Terms and Conditions

1. Introduction

These Terms of Use (“Terms”) govern the use of our platform (Wurkr) and any affiliated domains and websites, mobile application (“App”) owned by Wurkr, and products and/or services from us, (collectively, the website, App, products and services referred to as our “Site”). In these, (“User”, “you” and “your”) refers to you as a user of Wurkr. (“We”, “us”, “ours” or “Wurkr”) refers to Wurkr and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders.

These terms apply to visitors and Users of our platform, App, site.

By using our service, you represent and warrant that you have read, understand, and agree to be bound by these terms.

If you do not agree to be bound by these terms, you may not access or use Wurkr.

2. Condition of use

2.1 Wurkr enables you to interact with your colleagues. Through Wurkr, you can see what is going on in the office, speak to and see your colleagues, as well as share your screen.

2.2. You are trialing Wurkr free of charge until 31 October 2022 in exchange for weekly feedback about your user experience to Wurkr. You may not return, exchange or refund Wurkr.

2.3 Wurkr will not record or store any sensitive information concerning your company. Wurkr’s purpose with this trial is to evaluate the user experience of the trial version of the Wurkr platform in order to optimize and adjust the Wurkr platform.

2.4 You may not sell or re-sell your rights related to Wurkr.

2.5 You may only use Wurkr in accordance with these terms. If you breach any of the provisions of these terms, your license to Wurkr is terminated immediately. We may terminate all or part of your licenses at any time for any reason. We may also remove Wurkr from our site at any time for any reason without any notice to you.

2.6 We reserve the right, at any time and without any notice, to revise these terms. You will be bound by any such revisions and as such, you are advised to check the Site from time to time and review the current terms.

2.7 Additional terms may apply to certain products and services offered through the platform, these will be made available for you to read in connection with that product or service. By using that product or service, you agree to the additional terms. To the extent that the additional terms conflict with any of these terms, these terms will govern unless otherwise specified in such additional terms.

3. Your account and representations

3.1 By visiting Wurkr or creating an account and/or avatar in the Wurkr system, you represent, warrant and covenant that:

that all materials of any kind submitted by you will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights;
you have not been prohibited from using or accessing any aspect of our site by us or under to any applicable law or regulation;
you will comply with all of the terms and conditions, as revised from time to time, of any third party payment provider selected by us, and you are not on a prohibited list of that third party payment provider;
you will not use Wurkr for any illegal activity.

3.2 You must be at least 18 years old to use Wurkr.

3.3 You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We shall not be responsible or liable, directly or indirectly, in any way for any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of, or in connection with, your failure to comply with this condition.

3.4 You are responsible for your use of any Wurkr functionality, your account and our platform including representing and warranting that:

you will not use or authorize the use of Wurkr for any purposes other than professional internal, non-commercial, and non-promotional purposes;
you will not violate any regulation, court order, or law, submit, post, share, or encourage action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable;
you will not send unsolicited or unauthorized advertising or commercial communications, such as spam;
you will not engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the site;
you will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the site or services;
you will not transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems.

4. Changes to Wurkr

We enhance and update Wurkr often and we reserve the right to change, suspend, cancel, or discontinue any or all aspects of Wurkr at any time, and make modifications and alterations in any or all the content and services contained on the site with or without prior notice to you. If we change the software in any way, any services purchased by you will be unaffected unless we inform you expressly to the contrary.

5. Restrictions on use of materials

5.1 The ownership and/or copyright in the user data displayed in Wurkr belongs to us or our licensors.

5.2 No user may sell or resell the services of Wurkr to any person or make any other commercial use of the services other than for its own personal non-commercial purposes for user or own personal commercial purposes for talents.

5.3 No user or talent may delete or remove any copyright notices, trademark notices or other security mechanisms contained in or on the services.

5.4 You are not allowed to copy, publish, reuse, distribute, transmit, license, sublicense, modify, transfer or use the content of Wurkr for public or personal or commercial purposes, including the text, images, logos, audio, videos, without our prior written consent.

5.5 These terms will govern any upgrades provided by Wurkr that replace and/or supplement the site, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

6. Intellectual property rights

6.1 You agree and understand that all logos, trademarks and service marks associated with Wurkr and Wurkr, the Wurkr name and all graphic designs, style templates, topography rights, icons, programming code, and other graphic elements incorporated therein; and all right, title and interest in and to any other intellectual property or proprietary rights, including without limitation, all inventions, copyrights, trade secrets, patents, secret formulae, processes and know-how relating to or comprising the design, function, or operation of the services, including the site, in each case whether registered or not (Intellectual Property Rights) located on the platform are our property, or their respective licensors.

6.2 Nothing contained on Wurkr shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property Rights, without our prior written consent or the third party that may own such Intellectual Property Rights.

6.3 You hereby acknowledge and agree that any use of Intellectual Property Rights as displayed on the sites, except as provided herein is strictly forbidden. Any unauthorized use of Intellectual Property Rights displayed on the sites may violate copyrights laws, trademarks laws and any other laws applicable in this respect.

7. Disclaimer and limitation of liability

7.1 You acknowledge and agree that your use Wurkr is at your own risk and that our site and all information materials and descriptions contained on Wurkr are provided on an “as is” and “as available” basis. Wurkr is not intended to provide complete descriptions of all terms, exclusions, conditions applicable to each and every Service offered through the Site. We make no warranty nor representation whatsoever that the information and materials contained on the Site or the content of any social media platform or third party website linked to or integrated with our Site are suitable for your needs neither are complete, reliable or free from errors or inaccuracies.

7.2 You acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, in any way for any damages, losses, costs, expenses, or liabilities of any kind incurred or suffered by you or by any third party as a result of, or in connection with your purchase or purported purchase of any services caused by:

(i) our compliance with any instructions given or purported to be given by you relating to the purchase of the Services, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission;

(ii) your inability to complete or effect any purchase due to system maintenance or breakdown/non-availability of any network;

(iii) or any failure by us to perform any obligation or observe any term of these terms if such failure arises from a failure of, or any unauthorized and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of god, warlike hostilities or war, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event generally outside our control.

We shall not be responsible in any way for any direct, indirect, special or consequential damages arising in any way from your purchase to any Service via the Site.

8. Fees and payments

The beta trial partnership is free of charge until 31 October 2020 unless otherwise agreed.

9. Severability and waiver

9.1 If any provision of these Terms is held to be invalid, void or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these terms and will not affect the enforceability of any other provision. Headings & section titles in these Terms are for convenience and do not define, limit, or extend any provision of these Terms.

9.2 The failure by Wurkr to enforce any right or provision of these terms will not prevent Wurkr from enforcing such right or provision in the future and will not be deemed to modify these terms.

10. Indemnification

To the fullest extent permitted by applicable law, you hereby agree to defend, indemnify, and hold harmless Wurkr and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners and licensors from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

a) your breach of these Terms or the documents referenced herein;
b) your violation of any law or the rights of a third party;
c) your use of this site.

Your indemnification obligations under this Section will survive termination of these Terms for any reason.

11. Jurisdiction and governing laws

11.1 These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of England Wales, without regard to choice or conflicts of law principles.

11.2 Further, you and Wurkr agree to the jurisdiction of England and Wales to resolve any dispute, claim, or controversy that relates to or arises in connection with these terms (and any non-contractual disputes/claims relating to or arising in connection with them).

11.3 Wurkr does not accept any codes of conduct as mandatory in connection with the services provided under these Terms.

12. Entire agreement

12.1 The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

12.2 These terms and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms).

12.3 Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

13. Contact us

If you have any questions concerning Wurkr Service or the terms, please contact Wurkr at info@Wurkr.io