These terms and conditions of use (hereinafter “T&Cs”) are entered into between you as a registered customer (“Customer”) or unregistered user (“User”) and Bizplay OÜ (a company incorporated under Estonian law, whose registered office is at Rebase 5-31, Tartu 50104, Estonia, registry code 12527787) (hereinafter “Bizplay”, “we”, “us” or “our”), and govern your use of the Bizplay Platform at www.bizplay.ee and other subdomains administered by Bizplay (“Bizplay Platform”). You may contact us by e-mail at firstname.lastname@example.org.
The purpose of these T&Cs is to define the terms and conditions of services offered on the Bizplay Platform and designed for conducting Bizplay games and courses for players in accordance with the instructions and educational materials prepared by Bizplay (collectively “Bizplay Services”). The T&Cs also define the terms and conditions of purchasing products offered in the Bizplay online store (“Bizplay Online Store”) and other terms and conditions applicable to Users browsing the Bizplay Platform.
To use the Bizplay Services, a Customer must register a personal user account on the Bizplay Platform (“Bizplay Account”). A Bizplay Account is not required for purchasing the products offered in Bizplay Online Store or for browsing the Bizplay Platform as a User.
By using the Bizplay Platform, including Bizplay Services, browsing the Bizplay Platform and/or placing purchase orders in the Online Store, you warrant that: (i) you are at least 18 years old; (ii) you accept these T&Cs as a private individual or as a representative of an educational institution, company, organization or other legal entity; (iii) if accepting these T&Cs on behalf of a legal entity, you have the right to do so; (iv) when using the Bizplay Platform on behalf of a legal entity, the relevant entity is appropriately registered and in a good standing; (v) when using the Bizplay Platform on behalf of a legal entity, the legal entity agrees to be legally bound by these T&Cs; (vi) you or the relevant legal entity is not banned from using the Bizplay Platform or accepting the T&Cs under applicable legislation; and (vii) you undertake to use the Bizplay Platform in compliance with the T&Cs and applicable legislation.
Bizplay reserves the right to amend or update these T&Cs and the data processing agreement attached to the T&Cs unilaterally at any time if it has reasonable grounds for such amendment or update (e.g. changes in applicable legislation, Bizplay’s legitimate business interests, improvement of existing functions etc.). All amendments of the T&Cs are published on the Bizplay Platform and we will notify you of any major changes and updates by sending you a relevant notification on the Bizplay Platform or to the e-mail address you have provided to us.
The Bizplay Platform enables Customers to use Bizplay Services, allows Users to browse the Bizplay Platform and enables both Customers and Users to place purchase orders for products offered in the Bizplay Online Store. Customers can access the Bizplay Services provided on the Bizplay Platform by logging in with a personal username and password. Logging in is not required for accessing the functions of Bizplay Online Store or browsing the Bizplay Platform.
You agree that Bizplay is only responsible for allowing the Customers and Users to use the Bizplay Platform, including to browse the Bizplay Platform as a User, use selected Bizplay Services as a Customer and use the functions of the Bizplay Online Store according to separately agreed terms and conditions, and for providing the Customers and Users an electronic confirmation of the agreement of use of the specific Bizplay Service, concluded between Bizplay and the Customer (“Agreement of Use”), or an electronic confirmation of purchases made in the Bizplay Online Store. You also acknowledge that you have the obligation to declare and pay taxes in accordance with the requirements of applicable legislation on any transactions made on the Bizplay Platform, including transactions in the Bizplay Online Store, and on any fees payable under an Agreement of Use.
You agree that any misuse or malevolent, inappropriate, disturbing, manipulative or fraudulent use of the Bizplay Platform by you entitles Bizplay to temporarily suspend or terminate your Bizplay Account and/or restrict your current or future use of the Bizplay Platform. Failure to comply with the above prohibitions may result in civil and criminal liability for the violator.
To use Bizplay Services on the Bizplay Platform, you must register a Bizplay Account by entering the required registration data. You may register as a private customer or business customer. By submitting data during the registration process, you warrant that: (i) the registration data is correct, accurate, up to date and complete; and (ii) you will keep the relevant registration data updated to ensure its correctness, accuracy, up-to-dateness and completeness at all times. To complete the registration, you must submit the information required during the registration process. When registering a legal entity, required information on the legal entity must also be provided.
