Terms and Conditions
These terms and conditions shall apply to any and all orders and subscriptions placed by any subscriber or user of this Website (as hereinafter defined) and any use of the Website by the customer, and any employee, agent, student (including parent of such student) of that customer (hereinafter referred to as “you”). Coach Clare Education Limited trading as Kuul Play (hereinafter “the Company”, “we”, “us”.) is the provider of this Website. The terms and conditions are, and are deemed to have been, accepted by you once the account is created for use of this Website, and or upon payment of the subscription fee (whichever is the earlier).
1. GENERAL
By using www.kuulplay.com (the “Website”) and/or placing an order or subscription on our Website and/or creating an account to use this Website, you agree to be bound by the terms and conditions set out herein (the “Terms”). Please make sure you have read and understood the Terms before subscribing to our services or creating your account. Subscriptions may only be made by persons aged 18 years or older. If you have entered into this agreement on behalf of an educational institution, you represent that you have the necessary authority to bind that institution to this Agreement. If you do not have the necessary authority, or if you do not agree to any of the Terms, then you may not use the Website.
Your permission to use Kuul Play is subject to your employment with, representation of or other affiliation with an entity that is authorized to use our Website through a subscription or otherwise. You must create an account and provide certain information about yourself, including the name of the applicable educational institution, in order to use our Website. You are responsible for maintaining the confidentiality of your account password and agree to notify us immediately of any unauthorized use of your account. Your use of our Website is at your own risk.
It is the responsibility of the affiliated entity and their representatives including but not limited to, instructor, program staff, program co-ordinator, program provider, school, to assess each student’s capabilities and personal health or other issues they may have before allowing the student engage with Kuul Play content on each usage. Where our Website is used without the creation of a parent account, it is the responsibility of the affiliated entity and their representatives listed above to ensure all necessary permissions have been received from the parent/caregiver or guardian of any student engaging with the Website content.
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your use of this Website will be those on the Website from time to time. The Terms that shall apply to your subscription specifically will be the Terms in place at the time which you place your subscription.
2. SUBSCRIPTION
Upon subscription to our Website or account creation where the subscription has been underwritten by an approved third party, you will be asked to designate the number of users including educational professionals, parents and pupils for which licences are required. The purchase of such subscription or granting of account creation shall entitle you to access the Website for the designated number of users for the specified price or for the specified term as per the agreement with the underwriting third party. In the event that you require any further users, the access rights for such users may be purchased by way of an additional subscription.
By entering this Agreement, you acknowledge that your subscription may have an initial subscription fee. When completing your subscription for our services, you may be required to designate whether you require a school term subscription or a full calendar year subscription. By entering this Agreement, and where you are responsible for paying the subscription fee, you agree that the Company may charge your designated card or designated account in the amount of the subscription fee. Upon payment of the subscription fee, by you or another designated person/underwriting third party, you will be granted access to our Website and the products and services contained thereon for the term covered by the subscription or that underwritten by the third party. If for any reason we are unable to accept your subscription, we will notify you of the unavailability of such services and thereafter you can cancel the Agreement and where applicable we will refund your money in full.
We reserve the right in our absolute discretion not to renew your subscription at any time without giving reasons for such decision.
3. USE OF OUR SERVICES
This Site is provided to educational providers and to parents and their children for educational purposes relating to physical activity. Upon creation of an account, the parent will be required to submit information in relation to their children to allow the child to engage with the content contained on the Website. Where you register your account, you will be required to give a specific consent to the use of the platform by your child. You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including activity carried out by your children. You must keep your account and password secured. We encourage you to use strong passwords with your account, and you must notify the Company of any breach of security or unauthorised use of your account. The Company shall not be liable for any loss occasioned by such unauthorised use. You are solely responsible for any activity carried out on your account.
In particular, the Company provides a facility whereby users can complete quizzes, journals and upload photos and videos of their progress. The uploading of photos and videos is entirely optional. Where such photos or videos are uploaded, you do so at your sole risk and you grant to us a non-exclusive, limited, worldwide license to the content uploaded by you solely for the purpose of providing the services to you. It is the responsibility of the user to ensure that the nature and character of such photographs and videos are commensurate with the nature of the services provided by the Company, and to obtain all rights and permissions for any information you upload to the Services. The Company shall have no responsibility or liability for any content uploaded by its users.
4. PRICES
The prices displayed on the Website include Value Added Tax and other Government taxes or duties. We reserve the right to change our subscription charge at any time.
