Terms and Conditions of Use

This document (the “Agreement”) is a legally binding agreement between you and WellbeingX Limited, a company registered in England and Wales with number 11053000 (“BetterSpace”, “we”, “us”, “our” and “ours”), and its subsidiaries, that governs your use of the online and mobile services associated with BetterSpace, including but not limited to, www.betterspace.uk and all associated subdomains (the “Website”), together with all of its content, features and functionality referred to here as the “Platform”. The terms “you”, “your” and “yours” when used in these terms mean any user of the Platform.

BetterSpace is an initiative of WellbeingX Ltd, which provides a matching platform for mental health, access to mental health services and related resources via our website and/or mobile web application www.betterspace.uk, together with associated expert articles, tools and online community (the “ BetterSpace Service”). BetterSpace allows users to: Understand their wellbeing and performance levels using the wellbeing assessment tool; Learn about, find and book products, services and resources to maintain and improve their performance.

Please note that you must read and agree to the terms and conditions of this Agreement before you use the Platform and/or the BetterSpace Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Platform nor may you use the BetterSpace Service.

1. Contract formation

By using the Platform you confirm that you are 18 years of age or more, that any registration information that you submit to BetterSpace is true, accurate and complete, that you will update such information in order to keep it current, that you have read and agree to the terms and conditions contained in this Agreement and our Privacy Policy (which is hereby incorporated into this Agreement) and that you shall be legally bound by such terms subject to all applicable laws and regulations.

2. Understanding BetterSpace

You acknowledge and agree that the BetterSpace Service is a personalised mental health and wellbeing Platform designed to help you improve your own wellbeing and performance at work and that if you choose to access the BetterSpace Service you are solely responsible for deciding which of the suggested techniques, services or resources you put into practice. You also acknowledge and agree that the BetterSpace Service is not intended to diagnose, treat or otherwise address any medical problem and the material on the Platform is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified healthcare professional. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Platform then the former should take precedence.

3. Grant of right of use

Some services available in the platform are available on payment of a fee. For these, a budget of £150 has been made available per user by your employer; Corporate in this pilot. Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of the Platform and BetterSpace Service in respect of which Corporate has paid all applicable fees and charges, provided that you comply fully with the provisions of this Agreement.

6. Changes to the Agreement

BetterSpace reserves the right to vary this Agreement from time to time by amending this page. Any material amendments intending to bind an existing user of the Platform shall become effective after notification has been displayed for 2 days on such user’s account settings page.

7. Your health and BetterSpace

If you are concerned about your mental or physical health, or if you have any other concerns or questions about your health or medicines, you should always consult an appropriate healthcare professional. Be cautious about using BetterSpace if you have any serious mental health condition including (but not limited to) depression, bipolar disorder or schizophrenia. Likewise, be cautious about embarking on vigorous exercise if you have any serious medical condition, including (but not limited to) back pain, high blood pressure or heart disease, or if you are pregnant. Always seek professional medical advice when contemplating any changes in your prescribed medicines.

Dr Iain Jordan is responsible for health information provided on the Platform and contained within the BetterSpace Service. Care has been taken to confirm that the information presented on the BetterSpace Platform is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on the Platform, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published. As well as information provided by BetterSpace, BetterSpace makes third-party services available through the Platform. BetterSpace is not responsible for and has not checked the accuracy of any health information available through third-party services.

8. Personal data processing

We process information about you in accordance with our Privacy Policy. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate. In order to access the Services, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all resources that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorised disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.

The Platform contains functionality that allows you to upload content in a public area (including, but not limited to, the online community). By submitting such content, you agree that such submission is non-confidential for all purposes. Additionally you automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a royalty free, perpetual, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and display the content in any media or medium, in any form, format or forum now known or hereafter developed. If you wish to keep any such information private, do not submit them to a public area or email us as soon as practicable. You are solely responsible for any content you submit to a public area, the consequences of posting such content, and your reliance on any other content found in the public area.

9. Intellectual Property Rights

The layout, design, content and graphics on the Platform and the BetterSpace Service are protected by UK and other international copyright laws. We own or licence all intellectual property rights in the BetterSpace platform, including copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). You may not copy, imitate or use BetterSpace’s intellectual property rights without prior written consent.

Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the Platform may be reproduced or stored in any medium, including but not limited to a retrieval Platform, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.

If you print off or download any material from the Platform in breach of these terms of use, your right to use the Platform and the BetterSpace Service will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission.

The BetterSpace logo and the name “BetterSpace” are trademarks owned by WellbeingX Ltd. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of BetterSpace. Any use, including, but not limited to, use of the BetterSpace logo or the BetterSpace name or other trademarks displayed, is strictly prohibited without our prior written consent.

10. Prohibited uses

You agree that you will not use the Platform to: Upload, post, email or otherwise transmit any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, at our sole and absolute discretion; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any postings or other materials transmitted to or through the Platform; Upload, post, email or otherwise transmit any materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information); Upload, post, email or otherwise transmit any content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of commercial solicitation; Upload, post, email or otherwise transmit any content or other materials that contain software viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; Collect or post personal data or attempt to collect or post personal data about other users of the Website from the Website (including user names or passwords) or about any other third party; and/or access or attempt to access another user’s account without his or her consent. You also agree not to: reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of this Agreement. resell access to the Platform. copy any material obtained from the Platform to peer to peer networks or other web sites or web services.

