TERMS AND CONDITIONS

Website User Terms And Conditions

Introduction

1.1 Welcome to the Sourcing Playground platform (the “Sourcing Playground Platform”) and its associated website https://app.sourcingplayground.com (the “Website”). Please read these terms (the “Terms”) carefully as they govern your use of the Sourcing Playground Platform.

1.2 The owner and operator of the website is Sourcing Playground Limited, (also referred to in these Terms as “we”, “us”, “our” or “Sourcing Playground”) whose registered office is at 4 Cedar Park Cobham Road, Ferndown Industrial Estate, Wimborne, Dorset, United Kingdom, BH21 7SF and whose company registration number is 10925192.

1.3 The term “you” refers to the user or viewer of our Website (and “your” will be construed accordingly). We also use the term “Supplier” in these terms and conditions to refer to those suppliers of good or services who are showing on our Website.

1.4 By using our Website or continuing to browse our Website, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use our Website.

1.5 Our Website uses cookies. By using our Website, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy at https://sourcingplayground.com/privacy.

Copyright

2.1 This Website contains content which is owned by or licensed to us (the “Content”). This Content includes, but is not limited to, the information, design, layout, look, appearance and graphics.

2.2 You are granted a licence to use the Content subject to the restrictions described in these terms and conditions.

2.3 All Content and material contained in this Website is and shall remain at all times the copyright of Sourcing Playground or its registered Suppliers.

2.4 You must retain, and must not delete or remove all copyright notices and other proprietary notices placed on any Content.

Licence to use the Website

3.1 You may:

(a) view pages from our Website in a web browser;

(b) download pages from our Website for caching in a web browser;

(d) download data from our website when allowed through the user interface;

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Website or save any such material to your computer.

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.

3.4 You must not:

(a) republish material from our Website (including republication on another Website), except in the case of social media such as Facebook, Instagram and Twitter in which case you are permitted to publish extracts in order to promote use of the Website;

(b) sell, rent or sub-license material from our Website;

(d) exploit material from our Website for a commercial purpose (other than as a registered seller in accordance with these terms and conditions); or

(e) redistribute material from our Website.

3.5 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

Acceptable use

4.1 You must not:

(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.

4.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current and non-misleading.

Your content licence

5.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media and to reproduce, store and publish your content on and in relation to this Website and any successor website.

5.3 You grant to us the right to sub-license and to bring an action for infringement of the rights licensed under Section 5.2.

5.4 You hereby waive all your ‘moral rights’ in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

5.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content rules

6.1 You warrant and represent that your content will comply with these terms and conditions.

6.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

6.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute or promote any criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of any contractual obligation owed to any person;

(k) be untrue, false, inaccurate or misleading;

(l) contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(m) constitute spam; or

(n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

6.4 You must not use our Website to post any link to any Website or web page without our written permission.

Warranties

7.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our Website;

(b) that the information on the Website is up to date; or

7.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

7.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.

Limitations and exclusions of liability

8.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:

(a) are subject to Section 8.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions; and

(c) this includes any claims, losses or damages arising from the conduct of users who have registered through the Website or who attempt to defraud or harm you.

8.3 To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature. To the extent that we may have charged you a membership fee, our liability to you shall in no event exceed the amount of that membership fee.

8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, or in respect of any loss or corruption of any data, database or software, or in respect of any special, indirect or consequential loss or damage.

8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Indemnity

9.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these terms and conditions; or

(b) your use of our Website.

Breaches of these terms and conditions

10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may temporarily or permanently suspend your access to our Website or commence any action, including legal action, against you, whether for breach of contract or otherwise, where appropriate.

Third party Websites

11.1 Our Website may include links to other Websites owned and operated by third parties. We have no responsibility for the content of such third party websites.

11.2 We have no control over third party Websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trademarks

12.1 The registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Website.

Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions, the Website or any product or service purchased through the Website shall be subject to the exclusive jurisdiction of the courts of England.

