Work Well Being Ltd.
Terms & Conditions of Use
Effective Date: 10th November 2020
1.1. The Work Well Being Site Terms & Conditions of Use describe the conditions under which you are entitled to access and use the Site www.workwellbeingplay.co.uk (“The Site”), owned by Work Well Being Limited (referred to as "we", "us", "our" or "WWB" in this Site Terms & Conditions of Use).
Please read these Site Terms & Conditions of Use (“Terms”) carefully before using our Site.
By visiting or continuing to use the Site you agree to be bound by these Terms.
If you do not agree to all these Terms, you may not visit, use, or access the Site and may not click on “Accept the Terms & Conditions of Use” when prompted on the Site.
1.3. This Site is intended for users above the age of 16; you must be older than sixteen (16) years old to use the Site. By accessing or using the Site you warrant and represent that you are older than sixteen (16) years old.
2. License of access and use
WWB grants you a limited, non-exclusive and revocable license to access the Site. This license is subject to and conditioned on compliance with the Site Terms & Conditions and, any other applicable policies included on the Site.
WWB may terminate any license it has granted to you to access or use the Site by providing notice, and the said termination shall be effective immediately upon WWB providing such notice.
3. Prohibited site use
You may not use or encourage others to use the Site for illegal or fraudulent purposes or activities, including but not limited to the following:
- Copy or duplicate any part of the Site.
- Commercialize without authorization any part of the Site.
- Make modifications to any part of the Site.
- Make derived uses of any part of the Site.
- Use programs, algorithms, automatic devices or any other methods in order to gain access to the Site, monitor or copy it.
- Use the Site in certain way in order to reduce its operative power or diminish its infrastructural resources.
4. Changes to the terms
WWB may make changes to the Terms & Conditions at any time. When changes are made, we will post the new copy on the Site which will be available for you to review. Therefore, we encourage you to review the Terms and all applicable policies whenever you use the Site in order to understand the applicable conditions of use. By visiting or continuing to use the Site after the Terms have changed, you understand and agree that WWB will treat your use as acceptance with the updated version of these Terms.
5. Intellectual property rights
5.1. WWB owns all legal rights on the Site and within the services provided on it, whether those rights are registered in the United Kingdom, any other country or not.
5.2. You acknowledge and agree that the services provided on the Site may contain information that is designated confidential by WWB and that you shall not disclose such information without our prior written consent.
5.3. Unless you have been expressly and previously authorized by our written permission, you are not allowed to use any of WWB´s trade names, trademarks, service marks, logos, domain names and any other distinctive brand features or part of them. For the avoidance of doubt, if you generate any output from the use of the services and such output includes our trade name, trademark, service mark, logo, domain names or other distinctive WWB´s brand features, you agree not to remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices.
5.4. You are not allowed to use any trademark, service mark, trade name, logo of any third party mentioned in the Site in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6.1. By accessing or using the Site you represent and warrant that you are older than sixteen (16) years old.
6.2. By accessing or using the Site you represent, warrant and agree that you do it in accordance with these Terms and that all the information you provide is accurate and truthful.
6.3. By accessing or using the Site you represent, warrant and agree that you will not use the Site in any way that may infringe personal or proprietary rights of a third party, cause injury of any kind to a person or entity, or violate or encourage other to violate any applicable law.
You agree to defend, indemnify and hold harmless WWB and our directors, employees, representatives, agents, contractors and permitted assigns as an Indemnified Party from and against any third party claim, liability, deficiencies, judgments, settlements, losses, fines, damages, injuries, penalties, fees and expenses, in connection with your use of the Site.
8.2. Account and Password. You may be enabled to create an account in the Site by registering with us. You acknowledge and agree that you are entirely responsible for maintaining the strict confidentiality of any username and/or password administered to you when you log in into your account; you acknowledge and agree that you are entirely responsible for any access to or use of the Site by you or any person or entity using your username or password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent; and for all activities that are conducted through your account. You agree to (a) ensure that you exit from your account at the end of each session and (b) immediately notify WWB if you have any reason to believe an unauthorized use of your password or account or any other breach of security has taken place. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify WWB when you desire to cancel your account on the Site. WWB will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
8.3. Loss of data. WWB will not be liable to you in respect of any loss or corruption of any data, database or software. By accessing or using the Site you agree that you are responsible for having and using your own virus and malware protection software.
8.4. Third party websites. The Site may contain links to third party websites (third party links). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through these third party links. Links to third party websites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
8.5. By accessing or using the Site you acknowledge and agree that WWB and our directors, employees, representatives, agents and contractors will not be liable to you in respect of any business losses, including but not limited to any loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill or any other punitive or consequential loss.
