End User Terms
1. About us
The Site and platform are owned and provided by Thanks Ben LTD (“Ben”, “us” and “we” below), Company Number 12335851, a limited company registered in England and Wales with registered address 73 Cornhill, London, United Kingdom, EC3V 3QQ.
To contact us, please email email@example.com or use our chat support feature. We do not have an office telephone number, but we are happy to engage with you via online video chat.
1.2Ben offers a flexible benefits platform which allows companies to communicate and administer employee benefits (“Platform”). Our Platform is available via our website at https://thanksben.com (“Site”) You may access different features of the Platform, which contains:Ben Employee Application: An employee software interface where employees can login to choose benefits based on the rules set by their employer. Ben Card: Virtual and physical payment cards which employers can provide to their employees and access payment services. Ben Card terms can be found here.
2. Your use of the Thanks Ben Platform
2.4You acknowledge that you have not relied on any statement promise or representation or assurance or warranty that is not set out in these End User Terms.
Please note that we may change, modify, add or remove sections of these End User Terms from time to time to reflect changes in how we do business including as a result of changes to our Platform or as a result of any changes in laws or regulations. We will post any changes to our Site by updating these End User Terms so please revisit these End User Terms every so often. We will notify you of any material changes to these End User Terms including any changes which require you to take action. If you continue to use these End User Terms after any update then we will conclude you have accepted the updated Terms.
IF YOU DO NOT AGREE WITH THESE END USER TERMS YOU MAY NOT USE THE PLATFORM OR OUR SERVICES. IF YOU CONTINUE TO ACCESS THE PLATFORM WE WILL DETERMINE THAT YOU AGRE TO THESE END USER TERMS IN FULL.
3. Access to your Platform account
3.1 In order to access your account (“Ben Account”) we will need to complete the registration process by verifying the information about you that we have received from your employer3.2
You are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. Your Thanks Ben account is for your use only and you must never share your log in details with anyone You agree to: (i) log out from your account at the end of each session; and (ii) immediately notify us at firstname.lastname@example.org if you know of or suspect any unauthorised use of your password or user ID or any other breach of security.
3.3You are responsible for all content that you transmit or otherwise make available to our Site and Platform. Your access to and use of this Platform may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.
Subject to the confidentiality obligations created under these End User Terms (see below), you agree that we have the right to collect and analyse specific data points and other information gained from your Ben profile, settings and including but not limited to interactions with our team on our chat support. This covers, without limitation, information concerning your data and data derived from your data, and we will be free (during and after the term of these End User Terms) to:(i) use such information and data to improve and enhance the Site/Platform and for other development, diagnostic and corrective purposes in connection with the Site/Platform; and (ii) to disclose such data solely in aggregated or other de-identified form in connection with our business, for example, we could indicate that most companies offer certain kinds of benefits.
Occasionally you may contact us for customer support. Our team may need to access your Ben Account to assist you. We’ll only do this with your consent to do so, such consent may be express or implied, such as during an active conversation between yourself and a team member on our live chat software or where it is necessary to answer a question you have asked them on email/chat support. Once you have finished working with that team member, they will remove their access from your Ben Account. We also require our team members to regularly review the list of accounts they have access to and to remove themselves from any accounts that they are not actively assisting to minimise the risk of any data breach.
4. Proprietary Rights
We own and retain all right, title and interest in and to:
(a) the Platform, all improvements, enhancements or modifications thereto,
(b) any software, applications, inventions or other technology developed in connection with or support the Platform, and
(c) all intellectual property rights related to any of the foregoing, including but not limited to all text, published material, document creation “flow”, sound, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Platform. 4.2
The benefits and offers (“Benefits”) provided through the Ben Employee Application are provided by third party providers and may be subject to those providers’ terms and conditions which shall take precedence over these End User Terms in respect of the Benefits. We are not responsible for the availability of any Benefits and we do not endorse the reliability, quality, or accuracy of any Benefit. If you have any issues with your Benefits or suffer any loss or damage suffered as a result of the provision of the Benefits please contact the third party Benefits provider. 4.3Benefits are provided for your personal use, unless the Benefits providers terms and conditions state otherwise, and you may not use them for any commercial purposes. If we suspect that you have used your Benefits for any commercial purposes then we reserve the right to notify your employer and to suspend or Cancel your Ben Account with immediate effect.
