TERMS & CONDITIONS

Date: 3rd May 2017
Workplace Happiness Survey Account Terms and Conditions

Last updated on 1st May 2017

Please read carefully before using the Workplace Happiness Survey (WHS)

These Terms and Conditions operate in conjunction with website Terms and Conditions and Privacy Policy andform a legal agreement between the Licensee or End User, as applicable (you), and ENGAGING WORKS of Mole End Shorts Green Lane, Motcombe, Shaftesbury, Dorset, England, SP7 9PA (EW, us, we and our) as the provider of WHS. You are the Licensee under these Terms and Conditions if you are ordering a Licence to use WHS. Where a Licence is ordered on behalf of an organisation, the organisation is the Licensee. You are an End User under these Terms and Conditions if you have been granted a User Account either by the Licensee or by an Admin User on behalf of the Licensee. By signing into WHS you agree to these Terms and Conditions. These Terms and Conditions include, in particular, limitations on liability in Condition 5.

If you do not agree to these Terms and Conditions, we will not permit you to use WHS.


Important notice to Consumers

If you have purchased a Licence to use WHS and you are an individual not acting for the purposes of your business or profession you have the right to withdraw from your transaction without charge and without any reason within fourteen (14) days after the commencement of your subscription to WHS. This does not affect your consumer rights for any defective performance of HS.


Definitions used in these Terms and Conditions

"Admin User" An End User with the ability to manage other End Users and Licence renewal payments. In a Single User Account, the sole End User is an Admin User.

"Billing Contact" An End User who will act as the contact point for Licence renewal payments.

"WHS" The survey is available exclusively via https://engaging.works/business

"WHS Account" The Organisation’s account in its entirety, as opposed to User Accounts.

"EW Website" Refers to the blog, features and support pages at https://engaging.works

"EW" Engaging Works, the provider of WHS. Also referred to in these Terms and Conditions as us, we and our.

"Consumer" A private individual purchasing a Licence to use WHS but who is not acting for the purposes of their business or profession.

"Data Controller" As defined in the Data Protection Act 1998.

"Data Processor" As defined in the Data Protection Act 1998.

"Data Protection Legislation" As defined in Condition 9.1.

"Data Subject" As defined in the Data Protection Act 1998.

"Downgrade" The Account owner requesting a credit from EW for un-used pre-paid HS surveys.

"End User" Any individual who has a User Account.

"Fee" The payment made by you to EW in exchange for a Licence to use HS.

"Licence" Your right to use WHS for a fixed number of surveys, provided in exchange for a Fee.

"Licensee" The individual ordering or renewing a Licence to use WHS. Where a Licence is ordered on behalf of an organisation, the organisation is the Licensee.

"Organisation Account/Licence" A WHS Account/Licence that permits End Users to complete the specified survey up to the number of surveys pre-purchased. Details of the features and pricing options are available at https://engaging.works/business#pricing

"Personal Data" As defined in the Data Protection Act 1998.

"Primary Contact" An End User who is an Admin User, but also has ultimate responsibility for the WHS Account and acts as its Data Controller. The sole End User in a Single User Account is the Primary Contact.

"Single User Account/Licence" A WHS Account/Licence that permits only one End User. Details of all the features of Single User Account are available at https:/engaging.works/business#pricing

"Specification" The description of WHS and its functionality as set out on the EW Website at https://engaging.works/business#pricing

"Upgrade" The account owner requesting additional survey bundles at the prevailing pricing schedules.

"Use"/"Usage" "Use" of WHS is defined expressly as an End User logging into an active WHS Account for any purpose.

"User Account" An account granted by the Licensee, or an Admin User on behalf of the Licensee, to an End User


1. Grant and scope of use by you of WHS

1.1 In consideration of payment by you of the agreed Fee and you agreeing to abide by these Terms and Conditions, we hereby grant to you a non-exclusive, non-transferrable right to use WHS under these Terms and Conditions for the duration of your pre-purchased surveys in accordance with these Terms and Conditions.

1.2 You may use WHS:

  1. for your internal business purposes;
  2. for your own personal purposes (as a Consumer);
  3. if you have been granted a User Account by the Licensee as one of the number of permitted End Users agreed between the Licensee and EW.

2. Responsibilities and restrictions

2.1 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you undertake:

  1. not to divulge your User Account password to any other person or share a User Account with any other person. Each person who has access to a WHS Account must use a unique username and password. Multiple users must not log in using a single set of shared credentials (such as a ‘group account’).
  2. to notify EW if you become aware of any unauthorised use of WHS through your WHS Account;
  3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of WHS, nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of WHS with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving inter-operability of WHS with another software program with our prior written consent; and
    2. is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
    3. is not used to create any survey solution which is substantially similar to WHS without our prior written consent;
  4. to ensure you provide up-to-date contact details in WHS;
  5. that you will not engage in any activity that interferes with or disrupts WHS (or the servers and networks which are connected to WHS);
  6. not to use WHS in a manner that uses a disproportionate share of WHS’s resources. EW will notify any user who uses a disproportionate share of WHS’s resources and affects the experience of other users. EW reserves the right to suspend any such survey should the user choose not to take steps that EW recommends to address the matter.
  7. not to use WHS in a manner that is likely to harm the reputation of WHS or EW. This includes, but is not limited to:
    1. misleading survey respondents about the nature of a survey and the use of their data, including claiming a survey is anonymous when it is not;
    2. the gratuitous inclusion of violent, pornographic or any other offensive content in a survey;
    3. the use of WHS to bully, threaten or harass any person or group of people; and/or
    4. the use of WHS to promote any form of violence, abuse or criminal activity;
    5. the use of copyrighted material, without permission, in a survey;