Buyer Terms & Conditions

Introduction

1.1 Welcome to the Sourcing Playground platform (the “Sourcing Playground Platform”) and its associated website www.sourcingplayground.com (the “Website”). Please read these terms (the “Terms”) carefully as they govern your use of the Sourcing Playground Platform.

1.3 By registering with us and/or continuing to use any part of the Sourcing Playground Platform, you confirm your acceptance of the Terms, Privacy Policy and Cookie Policy. Do not use the Sourcing Playground Platform unless you wish to be bound by the Terms, Privacy Policy and Cookie Policy.

1.4 We may vary the Terms from time to time and shall post such alterations on the Platform. If you do not agree to the changes made to the Terms, then you have the right to stop using the Sourcing Playground Platform, and should do so immediately. Your continued use of the Sourcing Playground Platform after the date the changes have been posted will constitute acceptance of the amended Terms.

1.5 Our Platform uses cookies. By using our Platform, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy at www.sourcingplayground.com/privacy.

1.6 To register an account on our Platform, you must be at least 18 years of age. You may register with our Platform by completing and submitting the account registration form.

1.7 You warrant that all information you provide whether to us will be true, accurate and not misleading.

Additional definitions

2.1 These Terms make use of the following definitions:

“Supplier” means a supplier of goods or services that is found through the Platform.

Using the platform

3.1 The Platform operates as a software-as-a-service (SAAS) application where you can access comprehensive, verified data and insights about suppliers of goods and services, including their clientele, volume information, and sourcing trends.3.2 Our platform provides strategic insights including pricing information per product per country, product trends, and more. You can use these to make informed sourcing decisions.

3.3 If you wish to delve deeper into the sourcing strategies of other companies, including your competitors, the Platform provides the facility to look up such information, offering an understanding of their sourcing patterns, suppliers they use, and other trends. It is important to note however that not all companies are listed on the platform.

3.4 Our SAAS platform does not facilitate direct orders or payments to the suppliers. It is primarily an insights platform, and any business engagement with suppliers based on the provided information will need to be conducted independently.
Registration

4.1 You must be over 18 years of age to register on our Platform.

4.2 If you register for an account, you will be asked to choose a user ID and password.

4.3 You must not use your account or user ID to impersonate any other person.

4.4 You must keep your password confidential.

4.5 You must notify us in writing immediately if you become aware of any disclosure of your password. You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

4.6 If you wish to cancel your registration with Sourcing Playground, you can do so at any time by sending an email to info@sourcingplayground.com requesting removal from our database.

Disclaimers

5.1 We are not obligated to make the Platform services available to you and we reserve the right to remove you from the Platform at any time and for any reason at our discretion.

5.2 We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.

5.3 We make no warranty as to the identity, integrity or behaviour of Suppliers and are not liable for any dissatisfaction, loss or damage you may incur as a result of an introduction to a Supplier, including without limitation any failure by the Supplier to provide the requested goods or services in accordance with your agreed Order or the quality of any goods or services.

5.4 You agree and understand that Sourcing Playground acts as a data provider and is not a party to any contract made between you and the Supplier. You will be responsible for all legal and regulatory requirements relevant to your contract with your Supplier.

5.5 You agree that, unless otherwise stated in these terms, we have no liability to you in relation to any goods or services obtained by you through a supplier found on this Platform. In the event you are dissatisfied in any way, your remedy is only against the Supplier.

Limitation of Liability

6.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

6.2 If you are dissatisfied with the Platform, or the Terms, your remedy under the Terms shall be to discontinue your use of the Platform.

6.3 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the Platform.

6.4 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.

6.5 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.

6.6 In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for a sum greater than the amount of our fees (if any) paid by you in respect of the matter in question.

Intellectual Property Rights

7.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Sourcing Playground Platform (the “Intellectual Property“), including the manner in which Sourcing Playground is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.

General Terms

8.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.

8.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms.

8.3 We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.

8.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

8.5 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.

8.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.

8.7 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Platform from the date of publication of the revised terms and conditions on the Platform, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Platform.

8.8 The Terms shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from these Terms or from use of the Platform.