Terms of Use

TOTEM TERMS OF USE:
FREEMIUM MODEL


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION

1. Totem

1.1 The ‘Totem’ mobile application was built by Play Consulting Limited (company number: 08951341) whose registered office is at The Tanneries, 55 Bermondsey Street, London, England, SE1 3XH (“Play ”, “we”, “us” or “our”) and comes in two flavours: 

  • a) a paid-for version used by organisations to allow them to better connect, recognise and motivate their most important assets – their people; and
  • b) a free version, provided directly by Play, which allows individual users to create their own teams – whether in their workplace, in a sports team or club, in a university, or elsewhere – to allow them to better connect, recognise and motivate each other.

The free version of Totem – to which these terms of use (these “Terms”) relate – consists of the Totem mobile application, the Totem TV web interface and the Totem management interface (together, “Totem”).

1.2 These Terms apply whenever you use Totem and by registering an account or using Totem, you indicate your agreement to be bound by these Terms. By using any part of Totem you confirm that you accept these Terms (and the additional terms referred to below) and that you agree to comply with them.

1.3 If you do not agree to these Terms, please do not use Totem.

1.4 If you have any questions about these Terms, Totem or wish to notify us of something, please contact us at: support@totem.team

2. Other terms that may apply to you

2.1 These terms incorporate the following additional terms, which also apply to your use of Totem:

  • a) our Privacy and Cookies Policy (“Privacy Policy”) which can be found here; and
  • b) our Acceptable Use Policy (“Acceptable Use Policy”) which can be found here.

Together, these constitute the entire agreement between you and us in relation to your use of Totem.

3. Use of Totem

3.1 We provide Totem to you from or via our facilities in the United Kingdom and we make no representation that Totem will be available or appropriate for use in any other country.

3.2 We do not guarantee that Totem, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Totem for business and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal.

3.3 We do not guarantee that Totem will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Totem. You should use your own virus protection software.

3.4 You are also responsible for ensuring that all persons who access Totem through your internet connection are aware of these Terms, and that they comply with them.

3.5 Your use of Totem is also subject to any rules or policies applied by the app store provider from whose site you downloaded Totem.

3.6 Totem is only intended to be offered to users aged at least 16 (or, if higher, the age of majority in your territory of residence). If you are under such age, please do not use Totem or provide personal information through Totem without the consent of your parent or guardian.

4. You must keep your account details safe

4.1 You must treat your password and account details as confidential and not disclose such information to any third party.

4.2 If you know or suspect that someone else may have access to your account, you must promptly notify us using the contact details provided at paragraph 1.4 above.

4.3 We have the right to disable your account at any time if we have reason to suspect to you have failed to comply with any of the provisions of these Terms.


5. Intellectual Property Rights

5.1 With the sole exception of User Content (defined below), we, or our affiliates or licensors, are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or made available to you in connection with Totem. (Except in respect of your User Content), you agree not to copy, distribute, modify or make derivative works of any part of Totem or the content provided via or in connection with it without first obtaining our prior written consent.  All rights not granted under these Terms are reserved by us. We grant you a limited licence to access and use Totem. Any licence granted to you under these Terms is revocable at any time (with or without reason).

5.2 You must not use any part of Totem (nor the content provided on it) for commercial purposes without obtaining a licence to do so from us or our licensors.

6. User Content

6.1 “User Content” means any and all information, materials and/or content that you (or any other user(s) on your behalf) submit, post, upload, publish, display, transmit, share, store or otherwise make available (collectively, “post”) on, via or in connection with Totem.

6.2 Totem may include content, information and materials posted by other users of Totem. This content, information and these materials have not been verified or approved by us. The views expressed by other users on Totem do not represent our views or values.

6.3 If you wish to complain about content uploaded by other users, please contact us using the contact details provided at paragraph 1.4 above.

6.4 You are solely responsible and liable for the content, accuracy, completeness and legality of the User Content you post. Accordingly, you warrant and undertake to us that: (a) you have the full legal right to post any User Content and to grant to us the rights in such User Content specified in these Terms; and (b) no User Content does or will violate or infringe any third-party rights (including copyright, trademarks and/or privacy rights) or contain defamatory or otherwise unlawful material.

6.5 You warrant that any User Content you post will comply with our Acceptable Use Policy and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

6.6 Any User Content you post to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us a worldwide, perpetual, payment-free and transferable licence to use all or any part of any User Content in any manner we choose. To the fullest extent permitted by law, you irrevocably waive, and agree not to assert, any so-called “moral rights” or other non-transferable rights that you may have in any User Content. Where permitted by you or required by a court or other competent authority or permitted by law, we may disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s rights.

6.7 We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.

6.8 We may (in our sole discretion) modify, remove or delete entirely any User Content that we consider may have been posted (or may have subsequently become) in breach of these Terms (including our Acceptable Use Policy). 

7. We are not responsible for third party websites

7.1 Where any part of Totem contains links to websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

7.2 We have no control over the contents of those sites or resources.

8. Changes to these Terms

8.1 We may revise these Terms at any time by amending this page. You agree to check this page from time to time to take note of any changes we make (as they are legally binding on you). We will make efforts to notify you (including by notifications made via Totem itself) of any material changes to these Terms.

9. Suspension and Termination

9.1 We may take such action as we deem appropriate where we determine (in our discretion) that there has been a breach of these Terms, such action may include immediate termination or suspension of your right to use and access Totem.