    Additionally, if you are the Primary Contact:

  8. to be responsible for the use of WHS within your organisation including timely deletion of User Accounts and data;
  9. to manage HS Account Upgrades and Downgrades and other requests on behalf of your organisation (if applicable);

  10. Additionally, if you are an Admin User (including the Primary Contact):

  11. to be responsible for the creation of End Users, to supervise and control use of End User access to WHS and ensure WHS is used by your WHS Account’s End Users in accordance with these Terms and Conditions;
  12. m. not to provide, or otherwise make available, access to WHS, including through any form of re-sale of licencing in whole or in part, in any form to any person or organisation for their own separate business purposes without prior written consent from EW.

  13. If you are a Consumer:

    If you are a Consumer, we only supply the use of WHS for private use. You agree not to use WHS for any commercial, business or re-sale purposes.

2.2 In the event that you do not comply with the above Responsibilities and Restrictions in these Terms and Conditions we may terminate your WHS Licence and you will forfeit any Fees you have paid for the use of WHS.

3. Intellectual property rights

3.1 You acknowledge that all intellectual property rights in WHS belong to EW, that rights to use WHS are licenced (not sold) to you, and that you have no rights in, or to, WHS or any information therein other than the right to use them in accordance with these Terms and Conditions.

3.2 Any intellectual property rights in material generated by you in using WHS shall be your property.

3.3 By agreeing to use WHS under these Terms and Conditions you agree to provide EW with a non-exclusive, royalty-free licence to use, reproduce, distribute and re-format your results for the purposes of providing comparable data to WHS users (at no stage will your organisation’s results be identifiable to others).

3.4 You must not use WHS in a manner which infringes any copyright, patent, trade mark, design or other intellectual property right. You must ensure you have the right to use any files/images that you upload or embed into a survey. Any queries from third parties (or arising from our own audits) regarding copyright, or other intellectual property right, infringement will be passed on to the Licensee. We reserve the right to temporarily disable a survey and/or User Account while any claim of infringement is investigated. If it is subsequently discovered that the survey included content without permission we reserve the right to close your account.

3.5 We may access your survey data and survey metadata for the purposes of operating and enhancing WHS, for example, to test backward compatibility of new WHS features. We may publish anonymous summary statistics of WHS survey data and survey metadata, for example, response rates and average number of questions. We will not publish identifiable survey data or survey metadata without your permission. No individuals will be identified unless we have obtained their permission.

4. Limited warranty

4.1 We warrant that WHS, when properly used, shall perform substantially in accordance with the functions set out in the Specification during the term of your Licence to use WHS.

4.2 If, within the term of your Licence to use WHS, you notify EW in writing of any defect or fault in WHS that results in its failure to perform substantially in accordance with the Specification, we will remedy the fault, provided that you make available all the information that may be necessary to help us remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.

4.3 The warranty does not apply:

  1. to any failure by you to adequately use WHS in designing, distributing or carrying out analysis of surveys; or
  2. if the defect or fault results from you having used WHS in contravention of these Terms and Conditions.

4.4 If you are a Consumer, this warranty is in addition to your legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.

4.5 The Service Levels provided by us are further detailed in Schedule 1 to these Terms and Conditions.

4.6 EW offers no support or warranty for surveys edited outside of WHS including those created in third party tools or changes made to surveys downloaded from WHS itself.

5. Limitations of liability

5.1 You acknowledge that WHS has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of WHS, as described in the Specification, meet your requirements.

5.2 We shall not, under any circumstances whatever, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions, for:

  1. loss of profits, sales, business or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss or corruption of data or information;
  5. loss of business opportunity, goodwill or reputation; or
  6. any indirect or consequential loss or damage.

5.3 Other than the losses set out in Condition 5.2 (for which we are not liable), our maximum aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort (including negligence) or otherwise shall, in all circumstances, be limited to a sum equal to the Fee paid in the previous 60 days for our Licence to use WHS. This maximum cap does not apply to Condition 5.7.

5.4 These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of WHS. Except as expressly stated in these Terms and Conditions, there are no conditions, warranties, representations or other terms, express or implied, that are binding on EW. Any condition, warranty, representation or other term concerning the supply of WHS which might otherwise be implied into, or incorporated in, these Terms and Conditions whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

5.5 If you are Consumer, we only supply the use of WHS for private use. You agree not to use WHS for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5.6 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the amount specified in Condition 5.3, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and EW at the time we granted you the use of WHS under these Terms and Conditions.

