WorkFu Terms and Conditions
Welcome to WorkFu. The following WorkFu Terms and Conditions are between you and WorkFu Development Limited and its affiliates ("WorkFu") and constitute a legal agreement that governs your use of the WorkFu product, software, services and related websites (collectively referred to as the "Service"). WorkFu offers you access to the Service conditioned on your acceptance of these WorkFu Terms and Conditions, including your agreement to the Privacy Statement.
WorkFu's Privacy Statement contains information about WorkFu’s practices for collection and use of information about you and your use of the Service. You agree that WorkFu may collect, use, transmit, process and store information related to you, your account and devices registered under it to operate and provide the Service in accordance with the Privacy Statement. Personal information collected through the Service may be stored and processed in the United States and any other country in which WorkFu or its service providers maintain facilities. By using the Service, you consent to the transfer of information outside of the country where you reside, including jurisdictions that may not have data privacy laws that provide equivalent protection to such laws in your home country. Please review the Privacy Statement.
Please read these Terms carefully before accessing or using the Service. By clicking a box that indicates you agree to the Terms, or by otherwise accessing or using the Service, you agree to be bound by these Terms. You must be 13 years of age or older to register for or use the Service. By registering or using the Service, you certify that you are 13 years of age or older. If you do not wish to be bound by these Terms or if you are under the age of 13, do not access or use the Service. WorkFu reserves the right to change these Terms at any time in accordance with Section 13.
1. Additional Terms
Additional terms may be presented to you in connection with your use of the Service or particular features of the Service. You agree to comply with any additional terms, which are incorporated in these Terms by reference. You may also be subject to additional terms and conditions from third parties that may apply when you purchase products or services or use or download software from third parties, including your wireless carrier’s terms and conditions.
2. Description of the Service
Mobile Service, Internet Access and Separate Fees
Use of the Service may require one or more compatible devices, internet access and a subscription to a wireless mobile data service, which are not included with the Service and must be obtained separately. You are responsible for obtaining and paying for such devices and other services, including without limitation all usage charges related thereto (including standard rates that apply to mandatory service communications WorkFu may send to you), and these devices and services will be subject to the terms and conditions of the third parties who provide them. The Service may not work or be available with all devices or wireless carriers.
Availability of the Service
You may use the Service when it is available. The Service may not always be available. There may be interruptions or extended downtimes. A particular version of the Service or feature may be a pre-release version and may not work correctly or in the way a final version might work. If a version of the Service or feature thereof is a pre-release or trial version, WorkFu may significantly change the final version or decide not to release a final version at all. WorkFu reserves the right to change or remove, delete, restrict or block access to, or stop providing all or any part of the Service (including any features thereof) at any time without notice. The Service and any feature or part thereof may not be available in all countries.
Upon entering the WorkFu application, you will give the application permission to access your information on your networks (for example your Twitter profile, friends & followers), to the extent permitted by the networks privacy settings. The application will generate keywords from such personal information. Occassionally WorkFu may update this information from these permitted networks. Therefore, you may not see the same WorkFu when you enter the application on subsequent visits because your personal information may have changed.
3. WorkFu Content; Proprietary Rights; License; Updates
"WorkFu Content" means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that WorkFu and its licensors provide to you in connection with the Service. WorkFu and its licensors own all WorkFu Content, including the selection and arrangement of the WorkFu Content and the “look and feel” of the Service except to the extent that such WorkFu Content contains your personal information that WorkFu has obtained to provide the Service and which WorkFu uses in accordance with the Privacy Statement. WorkFu and its licensors own all legal rights, title and interest in and to the Service, WorkFu Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with the Service (the "Software"), including any and all intellectual property and other proprietary rights that exist therein. WorkFu grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by WorkFu as part of the Service and in accordance with these Terms.
4. Use of information and content
WorkFu may use and disclose your information and content (including the content of your communications) to comply with the law and lawful requests or legal process, enforce the terms and policies governing your use of the Service, including investigations of any potential violation, detect or prevent security, fraud or technical issues, protect the rights or property of WorkFu and its customers, when WorkFu believes in good faith that the disclosure is necessary to protect the personal safety of WorkFu, its employees, customers or the public, and as otherwise disclosed in the Privacy Statement.
5. No Warranties
The Service, Linked Sites, WorkFu Content, Third Party Materials, third party services and all related websites, including without limitation, updates and upgrades for the Software installed on your device that you download to your device via the Service, are provided "AS IS," "WITH ALL FAULTS" and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is with you to the maximum extent permitted by applicable law. WorkFu and its suppliers and licensors make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. In particular, WorkFu, its suppliers and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by you using the Service will be accurate or reliable; or (iv) any defects or errors in the Software provided to you as part of the Service will be corrected. WorkFu does not control your internet provider or wireless carrier, and no warranty is made as to coverage, availability or service provided by your internet provider or wireless carrier. You are responsible for compliance with all applicable laws in connection with your access and use of the Service. You may have additional consumer rights under your local laws that these Terms cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, such terms are deemed incorporated into this document but WorkFu’s liability for a breach of such statutory implied terms is limited in accordance with and to the extent permissible under such legislation.
