1. Who we are
The App to which this End User Licence Agreement relates is provided by Work Angel Technology Limited (we, us or our). Our registered company number is 08223675 and our registered address is at The Glassmill, 4th Floor, 1 Battersea Bridge Road, London SW11 3BZ.
2. End User Licence Agreement
2.1 This End User Licence Agreement sets out the basis on which the App that we make available for download either from the Website or from a third party App store. By downloading, accessing or using the App you:
a) agree to be bound by this End User Licence Agreement; and
b) enter into a binding agreement with us on the basis of this End User Licence Agreement.
2.2 We may change this End User Licence Agreement from time to time. We shall notify you by email whenever we revise this End User Licence Agreement and will tell you when the revised End User Licence Agreement is to take effect. If you continue to use any of the Services after any such revisions take effect then you will be taken to have agreed to the revised End User Licence Agreement. If we make significant changes, we may require you to expressly indicate your acceptance of such changes the next time you log into your Account, in which case you will not be able to continue using the Services until you have done so.
2.3 This End User Licence Agreement will also govern any software upgrades and or updates we provide, unless such upgrades or updates are accompanied by a new licence, in which case the terms of that licence will apply.
2.4 This End User Licence Agreement was last updated on 27th August 2015.
2.5 A glossary of the defined terms used in this End User Licence Agreement can be found at the end of this End User Licence Agreement.
3. Other applicable terms
In addition to this End User Licence Agreement, the following additional terms also apply to your use of our Website, App and Services (and are, where relevant, incorporated by reference into this End User Licence Agreement):
a) our User Terms;
c) our Privacy and Cookies Policy;
d) our Support and Maintenance Terms; and
e) any terms and conditions that may be applied by your Employer (please ask your Employer for details).
4. What we do
4.1 We provide employee communication, cashback and rewarding recognition services deployed in the cloud and which may be accessed through this App or this Website (Services). The Services permit you:
a) if enabled by your Employer, to communicate certain information with fellow Users;
b) if enabled by your Employer, to give and obtain recognition to or from other Users;
c) to access a variety of dining, online shopping, local, in-store shopping and gift card deals;
d) to obtain commission from us on the terms set out in this End User Licence Agreement (Cashback) when completing qualifying transactions on the website of a Retailer.
4.2 We may change the features contained in the Services from time to time. We do not guarantee that any particular content will be made available as part of the Services either via the App or the Website.
5. Access to the App
5.1 The App may only be downloaded, accessed and used on a device owned or controlled by you or your employer and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any App you wish to download and to access and use each downloaded App.The App may only be downloaded, accessed and used on a device owned or controlled by you or your employer and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any App you wish to download and to access and use each downloaded App.
5.2 We may restrict download of an App from the Website or access to certain features, functions or content of an App downloaded from any third party App store, to Users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to use the relevant features, functions or content of an App downloaded.
5.3 Please see our User Terms for further information Registering an Account.
5.4 We do not guarantee the continuous, uninterrupted or error-free operability of any App or that any App will perform at a certain speed (since this depends on a number of factors outside our control).
5.5 We reserve the right to withdraw or suspend the operation of any App, or cease to provide and/or update content to any App, with or without notice to you, if we need to do so, including, without limitation, for security, legal or business reasons.
6. What you are allowed to do
6.1 You may only use any App in accordance with these terms, for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
6.2 Subject to the following sections, you may retrieve and display content from any App on a computer or mobile device and store that App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of any App and, where they apply, will be displayed before you access the relevant features, parts or content.
7. What you are not allowed to do
7.1 Except to the extent expressly set out in these terms, you are not allowed to:
a) republish, redistribute or re-transmit any App;
b) copy or store any App other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of your browser or mobile device;
c) store any App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from any App;
d) remove or change any content of any App or attempt to circumvent security or interfere with the proper working of any App or any servers on which it is hosted;
e) use any App in a way that might damage our name or reputation or that of any of our affiliates; or
f) otherwise do anything that it is not expressly permitted by these terms.
7.2 All rights granted to you under these terms will terminate immediately in the event that you are in material breach of any of them.
7.3 Please see our User Terms for further detail on Posting Content using the App.
8. Third party service providers and App stores
8.1 Certain third party service providers with whose devices and/or operating systems our Apps have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party service providers, not us.
8.2 Third party App stores are operated by the relevant third party service providers and/or its affiliates. We are not responsible for these stores or (with the exception of our Apps) for anything provided by them and do not guarantee that they will be continuously available.
9. Intellectual Property Rights
9.1 We license, but do not sell, to you any App you download. We remain the owners of all App at all times.
9.2 The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that any App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any App and the relevant Open Source Licence Terms will be made available to you upon request
10. Functionality and content
10.1 You agree that downloading, accessing and use of any App that is made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at your sole risk.
10.2 We reserve the right to change the design, features and/or functionality of any App by making the updated App available for download. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of Apps.
10.3 Where an App makes content available, you acknowledge that such content may be updated at any time.
10.4 Whilst we try to make sure that content made available by any App consisting of information of which we are the source is correct, you acknowledge that certain Apps may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by any App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
10.5 Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of any App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of any App.
10.6 We cannot and do not guarantee that any App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any App and its content.
11. Data Protection and Privacy
Use of your personal information submitted to us (whether via any App or the Website) is governed by our Privacy and Cookies Policy.
12.1 For further detail relating to the terms of your use of the App and our Services please see our User Terms and in particular the following sub-headings of those terms:
a) Registering an Account;
d) Posting Content;
e) External Links;
f) Availability and operation of the Services, Website and the App;
g) Intellectual Property Rights;
h) Our liability; and
i) Closing your account.
12.2 You may not transfer or assign any or all of your rights or obligations under these terms.
12.3 All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions.
12.4 If we fail to enforce any of our rights, that does not result in a waiver of that right.
12.5 If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
12.6 These terms may not be varied except with our express written consent.
12.7 This End User Licence Agreement and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
12.8 This End User Licence Agreement and our other terms incorporated by reference shall be governed by English law and you agree that any dispute between us regarding this End User Licence Agreement will be subject to the exclusive jurisdiction of the English courts.
13. Contacting us
Please submit any questions you have about this End User Licence Agreement or any problems concerning the Website and App and their use to us by the following means:
- via the website
- by email at firstname.lastname@example.org
- by post to Work Angel Technology Limited, The Glassmill, 4th Floor, 1 Battersea Bridge Road, London SW11 3BZ
Glossary of defined terms used in this End User Licence Agreement
The account of a User who has registered to use the Services.
Our application available for download from third party App Stores or as a mobile web application on the Website.
Defined in clause 4.1(d)
Your employer (or entity which has retained you in some other capacity as may be applicable) who has subscribed for the Services.
End User Licence Agreement
These terms (together with any other terms incorporated into them by reference).
Open Source Software
Defined in clause 9.2.
Open Source Licence Terms
Defined in clause 9.2.
A retailer or service provider selected by us, and where access to the website of the retailer or service provider is provided via a link on our Website.
Defined in clause 4.1
A user who registers an Account to use the Services provided by us upon our User Terms.
we, us or our
Work Angel Technology Limited.
you or your
The individual using our App and Services under this End User Licence Agreement.
Additional terms from third party service providers
If any App that you download, access and/or use runs on Apple’s iOS operating system:
- that App may only be accessed and used on a device owned or controlled by you or your employer and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
- you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to that App. If you have any maintenance or support questions in relation to that App, please contact us, not Apple, using the Contacting us details in this End User Licence Agreement;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of that App are between you and us (and not between you, or anyone else, and Apple);
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of that App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
- you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
- you are not listed on any United States Government list of prohibited or restricted parties; and
- if that App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that App or as a result of you or anyone else using that App or relying on any of its content.