Workplace Wellbeing Challenge
Terms & Conditions (01/01/21)
Interpretation
The headings in this agreement are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Law and jurisdiction
This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Entire agreement
The terms within this agreement apply to the exclusion of any other terms, or anything which is implied by trade, custom, practice or course of dealing.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on Our behalf.
No amendments to the Order Form or Agreement are accepted by Us and any amendments made shall have no force or effect.
Definitions
‘You’ or ‘Your’: the individual participating in the Challenge
‘We’ or ‘Us’ or ‘Our’: Workplace Wellbeing Challenge Limited, a company registered in England and Wales under number 12427771.
‘Agreement’: the document titled ‘Workplace Wellbeing Challenge Terms & Conditions (01/01/2021)’.
‘Online Guide’: the website located at the URL: https://www2.wellbeingchallenge.uk
‘Content’: any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Online Guide, including any such information uploaded by any user of the Online Guide.
‘Challenge’: the programme outlined in the Online Guide.
'Employer’: The individual or legal entity who has a right to provide to their Employees access to the Challenge and Online Guide by virtue of an agreement between Us and the Employer.
‘Employee’: any and all contingent (zero-hours), part-time, full-time, fixed-term, temporary, permanent, hourly-paid and/or salaried employees or workers currently employed the Employer.
‘Start Date’: the date we advise You that Your Challenge will start.
Commencement
This Agreement will commence immediately upon You first accessing the Online Guide or actively participating in the Challenge, whichever is sooner.
Medical Disclaimer
If You are concerned about Your health in any way or have any physical and/or mental health condition(s), you must speak to and follow the advice of Your GP or other appropriately qualified healthcare professional before completing any activity within the Challenge.
The general information provided to You either via the Online Guide or by any person supporting You during the Challenge is not medical advice and You must not treat it as such.
You must not delay seeking medical advice because of any information provided to You via the Online Guide or by any person supporting You during the Challenge.
If You experience any adverse effect(s) while completing any activity within the Challenge, You must immediately stop participating and speak to and follow the advice of Your GP or other appropriately qualified healthcare professional. In the event of a life-threatening physical or mental health emergency, always call 999.
You must follow in full all of the activity-specific warnings provided to You via the Online Guide, regardless of any information You are provided by any person supporting You during the Challenge.
Your Participation in the Challenge
You must be 18 years old or over to take part in the Challenge.
You must not complete the challenge without creating an account and following the instructions provided to You in the Online Guide.
You must use the email address provided to You by Your Employer when creating Your account in the Online Guide.
You must not share Your login credentials for the Online Guide with anyone else.
You must not access the Online Guide or participate in the Challenge if Your current Employer does not have a right to provide to their Employees access the Online Guide or Challenge by virtue of an agreement between Us and Your Employer.
We may suspend, exclude and remove either temporarily or permanently any and all access You have the Online Guide or Challenge if, in Our absolute discretion, We believe You have committed or may commit any breach of any term or condition of this Agreement or have or are likely in any way to negatively impact the experience of any other person using the Online Guide and/or participating in the Challenge.
Intellectual property
We reserve all copyright and any and all other intellectual property rights which may subsist in any and all Content and materials we provide to You in connection with the Challenge, either via the Online Guide or otherwise.
All Content contained within the Online Guide is the property of Workplace Wellbeing Challenge Limited, our affiliates or other relevant third parties.
Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any rights in any Content we provide or make available to You, except insofar as we grant a temporary, non-transferrable and non-exclusive license to the Content and materials contained within the Online Guide, solely for the purposes of allowing You to participate in the Challenge and only for a period of 12 weeks commencing from the Start Date.
You must not reproduce, modify, copy, summarise, share, distribute or use for any commercial purposes any Content contained within the Online Guide.
We reserve the right to take any appropriate action to restrain or prevent the infringement of Our intellectual property rights.
Changes to Our Content
We may upgrade, amend, alter, adjust, improve, correct, interrupt, delay, suspend or cancel without notice any and all Content contained in the Online Guide or otherwise provided to You during the Challenge at any time and for any reason or complete any changes which are necessary to comply with any applicable law or safety requirement.
Sub-contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under this agreement and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of Your rights or obligations under this agreement.
Limitation of liability
Our liability under this Agreement, in breach of contract or statutory duty or in tort, misrepresentation or otherwise, shall be limited as set out in this section.
You agree to use the Online Guide and participate in the Challenge entirely at Your own risk and that We, Your Employer and any person providing support to You in connection with Your use of the Online Guide or participation in the Challenge are not responsible in any way for any harm or loss You may suffer or incur, either directly or indirectly as a result of You accessing, using or otherwise interacting with the Online Guide or completing in any way any part or all of the Challenge.
Nothing in this Agreement shall limit or exclude Our liability for death or personal injury caused by Our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Severance
If one or more of the terms within this agreement is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of this Agreement (which will remain valid and enforceable).
Data protection
When accessing the Online Guide, We may gain access to and/or acquire the ability to transfer, store and/or process personal data about You, such as Your name, work email address, IP address, health measurements and any other information You provide while using the Online Guide.
We shall only process and retain Your personal data to the extent reasonably required to enable Us to supply, evaluate and develop the Online Guide and Challenge or as required by operation of law.
We shall not disclose personal data to any third parties other than Our employees, directors, agents, sub-contractors, service providers or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in this agreement, or to the extent required by applicable legislation and/or regulations.
Further information about Our approach to data protection is specified in Our privacy policy.
No waiver
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy, nor stop further exercise of any other right, or remedy.