If you provide incorrect, inaccurate, outdated or incomplete data, Bizplay has the right to temporarily suspend or terminate your Bizplay Account and/or restrict your current or future use of the Bizplay Platform or any functions thereof.
Your Bizplay Account is strictly personal and you are responsible for any actions performed on or with your Bizplay Account. You must not allow third persons to access the Bizplay Account belonging to you or your legal entity. You are also responsible for maintaining the confidentiality of your registration data and for any activities performed whenever logged in.
PAYMENT FOR BIZPLAY SERVICES
To use the Services offered on the Bizplay Platform, you must purchase the relevant Bizplay Service after logging into your Bizplay Account as a Customer and pay for the selected Bizplay Service according to applicable terms of payment, provided that Bizplay charges a fee for using the specific Bizplay Service. When selecting the desired Bizplay Service, you must also indicate the exact details of the Bizplay Service order, including the selected period and game or course format which depends on the number of players. The information displayed prior to purchasing the relevant Bizplay Service on the Bizplay Platform includes detailed terms of payment and all fees and fines for delayed payments charged by Bizplay.
After completing the purchase of a Bizplay Service on the Bizplay Platform, Bizplay shall provide the necessary payment instructions or guidance to you. Subject to an additional agreement, and if a prepayment has been made, the amounts payable by the Customer shall be deducted from the prepaid amount. The prepaid amount will be reimbursed to the Customer after deducting the fees for any Bizplay Services already used, including claims that have arisen but have not yet fallen due, and any expenses relating to reimbursement.
The Customer’s obligation to pay for a Bizplay Service arises upon final completion of a purchase of a relevant Bizplay Service, at which point Bizplay shall send an electronic confirmation of the concluded Agreement of Use and the applicable terms and conditions to your Bizplay Account and e-mail. As of that moment, an Agreement of Use between Bizplay and the Customer is deemed concluded.
Upon a delay of payment of an invoice, Bizplay may require the Customer to pay a fine for delay at the rate of 0.05% per day until full payment of the outstanding amount. The obligation to pay a fee is not conditional of the Customer’s actual use of the relevant Bizplay service. Payments on the Bizplay Platform are made through service provider Montonio Finance UAB, a payment institution operating in Estonia and licenced by the Bank of Lithuania (licence no. LB0020077). Bizplay does not receive cash deposits or other repayable funds from its Customers and does not provide payment services.
Bizplay reserves the right to offer periodical customer-based or campaign-based or other discounts from the price list available on the Bizplay Platform by notifying the Customer thereof upon purchasing or using a Bizplay Service and providing the terms and conditions for such discount. Upon expiry of the terms and conditions underlying the discount, the regular price in the price list available on the Bizplay Platform shall automatically apply again.
USE OF BIZPLAY SERVICES
Conclusion of an Agreement of Use enables the Customer access the selected Bizplay Service on the Bizplay Platform during the specified period and within the specified scope and to access additional games and course materials, educational materials, game sets and any other relevant items accompanying the Bizplay Service.
The Customer is fully responsible for due performance of the concluded Agreement of Use, including using the relevant Bizplay Service for its intended purpose and in accordance with the arrangements and number of players of the selected Bizplay Service.
Bizplay is not responsible for the content and performance of any Bizplay Services which Bizplay does not provide itself and for which it only acts as an intermediary. The content and performance of such Bizplay Services are the responsibility of a third party instructor who uses a relevant Bizplay Service to help prepare, conduct and analyse an educational game. Bizplay is only responsible for the Bizplay Services performed by Bizplay itself. The provider of the relevant service is displayed to the Customer prior to purchasing a Bizplay Service.
The Customer undertakes not to provide access to the relevant Bizplay Service to any third parties without Bizplay’s consent, including not to allow access for conducting a Bizplay game or course to any third parties who have not purchased the relevant Bizplay Service. The Customer also undertakes to notify Bizplay of any faults, complaints and/or incidents arising during the period of use of the relevant Bizplay Service.