5. CUSTOMER COMPLAINTS
If you have a problem or issue with your subscription to our Website, you might please submit your complaint to the Company at support@kuulplay.com. We will endeavour to resolve any complaints or issues in good faith, and in the alternative to provide you with the right to cancel or withdraw from your subscription in accordance with the provisions of these Terms.
6. REVIEWS AND TESTIMONIALS
By entering a review or testimonial on our Site, you grant to the Company a non-exclusive, royalty free licence to use any of your written reviews in relation to its marketing and/or advertising including without limitation, in the online store, website, newsletters, catalogues, email and other customer communications, store materials and other marketing purposes. You also grant to the Company the right to edit the reviews before they are published. We will only publish comments that contain relevant information about a product. We reserve the right to remove any customer review at any time. You hereby release and discharge the Company from any obligation to pay you for use of your texts and any copyright contained therein in connection with the uses above.
7. PAYMENT
All payments are processed via Stripe. Please note that any payments made by you in connection with the provision of our products and services are subject to the terms and conditions of Stripe and processed in accordance with same. You are also on notice that you are subject to the Stripe privacy policy. Information regarding the Stripe terms and conditions can be found here: https://stripe.com/ie/ssa
You understand and agree that you shall receive no refunds or exchanges for any products or services once we supply same to you, save as provided in Section 8 of these Terms. Any information which you provide in connection with the subscription, or the users must be accurate, complete and correct. You agree to pay all charges incurred for the use of your credit card or debit card used in connection with a purchase or transaction or other monetary transaction within the service at the prices in effect when such charges are incurred. You will also pay any applicable taxes if any relating to such purchases, transactions or other monetary transactions.
We reserve the right to withhold payment recharged back to your account against any amounts due to us under this Agreement or amounts due to any breach of this Agreement by you, pending reasonable investigation of any breach by the Company. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account which includes without limitation applicable tax information. You agree to pay all applicable taxes and charges imposed by any government entity in connection with your participation in the products or services. If you dispute any payment made hereunder, you must notify the Company within 30 days of such payment. Failure to notify the Company shall result in a waiver by you of any claim relating to such disputed payment. The payment shall be calculated on the basis of the records maintained by the Company. No other measurements or statistics of any kind should be accepted by the Company or have any effect under this
Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.
If your credit card or debit card payment is processed unsuccessfully for any reason, we reserve the right to reattempt to process the payment within 48 hours. In the event that the payment is still unsuccessful, we will give you 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you provided to us. If you do not want us to reattempt to process the payment, you must cancel your subscription in advance.
8. CANCELLATION AND REFUND
The Company provides digital content via its Website and such content is not supplied in a tangible medium. Notwithstanding the foregoing, you have the right to cancel your subscription at any time within fourteen days of signing up for our services. If you cancel your subscription within fourteen days, then we will refund the total amount paid by you in respect of the subscription. If you cancel after the expiration of 14 days, the Company will have no obligation to refund the subscription fee to you, save as otherwise provided in these Terms.
9. DESCRIPTION OF PRODUCTS AND SERVICES
We make all reasonable efforts to accurately display the attributes of our services, however many of the items included on our Website are for indicative purposes only. You agree to enter into these Terms on notice of same.
10. REMEDIES AND RIGHTS
Our liability pursuant to these Terms of sale shall be limited to the amount of the subscription paid by you or on your behalf to the Company pursuant to the specific order of which the claim is made, or at our option reimbursement of your subscription price. We shall have no further liability to you whatsoever other than as described in this Clause on any other basis including liability in tort.
Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from our negligence, or that of any of our employees or agents, nor shall they operate to exclude or limit any statutory rights which cannot be legally excluded or limited including your statutory rights as a consumer. We will not under any circumstances be liable to you by reason of any representation or warranty, condition or other term or duty at common law or under the express terms of these Terms for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise, value or otherwise) and whether occasioned by our negligence or that of our employees or agents or otherwise, even if advised of the possibility of
such damages.
If we breach these terms, we shall only be liable for losses which are a reasonably foreseeable consequence of any such breach. The Company will not however be liable to you or any third party from any damage, injury, claim, liability or loss arising whatsoever from the use of the site, or information provided on the website, or any act or omission performed by you or any other person in reliance on the content of the site, or inability to use the site, whether such damages arise in contract, negligence, tort or common law or otherwise, save to the extent that such liability may not be excluded by law including in particular death or personal injury caused by our own negligence or any fraud or fraudulent representation.