8.6. Liability to consumers: if you purchase Paid Content from us, we will be bound by the following provisions:
8.6.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Purchase or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created through the purchase of our products. We will not be responsible for any loss or damage that is not foreseeable.
8.6.2. Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
8.6.3. If, as a result of our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from our Site damages your device or other digital content belonging to you, we will either repair the damage or pay you appropriate compensation. Please note that we will not be liable under this provision if: a) We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or b) The damage has been caused by your own failure to follow our instructions; or c) Your device does not meet any relevant minimum system requirements that we have made you aware of before you purchased your Subscription.
8.6.4. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9. Terms of purchase
Our checkout page will guide you through the steps you need to take in order to make a purchase of Paid Content via the Site, this might be a Monthly or Annual Plan (Subscriptions).
If you purchase a Monthly or Annual Plan you agree to be bound by the following terms:
9.1. Adult users only: You may only purchase our Paid Content through the Site if you are at least 18 years of age. By making a purchase you acknowledge that you are at least 18 years of age.
9.2. Placing an order: Our purchase process allows you to check and amend any errors before submitting your order. You should read and check your order at each stage of the order process. If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
9.3. How to pay: You can pay for Subscriptions using Paypal or other payment method in each case which is approved by us. All of our prices include VAT unless otherwise stated.
Payment for Subscriptions must always be made in advance. After you place your order, we will make the corresponding charge and send a Subscription Confirmation to your email address.
All payments and purchases are non-refundable and cannot be returned. By placing an order with us you acknowledge that you will be given immediate right to access the Paid Content and therefore you won't be able to cancel the contract and get a refund if you change your mind (the “cooling-off period”).
9.4. Paid Content and your consumer rights: By law, we must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through your Subscription does not comply with such specifications, please contact us to [email protected]
If any Paid Content you have purchased is faulty, you are entitled to receive a replacement copy of such faulty Content. If the fault cannot be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you are entitled to a partial or full refund. All refunds will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund and will be made using the same payment method that you used when purchasing your Subscription.
For more information regarding your rights, contact us to the email address provided above or visit the Citizens Advice website www.citizensadvice.org.uk.
9.5. Cancelations: As we offer the option of both Monthly and Annual Plan, your subscription will renew automatically at the end of your chosen period unless you cancel.
For cancelations you can either contact us using the contact form, or follow these instructions:
- Login to your account
- Click the avatar at top right
- Click settings in dropdown
- Click billing info
- Click manage subscription in Paypal
- You will be prompted to login to Paypal
- Click payments in top menu
- Select manage automatic payments
- Select our agreement and click cancel
- Confirm your wish to cancel
Please note, we don’t offer refunds for partially unused membership periods.
9.6. Paid Content Limitations: Our Paid Content does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from any Content. Although we make reasonable efforts to update the information provided in our Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
9.7. For Businesses: If you are a Business please contact us to receive a copy of our Businesses Terms of Purchase.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid or unenforceable, then that provision will be removed from the Terms or replaced by other that comes closest to expressing its original intention without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11. No waiver
You agree that if WWB fails or delays in exercising or enforcing any legal right, power or remedy which is contained in the Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
12. Jurisdiction and governing law
These Terms, your relationship with WWB under these Terms, and any dispute brought by you against WWB shall be governed by, construed and resolved in accordance with the laws of England and Wales without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. If any dispute shall arise between you and WWB in connection with or in relation to these Terms the matter shall be resolved by the Courts of England and Wales.
The headings used on these Terms do not restrict their interpretation as they are merely informative of their content.
14. Entire agreement
These Terms constitute the whole legal agreement between you and WWB in connection with your use of the Site, and completely replace any prior agreements, representations, warranties, assurances or discussions related to this regard.
You acknowledge and agree that WWB may assign or transfer any part or the whole of the duties, obligations or rights established in these Terms to an assignee which shall assume them at any time and without providing any notice to you.
16. Contact us
If you have any doubt or queries regarding these Terms or you believe there is an infringement of these Terms, you can contact us or report it by sending an e-mail to [email protected] or a mail to Kineton House, 31 Horse Fair (Banbury-Oxfordshire) OX16 0AE.
Please note that the information you submit to us in your report, may not be kept confidential.
If you make a report of a possible violation to the Terms, WWB may take actions in accordance with these Terms and any applicable law or regulation. You agree that we may give you notices or otherwise respond to you by mail or to your e-mail if you have provided it or in any other manner reasonably elected by us.