Bizplay reserves the right to change the Bizplay Services offered and their content, including for development purposes, for adjustment to new technical environments or for other important reasons relating to substantive changes. Bizplay also has the right to update Bizplay Services and their content in order to ensure compliance of the services with the T&Cs, including for ensuring the secure use of Bizplay Services. Information on changes and updates relating to Bizplay Services will be communicated to you on the Bizplay Platform.
BIZPLAY ONLINE STORE
Each Customer and User has access to the Bizplay Online Store. A list of products offered by Bizplay, product descriptions and prices are available in the Bizplay Online Store. Certain products offered in the Bizplay Online Store cannot be used for their intended purpose without purchasing the Bizplay Service relating to the product. Any images of products are provided for illustration only. All prices shown in the Bizplay Online Store are in euros and inclusive of VAT. A fee for delivery of the products shall be added to the price in accordance with the applicable price list.
If you wish to purchase a product offered in the Bizplay Online, click the “Add to cart” button. The selected product will be displayed to you along with its price, the possibility to enter a discount coupon code and, if the price is discounted, the original price before discount. When clicking the “Proceed to checkout” button, you will be asked for confirmation and directed to a page where you must enter your contact details, delivery information and payment details. You undertake to provide correct, accurate, up-to-date and complete information during the purchasing process.
After you have entered the information and selected a preferred delivery method, you can complete the order by clicking the “Submit order” icon, at which point a sales contract of the product is deemed concluded. Following this, Bizplay shall send an electronic confirmation of the concluded sales contract and an invoice and the applicable terms and conditions to your Bizplay Account or, if you purchased as a User, to your e-mail. Bizplay shall arrange the necessary transport for delivering the Products to the address indicated in your order.
If a product is out of stock and an order cannot be fulfilled, Bizplay may propose a new delivery time or refund the price paid. If the Customer or User opts for a price refund, the price shall be refunded to the Customer or User immediately, but not later than within 14 (fourteen) calendar days as of the date of purchase. After the refund, the sales contract shall be deemed terminated.
Bizplay reserves the right to withdraw from a sales contract concluded via the Bizplay Online Store and refuse to deliver the ordered products if the price, description or quality of products were displayed incorrectly in the Bizplay Online Store or if the final price of the shopping cart was displayed incorrectly due to technical or other reasons. We shall notify you of any errors without delay. You may purchase the same products for the correct price indicated in such notice by re-ordering the selected products from the Bizplay Online Store. In case of such withdrawal, we are not liable for compensations for any damage you might incur in connection with the withdrawal. Bizplay may also ban a Customer or User from concluding a sales contract if the Customer or User has breached or is in breach of any prior sales contracts.
Complaints regarding products sold to Customers or users who are consumers may be lodged within a period of two years. If the Customer or User wishes to lodge a complaint relating to non-conformity of a product to the contract, such complaint shall be submitted to Bizplay within two months as of the date when the Customer or User became aware that the product does not conform to the contract. The complaint should be sent by e-mail to email@example.com and should include the following information:
- name and contact details of the Customer or User;
- description and possible cause of the product’s non-conformity;
- number of the sales contract.
Bizplay shall review complaints relating to non-conformity of a product within 14 (fourteen) calendar days from the receipt thereof.
The cost of replacing a non-conforming product (including the delivery cost) shall be covered by Bizplay. If Bizplay agrees with the contents of the complaint, Bizplay shall be entitled to repair the product or, if this is not possible or otherwise viable, Bizplay shall replace the non-conforming product with a similar conforming product. If the product cannot be replaced (Bizplay does not have the product or the product is out of production), Bizplay shall refund the purchase price of the non-conforming product to a bank account indicated by the Customer or User within 14 (fourteen) calendar days as of receipt of the complaint. Upon replacement of a non-conforming product, Bizplay shall arrange transport for delivering the conforming product to the Customer or User.
Bizplay reserves the right to change the prices in the Bizplay Online Store at any time. If prices are changed in the Online Store after the Customer or User has confirmed an order and paid for it, Bizplay shall deliver the relevant products to the Customer or User for the prices applied at the time of order.
