Work.Management Terms of Service
EFFECTIVE DATE: August 22, 2019
This terms of service and licence agreement for Work.Management (“Agreement”) sets out the terms governing your use of the Software and Services. By accessing the Websites, you agree to the terms of this Agreement. The Agreement is a legally binding contract between you, either individually or if applicable on behalf of your corporate entity/employer (“you” or “User”) and Work.Management Limited (incorporated in England) with company number 11921488 whose registered office is at 71-75 Shelton Street, London WC2H 9JQ, UK (“us”, “we”, “our” or “Work.Management”) WORK.MANAGEMENT LTD. We offer a variety of team productivity, collaboration, and organisational tools available online, including via a mobile applications (collectively, the “Service”), and websites, including but not limited to www.work.management, app.work.management forms.work.management support.work.management (the “Websites”). If you have any questions about these User Terms of Service (the “Terms”), please email us at email@example.com. We have three different types of users depending on the Work.Management products used:
The purpose of this Agreement is for you to use our service and products using the Websites and Mobile Application Services, in accordance with Work.Management’s rules, guidelines, policies and requirements and together with any other purposes or uses which the parties may agree in writing.
1.1 General. To use the Service and Websites you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If Work.Management has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.
1.2 Location. These Terms are applicable to Users outside of the United Kingdom.
2.1 Account Registration and Confidentiality. In order to access the Website and Services you need to create an account with us. You confirm that the email address and information you use for registration with us is and shall remain true and accurate and complete at all times. We reserve the right to suspend or terminate your account if we reasonably believe that the information you provide to us is not accurate or is not your own. You agree to keep your log-in details confidential and not to share them with anyone else. You accept full responsibility if you fail to do this and your account is accessed by a third party. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorised to make decisions on behalf of the Customer and agree that Work.Management is entitled to rely on your instructions.
The Websites and Services are still in development. Therefore, there may be missing or incomplete features, bugs or errors which may be subject to further testing, development, patches and/or updates in Work Management’s sole discretion. Work.Management does not make any promises, warranties or representations of any kind about (or accept any liability for) the Websites and Services, what they do, how they do it, or about future content. The Websites and Services are provided by Work.Management as is and without warranty or representation, express, implied or statutory, including without limitation warranty as to satisfactory purpose, merchantability, fitness for any particular purpose or availability for use; nor are there any warranties created by course of dealing or course, performance or trade usage. All implied and/or statutory representations, conditions or warranties are excluded to the extent permissible by law.
There may also be times when the Website and Services (or any part of them) are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. Where possible we will try to give notice in advance of any planned downtime via the Website.
We may, but are not obliged to, provide maintenance and support for the Websites and Services. Should you require support in using the Websites and Mobile Application Services we recommend that you use our community forums and comply with any applicable guidelines, which are available via the Website.
If you need to report any error or defect in the Websites and Services or any of the Work.Management Property, please contact us via our community forums (forums.work.management).
Unauthorized Account Use. You are responsible for notifying us at firstname.lastname@example.org if you become aware of any unauthorised use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Work.Management will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorisation, and regardless of whether you have or have not advised us of such unauthorised use. You will be liable for losses, damages, liability, expenses and legal fees incurred by Work.Management or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Work.Management reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
The Service and Websites are owned and operated by Work.Management and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Work.Management and its partners, as well as other sources, and are protected by U.K. copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.
The Service and Websites are also protected as a collective work or compilation under U.K. and global copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by Work.Management and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Work.Management and such others. You agree to notify Work.Management immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorised use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
4.1 User Content and Submissions on the Service. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
4.1.1 Subscriber User Content on the Service. Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. Work.Management maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal court order, request, or other lawful process that meets the requirements of the Customer Agreement; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.
4.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Work.Management and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Work.Management a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Work.Management marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
4.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Work.Management does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Work.Management for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defence and control of such disputes, and in any event, you will cooperate with us in asserting any available defences.
5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites.
Disruption of the Service. You may not:
Misuse of the Service and Websites. You may not utilise the Service and Websites to carry out, promote or support:
User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:
Violations of this Section 5. In addition to any other remedies that may be available to us, Work.Management reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Work.Management should you fail to abide by the rules in this Section 5 or if, in Work.Management’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, Work.Management reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.
