Party Content) is intended as an aid only. It is up to you to satisfy yourself that the content provided suits your requirements. Any use of or reliance upon such Third Party Content is at your sole risk. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, special, incidental loss or damage which may arise in respect of your use of or reliance upon any Third Party Content.

8. INTELLECTUAL PROPERTY

8.1 We or our licensors, own all legal rights, title and interest in and to Small World Inspections, this includes any intellectual property rights which subsist in Small World Inspections (whether those rights happen to be registered or not, and wherever in the world those right may exist) including source code therein, database rights, design rights, any copyright which may exist in any text and images, report layouts and the format of any documents provided by us or our licensors and any branding and trademarks which may appear as part of Small World Inspections (SWI IP). For the avoidance of doubt, any intellectual property rights created by a user when they submit a report or upload an image along with any rights in and to any branding supplied by a user do not form part of the SWI IP.

8.2 You acknowledge that all SWI IP belongs to and shall remain vested in us (or where relevant our licensors) and that nothing in these Terms of Use shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out expressly provided for in these Terms of Use).

8.3 Unless you have agreed otherwise in writing with us, nothing in the Terms of Use gives you a right to use any of our or our licensors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trade mark notices) which may be affixed to or contained within Small World Inspections.

8.4 Small World Inspections may include components which are licensed to us by third parties. To the extent that the terms of any such license impose any obligation on you which is in addition to any obligation imposed on you by these Terms of Use (Third Party Licensor Obligation) you undertake fully to comply with and fulfil all requirements of any such Third Party Licensor Obligation.

9. DATA PROTECTION

9.1 Both you and we agree to comply with your and our respective obligations under all applicable data legislation (including the Data Protection Act 2018 and, for the duration of its application, the General Data Protection Regulation 2016/679) in relation to any provision by you to us or to Small World Inspections of any personal data (as such term is defined in the Data Protection Act 2018).

9.2 You acknowledge and agree that you have read and understood our privacy notice, which sets out how we process personal data as a controller. A copy of our privacy notice is accessible

9.3 In order to provide a seamless user experience, we have embedded Google Maps into Small World Inspections. Google Maps is provided by a third party and its use of personal data is set out in the Google Privacy Notice (as defined at clause 3.3 above). By using Google Maps you are agreeing that you understand and accept such use (by Google and its affiliates) of personal data relating to you.

10. TERMINATION

10.1 We make Small World Inspections available to users in accordance with and subject to the terms of a services agreement (Services Agreement) entered into by us and our customer (Subscriber). Upon the expiry or termination of the Services Agreement, if we suspend our services to the Subscriber, or if the Subscriber who designated you as a user requires us to, we reserve the right to terminate your access to Small World Inspections (temporarily or permanently) and/or to terminate this agreement with no liability to you.

10.2 Where, in our sole opinion, we suspect that you have used Small World Inspections other than in accordance with these Terms of Use, we reserve the right to terminate your access to Small World Inspections and to terminate this agreement with no liability to you.

10.3 Upon termination of this agreement (and/or your access to Small World Inspections) you will not be able to use Small World Inspections to access User Content (including any reports or other information which you may have uploaded). It is your responsibility to ensure that you retain copies of any information, documentation and content which you require from time to time.

10.4 Termination of this agreement shall not affect any accrued rights of either party existing as at the date of termination. Clauses 5.2, 6, 7, 8, 10.3, 10.4, 11 and 12 shall remain in full force and effect notwithstanding termination.

11. EXCLUSIONS AND LIMITATIONS

11.1This section is also important – it explains how and why we exclude liability for your use of Small World Inspections.