The Bizplay Platform may provide Customers or Users an opportunity to communicate with other Customers or Users on the Bizplay Platform, including a rating functionality and a possibility to share best practices relating to the use and functions of Bizplay Services. Ratings, comments and questions do not reflect the positions or opinions of Bizplay, its agents and/or affiliates. Ratings, comments and questions reflect the positions or opinions of Customers or Users who post their ratings and comments to the Bizplay Community. To the extent permitted by applicable legislation, Bizplay is not liable for the ratings, comments and questions or for any damages or expenses arising from the use and/or posting and/or publication of ratings, questions or comments in the Bizplay Community.
Bizplay reserves the right to monitor the ratings, comments and questions and to remove any ratings, comments and questions which may be deemed incorrect, inappropriate or abusive or might lead to violations of these T&Cs.
By submitting ratings, comments or questions, you warrant that:
- you have the right to communicate with other Customers and Users in the Bizplay Community and submit ratings, comments and questions and you have all the required licences and approvals to do so;
- your ratings, comments and questions do not infringe the intellectual property rights of third parties, including, but not limited to, copyright, business secrets, patents or trademarks;
- your ratings, comments and questions do not contain libellous, abusive, indecent or otherwise illegal material;
- your comments are not aimed at causing unlawful damage to other persons or incitement of unlawful activities; and
- your comments and questions are not (directly or indirectly) aimed at promoting the (business) activities of a Customer or User.
You hereby grant Bizplay a non-exclusive licence to use, reproduce or edit, and to authorize other persons to use, reproduce or edit your ratings, comments and questions in any format whatsoever.
OPERATION OF THE BIZPLAY PLATFORM
The Bizplay Platform is accessible online 24 hours a day, except in cases of Force Majeure or scheduled or unscheduled interruptions that may result from maintenance needs. For the purposes of these T&Cs, “Force Majeure” is the occurrence of any unforeseen circumstance without any fault on a party’s part or beyond party’s reasonable control, including, without limitation, Internet outages, communications outages, issues and problems relating to information technology, fire, flood or war.
Bizplay reserves the right at any time to suspend or block access to all or part of the Bizplay Platform for any reason whatsoever, notably for maintenance or updating or in the event of an attack on the Bizplay Platform.
The Bizplay Platform and any trademarks, logos and any other distinctive signs and any software used or included therein and all content on the Bizplay Platform (i.e. any texts, videos, photos and any other information in any format and of any nature whatsoever appearing on the Bizplay Platform) (hereinafter “Property”) are the exclusive property of Bizplay or third parties who have authorized the use of such content.
The Property may be subject to and protected by copyright, trademark, patent or other intellectual property rights. Any commercial use of the information published on the Bizplay Platform (including Property) is strictly prohibited.
It is prohibited to extract, reuse, sell, distribute, modify, translate or reproduce the information published on the Bizplay Platform (including Property) or any parts thereof without Bizplay’s prior and express written authorisation. Failure to comply with the above prohibitions may result in civil and criminal liability for the violator.
RIGHT OF WITHDRAWAL
Customers who are consumers may withdraw from a Bizplay Service and/or a purchase made in the Bizplay Online Store within 14 days without providing a reason. The right of withdrawal expires after 14 days as of the receipt of a Bizplay Service and/or a product purchased in the Online Store.
The right of withdrawal also terminates once the Customer or User has begun to use the relevant Bizplay Services and/or products purchased in the Online Store. For withdrawal, the product purchased in the Bizplay Online Store must include all the items and documents contained in the product packaging.
If you have not used the Bizplay Service and/or product purchased in the Online Store and withdraw within 14 days, we shall refund you the full price of the Bizplay Service and/or product purchased in the Online Store.
To exercise your right of withdrawal, you must submit an unequivocal declaration of intention for withdrawal from the Bizplay Service or the purchase made in the Online Store to us e.g. by letter (addressed to Rebase tn 5-31, Tartu 50104, Estonia) or by e-mail to firstname.lastname@example.org. You may also use this withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.