Liability. The maximum and total aggregate liability of Work.Management and its affiliates, officers, directors, employees and agents in connection with this Agreement (including but not limited to the Websites and Services) will be an amount equal to the greater of: (i) £100 and (ii) any and all payments from you actually received by Work.Management under this Agreement. Work.Management will not be liable to you whether in connection with this Agreement or any collateral contract, whether caused by Work.Management or another third party, for any damage to property, loss of earnings, profits, charges or expenses, loss or theft of information, loss of data, loss of business, opportunity, reputational loss or harm, or any special, indirect or consequential or punitive loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage. Nothing in this Agreement purports to limit or exclude any party’s liability for fraud, fraudulent misrepresentation or wilful misconduct or exclude or limit liability for death or personal injury caused by that party’s negligence or to the extent otherwise not permitted by law.
Breach of this Agreement by you. If you breach the terms of this Agreement and that breach causes us harm or financial loss then you agree to compensate us for all losses, harm, claims and expenses that we incur in relation to your breach. Without limitation, some examples of breaches that could cause us harm or financial loss are: (i) any unauthorised use by you of Work.Management Property, our confidential information or of Third Party Content; (ii) any actual or alleged claim by a third party of Intellectual Property Rights infringement or unauthorised confidential information usage in connection with the Websites and Services or Third Party Content; and/or (iii) any breach by you of the Terms of Service. Work.Management shall have no liability to you to the extent that any claim is based upon (i) modifications to the Websites and Services made by anyone other than Work.Management; (ii) combination of the Websites and Services with services not provided by Work.Management; (iii) your failure to use modifications to the Software and Services provided by Work.Management to avoid infringement or misappropriation; (iv) use of the Websites and Services by you which breaches Work.Management’s terms and conditions; and (v) matters outside Work.Management’s reasonable control.
The information presented on or through the Service and Websites is made available solely for general information purposes. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance that you place on such information is strictly at your own risk.
You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Service or Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Websites for any reconstruction of any lost data.
The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Work.Management is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Work.Management shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Work.Management reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that Work.Management shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.
Please note that these Terms, and their subject matter and formation, are by English law governed by the courts of England and Wales. However, if you are a consumer and resident of any other European country you will benefit from, and if you are a consumer and resident of any country in APAC or the UAE you may benefit from, any mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on any such local law mandatory provisions and legal rights.
You can contact Work.Management at email@example.com if you have any complaints or disputes about the Services. You and Work.Management shall use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating any legal proceedings or other form of complaint. If we do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued, to the extent permitted by applicable law, all controversies, disputes, demands, counts, claims or causes of action between you and Work.Management arising out of, under, or related to the Services shall be submitted to the exclusive jurisdiction of the courts of England and Wales. However, if you are a resident of any other European country, APAC country or the UAE, you may also bring proceedings in that country.
12.1. No partnership or agency. This Agreement does not create any exclusive relationship between the parties nor any partnership, joint venture, employment or agency between them.
12.2. No waiver. No failure or delay by a party to exercise any right under this Agreement or at law will be a waiver of that right.
12.3. Variation. Any variation of this Agreement must be in writing and signed by the parties.
12.4. Consent to assignment. No assignment, sub-contracting or transfer of this Agreement by either party is possible without the other party’s prior written consent.
12.5. Third parties. Only a party to this Agreement can enforce it (whether under the UK’s Contracts (Rights of Third Parties) Act 1999 or otherwise).
12.6. Severability. If any part of this Agreement is found to be invalid or unenforceable, that will not affect the rest of the Agreement.
12.7. Entire agreement. This Agreement constitutes the whole agreement between the parties and unless otherwise stated herein supersedes all previous agreements between them regarding its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and will have no right or remedy in respect of, any statement, representation, assurance or warranty other than as expressly set out in this Agreement.
12.8. Costs. Each party is responsible for its own costs regarding this Agreement.
12.9. Further assurance. Each party will procure and will use all reasonable endeavours to procure that any necessary third party will, promptly execute and deliver such documents and perform such acts as may reasonably be required to give full effect to this Agreement.
12.10. Governing law and jurisdiction. This Agreement and any dispute or claim in connection with it will be governed by the law of England under the exclusive jurisdiction of the courts of England. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
12.11 Notices. We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: (1) WORK.MANAGEMENT LTD. 71-75 Shelton Street, London WC2H 9JQ; or (2) firstname.lastname@example.org