TERMS OF USE FOR WFH HELPERS LTD.

TERMS OF USE FOR WFH HELPERS

 

These terms and conditions (“Terms”), together with any and all other documents referred to herein, set out the terms under which you may use the WFHH platform (“WFHH”). Please read these Terms carefully and ensure that you understand them. If you do not agree to comply with and be bound by these Terms, you must not use or access WFHH.

 

Our platform is not intended for use by people under the age of 18 years, and it is intended for use solely by parents and guardians aged 18 years and older. By using our platform, you confirm that you are aged 18 years or older, and able to understand, agree to comply with and be bound by these Terms.

 

1.     DEFINITIONS AND INTERPRETATION

 

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our platform;

“Customer”

means a party who finds Services and/or Helpers on WFHH;

“Data Protection Legislation” 

the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the GDPR (General Data Protection Regulation ((EU) 2016/679)) and any other directly applicable European Union regulation relating to privacy;

“Helper”

means a party who lists their Services on WFHH;

“Helper Content”

means any Content added to WFHH by a Helper;

“Our Content”

includes our name, logo, branding, descriptions, photographs, images, copy, website content excluding User Content, and any other distinctive markings associated with us;

“Personal Data”

the definition given to personal data under the relevant Data Protection Legislation;

“the Services”

means any Service listed by a Helper on WFHH;

“WFHH”

means our platform for Customers and Helpers on our website (https://www.wfhhelpers.com/) or such other website or mobile application as we may utilise from time to time;

“VAT”

means value added tax at the current standard rate of twenty percent (20%) in the United Kingdom.

 

2.     INFORMATION ABOUT US

 

The WFHH platform and website is owned and operated by WFH Helpers Ltd with its registered address at 20-22 Wenlock Road, London, N1 7GU in the United Kingdom. We can be contacted via email at hello@wfhhelpers.com or via the Contact page on our website.

 

3.     USING WFHH

 

3.1.   WFHH is provided solely as an online platform for Helpers to list their Services, and for Customers to find those Helpers and Services. We do not provide any booking or payment facilities through our platform, and all engagements, transactions and communications regarding the Services will be directly between Helpers and Customers.

 

3.2.    WFHH is a free platform, meaning that we do not charge fees for or impose costs on Helpers listing their Services on the platform, nor for Customers finding Helpers via the platform.

 

3.3.   You hereby acknowledge and agree that:

 

3.3.1.all bookings and payments for Services are made directly between Helpers and Customers. As such, the parties to any transaction taking place through WFHH are the Customer and the Helper;

 

3.3.2.any customer complaints, issues, disputes or negative feedback will be directed to the Helper in the first instance. We will engage with the parties in order to rectify the situation to the mutual agreement of the parties as quickly as possible. However, please note that we are not a party to any disputes and accept no responsibility for resolving any disputes between Customers and Helpers;

 

3.3.3.other than the initial screening activities we undertake to ensure a Helper’s suitability to list their Services on WFHH, we do not pre-screen Helpers or the Services they list on WFHH. As such, we are not in any way responsible or liable for any Services listed on, made available, or engaged through WFHH.

 

3.4.   If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

3.5.   We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

3.6.   If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us via email at support@wfhhelpers.com.

 

Customer Warranty

 

3.7.   As a Customer, you acknowledge and accept that whilst we have undertaken checks to ensure Helpers are legally permitted to work with children as required by law, we will not be held responsible or liable for the suitability of any Helpers to perform the Services. A Helper’s registration with WFHH does not equate to our endorsement of a Helper or their skills, background, experience or ability to perform the Services. Parents and guardians are strongly advised to liaise with Helpers directly prior to the provision of the Services to satisfy themselves of the Helper’s suitability.

 

4.     WHAT CAN AND CANNOT BE LISTED ON WFHH

 

4.1.   We do not permit any Services to be listed on, made available, or engaged through WFHH that meet, or may be considered in our absolute discretion to meet, any of the following criteria:

 

4.1.1.the content is sexually explicit;

4.1.2.the content is obscene, deliberately offensive, hateful, or otherwise inflammatory;

4.1.3.the content promotes violence;

4.1.4.the content promotes or assists in any form of unlawful activity;

4.1.5.the content discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

4.1.6.the content is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

4.1.7.the content is calculated or is otherwise likely to deceive;

4.1.8.the content misleadingly impersonates any person or otherwise misrepresents the Helper’s identity or affiliation in a way that is calculated to deceive; or

4.1.9.the content infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party.

 

4.2.   If the Helper is unsure whether their Services are permitted under the provisions of this clause, please seek approval from us via email at support@wfhhelpers.com prior to listing Services on WFHH.