6. Disclaimer of Certain Damages
In no event will WorkFu or any supplier or licensor be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Service, your use of the Service, the Software, Linked Sites, WorkFu Content, or Third Party Materials or services, even if WorkFu or any supplier or licensor has been advised of the possibility of such damages.
7. Limitation of Liability and Exclusive Remedy
WorkFu’s and its suppliers' and licensors' maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Service, your use of the Service, the Software, Linked Sites, WorkFu Content, and Third Party Materials or services will be to recover the actual damages you incur based upon reasonable reliance on the Service up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Service, your use of the Service, the Software, Linked Sites, content, or Third Party Materials or services will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you. Some jurisdictions also do not allow unfair contract terms. If the above liability cap is in any respect deemed “unfair” under local legislation, it will to that extent not be applicable but instead the words “up to five dollars (U.S. $5.00)” will be deemed replaced by the words “up to the value of the transaction in respect of which liability has arisen”. Nothing in this section 8 will be interpreted as purporting to exclude liability which cannot under prevailing legislation be excluded, but any such statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under such legislation.
You will defend, indemnify and hold WorkFu, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable lawyers’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted or otherwise made available by your use of the Service; (b) your use of the Service and activities occurring during such use of the Service; (c) any violation by you of these Terms; or (d) your violation of any third party rights. This obligation will survive the termination or expiration of these Terms and your use of the Service.
9. Independent Remedies
The exclusion of damages under Section 6 is independent of your exclusive remedy in Section 7 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 6 and 7 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
10. Copyright Notice and Takedown Procedures
You agree to respect the intellectual property rights of WorkFu and third parties. If you believe that material available through the Service infringes the copyright of any third party, please notify WorkFu’s copyright agent by using the notice procedure described at Notice and Procedure for Making Claims of Copyright Infringement. After receiving notice, WorkFu may remove or disable access to any infringing material. WorkFu has the right to terminate any account or right of access to the Service for infringement of WorkFu’s or others’ rights.
11. Applicable Law and Forum
Regardless of conflict of laws principles the laws of England and Wales govern these Terms and the interpretation thereof. You and WorkFu agree to submit to the exclusive jurisdiction of the Courts of England and Wales for any and all disputes, claims and actions arising from or in connection with the Service and these Terms. The United Nations Convention on the International Sale of Goods is expressly excluded from application to these Terms. Any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be barred.
12. Changes to these Terms
WorkFu reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. Your acceptance of the Terms by clicking a box (if one is made available to you), or your continued use of the Service after the updated version of the Terms becomes effective, constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately discontinue your use of the Service.
WorkFu reserves the right to terminate these Terms or the Service at any time. Also, WorkFu may suspend or terminate your access to the Service or any portion thereof at any time, if it believes you have violated the Terms (including violations of the Code of Conduct) without notice. You may discontinue your use of the Service at any time. Neither WorkFu nor its licensors or service providers will be liable to you for any termination of your access to the Service.
WorkFu may give you all notices (including legal process) that WorkFu is required to give by any lawful method, including by posting notice on the Service or by sending it to any email or mailing address that you provide to WorkFu. You agree to keep your email and mailing addresses current and to check for notices posted on the Service.
If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. WorkFu may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service. WorkFu’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement) and any other incorporated terms constitute the entire agreement between you and WorkFu with respect to the Service. These Terms supersede all prior or contemporaneous communications of any kind between you and WorkFu with respect to the Service. Any translation of these Terms is done for local requirements. If there is a dispute between the English and any non-English version, the English version of these Terms will govern.
If you experience a problem with the Service, please contact WorkFu at firstname.lastname@example.org
17. Copyright and Trademark Notices
Except for User Content, all content offered in connection with the Service is © 2012 - 2014 WorkFu Development Ltd. Copyright and other intellectual property laws and treaties protect any software and content provided using the Service. WorkFu and/or its suppliers own the title, copyright and other intellectual property rights in the Service, WorkFu Content, Feedback and Software (including any software updates and upgrades that are downloaded for your device via the Service).
Opportunities created by you on WorkFu will be displayed for 30 days or for the time period chosen by you.
Any discounts and voucher codes offered to you are confidential and may not be disclosed or shared.
© 2012 - 2014 WorkFu Development Ltd.