11. Breach of the Agreement

We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of the Platform. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use the Platform and/or the BetterSpace Service.

Immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform and/or the BetterSpace Service. Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. Any further legal action against you. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

12. No warranty and limitation of liability

The use of the Platform and BetterSpace Service (including but not limited to their content and features) is at your own risk. The Platform is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, BetterSpace gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Platform or the BetterSpace Service or to the accuracy of the information contained in any of the materials on the Platform or the BetterSpace Service. BetterSpace shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the Platform. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Platform, or by anyone who may be informed of any of its contents. As with any purchase of a product or service, you should use your judgment and exercise caution where appropriate. Your statutory rights as a consumer are not affected.

14. Technology limitations and modifications

BetterSpace will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, workforce shortage or dispute, or governmental act) may, from time to time, result in interruptions. BetterSpace reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Platform with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the Platform (or any part thereof) as soon as practicable. Following any disruption within BetterSpace’s reasonable control we may agree to extend your access to the Platform for at least the duration for which the Platform was inaccessible on written request to the below address, at our sole discretion.

15. Third parties

We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider. Description of or reference to any organisation, product, practitioner, publication or link to an external website does not imply endorsement by BetterSpace. Equally the omission of any such names does not necessarily indicate a lack of endorsement by BetterSpace.

Your correspondence or participation in promotions, or business dealings with third parties found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that we shall not be responsible or liable for any direct or indirect loss or damage of any sort, incurred, or alleged to have been incurred, as the result of any such dealings, or as the result of the presence of such third-party services on the Platform.

Certain hypertext links in this site may lead to other third party websites, which are not under the control of BetterSpace. When you click on any of these you will leave the Platform and BetterSpace has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of BetterSpace. BetterSpace does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.

16. Indemnity

You agree to defend, reimburse or compensate us (known in legal terms “to indemnify”) and hold BetterSpace and its officers, directors, employees and third-party providers harmless from any claim or demand (including but not limited to legal fees) made or incurred by a third party due to or arising out of or related to your breach of the terms and conditions of this Agreement and/or use of the Platform (and all related materials) and/or any applicable laws, regulations or third party rights.

17. Assignment by BetterSpace

BetterSpace may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.

18. Entire agreement

This Agreement (incorporating these terms and the Privacy Policy as may be updated from time to time) constitutes all the terms and conditions agreed upon between you and BetterSpace and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of this Agreement in any written or oral communication from you to Wellbeing X are invalid.

19. Term and termination

This Agreement is between you and us only and will become effective when you start using the Platform and will remain effective until terminated by you, Corporate or BetterSpace. BetterSpace reserves the right to terminate this Agreement or suspend your BetterSpace account at any time in case of unauthorised, or suspected unauthorised use of the Platform whether in breach of this Agreement or otherwise. If BetterSpace terminates this Agreement, or suspends your BetterSpace account, for any of the reasons set out in this section, BetterSpace shall have no liability or responsibility to you whatsoever, and WelbeingX shall not refund any amounts that you have paid.

20. How we handle complaints

We will try to resolve any issues you may encounter as soon as we are aware of them. Any issues or complaints should be sent to the “Help” function on the BetterSpace Platform, or using the e-mail address “support@betterspace.uk”, or raised directly with a BetterSpace representative involved in the Corporate pilot. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a query. The complaints procedure for data processing issues is explained in our Privacy Policy.

We will fully investigate your complaint and ensure that we address everything as soon as possible. We will be impartial, admit if we have done something wrong and take all reasonable steps to put things right. We will always try our hardest to contact you and to let you know the outcome of your complaint. The length of time it takes us to deal with your complaint may vary, depending on how complex it is, but we will always try to resolve things within one week of you making us aware of it. If you are not satisfied with the result of your complaint, you have the right to complain to the relevant ombudsman in the UK in order to try to resolve the complaint between us, or exercise your legal rights as a consumer.

21. Governing law, disputes and miscellaneous

This Agreement shall be governed by the laws of England & Wales and any claim or dispute under these Terms shall be subject to the non-exclusive jurisdiction of the courts of England & Wales. This Agreement is not intended to confer any benefit on any third party and no third party shall have the right to enforce this Agreement under the Contract (Rights of Third Parties) Act 1999 or otherwise. The Platform is controlled by BetterSpace from its offices in the United Kingdom. Access to, or use of, the Platform, including the BetterSpace Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Platform. We make no representation that the information contained herein is appropriate or available for use in other locations. If we fail to enforce any of our rights under this Agreement or applicable laws, it shall not be deemed to constitute a waiver of such right. You may not transfer or assign or sell any rights or obligations you have under this Agreement or otherwise grant any third party a legal or equitable interest over your BetterSpace account. BetterSpace reserves the right to transfer or assign the terms within this Agreement or any right or obligation under this Agreement at any time. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

This Agreement shall be concluded and interpreted in the English language. All communications between the parties shall be in the English language. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.

22. Contact

You can contact us by e-mail using the following details: support@betterspace.uk Or by post at: BetterSpace, The Worker’s League, 6-8 Bonhill Street, London, England, EC2A 4BX.

Please note that we are unable to answer any enquiries requesting medical advice. Such enquiries should be addressed to an appropriate, qualified health practitioner.