 

4.3.   In our absolute discretion, we reserve the right to remove any Services that breach the provisions of this clause or that we deem otherwise unacceptable or inappropriate for listing on WFHH. In addition, we may also suspend or terminate a Helper’s ability to list their Services on WFHH.

 

5.     DESCRIPTIONS POLICY

 

5.1.   When selling on WFHH, it is important that all descriptions of Services are truthful and accurate, and that all visual representations are true representations of what is being sold (as far as is reasonably possible). All Service descriptions submitted by the Helper will comply with the following:

 

5.1.1.the Helper will only describe something as being provided, created or done by the Helper if that is truly the case. If any other party is involved, the Service description will state and describe their involvement;

5.1.2.the Helper must not use any Content or provide any Services that belong to other parties without their express permission (please refer to clause 6 for more information on intellectual property rights);

5.1.3.the Services or Service description must not advertise alternate platforms from which the Services can be purchased.

 

6.     INTELLECTUAL PROPERTY RIGHTS

 

6.1.   In relation to Our Content on our platform:

 

6.1.1.we warrant that we are the legal owners or licensees of all intellectual property rights in Our Content;

6.1.2.we confirm that we will retain ownership of all intellectual property rights in Our Content;

6.1.3.we confirm that our use of Our Content does not infringe on the intellectual property rights of any third party;

6.1.4.you agree not to copy, modify, edit, use or utilise Our Content for any reason or for any purpose, related or unrelated to these Terms, without our prior written permission.

 

6.2.   In relation to any Helper Content uploaded to our platform or made available during the provision of the Services:

 

6.2.1.the Helper warrants that s/he is the legal owner of all intellectual property rights in the Helper Content;

6.2.2.we confirm that the Helper will retain ownership of all intellectual property rights in the Helper Content;

6.2.3.the Helper warrants that in uploading the Helper Content to our platform, s/he will not be infringing on the intellectual property rights of any third party;

6.2.4.the Helper grants us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual licence to reproduce, publish, copy, modify, edit, distribute, use and utilise the Helper Content for the duration of the Engagement.

 

6.3.   You must, at all times, respect the intellectual property rights of Helpers, Customers and other third parties on WFHH. Under no circumstances may you use intellectual property belonging to another party without that party’s express written permission.

 

6.4.   If you feel that a Helper, Customer or other third party has infringed your intellectual property rights in any way, please contact us via email at support@wfhhelpers.com.

 

6.5.   If another party contacts us claiming you have infringed their intellectual property rights:

 

6.5.1.we will contact you to inform you of the complaint;

6.5.2.we may remove the Content or the Services that are the subject of the complaint;

6.5.3.if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and

6.5.4.you are free to resubmit the Content or the Services in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required).

 

7.     HELPER RULES AND ACCEPTABLE USAGE POLICY

 

7.1.   When using WFHH, the Helper must do so lawfully, fairly, and in a manner that complies with these Terms. Specifically, the Helper:

 

7.1.1.must ensure that s/he complies fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the Service(s) you wish to sell);

7.1.2.must not use WFHH in any way, or for any purpose, that is unlawful or fraudulent;

7.1.3.must not use WFHH to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

7.1.4.must not use WFHH in any way, or for any purpose, that is intended to harm any person or persons in any way;

7.1.5.must always provide accurate, honest and verifiable information about her/himself and any and all Services that are being sold on WFHH;

7.1.6.must not make any recordings, including audio, video or photographic recordings, of the provision of the Services or any participants in the provision of the Services;

7.1.7.must state the price of a Service accurately and clearly; and

7.1.8.must not engage in any form of price fixing with any other party (including Helpers and Customers).

 

7.2.   As part of the registration process, Helpers may be required to provide WFHH, or such other party to whom we may partner for the purposes of vetting suitable helpers, any and all documentation required to substantiate their suitability to provide the Services to children or vulnerable people, including but not limited to:

 

7.2.1.a valid DBS check, or equivalent, for Helpers based in the United Kingdom;

7.2.2.a criminal history from within three (3) months of the date of your registration with WFHH, for Helpers based in the United States of America;

7.2.3.any other equivalent or associated background checks which are legally required in your state, territory or country in order to provide Services to children or vulnerable people.

 

7.3.   We reserve the right, in our absolute discretion, to refuse, suspend or terminate your registration with WFHH if:

 

7.3.1.any information comes to light from documentation provided under clause 7.2, or which is otherwise brought to our attention, which indicates your unsuitability or inability to provide the Services to children or vulnerable people;

7.3.2.if you are unable or unwilling to provide the documentation requested under clause 7.2.

 

7.4.   Our refusal, suspension or termination of your registration with WFHH for a reason set out in clause 7.3 will not violate your rights under any laws or regulations in the United Kingdom or the United States of America, including but not limited to the Fair Credit Reporting Act of 1970 or Title VII of the Civil Rights Act of 1964.