We are not liable for the sharing of any personal data by our customers including in particular the education providers and parents utilising our Website. It is your specific responsibility to obtain the necessary consent from any such third parties prior to sharing their data with us and you hereby agree to indemnify and keep indemnified the Company in respect of same.
11. DATA PROTECTION
The Company is fully compliant with GDPR and Data Protection Laws. We will process personal data in the business of the Company. Please see our Privacy Policy.
We are not liable for the sharing of any personal data by our customers including in particular the education providers and parents utilising our Website. It is your specific responsibility to obtain the necessary consent from any such third parties prior to sharing their data with us and you hereby agree to indemnify and keep indemnified the Company in respect of same.
12. USE OF WEBSITE
In order to use our products and services, you agree not to engage in any of the following prohibited activities:
(a) Copying and distributing or disclosing any part of our product or service in any medium including without limitation any automated or non-automated scraping
(b) Using any automated system including without limitation robots, spiders, offline readers etc. to access our products or services in a manner that sends more request messages to our servers than any human can reasonably procure in the same period by using a conventional online web browser.
(c) Transmitting spam, chain letters or other unsolicited emails.
(d) Attempting to interfere with, compromise the system integrity or security or deciphering transmissions to or from the servers running our products or services.
(e) Take any action that imposes or may impose in our sole discretion any unreasonable or disproportionally large load to our infrastructure.
(f) Uploading invalid data, viruses, worms or other software agents through the service.
(g) Collecting or harvesting any personal identifiable information including account names from our products or services.
(h) Using the service for any commercial solicitation purposes.
(i) Impersonating another person or otherwise misrepresenting affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
(j) Interfering with the proper working of the service.
(k) Accessing any content on the service or any technology or means other than those provided or authorised by the products or services.
(l) Bypassing the measure which we may use to prevent or restrict access to the products or services including without limitation features that prevent or restrict use or copying of any content or enforce limitations on the use of our products or services or other content therein.
(m) Use of racially or ethnically offensive language, discussing or inciting illegal activity, use of explicit or obscene language or solicit/post sexually explicit images;
(n) Upload, post or email or otherwise transmit any material that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libellous or invasive of another’s privacy, disrespectful, hateful or racially, ethnically or otherwise objectionable;
(o) Upload, post, email or otherwise transmit any material that you do not have the right to transmit under any law or contractual or fiduciary relationships.
We may without prior notice change the products or service, stop providing the products or services or features of the products or services to you or to users generally; or create user limits for the service. We may permanently or temporarily terminate or suspend your access to the service without notice or liability for any reason, including if in our sole determination you violate any provision of this Agreement for no reason. Upon termination, you continue to be bound by this Agreement. You are solely responsible for your interactions with other users of the Website, if any. We reserve the right but have no obligation to monitor disputes between you and other users, but in any event shall have no liabilities for any of your interactions or indeed the actions or inactions of any other user.
13. DISCLAIMER
The content and information on the Website is for general information purposes only and does not constitute advice of any kind or nature whatsoever. You should not assume that any content of the Website is continuously updated or otherwise contains current or accurate information. We make no warranty or representation as to the accuracy, reliability, completeness, quality, functionality, timeliness, speed or accessibility of such information. You agree that you use this Website at your sole risk. The Website is provided as is and no representation or warranty express or implied is provided in this regard. The Company expressly excludes all express or implied terms, conditions, warranties or representations or endorsements whatsoever in relation to the viewing, use or performance of this Website and any information provided through this Website. The Website and all its contents have been prepared to the best of our knowledge and are subject to change. The Company will have no liability for any omissions, inaccuracies or errors contained on the Website whatsoever, nor for any interruptions, errors, security issues, computer viruses or other harmful components in the use of the Website. Kuul Play disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non infringement, title, quiet enjoyment, data accuracy and system integration. This includes loss of data or profit arising out of the use or inability to use the content of the services. Kuul Play does not warrant that defects in any content or information accessed through the services will be correct or that the services or the server that makes content or information available is free of viruses or other harmful components.
In particular, you are specifically obliged to ensure the suitability of any activities undertaken by you or any third party related to you surrounding the activities promoted by this Website. In particular, it is a matter for each user to ensure their own safety and welfare and to assess the suitability of any such activities prior to undertaking the specific activity. The Company makes no representation or confirmation that all activities are suitable for all users, and it is incumbent on each user to ensure that the activities are appropriate for the particular user.