5. Suspension and Termination
Your access to your Ben Account shall, so long as you comply with these End User Terms and continue to be employed by that employer, continue for as long as we have a contract with your employer for the provision of our Platform. 5.2Notwithstanding anything else in these End User Terms you may request that we cancel your Ben Account at any time. We will notify your employer of any such request and cancel your Ben Account unless your employer asks us not to. 5.3If we reasonably believe that you are in breach of these End User Terms, the terms and conditions of any third party Benefits provider, the Card terms, or any applicable laws, we may take action we deem appropriate. This includes:Issuing a warning to you and/or your employer; Suspending or cancelling your right to use your Ben Account and the Platform;Initiating legal proceedings against you; Disclosure of information to your employer and/or law enforcement authorities, where it is required by law or where we believe disclosure is reasonably necessary5.3Where your access is suspended or cancelled, you will still be able to redeem Benefits that have been purchased or delivered to you before such date. However, you will not be able purchase any new Benefits. We will notify your employer immediately of the reasons for our suspension or cancellation.
6. Your responsibilities
You confirm that you:(a) are over 18 years of age; (b) are only using the Platform for your own personal use; (c) will comply with all applicable laws, rules, regulations and court orders; and (d) you adhere to all our published policies then in effectIf you can’t confirm the above you must stop using the Platform immediately.6.2You warrant that you will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform or any software, documentation or data related to the Platform (“Software”); modify, translate, or create derivative works based on the Platform or any Software (except to the extent expressly permitted by us or authorized within the Platform); use the Platform or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party; introduce or permit the introduction of any virus into our IT systems; access all or any part of our Platform or Platform in order to build a product or service which competes with us; or remove any proprietary notices or labels.
7. Our responsibilities
Thanks Ben makes no representations, warranties or guarantees that the any information or materials on the Platform are accurate, complete and/or up to date. The views expressed by our partners do not necessarily represent Thanks Ben’s views or values.
Our Platform is not intended to amount to advice on which you should rely. If at any point you are still uncertain about your selection, you should obtain professional or specialist advice before taking or refraining from any action on the basis of our Platform. Likewise, as you navigate and use the Platform you can communicate with our team on our live chat support. From time to time you will have certain questions you would like to take some advice on. You may seek that advice from our customer support team. We will try to provide you with a qualified response or direct you to a relevant resource. However, at no point does this advice qualify as legal, tax or financial advice.
Limitation of Liability We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our team and for fraud or fraudulent misrepresentation. As the platform is for personal use we shall not, where permitted by applicable laws, be liable or otherwise responsible to you or to any third party whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any damages or losses, including any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement, resulting directly, indirectly or as a consequence from or related to your use of the Platform including your inability to use or access the Platform or any Benefits
We cannot guarantee the Platform will always be available and error free. However, we will use reasonable efforts to maintain the Platform in a manner which minimises errors and interruptions in the platform and our services. We will endeavour to perform any maintenance or updates to the Platform outside the normal business hours of 9am – 5pm Monday to Friday (excluding UK bank holidays)
While we spend a lot of time and effort in keeping our Platform secure, we cannot guarantee the Platform will be secure and free from viruses or vulnerabilities.
8. Complaints and Disputes
If you have any issues relating to the use of the Platform, please get in touch with our support team at email@example.com. We’ll do our best to resolve your issues quickly. If you contact us about issues relating to benefits provided a partner, we will contact the relevant partner and try to help you resolve your issues with them.
If you have not followed these End User Terms, we may take action we deem appropriate. This includes:Issuing a warning to you and/or your employer; Withdrawing your right to use the Platform;Initiating legal proceedings against you; Disclosure of information to your employer and/or law enforcement authorities, where it is required by law or where we believe disclosure is reasonably necessary8.3Where your access is suspended or terminated, you will still be able to redeem Benefits that have been purchased or delivered to you before such date. However, you will not be able purchase any new Benefits.
Our obligations, if any, with regard to our Platform are governed solely by the agreements pursuant to which they are provided and nothing on our Site, Platform, Ben Account, or through discussions with our team using our live chat should be construed to alter such agreements, unless we explicitly state we are acting or allowing you to act contrary to these End User Terms. 9.2The failure by us to enforce any provision in these End User Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 9.3 If any reference in these End User Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these End User Terms will otherwise remain in full force and effect and enforceable. 9.4 These End User Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these End User Terms without consent. 9.5These End User Terms are between you and us no third party shall, unless expressly stated otherwise, shall have any right to enforce these End User Terms. 9.7 These End User Terms will be governed by the laws of England and Wales and we both agree to the exclusive jurisdiction of the courts of England and Wales.