 

7.5.   When using WFHH, a Helper must not submit anything (including, but not limited to, Service or Service descriptions) or otherwise do anything that:

 

7.5.1.is sexually explicit;

7.5.2.is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.5.3.promotes violence;

7.5.4.promotes or assists in any form of unlawful activity;

7.5.5.discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.5.6.is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.5.7.is calculated or is otherwise likely to deceive;

7.5.8.is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

7.5.9.misleadingly impersonates any person or otherwise misrepresents the Helper’s identity or affiliation in a way that is calculated to deceive;

7.5.10.   implies any form of affiliation with us where none exists;

7.5.11.   infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

7.5.12.   is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

7.6.   We hereby exclude any and all liability arising out of any content shared by Helpers before, during, after or otherwise in relation to the provision of the Services.

 

7.7.   We reserve the right to suspend or terminate a Helper’s access to WFHH if s/he materially breaches the provisions of this clause or any of the other provisions of these Terms. Further actions we may take include, but are not limited to:

 

7.7.1.removing the Helper’s Service(s) from WFHH;

7.7.2.issuing the Helper with a written warning;

7.7.3.legal proceedings against the Helper for reimbursement of any and all relevant costs resulting from the Helper’s breach on an indemnity basis;

7.7.4.further legal action against the Helper as appropriate;

7.7.5.disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

7.7.6.any other actions which we deem reasonably necessary, appropriate, and lawful.

 

7.8.   We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these Terms.

 

8.     FEES AND PAYMENT

 

8.1.   Any and all actions designed to avoid the payment of any fees described in these Terms are strictly prohibited.

 

Service fees payable by the Customer

 

8.2.   The prices for Services available for booking will be as displayed and quoted on WFHH. This is the total price for the Service (“Service Fee”).  

 

8.3.   Where it is applicable, the Helper will ensure that VAT is charged on the Service and provide the Customer a VAT invoice where requested. All VAT accounting responsibilities lie with the Helper, and we will not be responsible or liable for any VAT or other tax-related issues.

 

8.4.   Payment for the Services will be made directly by the Customer to the Helper. The Customer may be required to agree to the privacy policy, terms of use and other applicable policies of the Helper and the payment facility provider. It is the Customer’s responsibility to ensure s/he has read and understood such policies prior to completing the purchase.

 

8.5.   We or the Helper may, at our or its absolute discretion, amend, increase, decrease or otherwise alter the Service Fee at any given time prior to the Customer’s purchase of the Services.

 

Contributions

 

8.6.   As we are a free platform, we offer Helpers and Customers the option of making a financial contribution to our business. Any contribution made to WFHH is completely voluntary, and will not impact your access to or ability to use our platform. These contributions go wholly and directly to the growth and development of the WFHH platform.

 

8.7.   Please note that any contributions made do not represent investment into WFHH or its company, and contributions will not entitle a party to claim or seek to claim an entitlement to a shareholding, dividend or any other security or payment as a result of their contribution.

 

8.8.   We will not make any Customer’s or Helper’s payment details (including, but not limited to, contribution amount, card numbers, bank account numbers, and sort codes) available to any third payment party outside of our payment service provider at any time, or for any reason. All payment details are held securely and shared only with our payment service provider. All personal information provided to us will be dealt with in accordance with our Privacy Policy, which is available here.

 

9.     CANCELLATION, REFUNDS AND COMPLAINTS

 

9.1.   Customers may be entitled to cancel their purchase of the Services and receive a refund.

 

9.2.   Each Helper is required to provide details of its cancellation and refund policies in an accessible format prior to the Customer making their purchase of the Services. It is the Customer’s responsibility to ensure s/he has read and understood such policies prior to completing the purchase.

 

9.3.   All cancellations and refunds must be agreed between the Customer and the Helper directly. Customers are advised to contact the Helper directly to discuss cancellations and refunds.

 

9.4.   If a Customer is dissatisfied with the Services provided, or wishes to make a complaint regarding a Helper or their Services, the Customer is advised to contact the Helper directly to discuss their concerns.

 

9.5.   If the Customer and the Helper are unable to resolve the Customer’s concerns, we will engage with the parties in order to rectify the situation to the mutual agreement of the parties as quickly as possible. However, please note that we are not a party to any transactions or disputes and accept no responsibility for resolving any disputes between Customers and Helpers.

 

10.  MARKETING

 

10.1.                We may from time to time undertake marketing, advertising and public relations activities (“Marketing Activities”) to promote WFHH and our Helpers. The content, timing, length, details and decisions of campaign, and inclusion of Helpers in such Marketing Activities will be at our absolute discretion. We will pay all costs and fees associated with the Marketing Activities.