9.2 We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate. 

10. Our liability to you 

10.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

10.2 Please note that we only provide Totem for domestic and private use. You agree not to use Totem for any commercial or business purposes (without obtaining a licence from us to do so), and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.3 If defective digital content that we have supplied as part of Totem, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by applying an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

10.4 We will not be liable or responsible for any failure or delay to perform any of our obligations under or in connection with these Terms that is caused by any act or event beyond our reasonable control and our obligations under these Terms will be suspended until such act or event stops.

11. How these Terms can be transferred

11.1 We can transfer our rights and obligations under these Terms to any third party, provided this does not adversely affect your rights under these Terms.

12. Miscellaneous

12.1 Please note that these Terms, their subject matter and formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.


This policy was last modified on Tuesday 27th April 2021.

Totem Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION

The ‘Totem’ mobile application (and any of our other online or mobile products, content and services that may be available through the application) (the Service) was built by Play Consulting Limited (“Play ”, “we”, “us” or “our”). It is intended for use by organisations and the individuals they connect with. The organisation through which you are using the Service (e.g. your employer if you are using the Service in relation to the place where you work, or any other company who may have invited you to use the Service (your “Company ”)) likely has its own policies in place regarding your use of the Service and any data you submit or provide through the Service (“Company Policies”). Your use of the Service should comply with your Company Policies. Please contact your Company for more information on the Company Policies.

The Service is owned by Play but provided to you by your Company. In addition to the Company Policies, these Terms apply whenever you use the Service and by registering an account or using the Service, you indicate your agreement to be bound by these Terms, which also includes our Privacy and Cookies Policy (“Privacy Policy ”) which can be found here, together with all other documents referred to in them. Together, these constitute the entire agreement between you and us in relation to your use of the Service. If you do not agree to these Terms, please do not use the Service.

Use of the Service

Your Company is responsible for providing the Service to you. We provide services to your Company from or via our facilities in the United Kingdom to enable your Company to provide the Service to you. We make no representation that the Service is appropriate or available for use in any other country.

We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons. We will try to give your Company reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

We do not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Service. You should use your own virus protection software.

Your use of the Service is also subject to any rules or policies applied by the app store provider from whose site you downloaded the Service.

Acceptable Use

You must not use the Service:

  • to send, post, create or display content or material that is: (i) obscene, offensive, hateful, defamatory or discriminatory; (ii) deceptive or fraudulent; (iii) that promotes or encourages illegal activity or violence; or (iv) is otherwise inappropriate or unlawful.
  • to send, post, create or display content or material that infringes the rights (including intellectual property rights) of any other person.
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code that could damage or adversely affect the operation of the Service or any computer software or hardware.
  • to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • in any way that breaches any applicable local, national or international law or regulation.

You also must not:

  • allow anyone else to access or use the Service without your Company’s permission.
  • reproduce, duplicate, copy or re-sell any part of the Service in contravention of the provisions of these Terms.
  • access without authority, interfere with, damage or disrupt the Service or any network or software used in the provision of the Service.


Intellectual Property Rights

With the sole exception of User Content (as defined below) and any Company-owned data, we, or our affiliates or licensors, are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms are reserved by us. We grant you a limited licence to access and use the Service. Any licence granted to you under these Terms is revocable at any time (and with or without reason).

User Content

“User Content” means any and all Content that you (or any other user(s) on your behalf) submit, post, upload, publish, display, transmit, share, store or otherwise make available on, via or in connection with the Service (collectively, “post “).

The Service may include information and materials posted by other users of the Service. This information and these materials have not been verified or approved by us. The views expressed by other users on the Service do not represent our views or values.

You are solely responsible and liable for the content, accuracy, completeness and legality of the User Content you post. Accordingly, you warrant and undertake to us that: (a) you have the full legal right to post any User Content and to grant to us the rights in such User Content specified in these Terms; and (b) no User Content does or will violate or infringe any third-party rights (including copyright, trade marks and/or privacy rights) or contain defamatory or otherwise unlawful material.

You warrant that any User Content you post will comply with these Terms (in particular the acceptable use standards set out in these Terms) and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content you post to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you grant us a worldwide, perpetual, payment-free and transferable licence to use all or any part of any User Content in any manner we choose. To the fullest extent permitted by law, you irrevocably waive, and agree not to assert, any so-called “moral rights” or other non-transferable rights that you may have in any User Content. Where permitted by you or required by a court or other competent authority or permitted by law, we may disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s rights.

We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.

Changes to these terms

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take note of any changes we make as they are legally binding on you.

Suspension and Termination

Your Company may also be entitled to terminate or suspend your access to the Service if it considers that you are in breach of the Company Policies, but in addition we may take such action as we deem appropriate where we determine (in our discretion) that there has been a breach of these Terms, such action may include immediate termination or suspension of your right to use and access the Service.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

Our liability

Your Company is ultimately responsible for the provision of the Service to you. We exclude all implied conditions, warranties, representations or other terms that may apply to the Service or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Service; or
  • use of or reliance on any content displayed on the Service.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

However, nothing in this Agreement shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence
  • fraud or fraudulent misrepresentation; and
  • any other liability that cannot be excluded or limited by English law.

We will not be liable or responsible for any failure or delay to perform any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control and our obligations under this Agreement will be suspended until such act or event stops.

Miscellaneous

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law and you and we agree to the exclusive jurisdiction of the courts of England and Wales.

This policy was last modified on Monday 21st May 2018.