TERMS OF USE

Terms of use

Please read carefully before using the OSWC Wellbeing Zone Platform

Your organisation or other third party that we refer to in these Terms of Use as the “Customer” has invited you to their dedicated wellbeing platform.  You are an Authorised User on the wellbeing platform. The Customer has separately entered into a Licence Agreement with us that permits the Customer to configure a wellbeing platform so that you and other invited members of your organisation can join (“Authorised User”).

AGREED TERMS

1.    ACKNOWLEDGEMENTS

1.1.    The terms of this agreement (Terms) apply to the Platform or any of the Content accessible through the Platform, including any updates or supplements to the Platform or Content.

1.2.    We may change these Terms at any time by sending you an email with details of the change. You will be told at that point from which date they become effective, so that you have an opportunity to cease using the Platform, should you find them unacceptable.

1.3.    The terms of our privacy policy from time to time, available at www.onsitewellbeing.co.uk./privacy-policy (Privacy Policy) are incorporated into this agreement by reference. Additionally, by using the Platform, you acknowledge and agree that internet transmissions are never completely private or secure.

1.4.    By using the Platform, you acknowledge that participating in activities of a physical nature may carry with it some risks that cannot entirely be eliminated. To limit the risk of personal injury:

1.4.1.    Ensure you have a safe space in which to take part free from any hazards such as wires, furniture, bags, walls, doors and overhead obstructions, children and pets etc.

1.4.2.    Ensure the floor is not slippery and appropriate shoes are worn

1.4.3.    If you have any medical conditions or injuries, or if you are pregnant the activities may not be suitable for you. In case of doubt, you must obtain professional or specialist advice from your doctor before participating.

1.4.4.    If you are feeling unwell, do not participate in the activity.

2.    RESTRICTIONS

Except as expressly set out in this Agreement or as permitted by any local law, you agree:

2.1.1.    not to copy the Platform or Content except where such copying is incidental to normal use of the Platform;

2.1.2.    not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or Content;

2.1.3.    not to provide or otherwise make available the Platform or Content in whole or in part, in any form to any person without prior written consent from us;

3.    ACCEPTABLE USE RESTRICTIONS

You must:

3.1.1.    not use the Platform or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously;

3.1.2.    not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or Content;

3.1.3.    not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or Content;

3.1.4.    not use the Platform or Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; a

3.1.5.    keep confidential and not share with any third party any ‘PIN’, ‘ID’ or similar password (if applicable) that you are provided with to facilitate your access to the Platform or Content;

4.    INTELLECTUAL PROPERTY RIGHTS

4.1.    You acknowledge that all intellectual property rights in the Platform or Content anywhere in the world belong to OSWC or our collaborators, and that you have no rights in, or to, the Platform or Content other than the right to use each of them in accordance with the terms of this Agreement.

5.    LIMITATION OF LIABILITY

5.1.    The content of the Platform is intended to provide general information that you may use to become more knowledgeable about managing your general wellbeing; it is not a substitute for professional medical advice, diagnosis or treatment of a particular condition. Your use of any information we provide is entirely at your own risk.

5.2.    In the absence of any negligence or other breach of duty by OSWC, participation in any activity on the platform is entirely at your risk.

6.    TERMINATION

6.1.    We may terminate this Agreement immediately by written notice to you if you:

6.1.1.    commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within fourteen (14) days after the service of written notice requiring you to do so; or

6.1.2.    breach any of the Restrictions or the Acceptable Use Restrictions.

6.2.    On termination for any reason:

6.2.1.    all rights granted to you under this Agreement shall cease;

6.2.2.    you must immediately cease all activities authorised by this Agreement, including your use of any Content;

7.    COMMUNICATION BETWEEN US

7.1.    If you wish to contact us in writing, or if any clause in this Agreement requires you to give us notice in writing, you can email us at info@onsitewellbeing.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.    OTHER IMPORTANT TERMS

8.1.    Each of the clauses of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

8.2.    Please note that this Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute arising under this Agreement.

 

This Agreement has been entered into on the date that you completed the sign up form.

Version 1

17th Dec 2020

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