 

10.2.                We may at our absolute discretion from time to time run promotions on or relating to WFHH. Such promotions include, but are not limited to, advertising of WFHH, reduced prices, and incentivised purchases. Helpers will be notified at least 14 days in advance of any promotions, and Helpers will be given an opportunity to opt out of participating.

 

11.  TERM AND TERMINATION

 

For Customers

 

11.1.                For Customers, these Terms will take effect when you access our platform.

 

For Helpers

 

11.2.                For Helpers, the Terms will take effect as soon as you register to list your Services through WFHH, and will continue in force until terminated by either party with one (1) months’ notice to in writing to the other party.

 

11.3.                Either we or the Helper may immediately terminate the Engagement on any of the following grounds:

 

11.3.1.   either we or the Helper commits a material breach of these Terms, including a breach of any related policies, and upon being notified of the breach, fails to correct the breach within seven (7) days of being notified;

 

11.3.2.   either we or the Helper (or either business) becomes insolvent, becomes the subject of a bankruptcy order, goes into voluntary liquidation or an equivalent event occurs having the same effect as those stated above.

 

12.  OUR WARRANTIES AND LIABILITY

 

12.1.                We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our platform for business and operational reasons. We will try to provide reasonable notice of any suspension or withdrawal.

 

12.2.                The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. Any indications regarding the suitability of the Services for particular users or particular age groups are informational only, and Customers must at all times use their own discretion as to the suitability of such Services.

 

12.3.                Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.

 

12.4.                To the fullest extent permissible by law, we will not be liable for any loss of profit, revenue, income or anticipated savings, loss of business, interruption to business, loss of business opportunity, loss of reputation or goodwill, loss of contracts, or any indirect, special or consequential loss of any kind.

 

12.5.                Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

 

12.6.                Nothing in these Terms seeks to limit or exclude consumers’ legal rights.

 

13.  EVENTS OUTSIDE OF OUR CONTROL

 

13.1.                We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

 

13.2.                If any event described under this clause occurs that is likely to adversely affect our performance of any of our obligations:

 

13.2.1.   we will inform you as soon as is reasonably possible;

13.2.2.   our obligations under these Terms will be suspended and any time limits that we may be bound by will be extended accordingly; and

13.2.3.   we will inform you when the event outside of our control is over and provide details of any new dates, times, or availability of Services as necessary.

 

14.  CONFIDENTIALITY

 

No party shall use any other party’s confidential information (including but not limited to information concerning the business, affairs, customers, clients or suppliers of the other party) for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms. The only exception to this clause is where such a disclosure may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

15.  PERSONAL INFORMATION (DATA PROTECTION)

 

15.1.                Both we and the Helper will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

 

15.2.                When Customers register with WFHH, we will receive their Personal Data for the purposes of providing them with information and updates regarding our platform and Services. The Helper will receive the Customer’s Personal Data for the purposes of placing the order and taking payment for the Services, providing them with the Service(s), and liaising with them prior to, during and at the completion of the provision of the Services.

 

15.3.                Without prejudice to the generality of clause 15.1, we agree to, in relation to any Personal Data processed in connection with our performance of our obligations under these Terms:

 

15.3.1.   process that Personal Data only for the purpose for which it was collected, unless we are required by Applicable Laws or Data Protection Legislation to otherwise process that Personal Data;

15.3.2.   ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

15.3.3.   not transfer any Personal Data outside of the European Economic Area unless prior written consent has been obtained;

15.3.4.   notify Helpers and Customers without undue delay on becoming aware of a Personal Data breach;

15.3.5.   at a Helper’s or Customer’s written direction, delete or return Personal Data and copies thereof on termination of these Terms unless required by Applicable Law or Data Protection Legislation to store the Personal Data; and

15.3.6.   maintain complete and accurate records and information to demonstrate our compliance with this clause.

 

15.4.                We may, at any time on not less than 30 days’ notice, revise this clause by replacing it with any applicable standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to these Terms).

 

15.5.                The ways in which we collect, process and store your personal information are set out in our Privacy Policy, which is available here.

 

16.  OTHER IMPORTANT TERMS

 

16.1.                The parties may not transfer or assign their obligations and rights under these Terms without the express prior written permission of the other party.

 

16.2.                If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.

 

16.3.                No failure or delay by the parties in exercising any of their rights under these Terms means that the party has waived that right.

 

16.4.                We may amend these Terms at any time, and we will provide notice in advance on our platform.

 

17.  LAW AND JURISDICTION

 

17.1.                These Terms, and the relationship between the parties (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.

 

17.2.                Any disputes concerning these Terms, the relationship between the parties, or any matters arising from or associated with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.