If you withdraw from a Bizplay Service or a purchase made in the Online Store, we shall reimburse all payments received from you without undue delay and in any event not later than within 14 days after receiving your relevant withdrawal notice. The reimbursement shall be effected using the same means of payment that you used for the initial payment, unless you have expressly agreed otherwise; in any event, we will not charge any fees on such reimbursement.
PERSONAL DATA PROCESSING
Your use of the Bizplay Platform is at your own risk. Thus, Bizplay cannot be held responsible for any malicious program that may infect the Customer’s or User’s computer or mobile equipment or any other hardware or software when using the Bizplay Platform, nor for any loss or alteration of data resulting from the use of the Bizplay Platform. It is your responsibility to take all appropriate measures to protect your data, computer systems or software from contamination by possible viruses, trojans or, more generally, any computer programs that could be disseminated on a digital platform.
Subject to applicable legislation, Bizplay cannot be held responsible for any direct or indirect damage linked to the use or the impossibility of using the Bizplay Platform and more generally, for any event linked to the Bizplay Platform, such as any transactions made on the Bizplay Platform or any technical failures, breakdowns, interruptions or modifications to the Bizplay Platform.
Bizplay is not liable for any delivery delays and misunderstandings relating to the products if such delay or misunderstanding is caused by the inaccuracy or incorrectness of information provided by the Customer or User upon submitting the order or if the Customer or User themselves causes a delivery delay, including by the lack of an appropriate recipient at the time and location of delivery of the products under the sales contract.
Please also note that you remain solely responsible for any data that you may communicate to Bizplay. Bizplay is not liable in case of error, omission or imprecision of the data that you have communicated. Above all, you as a Customer are responsible for the security of the data used for accessing your Bizplay Account, including your e-mail address, mobile phone number and password, as well as for the security of your Bizplay Account. You are also responsible for the secrecy of the account data of your Bizplay Account.
Nothing in these T&Cs limit or exclude the liability of Bizplay if such liability cannot be limited or excluded under applicable legislation.
Bizplay may organize campaigns that are subject to additional terms and conditions published on the Bizplay Platform.
If Bizplay has notified a Customer of changes in these T&Cs and the Customer does not agree to such changes of the T&Cs, they have the right to terminate the Agreement of Use concluded with Bizplay by sending a relevant written notice to Bizplay within 14 (fourteen) calendar days as of the receipt of the notice of changes.
A fixed-term Agreement of Use terminates upon expiry of the relevant term. Bizplay has the right to ordinarily terminate any fixed-term Agreement of Use with a Customer by reasonable advance notice if the relevant Bizplay Service is discontinued.
The Customer may terminate a fixed-term Agreement of Use at any time, but this shall not release the Customer from payment of fees until the end of the agreed term.
An Agreement of Use concluded for an unspecified term may be terminated by Bizplay or the Customer by written notice to the other party, sent no less than 30 (thirty) days in advance.
You undertake not to use the Bizplay Platform for illegal activities or for commercial purposes otherwise than for performance of the obligations set out in these T&Cs.
Neither Bizplay nor the Client or User shall be held liable for a breach of the obligations set out in these T&Cs if such breach can be attributed to Force Majeure.
Our failure to enforce any provision of these T&Cs or exercise any right thereunder on one occasion does not limit our right to demand performance or exercise our right on subsequent occasions.
If any provision of the T&Cs is deemed invalid, null and void or unenforceable for any reason whatsoever, such provision shall be deemed excluded from the T&Cs and the rest of the T&Cs will remain valid and enforceable.
The T&Cs, Agreements of Use and sales contracts concluded in the Online Shop are governed by laws of the Republic of Estonia.
The Customer or User and Bizplay shall attempt to negotiate a solution to any disputes arising from or in connection with the T&Cs, use of the Bizplay Platform or purchases made in the Online Shop. When failing to reach an agreement, the Customer may enforce their rights in the Harju County Court, unless the Customer or User has the right to file a claim with a court of their place of residence. A Customer who is a consumer also has the right to file a complaint to the Consumer Disputes Committee or on the ODR platform (Online Dispute Resolution).
Updated in May 2022