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User terms

Happiness Lab (HL) provides products and services, which can be accessed through a PC and other devices (Services). These User Terms have legal effect between you and Happiness Lab entity providing access to the Services, no matter how you access the Services. Please read them carefully before using any of the Services.

By using the Services, you agree to comply with and be bound by these User Terms, and agree that you have read and understood them and the documents they refer to. If you do not agree with these User Terms, you must not access or use the Services.

Part A applies to you if you are a customer or are accessing the Services through a customer (Paid Access). Part B applies to you if you are taking a trial of the Services (Trial Access). Part C applies to all users.

 

A. Paid Access Terms

  1. User access: HL provides the Services under licence to customers of HL (each, a Customer). In providing you with an account or access link, a Customer or HL may invite you to access the Services. HL may permit its Customer to grant you access provided that its Customer complies with certain restrictions and provided that its Customer remains responsible for your use and actions relating to the Services. Other terms may apply to the Services in addition to these User Terms, in particular, our terms agreed between HL and your organisation.
  2. Community Term and any Use by you: you may, in the ordinary course of your organisation’s business and for your internal purposes only, subject to the restrictions below (a) view, use and customise the material on the Services; and (b) download, print, store and/or distribute (i) limited extracts of the material on the Services that have no independent commercial value and could not be used as a substitute for any service (or a substantial part of it) provided by HL or our affiliates or (ii) if it is your own content or (iii) if you otherwise have a valid permission to do so.
  3. Disclaimer: the Services are provided by HL to the Customer. HL makes no representations or warranties to you of any kind, express or implied, as to the operation of the Services or the information, content or materials included on the Services. Your use of the Services is governed by your relationship with the Customer and these User Terms.
  4. No advice: the Services may include examples, reports and other general information provided by HL or third parties; however, any general information or reports provided as part of the Services, should not be considered as a substitute for the advice of a Human Resources professional or Medical Adviser, in relation to issues which arise from your use of the Services.
  5. Data you submit: in using the Services, you must ensure any data or information you submit or send: (a) is accurate (where it states facts); (b) is genuinely held (where it states opinions); and (c) complies with applicable law in any country from which it is posted, and that you have all necessary permissions to place such information (including personal information) on the Services.
  6. Confidentiality and intellectual property rights: some content and materials accessible via the Services may be confidential to your organisation or to another user and may also be protected by intellectual property rights around the world. You must not seek to ascertain the identity of other users and will respect user privacy and anonymity. HL may revoke your user permissions if you misuse the Services in this way.
  7. Your breach: in its sole discretion, HL may remove content or postings and/or suspend your user account and access to the Services if it believes you are using or have used the Services in breach of these User Terms.
  8. Privacy and cookies: privacy is important to HL. You agree and understand that HL may process your personal information in accordance with the HL Privacy Policy. HL uses cookies on its site in accordance with the HL Privacy Policy.

 

B. Trial Access Terms

  1. Licence: for the duration of the Trial Period (as set out in your Welcome/ Logon information email or as otherwise agreed between you and HL) HL grants you a non-exclusive licence to search and view the materials on the relevant Service, so that you can evaluate whether you wish to subscribe to the Service. We may monitor your usage of the Service during the Trial Period.
  2. Trial Period restrictions: during the Trial Period you may not (i) download to a local machine, network or disk any materials from the Services and save them in electronic form; (ii) copy and paste any materials from the Services; (iii) make print outs or copies of any materials from the Services; (iv) email or otherwise make available materials from the Services to anyone else; (v) modify any materials from the Services; (vi) use personal data included within, or accessed via, the Services in a way as to knowingly or negligently cause us to breach our obligations under applicable data protection laws; or (vii) process personal data included within, or accessed via, the Services for any purpose other than to trial the relevant Service for the Trial Period (bearing in mind the restrictions applicable to the use of that Service as shown in the Service’s product literature). You should also note the general restrictions at C1 below.
  3. Disclaimer: all warranties, conditions and other terms implied by statute or common law are excluded to the maximum extent permitted by applicable laws. HL makes no representations or warranties to you of any kind, express or implied, as to the operation of the Services or the information, content or materials included on the Services.
  4. Personal information and privacy: if we are the data processor of any personal information you have included within the Services, we will process that personal information in accordance with the Privacy Policy. If we are the data controller of your personal information, you agree and understand that HL may process your personal information in accordance with the HL Privacy Policy. You will not upload the personal information of any individual to the Services unless you are legally permitted to do so.

 

C. Terms applying to Paid Access and Trial Access

  1. General restrictions: unless otherwise expressly permitted, you may not: (i) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer the Services or the materials on them in whole or in part, or as a component of any other product or service; (ii) use the Service or the materials on them to create any derivative works or competitive products; (iii) you must not seek to ascertain the identity of other users and will respect user privacy and anonymity; (iv) allow any third parties to access, use or benefit from the Services or materials on them in any way; (v) use any programmatic, scripted or other mechanical means to access the Services or the materials on them; or (vi) share your password or logon details with anyone.
  2. No reliance: HL is not responsible for any loss, damage or cost resulting from any decisions that are made in reliance on the Services, including legal, compliance and/or risk management decisions. You agree that you use the Services at your own risk in these respects.
  3. Intellectual property rights: HL and its licensors own and reserve all intellectual property rights in the Services (including, but not limited to, all copyright), and you agree that you will not do anything to infringe or prejudice those rights.
  4. Changes to these User Terms: HL may post changes to these User Terms via the Services, and such changes shall be effective from the next time you use the Services.
  5. Governing law: these terms are governed by English law.

 

User Terms v1 (01/09/2020)