Any use of this Website that is fraudulent or is in conflict with these Terms shall entitle us to refuse you access to the Website itself and our services.
For the avoidance of doubt, this disclaimer shall not operate to exclude any term, warranty or liability that may not be excluded under Irish law.
14. END USER LICENCE
Subject to these Terms, you are hereby granted a non-exclusive limited non-transferable freely revocable licence to use the products and services for your personal, non-commercial use only and as permitted by the features of our products and services. We reserve all rights not expressly granted herein in the products and services and any content or intellectual property arising thereout. We may terminate your licence at any time for any reason or for any reason, or no reason.
15. INTELLECTUAL PROPERTY AND MATERIALS
You agree and acknowledge that all intellectual property including but not limited to, copyright, moral rights, patents, trademarks, trade name, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future in and relating to the Website (the “Intellectual Property”) belong and shall belong exclusively to the Company.
You may not copy, reproduce, distribute, modify, sell, display, exploit or otherwise use any of the Intellectual Property. All trademarks names or logos of third parties are the property of their respective owners and the Company makes no representation or warranty in connection with same. Nothing on this website or contained in these terms shall constitute a licence to use the Intellectual Property. The design of the Website, text, graphics, photographs, content and software thereof are copyright of the Company.
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, affiliates, service providers or any other party involved in creating, producing or delivering these services, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) or other cause of any kind or character whatsoever arising from, without limitation, your use of the Website, your breach of these terms of use, and/or the terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
16. THIRD PARTY LINKS
The Website may contain links to other websites. The Company makes no warranty or representation regarding any content or use of third party websites. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you decide to access any of third party websites linked to the Website, you do so entirely at your own risk. The Company makes no representation or warranty whatsoever about any other website which you may access through the Website.
The Company is not responsible for the availability or content of any third party Site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites.
If you would like to create a link to this Website, you may only do so with our prior written consent. We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.
17. ENTIRE AGREEMENT & SEVERANCE
These Terms expressly incorporate our privacy policy and terms and conditions of use for our Website. Together they contain the entire understanding and agreement between the Company and the Customer relating to the sale of products by the Company through this Website. Each of these terms and provisions are separate and severable and enforceable accordingly and if at any time any provision is adjudged by any court or regulatory authority or agency of competent jurisdiction to be void or unenforceable in whole or in part the validity, legality and enforceability of the remaining terms and provisions hereof shall not in any way be affected or impaired thereby.
18. GENERAL
(a) These Terms and any non-contractual obligations arising out of or in connection with your use of the Site shall be governed by, and construed in accordance with, the laws of Ireland and the Courts of Ireland shall have jurisdiction to settle all disputes that arise out of or in connection with the Terms and your use of the Website.
(b) We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Website.
(c) We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Website and restrict access to, and availability of, the Website.
(d) If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.
(e) We may, at our discretion assign or transfer any right, title or interest in this Website to any successors in title to our business or to a third party without notice to you.
(f) We shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
(g) We will try to make our website available but cannot guarantee that our Website will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. We give no warranties as to the availability, performance or accessibility of the website.
(h) You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other internet connected device. Any such action will constitute a breach of these terms of use and the Company reserves its position in this regard.
(i) The Company cares about the integrity and security of your personal information, however we cannot guarantee that unauthorised third parties will never be able to defeat our security measures, or use of your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(j) You hereby agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors and other affiliated companies, including employees, servants and agents from any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses arising
from:
(i) Your use of and access to the products and services, including any data or contact transmitted or received by you;
(ii) Your violation of any Term of this Agreement including without limitation your breach of any representations or warranties above;
(iii) Your violation of any third party right, including without limitation any right of privacy or intellectual property rights;
(iv) Your violation of any applicable law, rule or regulation;
(v) Any claim or damages that arise as a result of any content submitted by you or your children or via your account; or
(vi) Any other parties’ access or use of the products or services with your unique username, password or other appropriate security code.
(k) We may at any time suspend or terminate your use of this website without notice to you if you fail to adhere to these terms of use, or the privacy policy, or our terms and conditions of sale.
(l) For California residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding Kuul Play, please contact us using the information we’ve provided. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
(m) By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development or may adopt a solution or action sometime in the future that is similar to your Feedback, and (iv) you grant us a royalty free, perpetual license to use the Feedback to alter or improve the GoNoodle Platform without compensation to the user. For clarity, to the extent Feedback is protectable under U.S. law, Feedback is Your Content.
Date: 1th September 2023