11.2 To be clear about what this exclusion of liability means in detail:

11.2.1 first off, nothing in these Terms of Use, including without limitation this clause 11, shall exclude or limit any warranty or liability which applicable law says may not be excluded or limited, including without limitation liability for fraud, or for death or personal injury caused by our negligence;

11.2.2 next, there are no conditions, warranties, representations or other terms, express, statutory or implied, (including without limitation statutory warranties and conditions of user enjoyment, merchantability, fitness for a particular purpose and non-infringement) that are binding on us except any which we’ve specifically stated in these Terms of Use. Any condition, warranty, representation or other term concerning the supply of Small World Inspections which might otherwise be implied into or incorporated in these Terms of Use, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law;

11.2.3 you expressly understand and so agree that your use of Small World Inspections is at your sole risk and that Small World Inspections is provided on an “as is” basis;

11.2.4 in particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:

11.2.4.1 your use of Small World Inspections (including without limitation its use in conjunction with any other software) will meet your requirements, that your use of Small World Inspections will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of Small World Inspections provided to you will be corrected;

11.2.4.2 any information obtained by you as a result of your use of Small World Inspections will be accurate or reliable;

11.2.4.3 that Small World Inspections will be accessible at any particular time;

11.2.4.4 that defects in the operation or functionality of Small World Inspections will be corrected, rectified, or remedied;

11.2.5 you expressly understand and agree that we and our licensors shall not be liable to you for:

11.2.5.1 any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of Small World Inspections and/or its use by you or non-availability;

11.2.5.2 any, direct, indirect, special, incidental or consequential loss or damage which may arise as a result of our breach of these Terms of Use;

11.2.5.3 any act or omission of any third party, including without limitation our third party contractors;

11.2.5.4 loss or corruption of data or information. Small World Inspections is not a back-up service: you should always maintain a separate copy of key information you use or access on Small World Inspections;

11.2.5.5 loss of opportunity or loss of contract or other losses which you may incur as a result of use of or reliance upon any content; and

11.2.5.6 any effect which use of Small World Inspections may have on any software you use.

11.3 You expressly acknowledge and agree that: (i) any locations visited by you for the purpose of undertaking any inspections are visited by you at your own risk; (ii) we accept no liability whatsoever for any damages that you may suffer as a result of visiting an unsafe or hazardous location; (iii) any report or assessment created or populated by you is completed at your own risk. We accept no liability or responsibility for any damages caused to any third parties as a result of a report or assessment being inaccurate, incomplete or unavailable.

11.4 Small World Inspections is intended as a tool to assist users in the management of site inspections and risk assessments. For it to function efficiently, you (and your team) will need to ensure that you have an internet connection along with properly functioning hardware. It is your sole responsibility to ensure that you have sufficient information to manage site inspections and scheduling effectively.

11.5 Finally, you agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of Small World Inspections; that we cannot adequately insure our potential liability to you; and that accordingly the exclusions and limitations contained in this clause 11 are reasonable.

11.6 If any part or provision of this clause 11 is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision. You also undertake at all times to mitigate any such damage or loss.

12. GENERAL

12.1 You agree that:

12.1.1 you shall not assign, transfer or sub-license any of your rights or obligations under these Terms of Use;

12.1.2 in these Terms of Use reference to a clause means a clause of these Terms of Use; clause headings are included for convenience only and shall not affect the interpretation of this Agreement; use of the singular includes the plural and vice versa; any reference to a statute shall be construed as referring to such legislation as amended and in force from time to time; any phrase introduced by the term including, include, or any similar expression shall be construed as illustrative and shall not limit the sense of the words following those terms;

12.1.3 failure or neglect by us to enforce any of the provisions of these Terms of Use at any time shall not be construed or deemed to be a waiver of our rights – nor shall this in any way affect the validity of the whole or any part of these Terms of Use, nor prejudice our rights to take subsequent action;

12.1.4 if any part of any provision of these Terms of Use shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law; and

12.1.5 these Terms of Use represent the entire agreement of you and us in relation to the subject matter of these Terms of Use and supersedes any previous agreement between you and us in relation to Small World Inspections.

13. LAW AND JURISDICTION

13.1 These Terms of Use shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts.