Terms of Use

Before using this Website or App, you must register an Account with us and agree to our Terms of Use – please read them carefully and print a copy for your records. These Terms of Use constitute a legally binding agreement between you and LifeWorks. 

See the glossary of defined terms at the end of the Terms of Use. 

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LIFEWORKS  
TERMS OF USE 

 
 

Section 1. WHO WE ARE 

The Websiteand Appthat are governed by these Terms of Use are the ultimate property of LifeWorks Inc., a corporation organized under the laws of Ontario, Canada.  LifeWorks Inc. owns and operates the LifeWorks business through its subsidiaries in various countries including without limitation Canada, the United States, the United Kingdom and Australia. For purposes of these Terms of Use, unless otherwise provided in these Terms of Use, the Website and App are deemed to be owned and operated by LifeWorks (Canada) Ltd., a Canadian federal corporation (referred to as “LifeWorks", “we”, “us” or “our” in these Terms of Use).  LifeWorks is a wholly owned subsidiary of LifeWorks Inc. and our primary business address is 16 York Street, Suite 3300, Toronto, Ontario, M5J 0E6 Canada.  If you are accessing our Website or App from outside of Canada please refer to Appendix 3 of these Terms of Use for more information about additional terms and conditions that may be applicable to you. 

Section 2. TERMS OF USE 

2.1          These Terms of Use set out the basis on which we provide our Services via our Website and App to the following types of Users: 

  • Individual Users who receive access to our products and services through their Sponsoring Organizations (“Sponsored Users”). Sponsored Users include, but are not limited to (a) employees who receive access to the Services through their employers or insurers, (b) plan sponsor beneficiaries who receive access to the Services through their plan sponsor, (c) labor union, trade organization or trade association members who receive access to the Services through their membership in such labor unions, trade organizations, or trade associations, and (d) students who receive access to the Services through their sponsoring educational institutions (e.g. universities and colleges). 
  • Spouses, children, household dependents and other related individuals of Sponsored Users (“Dependent Users”), provided that such individuals are valid Dependent Users under the SPO Agreement applicable to the relevant Sponsored User. 
  • Sponsoring Organizations (as account administrators) who are direct customers of LifeWorks and who offer our Services directly to their Sponsored Users, or who receive access to our Services from third-party resellers (such as insurance companies) who provide their Sponsoring Organization customers with individual administrator account privileges (collectively, “SPO Administrators”). 
  • Insurers or other resellers of our Services who (a) offer our products and services to their Sponsoring Organization customers (who in turn offer the Services to their Sponsored Users), but (b) do not provide their Sponsoring Organization customers with individual administrator account privileges (“Pass-Through Administrators”). 

In these Terms of Use, Sponsored Users, Dependent Users, SPO Administrators and Pass-Through Administrators are individually and collectively referred to as “Users,” “you,” “your,” and other similar words where the context requires such generic terms.  Other defined terms are listed in Appendix 1 at the end of these Terms of Use.  Certain terms we are required to disclose to you from our third-party vendors are set forth in Appendix 2. 

2.2          By registering an Account to use our Services via this Website or App you agree to be bound by these Terms of Use. You may use the Website and App (a) only in accordance with these Terms of Use, (b) only for their intended purposes, (c) only in accordance with all applicable laws and regulations, and (d) only in a responsible manner. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE OR APP AND YOU WILL NOT RECEIVE THE SERVICES AVAILABLE THROUGH THE WEBSITE OR APP.  IF, AT ANY TIME AFTER AGREEING TO THESE TERMS OF USE, YOU FAIL TO COMPLY WITH THESE TERMS OF USE, WE RESERVE THE RIGHT TO SUSPEND AND/OR TERMINATE OUR SERVICES AND RESTRICT OR CANCEL YOUR ACCOUNT AND YOUR ACCESS TO OUR WEBSITE AND APP WITHOUT NOTICE. 

2.3          If you are registering as an administrator for an Account on behalf of a Pass-Through Administrator, you are deemed to be agreeing to these Terms of Use both on your own behalf and on behalf of your Users.  If you are registering as an administrator for an Account on behalf of a SPO Administrator, you are deemed to be agreeing to these Terms of Use both on your own behalf and on behalf of your Users. In either case, by making such a registration, you warrant that you, individually, are a duly authorized representative of a Pass-Through Administrator or a SPO Administrator and that you, individually have the power and authority to bind both you and your Pass-Through Administrator or SPO Administrator (as applicable) by accepting these Terms of Use and any other terms and policies we may require you to accept in connection with the Services. 

2.4          We reserve the right to update or amend these Terms of Use from time to time. Updates and amendments to these Terms of Use are effective upon posting by us on the Website or App and your continued use of our Services and the Website or App shall constitute your automatic acceptance of such updates and amendments. For information purposes only, we shall also endeavor to notify you by email whenever we materially update or amend these Terms of Use; however, any failure by us to so notify you shall not change the binding nature of the updated or amended Terms of Use. We may also, in certain circumstances, require you to expressly indicate your acceptance of certain updates or amendments when you log into your Account (or, in the case of SPO Administrators or Pass-Through Administrators, when your authorized administrator logs into your admin Account), in which case you will not be able to continue using the Services until you have done so. 

Section 3. ADDITIONAL TERMS INCORPORATED BY REFERENCE 

The following terms, and any subsequent amendments thereto, also form part of these Terms of Use and are, where relevant, incorporated by reference: 

(a)      our Website Terms of Use (a current copy of which is available at www.lifeworks.com); 

(b)           for Pass-Through Administrators and SPO Administrators, our SPO Agreement with you or, if applicable, the terms of service between you and any third-party provider or reseller of our Services to you; 

(c)            for Sponsored Users, any terms and conditions that may be applied to you by your Sponsoring Organization (please ask your Sponsoring Organization for details); and 

(d)           any amendments, modifications or updates made to the foregoing from time to time. 

 

Section 4. SERVICES, WEBSITE AND APP 

4.1          We provide traditional employee assistance program services (including counselling services), health and wellness education and content services, community based communication services, perks and savings programs (including rewards, incentives, cashback opportunities, discount programs, gift cards and other consumer retail offers), and community recognition services, most of which are deployed in the cloud, and all of which may be accessed through our Website or our App (the “Services”). Sponsoring Organizations contract with us to choose the Services that will be available to their Sponsored Users, and your Account will allow you to access only those Services chosen by your Sponsoring Organization.  In general, our Services allow you to do the following (if enabled by your Sponsoring Organization): 

(a)           access a variety of resources and tools to help you (and your dependents if applicable) manage personal issues at work or at home, including the EAP Services described in these Terms of Use; 

(b)           access a variety of dining, online shopping, local, in-store shopping and gift card deals; 

(c)           obtain a cash-like credit from us (which may be withdrawn or applied to offers on our Website or App) upon completion of a qualifying transaction with a participating Retailer in accordance with Section 9 of these Terms of Use (“CashBack”); 

(d)           receive Rewards allocated to you by your Sponsoring Organization in recognition of an achievement or other activity relating to your employment (as more fully described in Section 10 of these Terms of Use), which may be redeemed by you in accordance with Section 10 (a “Spot Reward”); 

(e)           achieve Rewards by participating in our wellbeing programs and offerings (as more fully described in Section 10 of these Terms of Use), which may be redeemed by you in accordance with Section 10 (a “Wellbeing Reward”); 

(f)            unlock different tiers of Perks by achieving points in our Wellbeing programs and offerings, which may lead to CashBack or Wellbeing Rewards (as more fully described in Section 10 of these Terms of Use); 

(g)           communicate certain information with fellow Sponsored Users, including by giving and receiving recognition to or from other Sponsored Users in accordance with Section 12 of these Terms of Use; 

(h)           access health and wellness resources, including but not limited to our interactive Health Risk Assessment and behavioral modification programs, described in Section 10.4 and other resources described in Section 13.1 of these Terms of Use. 

Particular provisions relating to these Services, including restrictions and limitations applicable to these Services, are further described in these Terms of Use. 

4.2          Your access to and use of the Website or App is made available on an ‘as is’ and ‘as available’ basis at your sole risk. We do not warrant to you that your access to and use of the Website or App will be uninterrupted or error-free, to the extent permitted by applicable law. 

4.3          We (or your Sponsoring Organization) may change or cease to offer certain features or programs forming part of the Services from time to time and without notice. We do not warrant to you that any particular content will be available as part of the Services either via the Website or the App, to the extent permitted by applicable law. 

4.4          We reserve the right to change the design, features and/or functionality of the Website and/or App and we may make available updates or replacement versions of the App for download. You are not obliged to download any updates or replacement versions of the App, but we may cease to provide or update content to prior versions of the App. 

4.5          The App may only be downloaded, accessed and used on a device owned or controlled by you or your Sponsoring Organization and running the relevant operating system for which, the App was designed, so it is your obligation to make sure that you have a compatible device that meets all of the necessary technical specifications to enable you to download, access and use the App and its various features. 

Section 5. REGISTERING AN ACCOUNT 

5.1          In order to use the Services, you must register a valid Account and: 

(a)           you are an individual; 

(b)           you represent and warrant that you have attained at least the age at which you are capable of being legally bound by these Terms of Use under the applicable laws of your country. If you are underage and want to access our Services, your parent or guardian needs to contact LifeWorks to consent to be legally bound by these Terms of Use. If at any time LifeWorks becomes aware that you are underage and the consent of your parent or guardian has not been obtained, we reserve the right, at our sole discretion, to suspend or terminate your Account; 

(c)           to the extent that you are a parent or guardian, and you nominate your child/ward to utilize the Services, you represent and warrant that your child/ward complies with these Terms of Use; 

(d)           you are at least 18 years old if you will be processing a credit card payment, withdrawing any CashBack or redeeming any Rewards; 

(e)           at all times, you are eligible to use our Services pursuant to the terms and conditions in your Sponsoring Organization’s SPO Agreement; 

(f)           you agree to comply with these Terms of Use for as long as your Account is open; and 

(g)           you ensure the information in your Account (including in your profile) is accurate and updated regularly with any relevant changes. 

5.2          You must sign up directly with us (either via our Website or App) in order to be able to use the Services. When signing up, you must provide: 

(a)           your full legal name; 

(b)           a valid and subsisting email address; 

(c)           any other information reasonably requested by us as part of the sign-up process (such as a unique employee identification number, student identification number or membership identification number, if requested). 

5.3          You warrant that all information you provide to us when registering an Account is true and accurate. You must advise us if any of the information that you have provided to us in connection with your Account changes at any time during the term of these Terms of Use. 

5.4          We reserve the right in our absolute discretion to refuse to register any prospective User if that prospective User refuses to provide any details requested pursuant to these Terms of Use or we have reason to believe that any details that are provided are deliberately false or otherwise inaccurate. 

5.5          In establishing an Account, you must create a Username (which will be your email address) and password which must comply with our security requirements (which may involve a single-sign-on service feature authorized by your Sponsoring Organization). Your Account is personal and non-transferrable, and you must keep your Username and password confidential at all times. You are responsible for any abuse or misuse of your Account and you must immediately report to us any actual or suspected abuse or misuse of your Account. We reserve the right to suspend or terminate your Account at any time, including for security purposes. 

5.6          You may have only one Account; registration of secondary Accounts will be grounds for termination of all Accounts connected to you or beneficially controlled by you and we reserve the right to terminate any benefits accumulated by you or for your benefit in connection with any such Accounts without transfer or consolidation before termination.  

5.7          Notwithstanding anything to the contrary in these Terms of Use, if you deliberately provide any inaccurate or misleading information to us, or you conduct or facilitate any fraudulent, criminal, abusive or inappropriate activity via our Website or App, we may suspend or terminate your Account without notice and you may lose any amounts in your CashBack Wallet or your Rewards Account. IN ADDITION, IF YOU CONDUCT OR FACILITATE ANY FRAUDULENT, CRIMINAL, ABUSIVE OR INAPPROPRIATE ACTIVITY VIA OUR WEBSITE OR APP, WE RESERVE THE RIGHT TO DISCLOSE SUCH ACTIVITIES TO YOUR SPONSORING ORGANIZATION AND APPROPRIATE AUTHORITIES, INCLUDING YOUR SPECIFIC INVOLVEMENT IN ANY SUCH ACTIVITIES. 

5.8          Some SPO Agreements do not allow the creation of Dependent User Accounts.  In certain circumstances, our SPO Agreement with your Sponsoring Organization may require Dependent Users to create limited or restricted Accounts.  With a limited or restricted Account, the associated Dependent User will be unable to access some features or Services otherwise available to the Sponsoring Organization’s Sponsored Users.   

Section 6. USERS OUTSIDE THE TERRITORY; EXPATRIATE USERS 

6.1          The Services (including the Website and App) are designed and intended for your access and use within the Territory identified in your Sponsoring Organization’s SPO Agreement.  Therefore, the Services available to Users within the Territory may be unavailable or may not work properly for Users outside of the Territory. Your Sponsoring Organization can identify the Territory for you or you may contact us via the Website and/or App.  You acknowledge and agree that to the extent permitted by applicable law: 

(a)           we give no warranty that any Users located outside the Territory will be capable of accessing or using all or any of the Services or the Website and/or App; 

(b) we give no warranty that the Services, Website or App comply with any law or regulation applicable outside the Territory; and 

(c)           we shall have no liability to you for any loss, damage, cost or expense suffered, incurred or paid by you as a result of any claim that the Services, Website or App do not perform or function in accordance with these Terms of Use in the relevant location outside the Territory or that the Services, Website or App do not comply with any law or regulation applicable outside the Territory and any such failure to perform and/or function shall not constitute a breach of these Terms of Use. 

6.2          If you are an expatriate of your Sponsoring Organization or otherwise reside (temporarily or permanently outside of the Territory): 

(a)           you may obtain more information about the availability of and your access to the Website and/or App by contacting us or your Sponsoring Organization; 

(b)           your use and access of the Website or App will be deemed by you and us to have been made from within the Territory, subject to any additional provisions applicable to you set forth in Appendix 3 to these Terms of Use; and 

(c)           except for offers available through our third-party vendors and partners (such as Retailers), or where otherwise prohibited by law or regulations applicable outside of the Territory, we shall use good faith commercially reasonable efforts to make all of the Services available to you depending on availability of those services in the Country you are in. 

Section 7. DATA PROTECTION AND PRIVACY 

7.1          These Terms of Use, as well as our Website Terms of Use, our Privacy Policy  (each of which is available at www.help.lifeworks.com, as the same may be amended from time to time) govern our collection, confidentiality obligations, use, disclosure, retention, and destruction of any Personal Information you submit to LifeWorks via the Website and/or App, including any Personal Information you generated by your use of the Services.  Please review and refer to our Privacy Policy as it contains important information you should know about your data and other Personal Information about you.   

7.2          SUBJECT TO APPLICABLE LAW, YOU MAY WITHHOLD YOUR CONSENT TO OUR COLLECTION, USE, PROCESSING, DISCLOSURE, RETENTION AND/OR DESTRUCTION OF YOUR PERSONAL INFORMATION BY CHOOSING TO NOT REGISTER AN ACCOUNT AND THEREFORE NOT ACCESSING ANY OF THE SERVICES. ONCE YOU HAVE GIVEN YOUR CONSENT TO LIFEWORKS, YOU MAY WITHDRAW YOUR CONSENT IN WHOLE OR IN PART AT ANY TIME BUT ANY WITHDRAWAL OF YOUR CONSENT WILL AFFECT THE SERVICES THAT LIFEWORKS IS ABLE TO PROVIDE TO YOU, AND MAY LIMIT YOUR ABILITY TO USE FEATURES ON THE WEBSITE AND/OR THE APP. IF YOU WITHDRAW YOUR CONSENT ENTIRELY WE MAY TERMINATE YOUR ACCOUNT IMMEDIATELY. 

7.3          EXCEPT WHERE PROHIBITED OR LIMITED BY LAW, BY CREATING AN ACCOUNT AND AGREEING TO THESE TERMS OF USE, YOU RELEASE LIFEWORKS FROM ANY AND ALL LIABILITY ARISING FROM OUR COLLECTION, USE, DISCLOSURE, PROCESSING, RETENTION AND/OR DESTRUCTION OF YOUR PERSONAL INFORMATION PURSUANT TO THESE TERMS OF USE AND IN OUR PRIVACY POLICY (A CURRENT COPY OF WHICH IS AVAILABLE AT WWW.LIFEWORKS.COM). 

Section 8. RETAILERS 

8.1          We may, as part of the Services, provide (via the Website or App) links to the websites of one or more participating Retailers of products or services. The number and identity of the Retailers may change from time to time, at our discretion, and the participation of any Retailer shall not be deemed to be an endorsement of such Retailer by us. By following web links on our Website or App you may choose to purchase goods or services or obtain a Reason Code for redemption against purchases from the Retailers concerned. Any purchases that you make from a Retailer will be subject to their terms and conditions and it is your responsibility as a consumer to carefully review those terms and conditions.  With respect to Retailers, you acknowledge and agree that: 

(a)           we shall not be responsible for any act or omission of a Retailer; 

(b)           we do not endorse the goods or services made available by a Retailer and it is your responsibility to satisfy yourself as to the quality and suitability of such products or services, the specific terms of their sale and the reliability and creditworthiness of the Retailer; 

(c)           any information appearing on the Website or the App regarding a Retailer (the “Retailer Information”) is provided by that Retailer, constitutes a representation by that Retailer, and is the sole responsibility of that Retailer; 

(d)           we are not responsible for any Retailer Information; 

(e)           if you choose to purchase goods or services or obtain a Reason Code for redemption against purchases from a Retailer: (1) your purchase will be pursuant to contract between you and the Retailer alone, on the terms agreed between you and the Retailer; and (2) LifeWorks shall not be a party to such contract and neither shall we be responsible in any way for ensuring the Retailer’s performance under that contract or for the quality or safety of any goods or services you receive from that Retailer, including pursuant to that contract; 

(f)            our obligation to pay any CashBack to you relating to your purchase of eligible goods or services from a Retailer shall be dependent on the Retailer first paying us the applicable Retailer Commission (see Section 9.1 of these Terms of Use) and we shall not be responsible or liable to you for ensuring payment to you (or assuming responsibility to cover any non-payment to us) of the applicable Retailer Commission from the Retailer to us (although this does not alter or limit our express obligation under these Terms of Use to pay you the applicable CashBack arising from a Retailer Commission that has actually been paid to us in cleared funds); and 

(g)           in the event of any problem with any product or service purchased by you from a Retailer, all queries and disputes relating to such defective products or services should be directed to the Retailer concerned except for queries relating solely to CashBack, which should be directed to LifeWorks by emailing us at support@lifeworks.com. 

Section 9. CASHBACK (APPLICABLE ONLY WHERE AVAILABLE IN YOUR COUNTRY AND SUBSCRIBED TO BY YOUR SPONSORING ORGANISATION) 

9.1          When using the Website or the App, you will be able to see the amount of CashBack available for a particular transaction with a Retailer. The amount of CashBack available will vary from time to time and will be dependent upon the specified transaction. CashBack payable by us to you in relation to any qualifying transaction entered into by you with a Retailer represents a portion of the amount payable to us (our “Retailer Commission”) by or on behalf of the relevant Retailer under the terms of the agreement between us and the Retailer (or its subcontractors) with respect to the qualifying transaction between you and that Retailer. Our obligation to pay CashBack to you is entirely set forth in these Terms of Use and no other document or instrument. 

9.2          We will notify you and credit your CashBack Wallet when we receive the Retailer Commission from the applicable Retailer with respect to the qualifying transaction between you and that Retailer. Once you have been notified that you have CashBack available to you, you may withdraw CashBack by notifying us in accordance with these Terms of Use and by following the instructions on the Website or App; provided, however, that your CashBack Wallet must hold at least $5.00 (the “Minimum Amount”) prior to any withdrawal.  While CashBack amounts may vary, the minimum amount of CashBack you may withdraw is the Minimum Amount. 

9.3          All CashBack Wallet withdrawals shall be paid to a valid PayPal account designated by you or such other payment or redemption options as we may offer to you from time to time in our sole discretion; provided, however, that we reserve the right to charge a withdrawal fee if we offer any method of withdrawing cash from your CashBack Wallet.  You will be notified of such withdrawal fees before you are charged. When requesting a withdrawal, you must provide details of the PayPal account or other redemption account where you wish to receive your CashBack withdrawals (your “CashBack Preference”). You may withdraw some or all of the available CashBack in your CashBack Wallet using your CashBack Preference at any time subject to the provisions of this Section 9. If enabled as part of your Account specifications, you may also choose to withdraw CashBack automatically. It is your responsibility to ensure that your CashBack Preference is in good standing and able to receive CashBack withdrawals (including automatic withdrawals) while your Account is active.  YOU ACKNOWLEDGE THAT IF YOU PROVIDE INCORRECT DETAILS FOR YOUR CASHBACK PREFERENCE, ANY PAYMENTS TO THAT NOMINATED ACCOUNT CANNOT BE REISSUED AND SHALL BE DEEMED BY US TO HAVE BEEN PAID IN FULL. 

9.4          You acknowledge and agree that CashBack will only be available in relation to (a) certain purchases designated by a Retailer where you complete the relevant purchase online by visiting that Retailer’s website directly via the applicable link from the Website or App, (b) certain purchases of gift cards via the applicable link from the Website or App, or (c) where otherwise expressly detailed against a particular deal on the Website or App. 

9.5          No CashBack will be available or payable to you (and, if the applicable Retailer Commission is paid to us, shall be forfeited to us) where: 

(a)           your CashBack account does not hold at least the Minimum Amount; 

(b)           your purchase is made by any other means (including purchases made by phone or mail or by accessing the Retailer’s website other than by means of the applicable web-link embedded on the Website or App); 

(c)           your transaction is cancelled for any reason after it has been entered into, including by the Retailer, and including circumstances in which the applicable goods are returned to the Retailer; 

(d)           your purchase is made fraudulently by you or on your behalf, or for the benefit of anyone other than you as the rightful User with respect to such transaction; 

(e)           we or the Retailer have reasonable grounds to suspect that your purchase has been made fraudulently; 

(f)            in our sole discretion, we deem the CashBack to have been attributed to you in error; 

(g)           your Account has been inactive for at least 12 months; 

(h)           we discover that you do not, or have ceased to, satisfy the qualifying criteria set out in set out in Section 5.1 of these Terms of Use; or 

(i)            your Account is deactivated for any reason (including when the SPO Agreement expires, or when we or your Sponsoring Organization terminates the SPO Agreement for any reason) and you have failed to claim the CashBack remaining in your CashBack Wallet within the time limit set out in Section 21.5 of these Terms of Use. 

9.6          We may provide functionality that allows you to link a particular credit card or debit card to your Account, and qualifying transactions with Retailers made using that card may trigger specific CashBack deals which shall be notified to you through the Website or App. It is your responsibility to ensure that only authorized individuals use a credit card or debit card linked to your Account. 

9.7          You acknowledge and agree that: 

(a)           tracking amounts that should be credited to your CashBack Wallet requires us to rely on third-party systems used by the Retailer over which we have no control, and which necessitates our sharing at least some of your Personal Information with Retailers (including via such third-party systems); and 

(b)           your entitlement to CashBack may be affected (and, in some cases, prevented altogether) by certain settings or software products installed on your computer or mobile device which prevent the Retailer from tracking your actions, such as the blocking of cookies or the use of an anonymizer to access your Account or the Retailer’s website. 

9.8          If a technical failure of the Retailer’s systems, or an incompatibility with the settings on your computer or mobile device, prevents the Retailer from tracking the transaction by which you intend to qualify for the relevant CashBack, then the applicable CashBack may not be available from us and may not be payable to you. If we receive from a Retailer a Retailer Commission that is not properly attributed to a qualifying transaction by an attributed User, then the applicable CashBack will be forfeited to us. 

9.9          Your ability to withdraw CashBack is subject to our having first received payment in cleared funds of the applicable Retailer Commission from the applicable Retailer. You acknowledge and agree that: 

(a)           we are not responsible or liable to you for ensuring payment to us of any Retailer Commission by any Retailer; 

(b)           where a Retailer Commission is due to be paid to us by a Retailer, it may (in normal circumstances) take up to 90 days before we receive payment of the Retailer Commission from the Retailer, but this will depend on the specific Retailer concerned and in practice the time it takes the Retailer to make payment of the Retailer Commission to us may exceed 90 days; and 

(c)           we will not be obliged to pursue a Retailer for payment of any Retailer Commission but may in our absolute discretion choose to do so (although we would not normally do so until at least 90 days have passed since the qualifying action took place that gave rise to the Retailer Commission concerned). You may choose, at your own cost and expense, to pursue a Retailer for CashBack you may be entitled to receive directly, including without limitation, where we determine not to pursue a Retailer for a payment of any Retailer Commission that would ultimately have been payable, in whole or in part as CashBack to you; provided, however, that under no circumstances will you be authorized to assert that you are a third-party beneficiary of any agreement between us and any Retailer. 

9.10       If due to a technical, administrative, or other error, the CashBack balance in your CashBack Wallet exceeds the correct value, then you must inform us immediately. You are not permitted to withdraw CashBack that you are not eligible to receive, and we reserve the right to set off such ineligible withdrawals against future CashBack you may become eligible to receive. 

9.11       In our sole discretion, and subject to the SPO Agreement with your Sponsoring Organization or the Services your Sponsoring Organization has subscribed to, we may offer certain Users enhanced CashBack programs or other special deals from time to time. Any such enhanced CashBack programs shall be payable monthly in arrears and shall be available for withdrawal from the User’s CashBack Wallet after the applicable Retailer confirms completion of the User’s qualifying transaction. 

9.12       We reserve the right to cancel and repossess any enhanced CashBack made available in a User’s CashBack Wallet if the qualifying transaction is altered because of a return or refund or we reasonably suspect fraudulent activity. 

9.13       Unless expressly stated to the contrary in these Terms of Use, all terms that apply to CashBack shall also apply to enhanced CashBack. 

9.14       We reserve the right to modify, alter, withdraw, terminate, or otherwise cancel any offer of enhanced CashBack at our discretion at any time; provided, however, that this shall not affect a User’s right to any enhanced CashBack credited to your CashBack Wallet prior to the date of our modification, alteration, withdrawal, termination or cancellation. 

Section 10. REWARDS- TERMS APPLICABLE TO USERS (APPLICABLE ONLY WHERE AVAILABLE IN YOUR COUNTRY AND SUBSCRIBED TO BY YOUR SPONSORING ORGANISATION) 

10.1       Spot Rewards.  If your Sponsoring Organization has subscribed for Spot Rewards: 

(a)           Your Sponsoring Organization may allocate a Spot Reward to you from time to time from an account funded by your Sponsoring Organization.  Spot Rewards may be issued in denominations ranging from $10 up to $500 (or any other denomination which we may make available to your Sponsoring Organization pursuant to the SPO Agreement from time to time). If your Sponsoring Organization allocates a Spot Reward to you we will notify you by email or, alternatively, by push notification if your device is set up to accept and display such push notifications. 

(b)           Once a Spot Reward has been allocated to your Account, you will receive that Spot Reward as credit in the rewards account associated with your Account (your “Rewards Account”).  SPOT REWARDS MUST BE REDEEMED WITHIN 12 MONTHS OF ALLOCATION TO YOUR REWARDS ACCOUNT. ANY SPOT REWARD ALLOCATED TO YOU AND NOT REDEEMED WITHIN THE PERIOD OF 12 MONTHS WILL EXPIRE AND THE RELEVANT FUNDS BE FORFEITED TO US.  IF YOU CLOSE YOUR ACCOUNT FOR ANY REASON, YOU SHALL HAVE 90 DAYS FROM THE DATE OF CLOSURE TO REDEEM ANY SPOT REWARDS IN THE YOUR REWARDS ACCOUNT AFTER WHICH ANY UNREDEEMED SPOT REWARDS SHALL BE FORFEITED TO US. In this event, we shall have no further liability to you in relation to the relevant Spot Reward. You may redeem Rewards in your Rewards Account in accordance with Section 10.6(b) below.  

(c)           Spot Rewards may constitute taxable income to you and may be subject to other withholding requirements imposed by local taxing authorities on you or your Sponsoring Organization.  LifeWorks makes no representations or warranties about any tax requirements or tax consequences that may or may not apply to Spot Rewards. 

10.2       Spot Rewards Errors.  If a Spot Reward is allocated to your Account as a result of our error: 

(a)           We reserve the right to revoke the entire Spot Reward at any time thereafter without prior notice to you and you will not be entitled to redeem the relevant Spot Reward. 

(b)           If the error is an incorrect denomination (i) we reserve the right to revoke that portion of the Spot Reward that exceeds the correct denomination allocated by your Sponsoring Organization, and (ii) we will otherwise correct any under-allocation upon confirmation of our under-allocation from your Sponsoring Organization.  

(c)           We will notify you as soon as reasonably practicable to do so. If by the time of our notification you have already redeemed the Spot Reward, we will no longer be under any obligation to supply your selected Redemption Option (The method you selected to receive your reward, such as a gift card). If we have already sent the Redemption Option to you, we may ask you to return it to us, in which event you shall return it to us at our cost within 30 days of the date of our written notice requiring you to do so.  Where applicable, on receipt of the returned Redemption Option, we shall reallocate the Spot Reward to you in the correct denomination with effect from that date. 

10.3       Changes to Spot Rewards Program.  Subject to the SPO Agreement, we may at our discretion, suspend or discontinue the Spot Rewards program applicable to you at any time for any reason. Where possible, we will notify you in advance.  If we suspend or discontinue the Spot Rewards program applicable to you, your sole and exclusive remedy will be that we may leave your Spot Rewards in your Rewards Account or we may, in our sole and absolute discretion, transfer your Spot Rewards to your CashBack Wallet. 

10.4       Wellbeing Rewards.  If your Sponsoring Organization has subscribed for Wellbeing Rewards: 

(a)           You may achieve Wellbeing Rewards by completing designated activities set forth on the Website or App (for example, completing an assessment questionnaire, reading snackable content or participating in a challenge).  For a full listing of Wellbeing Rewards, including points per activity, reward tiers and other incentives and challenges, please refer to help.lifeworks.com.  We may modify Wellbeing Rewards points, tiers, activities, challenges or other program elements from time to time at our discretion, including to focus Users on specific goals or in response to aggregate User experience data or other feedback we receive.  Wellbeing Rewards points, tiers, activities, challenges and other program elements may vary depending on your location.  Your Sponsoring Organization may also create specific activities for their employees to achieve additional Wellbeing Rewards.  

(b)           When you achieve Wellbeing Rewards, you will receive that Wellbeing Reward as a credit in your Rewards Account.  You may redeem Rewards in your Rewards Account in accordance with Section 10.6(b) below. 

10.5       Other Rewards Programs.  We may, from time to time develop other Rewards programs and offer them to Sponsoring Organizations.  If your Sponsoring Organization subscribes for one or more of these other Rewards programs (collectively the “Other Rewards”), you may be asked to provide your consent to a separate set of terms and conditions applicable to such Other Rewards programs.  When you accumulate, achieve or otherwise earn Other Rewards, your Other Rewards will be allocated to your Account and you will receive those Other Reward as credits in your Rewards Account.  You may redeem Other Rewards in your Rewards Account in accordance with Section 10.6(b) below. 

10.6       How Users Redeem Rewards. 

(a)           You may redeem any Rewards in your Rewards Account by selecting a redemption option on the Website or App (a “Redemption Option”) and complying with requirements, instructions and restrictions applicable to such Redemption Option.  Your selection is final. Once you have chosen a Redemption Option, you may not change, cancel or seek a refund for your selection.  However, if you have selected a Redemption Option and that Redemption Option becomes unavailable for any reason, we will notify you and you will be entitled to select a different Redemption Option, which shall be your sole and exclusive remedy in these circumstances.  Redemption Options are not transferable and may not be redeemed for cash. 

(b)           We will deduct the stated value of your Redemption Option selection from your Rewards Account. We will electronically deliver the Redemption Option you selected to the email address currently linked to your Account. The time for delivery will vary depending on the Redemption Option you select (and may also depend on the Retailer or other vendor of your Redemption Option), but we will endeavor to deliver the Redemption Option within 14 days of the date of your redemption selection. 

(c)           The variety of Redemption Options available to you may change from time to time; we do not guarantee that any Redemption Options available from time to time on our Website or App will always be available and we reserve the right to cease to offer or substitute any Redemption Option offered on our Website or App at any time, including where a Redemption Option has been selected but has not yet been issued, in our sole discretion. 

(d)           Redemption Options that consist of gift cards or experience vouchers are subject to all applicable laws and any other terms and conditions applicable to such gift cards or experience vouchers by the applicable Retailer, including expiration dates or other use limitations imposed by the applicable Retailer.  We have no control over Retailers, and we have no liability to you whatsoever in respect of any Retailer’s terms and conditions or any Retailer’s requirements or obligations concerning expiry dates under applicable law.  YOU HAVE THE SOLE RESPONSIBILITY TO READ AND UNDERSTAND ANY DOCUMENTATION OR REQUIREMENTS MADE AVAILABLE TO YOU BY RETAILERS, PARTICULARLY IN RELATION TO ANY EXPIRATION DATES WHICH MAY APPLY TO SUCH RETAILER’S PRODUCTS OR SERVICES. 

(e)           With respect to all Retailers, you acknowledge and agree that: 

  • LifeWorks shall not be responsible for any act, omission or default of a Retailer; 
  • we do not endorse the goods or services made available by a Retailer; 
  • it is your responsibility to satisfy yourself as to the quality and suitability of such products or services for your specific needs, the specific terms of such Retailer’s offer, and the reliability and creditworthiness of the Retailer; and 
  • any information appearing on the Website or App that is provided by a Retailer remains the sole responsibility of that Retailer. 

(f)            If you use your Redemption Option to purchase goods or services from a Retailer: 

  • your purchase will be on the basis of a contract between you and the Retailer alone, on the terms agreed between you and the Retailer; 
  • we will not be a party to that contract and we will not be responsible in any way for the performance of that contract by the Provider or for the quality or safety of any such goods or services sold by the Provider; and 
  • in the event of a problem with any Redemption Option or product or service purchased by you from a Provider, you shall direct all queries to the Provider concerned. 

Section 11. REWARDS - TERMS APPLICABLE TO SPONSORING ORGANIZATIONS AND THEIR ADMINISTRATORS (APPLICABLE ONLY WHERE AVAILABLE IN YOUR COUNTRY AND SUBSCRIBED TO BY YOUR SPONSORING ORGANISATION) 

11.1       You acknowledge and agree that for any of your Sponsored Users or their related Dependent Users to become eligible to receive and redeem a Reward, such Sponsored User or Dependent User must satisfy the qualifying criteria set out in Section 5.1 of these Terms of Use and the receipt and redemption of any Reward by such Sponsored User or Dependent User shall at all times be subject to full compliance with these Terms of Use by such Sponsored User or Dependent User .  You are hereby deemed to be aware of the restrictions and limitations on Rewards applicable to Sponsored Users as set forth in Section 10, including without limitation: 

  • Section 10.1(b) regarding the expiration of unredeemed Spot Rewards after 12 months and expiration of unredeemed Spot Rewards 90 days after Account closure; 
  • Section 10.1(c) regarding the potential tax consequences of Spot Rewards; 
  • Section 10.2 regarding remedies available to Sponsored Users for our errors in allocating Spot Rewards; 
  • Section 10.3 regarding a suspension or cancellation of the Spot Rewards program applicable to your Sponsored Users; 
  • Section 10.6(c) regarding changes in the availability of Redemption Options; and 
  • Sections 10.6(d),10.6(e), and 10.6(f) regarding our limited relationship with and control over Retailers who provide the Redemption Options. 

11.2       Sponsoring Organizations who have subscribed for Spot Rewards shall administer the Spot Rewards program in accordance with the terms and conditions set forth in the SPO Agreement or any other agreement between the Sponsoring Organization and us governing the Spot Rewards program.  If, as a SPO Administrator, you do not have a direct SPO Agreement with us and you receive our Services via a third-party platform, then you acknowledge and agree that the further provisions of this Section11.2 shall at all times apply to your use of the Spot Rewards program: 

(a)           You may allocate Spot Rewards to one or more of your Sponsored Users only after you have transferred sufficient cleared funds to us and such funds are showing as an available balance in your Sponsoring Organization’s Spot Rewards Account (the “Spot Rewards Account”). 

(b)           To deposit funds into your Spot Rewards Account, you must first contact us to notify us of the details of the deposit and to obtain a unique transaction reference number. You must then make a bank transfer to our nominated bank account and reference that unique transaction reference number in your transfer instructions. When we receive your cleared funds, we will apply those funds (after applying any currency conversion fees or other transfer related charges) to your Spot Rewards Account at which point the funds will show as an available balance in your Spot Rewards Account.  We shall process your payments as soon as reasonably practicable, but you acknowledge and accept that all deposits are subject to banking processes and timeframes outside our control. 

(c)           All funds in your Spot Rewards Account shall be held by us on your behalf until such time as (i) your funds are exhausted as a result of your allocation of Spot Rewards or (ii) you withdraw the funds from your Spot Rewards Account in accordance with Section 11.2(g). 

(d)           When you allocate a Spot Reward to a Sponsored User, we shall transfer funds equivalent to the denomination of the Spot Reward from your Spot Rewards Account to the Rewards Account of the applicable Sponsored User and thereafter shall continue to hold such funds on behalf of the Sponsored User until such time as that Sponsored User redeems the Spot Reward or the Spot Reward expires or is otherwise revoked or forfeited in accordance with the further provisions of this Section 11. 

(e)           To allocate a Spot Reward to a Sponsored User, you must log in to your SPO Administrator account, select the Spot Rewards menu, select the applicable Sponsored User, select the desired denomination and submit the order. 

(f)            Spot Rewards allocated by you to a Sponsored User cannot be cancelled or reallocated by you after you have submitted your allocation choices to us. We accept no responsibility whatsoever for any loss suffered by you or any Sponsored User resulting from any allocation of a Spot Reward except to the extent that an incorrect allocation arises directly from an error on our part, in which event we shall attempt to recover the incorrectly allocated Spot Reward and/or reallocate the relevant Spot Reward to the correct Sponsored User.  In any event, our total liability shall be limited to a sum equivalent to the denomination of the Spot Reward, or that portion of it, incorrectly allocated and we shall deposit such sums in your Spot Rewards Account. 

(g)           You may withdraw any unallocated funds from your Spot Rewards Account at any time by making a withdrawal request to us in writing. We shall transfer the relevant funds to the Sponsoring Organization bank account nominated by you at the time of the withdrawal request. We shall use commercially reasonable efforts to complete the withdrawal within 14 days of the withdrawal request. All withdrawals shall be subject to a processing fee identified in your SPO Agreement, or if not so defined, equal to at least $100 or £100 (as applicable to the Territory identified in the SPO Agreement) or 10% of the funds withdrawn, whichever is higher (the “Withdrawal Processing Fee”). The Withdrawal Processing Fee shall be automatically deducted from the value of the funds withdrawn. We reserve the right to require reasonable and satisfactory evidence of the Sponsoring Organization’s authorization to withdraw funds from your Spot Rewards Account before processing the withdrawal. 

(h)           We may in the future introduce functionality allowing you to make deposits and withdrawals directly through your Sponsoring Organization account, whereupon you shall be entitled to make use of such functionality as an alternative to the processes described in Section 11.2(b); provided, however, that the provisions of this Section 11 (including without limitation the Withdrawal Processing Fee) shall otherwise apply to deposits and withdrawals made using such functionality. 

Section 12. RECOGNITION 

12.1       If your Sponsoring Organization has subscribed to the User recognition feature of our Services (the “Recognition Features”), you will be able to recognize the contribution of your co-workers through our Website and App (“Recognition”).  The Recognition Features also allow Users to comment on the input of people with whom they work. Any content you post must be in compliance with the restrictions set forth in these Terms of Use, including as set forth in Section 15.  

12.2       We track and aggregate information concerning your usage of the Recognition Features and any Recognition you receive.  This information is aggregated with information concerning other Sponsored Users related to your Sponsoring Organization on a monthly basis to create a summary table showing those Sponsored Users who have received the most Recognition. 

Section 13. EAP AND WELLNESS 

13.1       The information contained on the Website and App is presented to Users for educational purposes. Except to the extent permitted by applicable law, LifeWorks disclaims any fiduciary duties and makes no warranties as to the accuracy or completeness of the information and assumes no liability for errors or omission in the content. The information on Website and App should not be relied on to suggest an authoritative course of action for an individual with legal, financial, educational, medical, or mental health concerns or to replace a consultation with a qualified expert in the field, such as an attorney, accountant, teacher, physician, health care provider, or therapist. All Users should consult with a physician or other qualified professional before engaging in changes to diet, physical activity levels or other similar lifestyle or behavioral changes.  

13.2       IF YOU ARE EXPERIENCING A CRISIS SUCH AS A MEDICAL EMERGENCY, OR YOU ARE HAVING THOUGHTS OF SUICIDE OR VIOLENCE, OR THINK YOU MAY PRESENT A DANGER TO YOURSELF OR OTHERS, OR IF YOU ARE IN AN ABUSIVE RELATIONSHIP OR ARE CONCERNED ABOUT DOMESTIC, CHILD OR ELDER ABUSE, PLEASE CONTACT THE APPROPRIATE EMERGENCY SERVICES OR AUTHORITIES PROMPTLY.  

Section 14. WHAT USERS ARE NOT ALLOWED TO DO 

14.1       Our Services are provided solely for non-commercial and personal use by Users. You may not: 

(a)           allow anyone to access or use your Account, including for your own personal economic gain or personal commercial benefit; 

(b)           republish, redistribute or re-transmit our Website or App for any reason, including for your own personal economic gain or personal commercial benefit; 

(c)           redistribute or resell any Services to any other person or entity for any reason, including for your own personal economic gain or personal commercial benefit; 

(d)           use our Website, App or Services in any manner that defrauds anyone (including without limitation us, any of our affiliates and any Retailer), including by using a method of payment you are not authorized to use such as credit card you are not authorized to use or otherwise not validly issued to you; 

(e)           copy, resell or resupply, reverse engineer, de-compile or create derivative works of any part of our Website or App, or any part of the software that makes up our Website or App regardless of how you obtained access to such software; 

(f)            use our Website, App or Services in any way that may damage our brand reputation or trustworthiness or that of any of our affiliates or any Retailer; 

(g)           violate any applicable law or regulation through your use of our Website, App or Services; 

(h)           copy or store our Website or App other than for your own non-commercial, personal use (as may occur incidentally in the normal course of use by your browser or mobile device); 

(i)            copy or store our Website or App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from our Website or App; 

(j)            remove or change any content of the Website or App or attempt to circumvent any security measure or interfere with the proper working of the Website or App or any servers on which they are hosted; or 

(k)           otherwise do anything with our Website, App or Services not expressly permitted by these Terms of Use. 

14.2       By creating an Account you agree to personally compensate us fully for any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to your breach of any of the prohibitions set forth in Section 14.1 above or any other any other provision in these Terms of Use; provided, however, that the foregoing compensation obligation shall not apply personally to SPO Administrators or Pass-Through Administrators. 

Section 15. POSTING CONTENT 

15.1       By creating an Account or using our Website, App or Services you accept sole responsibility for: 

(a)           any and all content posted from your Account (whether by you or others who access your Account, whether or not you are aware of their access) to the Website or App; and 

(b)           any and all activity through your Account when using the Website, App or Services; 

and you agree to personally compensate us fully for any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to any such content or activity provided, however, that the foregoing compensation obligation shall not apply personally to SPO Administrators or Pass-Through Administrators. 

15.2       Subject to any applicable law to the contrary, if you choose to upload content via the Website or App then you must: 

(a)           keep any postings relevant to the purpose of the forum; 

(b)           not submit any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive, or which infringes the intellectual property rights or any other rights of any third party; 

(c)           not submit any content that contains any viruses or other code that has contaminating or destructive elements; 

(d)           not submit any content containing any form of advertising; and 

(e)           not impersonate or misrepresent an affiliation with, any person or entity. 

15.3       By creating an Account you acknowledge and agree that: 

(a)           we do not monitor or moderate any content posted by you or any other Users; 

(b)           we do not monitor your use of the Website, App or Services or such use by any other Users; and 

(c)           we shall not be liable to you or any other User for, or in relation to, any such content or use (including any inappropriate, false or misleading content posted by you or other Users of the Website, App or Services). 

15.4       SPO Administrators and Pass-Through Administrators acknowledge that Sponsoring Organizations shall at all times remain primarily responsible for any moderation or monitoring of any content posted by any Users. However, we reserve the right, in our sole discretion, to delete any content posted by Users. 

15.5       Complaints about the content of any posting must be sent to support@lifeworks.com and must contain details of the specific posting giving rise to the complaint. 

Section 16. NEWSLETTER; OTHER EMAIL NOTICES AND COMMUNICATIONS TO USERS 

With your consent (to the extent required under applicable law) we may occasionally send a newsletter to you at the email address associated with your Account. Such newsletters may contain details of offers from Retailers. You will be given the option to opt out of receiving these newsletters. 

Section 17. EXTERNAL LINKS 

17.1       The Website and App may provide links to other websites (including websites of Retailers) as part of the Services we provide to Users, including for educational purposes. Users should exercise discretion when accessing links to other websites through the Website or App. 

17.2       LIFEWORKS MAKES NO REPRESENTATIONS CONCERNING OPERATION OR CONTENT OF THESE EXTERNAL WEBSITES AND IS NOT RESPONSIBLE FOR THE QUALITY OF INFORMATION ON ANY SUCH EXTERNAL WEBSITES OR ANY LINK CONTAINED IN SUCH EXTERNAL WEBSITES. THESE LINKS MAY LEAD UNINTENTIONALLY TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. THESE LINKS MAY ALSO LEAD TO SITES THAT CONTAIN INACCURATE INFORMATION, FALSE OR MISLEADING ADVERTISING, OR INFORMATION THAT VIOLATES COPYRIGHT, LIBEL, OR DEFAMATION LAWS. THE SERVICES, PRODUCTS, AND RESOURCES AVAILABLE FROM THESE WEBSITES ARE NOT ENDORSED IN ANY WAY BY LIFEWORKS, NOR DOES LIFEWORKS ENDORSE ANY OF THE SPONSORS OR ADVERTISERS ON THESE SITES.  

Section 18. AVAILABILITY AND OPERATION OF THE SERVICES, WEBSITE AND APP 

18.1       We will use commercially reasonable efforts to make the Services, Website and App available for use by you for as much of the time as is reasonably possible, but we do not give or enter into any condition, warranty, or other term to the effect that the Services, Website or App are or will be: 

(a)           available all of the time; 

(b)           available on a continuous or uninterrupted basis; 

(c)           free from errors, defects, viruses or other destructive elements; or 

(d)           in compliance with any particular standard(s). 

18.2       By creating an Account and using the Website or App, you agree to the extent permitted by applicable law that we will not be liable to you for any unavailability of or defect in our Services, App or Website (however temporary), including due to scheduled maintenance, upgrades, security, legal or business reasons, and/or reasons beyond our control (such as hardware or software failures, other interruptions of internet service, or Retailer website unavailability). 

18.3       It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Website, App and their contents. 

Section 19. INTELLECTUAL PROPERTY RIGHTS 

19.1       All intellectual property rights in or relating to the Services, Website and App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. You are given a non-exclusive license to use the intellectual property rights concerned only to the extent necessary to enable you to receive the Services and to use the Website and App in accordance with these Terms of Use. You acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of receiving the Services or by using the Website and/or App. 

19.2       The Website or App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code 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 the Website or App contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third-party licensor (the “Open Source License Terms”) and not under these terms, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained on the Website or App and the relevant Open Source License Terms will be made available to you upon request. 

19.3       You agree that, by submitting any content (not including health and contact information) via the Website or App, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create and use derivative works from, distribute, perform and display such content (in whole or part), only within your Sponsoring Organization’s network, in the understanding that such distribution, performance or display is intended for information purposes and will not have an economic, direct or indirect profit to the User. You also grant other Users within your Sponsoring Organization’s network a non-exclusive license to view such content within your Sponsoring Organization’s network. 

Section 20. OUR LIABILITY 

20.1       Except as expressly set out in these Terms of Use, 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 the Website or App, and to the fullest extent permitted by applicable law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by applicable 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 the Website and/or App. 

20.2       Nothing in these Terms of Use shall exclude or limit our liability to you: 

(a)           for fraud or fraudulent misrepresentation; or 

(b)           for any liability that may not, under applicable law, be excluded or limited.  As such, the limitations of liability in these Terms of Use only apply to the extent permissible under applicable law.

20.3       We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of: 

(a)           any act or omission of any Retailer, User, SPO Administrator, Pass-Through Administrator, Sponsoring Organization, or other third party; 

(b)           any failure in the tracking or provision of CashBack or Reward by or on behalf of any Retailer; or 

(c)           any circumstance which we cannot reasonably be expected to control. 

20.4       You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so. 

20.5       We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any business losses and any liability we do have for losses you suffer is strictly limited to losses which were reasonably foreseeable. 

20.6       We shall not be liable to you or to any Sponsoring Organization for any loss, damage, liability, cost, claim or expense that you or any Sponsoring Organization suffers, incurs or pays as a result of the suspension or termination by us of your access to and use of the Services. 

20.7       We shall not be liable to you or to any Sponsoring Organization for any tax liabilities that you or any Sponsoring Organization incur as a result of the Services you receive, and Sponsoring Organizations and Users are solely responsible for understanding and paying their own tax liabilities associated with or resulting from the Services. 

20.8       If you are accessing our Website or App from Australia or New Zealand, the provisions of this Section 20 are subject to your consumer rights under Australian or New Zealand law. Please refer to Appendix 3 of these Terms of Use for more information about your consumer rights under Australian or New Zealand law.  

Section 21. CLOSING YOUR ACCOUNT 

21.1       If you wish to close your Account, please contact your Sponsoring Organization who can arrange to have your Account closed or submit a request at privacy.lifeworks.com. Please note that we may retain information concerning your Account in our records in accordance with our standard practices and in accordance with our Privacy Policy (a current copy of which is available at help.lifeworks.com). Closing your Account will not obligate us to delete such information except in due course under our practices and policies or where we are required to do so by applicable law. 

21.2       Sponsoring Organization shall be primarily responsible for deactivating a User’s Account if the User no longer wish to use the Services or no longer satisfies the qualifying criteria set out in Section 5.1. A User’s Account can be deactivated by the SPO Administrator or Pass-Through Administrator in the “Manage User” section on the admin panel of the Website. This does not affect our right to deactivate User Accounts as set out elsewhere in these Terms of Use. 

21.3       We provide our Services to Users and Sponsoring Organization either under our SPO Agreement with the relevant Sponsoring Organization or under a contract between us and a third-party reseller of our Services who in turn has a contract with the relevant Sponsoring Organization. We may suspend or terminate (at our option) your access to and use of the Services in certain circumstances where your Sponsoring Organization or the relevant third-party reseller of the Services is in breach of their contract with us. 

21.4       We, or your Sponsoring Organization (as applicable), may close your Account if: 

(a)           you are in breach of these Terms of Use; 

(b)           you cease to be an eligible User with respect to your Sponsoring Organization or we reasonably believe that to be the case; 

(c)           your Sponsoring Organization ceases to pay for the Services; 

(d)           your Sponsoring Organization is in breach or other default of its contract with us or with any third-party reseller of our Services such as to justify termination of that contract; 

(e)           any third-party reseller of our Services via whom we provide our Services to you is in breach or other default of its contract with us such as to justify our termination of that contract; or 

(f)            for any other reason at our absolute discretion. 

21.5       Your Account and all of its content will be deleted 90 days after the date of its closure. Please ensure that any CashBack in your Account is remitted using your CashBack Preference and any Rewards in your Reward Account are redeemed before you close your Account. If your Account is closed for any reason, you will have 90 days from the date of its closure to claim any CashBack and redeem any Reward in your Rewards Account. Any CashBack that is not used or withdrawn and any Rewards that are not redeemed within this period, will be forfeited to us. The Minimum Amount requirement in Section 9.2 does not apply to your CashBack Wallet during the 90-day period after your Account is closed. 

Section 22. GENERAL 

22.1       You may not sub-license, transfer, or assign any of the rights or obligations under these Terms of Use. 

22.2       We may subcontract or delegate the performance of any of our obligations to you. We may transfer or assign any of our rights or obligations to you to someone else. 

22.3       These Terms of Use, which include any other terms expressly referred to in them, represent the entire agreement between you and us in relation to this subject matter. 

22.4       All notices given by you to us or vice-versa must be given by email or in writing to the address set out in Section 23. We may give notice to you at either the email or postal address you provide to us when placing an order. 

22.5       If we fail to enforce, or delay in enforcing, any of our rights under these Terms of Use, that does not result in a waiver of the rights concerned. 

22.6       If any provision of these Terms of Use is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain. 

22.7       Except as set forth in Appendix 3, these Terms of Use and our other terms incorporated by reference shall be governed by the laws of Ontario, Canada and the courts in Toronto, Canada, shall have exclusive jurisdiction to settle any disputes which may arise between you and us under these Terms of Use.  PLEASE SEE ADDITIONAL INFORMATION THAT MAY APPLY TO YOU IN APPENDIX 3 OF THESE TERMS OF USE. 

Section 23. CONTACTING US 

Please submit any questions you have about these Terms of Use or any problems concerning the Website or App and their use to us by the following means: 

(a)           via the Website; 

(b)           via email at support@lifeworks.com; 

(c)           via mail to the address set forth in Section 1. 

Your queries will be handled by a LifeWorks representative promptly. We will endeavor to respond to your queries within 5 business days from the receipt of the query.  

Appendix 1 

GLOSSARY OF DEFINED TERMS USED IN THESE TERMS OF USE 

DEFINED TERM 

DEFINITION OR LOCATION OF DEFINITION 

Account 

What a User creates by logging into the Website or App, creating a Username and password, and accepting these Terms of Use.  A User’s Account contains all the information entered by the User in the User’s profile 

App 

Our mobile device application available for download from third-party app stores or as a mobile web application on the Website 

CashBack 

Defined in Section 4(c) 

CashBack Preference 

Defined in Section 9.3 

CashBack Wallet 

Where all your cashback is displayed and stored. 

Whenever you make a purchase through LifeWorks the cashback associated will appear in your wallet 

EAP Services 

The employee assistance program and wellness services offered by LifeWorks and enabled by your Sponsoring Organization 

Health Risk Assessment 

Our proprietary online health risk assessment tool based on a series of validated scales and lifestyle questions.  This tool generates results summaries and provides informational content recommendations in real time. 

Minimum Amount 

Defined in Section 9.2 

Open Source Licence Terms 

Defined in Section 19.2 

Open Source Software 

Defined in Section 19.2 

Other Rewards 

Defined in Section 10.5 

Pass-Through Administrator 

Defined in Section 2.1 

Sponsored User 

Defined in Section 2.1 

Dependent User 

Defined in Section 2.1 

Perks 

The CashBack, discounts, and other perks Services offered by LifeWorks and enabled by your Sponsoring Organization 

Personal Information 

Information about an identifiable User, including personal health information (as defined by applicable legislation) 

Privacy Policy 

The Privacy Policy posted on the Website and/or App, as updated from time to time, a current copy of which is available at www.lifeworks.com.  

Reason Code 

A barcode, QR code or other form of code such as a string of characters for the purposes of obtaining a discount for a purchase from a Retailer 

Recognition 

Defined in Section 12.1 

Recognition Features 

Defined in Section 12.1 

Redemption Option 

Defined in Section 10.6(a) 

Retailer 

A third-party retailer or service provider (including a restaurant or cinema) or other provider of discounts, gift cards or experience vouchers.  The goods or services offered by participating Retailers are accessed via links on our Website or App to the Retailer’s website 

Retailer Commission 

Defined in Section 9.1 

Retailer Information 

Defined in Section 8.1(c) 

Rewards Account 

Defined in Section 10.1(b) 

Services 

Defined in Section 4 

Snackable Content 

Brief, easily digestible, relevant digital content such as videos, short articles, or longer information pieces broken into a series or shorter articles, all designed for immediate clickable consumption by Users 

SPO Agreement 

An agreement between us and a Sponsoring Organization (excluding these Terms of Use) under which LifeWorks makes the Services available to the Sponsoring Organization’s Sponsored Users directly or indirectly via a third-party reseller’s platform` 

Spot Rewards Account 

Defined in Section 11.2(a) 

Sponsored User’s Rewards Account 

Defined in Section 11.2(d) 

Sponsoring Organization 

An employer, plan sponsor, insurance company, labor union, trade organization, trade association, university, college, or other selective organization that directly subscribed for our Services under a SPO Agreement or that indirectly contracted to receive our Services via a third-party reseller of our Services 

Spot Reward 

Defined in Section 4(d) 

Terms of Use 

These terms and conditions (together with any other terms incorporated into them by reference) 

User, you or your 

Defined in Section 2.1 

We, us or our 

Defined in Section 1 

Website 

Our website www.lifeworks.com (and all subdomains) 

Wellbeing Reward 

Defined in Section 4(e) 

Withdrawal Processing Fee 

Defined in Section 11.2(g) 

 

Appendix 2 

NOTICE OF TERMS FROM THIRD-PARTY PROVIDERS: 

Please review and familiarize yourself with the following notices and required terms from our third-party service providers: 

Apple 

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 Apple’s 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 the App. If you have any maintenance or support questions in relation to the App, please contact LifeWorks, not Apple, using the Contacting Us details set forth in the Terms of Use above; 
  • Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the App are between you and LifeWorks (and not between you, or anyone else, and Apple); 
  • In the event of a claim by a third party that your possession or use (in accordance with these terms) of the 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 LifeWorks (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 the 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. 

Appendix 3 

NOTICE TO USERS OUTSIDE OF CANADA : 

Section 1. Regarding Non-Canadian Territories. The provisions below contain additional detail concerning the Territory in the SPO Agreement applicable to you and your Sponsoring Organization. 

1.1  Australia.  If the Territory in the SPO Agreement applicable to you and your Sponsoring Organization includes Australia: 

(a)           The references to LifeWorks in these Terms of Use shall be deemed to mean LifeWorks.com Pty Ltd (formerly Optum Health & Technology (Australia) Pty Ltd) ACN 134 449 059, a proprietary company limited by shares registered under the Australian Corporations Act 2001 and incorporated in Victoria, Australia, having its principal place of business at Level 25, 303 Collins Street, Melbourne VIC 3000 Australia (which shall be referred to as “LifeWorks Australia” in this Appendix 3). 

(b)           If the SPO Agreement applicable to you and your Sponsoring Organization was entered into with LifeWorks Australia (or a predecessor to LifeWorks Australia or a successor in interest to LifeWorks Australia), then these Terms of Use will be subject to Australian law and courts located in Melbourne for purposes of Section 22.7 of these Terms of Use.  

(c)           Under the Australian Consumer Law (“ACL”) and similar state and territory legislation, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services. Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified. 

1.2 Belgium.  If you are a habitual resident in Belgium, you will benefit from any mandatory provisions of the law of Belgium.  Nothing in these Terms of Use affects your rights to rely on mandatory provisions of Belgian law. 

1.3 Netherlands.  Ascender B.V. is an affiliate of LifeWorks and is located at Vleutenseweg 386, 3532 HW Utrecht, Netherlands, t. +31 (0) 30-2522792 with VAT: 820893262B01 and Chamber of Commerce registration: 17254283. 

1.4 New Zealand.  If the Territory in the SPO Agreement applicable to you and your Sponsoring Organization includes New Zealand:  Under the New Zealand Fair Trading Act 1986 (“FTA”) and the Consumer Guarantees Act 1993 (“CGA”), consumers have certain rights that cannot be excluded. Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the FTA and CGA) and which by law cannot be excluded, restricted or modified.  However, to fullest extent possible (including where you are purchasing the good or service for the purposes of business) the exclusions restrictions and modifications in these Terms of Use will apply. 

1.5 UK.  If the primary Territory in the SPO Agreement applicable to you and your Sponsoring Organization is the UK: 

(a)           The references to LifeWorks in these Terms of Use shall be deemed to mean LifeWorks (U.K.) Ltd. a private limited company organized under the law of England and Wales (Reg. No. 08223675) located at 90 High Holborn, Holborn, London, WC1V 6LJ UK (which shall be referred to as “LifeWorks UK” in this Appendix 3). 

(b)           If the SPO Agreement applicable to you and your Sponsoring Organization was entered into with LifeWorks UK (or a predecessor to LifeWorks UK or a successor in interest to LifeWorks UK), then these Terms of Use will be subject to English law and courts located in London for purposes of Section 22.7of these Terms of Use. 

1.6 US.  If the primary Territory in the SPO Agreement applicable to you and your Sponsoring Organization is the United States: 

(a)           Then references to LifeWorks in these Terms of Use shall be deemed to mean LifeWorks (US) Ltd., a Delaware corporation having its principal place of business at 115 Perimeter Centre Place NE, Suite1050, Atlanta, GA 30346 USA (which shall be referred to as “LifeWorks US” in this Appendix 3).  

(b)           If the SPO Agreement applicable to you and your Sponsoring Organization was entered into with LifeWorks US (or a predecessor to LifeWorks US or a successor in interest to LifeWorks US), then these Terms of Use will be subject to Georgia law and courts located in Atlanta for purposes of Section 22.7of these Terms of Use. 

  

*** End of Terms of Use *** 

June 2022 

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