5.7 Nothing in these Terms and Conditions shall limit or exclude our liability for:

  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any other liability that cannot be excluded or limited by English law.

6. Termination

6.1 We may terminate your Licence to use WHS immediately by written notice to you if you commit a material or persistent breach of these Terms and Conditions which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

6.2 In the event of non-renewal of your Licence your WHS Account will be suspended and all User Accounts and survey data will be deleted 35 days after the date of suspension. Your data will be held in backups for a maximum of three months after your data is deleted.

6.3 Upon termination for any reason:

  1. all rights granted to you for your use of WHS under these Terms and Conditions shall cease; and
  2. you must immediately cease all activities authorised by these Terms and Conditions.

7. Communications between us

7.1 The Primary Contact for the WHS Account will act as the main point of contact between you and EW. Should other defined points of contact fail (e.g. Billing Contact or Admin User), the Primary Contact will be ultimately responsible.

7.2 If you wish to contact us in writing, or if any condition in these Terms and Conditions requires you to give us notice in writing, you can send this by email or pre-paid post to:

  1. For notices regarding the functioning of, your Licence to use WHS:

    support@engaging.works We will confirm receipt of this by contacting you in writing, usually by e-mail.

  2. For legal notices:

    Mole End Shorts Green Lane, Motcombe, Shaftesbury, Dorset, England, SP7 9PA

7.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have provided.

7.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

8. Events outside our control

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Condition 8.2.

8.2 An Event Outside Our Control means any act or event beyond our reasonable control including, without limitation, failure of public or private telecommunications networks.

8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:

  1. our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;
  2. we will use reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.

9. Data protection requirements

9.1 The Licensee and EW shall observe their obligations under the Data Protection Legislation (including the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003) and all applicable laws and regulations relating to the processing of Personal Data and privacy including, where applicable, the guidance and codes of practice issued by the Information Commissioner. With respect to the parties’ rights and obligations under these Terms and Conditions, the parties agree that the Licensee is the Data Controller and that EW is the Data Processor.

9.2 Where the Licensee is an organisation, the Primary Contact will act on behalf of the organisation, in its capacity as the Data Controller, in ensuring that any processing of Personal Data for which it is responsible complies with the Data Protection Act 1998 and all other laws and regulations relating to the processing of Personal Data.

9.3 Where EW, pursuant to its obligations under these Terms and Conditions, processes Personal Data on behalf of the Licensee, it shall:

  1. process Personal Data only in accordance with instructions from the Primary Contact (which may be specific instructions or instructions of a general nature as set out in these Terms and Conditions, or as otherwise notified by the Primary Contact during the term of the Licence);
  2. process the Personal Data only to the extent, and in such a manner, as is necessary for the provision of WHS or as is required by law or any other regulatory body;
  3. obtain prior written consent from the Primary Contact in order to transfer the Personal Data to any sub-contractors or affiliates for the provision of WHS;
  4. ensure that any EW personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Condition 9;
  5. ensure that no EW personnel publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Primary Contact;
  6. notify the Primary Contact (within five working days) if it receives:
    1. a request from a Data Subject to have access to that person’s Personal Data; or
    2. a complaint or request relating to the Licensee’s obligations under the Data Protection Legislation.
  7. provide the Primary Contact with full cooperation and assistance in relation to any complaint or request made, including by:
    1. providing the Primary Contact with full details of the complaint or request;
    2. complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Primary Contact’s instructions; and
    3. providing the Primary Contact with any Personal Data it holds in relation to a Data Subject (within the timescales required by the Primary Contact).
  8. provide a written description of the technical and organisational methods employed by EW for processing Personal Data (within the timescales required by the Primary Contact); and
  9. not process Personal Data outside the European Economic Area without prior written consent of the Primary Contact and, where the Primary Contact consents to transfer, to comply with:
    1. the obligations of the Data Processor under the Eight Data Protection Principles set out in Schedule 1 of the Data Protection Act 1998 by providing an adequate level of protection to any Personal Data that is transferred; and any reasonable instructions notified to us by the Primary ContactEW shall not be responsible for data downloaded by an End User from WHS and subsequently held on another server, personal electronic device or produced on printed reports.

10. Other important terms

10.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or obligations under these Terms and Conditions.

10.2 You may only transfer your obligations under these Terms and Conditions to another person if we agree in writing.

10.3 These Terms and Conditions constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by, or on behalf of, us which is not set out in these Terms and Conditions or any document expressly referred to in it.

10.4 If we fail to insist you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.5 We may be required to review content to determine if it is appropriate or if it is violating any terms of service such as our receipt of a report of unlawful content, however we have no obligation to monitor or review content.

10.6 Any price changes will be promoted on the site and apply with immediate effect on pre-purchased products.

10.7 You are unable to Downgrade your WHS Account. No refunds will be available for unused surveys

10.8 Upgrades to your WHS Account are available through purchasing additional survey bundles at the prevailing pricing schedules.

10.9 Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

10.10 We reserve the right to alter these Terms and Conditions during the term of your Licence.

10.11 Please note that these Terms and Conditions, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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