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Terms of Use

Scope of Terms of Use

These Terms of Use have been written by Work on Wellbeing Ltd and apply to the website (http://www.workonwellbeing.com), assessment application, and the wellbeing reports generated by Work on Wellbeing Ltd.

Acceptance of Agreement

By using WoW products (i.e., website, assessment, reports), you agree to comply with and be bound by the following terms of use. Please review the terms carefully. This Agreement constitutes the entire and only agreement between Work on Wellbeing Ltd and you (and/or your company or the company you work for - henseforth 'you'), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to WoW products and applications, the content and the subject matter of this Agreement. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. We also reserve the right, at our discretion, to suspend accounts that are not paid in full within 30 days of invoice until payment is made, after which time the length of the suspension will be added to the account once paid. All data resides with the complete ownership of WoW until accounts are paid and should not be accessed or removed from the WoW website until payment is made. Late payment penatlies of up to 17.5% of the total due, per month, compounding, may also apply and are at the discretion of WoW. Accounts cannot be canceled until full outstanding payments have been made. Please check these terms periodically for changes. Your continued use of the WoW website and applications following the posting of changes to these terms will mean you accept those changes.

Copyright

Work on Wellbeing Ltd owns or licenses all materials in the website, assessment survey, reports and applications (”Materials”). The Materials are copyrighted and/or trademarked, and any unauthorised use of the Materials may violate copyright, trademark, and other laws. The copying, redistribution, use or publication by you of any such matters or any part of the Materials, sites or applications is strictly prohibited, except in cases where written consent has been given by Work on Wellbeing Ltd (e.g., sharing reports). You do not acquire ownership rights to any content, document or other materials viewed through or taken from the sites or applications of Work on Wellbeing Ltd. The posting of information or materials on the site or applications does not constitute a waiver of any right in such information and materials.

Website Links

The WoW website, applications and Materials may contain links to other 3rd party web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any links does not imply approval or endorsement of the linked websites by us. If you decide to leave our website or applications and access these third-party sites, you do so at your own risk.

Recourse

If you are dissatisfied with the WoW website, applications, or Materials, or with any terms, conditions, rules, policies, guidelines, or practices in relation to the WoW website or Materials, your sole and exclusive remedy is to discontinue using the WoW website and applications. 

Use of Information

We reserve the right, and you authorize us, to use and assign all information regarding use of the Sites, Applications and Materials by you, and all information provided by you, in any manner consistent with our Privacy Policy.

Privacy Policy

Our Privacy Policy, as it may change from time to time, forms part of this Agreement.

Disclaimer

THE MATERIALS IN THE WEBSITE AND APPLICATIONS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THESE SITES AND IN THESE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE OR APPLICATIONS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. If applicable law does not allow the exclusion of implied warranties, the above exclusion may not apply to you.

Indemnification

You agree to defend, indemnify and hold Work on Wellbeing Ltd, our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from any and all liabilities, costs and expenses, including attorneys' fees, related to any violation of these terms and conditions by you or others, or arising in connection with the use of the Website, Applications, Materials, or the Internet, including but not limited to the transmission, storage or retrieval of any message, information, software or other materials on the Website, Applications, or Materials or on the Internet by you or others.

Limitation of Liability

We take no responsibility for the accuracy or validity of any claims or statements contained in the information, documents and related graphics on the website. Further, we make no representations about the suitability of any of the information contained in applications, software programs, information, reports, documents and related graphics on the website for any purpose. All such applications, software programs, information, reports, documents and related graphics are provided without warranty of any kind. In no event shall we be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use of information or applications available from the website.

Excluded Parties

Due to the sensitive, valuable and copyrighted materials and processes of WoW products, all persons and related parties and advisors involved directly or indirectly in online wellbeing assessment, broadly construed, are expressly excluded from the use of WoW products without prior approval. Such person and parties should cease using WoW products immediately without first obtaining written permission and consent from one of the Director/s of Work on Wellbeing Ltd. Permission to use WoW products and services, including reading the content on the WoW website, assessment application and questions, and reports and documents should first be obtained by contacting info@workonwellbeing.com Permission is at the discretion of the director/s of WoW and will not be unduly withheld without good reason. If you are a person/s and related party or advisor involved directly or indirectly involved in online wellbeing assessment/s (or similar), you acknowledge and agree that by breaching this condition of gaining prior approval from a WoW director/s, you and the business you work for agree to an immediate and unarguable and legally uncontested (except at the discretion of WoW) fine and payment of $1,000,000 NZ within one week of breaching this condition. 

General Provisions

These terms shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. Assessments are considered to be conducted in Auckland, New Zealand. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in Auckland, New Zealand, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

This statement was last revised on 10 November 2013.