Thanksben.com is a site, service, and platform that provides benefits and reward communication and administration services. The site and platform is owned and the service is 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.
These Terms apply to company administrators and individual users (e.g., employees)
IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS YOU MAY NOT USE THE PLATFORM OR OUR SERVICES. IF YOU USE BEN SERVICES WE WILL DETERMINE THAT YOU HAVE ACCEPTED THESE TERMS IN FULL.
Please note that we may change, modify, add or remove sections of these Terms from time to time. We will post any changes to our Site by updating these Terms, but we may not make any separate publication about such changes, so please revisit these Terms every so often, because we assume that you agree with these Terms at all material times if you continue to use our Services.
These Terms were last updated on 02 December 2019.
Ben Platform: Ben offers a flexible benefits platform, which is an online software-as-a-service product that allows companies to communicate and administer employee benefits. You may sign-up to different features of the platform, which contains:
Storage of Data: Ben stores Data that the Customer provides for the purpose of creating the Customer's account with Ben. Ben retains documents and receipts for all processing, employee data, company data, and other relevant data for a minimum of 5 years
Your personal and company data is sensitive and entitled to protection. All rights, titles and interests in your data held in the Ben platform are 100% yours. We’ll never share or make your data or information available to anyone without your explicit permission (other than being legally required such as a court order).
Your data is uploaded and downloaded over a secure connection, your credentials are encrypted and hashed. We don’t store (or even know) your password. Your company data and any Confidential Information you may upload to the platform is stored securely, and only people you’ve assigned as administrators can access your data, per the access permissions you assigned to those team members. We expect you to ensure that your team, particularly those you give Admin access to, have strong passwords, ideally different from their social network site logins.
If you establish an account on the Platform, 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. 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 of any unauthorized use of your password or user ID or any other breach of security.
You 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 Terms (see below), you agree that we have the right to collect and analyze specific data points and other information gained from your company 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 therefrom, and we will be free (during and after the term hereof) 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. This is for the mutual benefit of all Ben Users.
Occasionally you may contact us for customer support. It may be necessary for our team to access your company’s profile page for the purpose of assistance, to enable them to see what you are having an issue with or for them to inspect a document you have referred to. This will only happen with your implied consent to do so, 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 company’s profile. We also require our team members to regularly review the list of companies they have access to and to remove themselves from any company that they are not actively assisting to minimize the risk of any data breach.
If you give us feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary and implementation of that feedback is owned by us and may become part of the Site or the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
3.6 No Legal, Tax, or Financial Advice
The Platform and related Services constitute an online portal that provides information and access to a mix of industry standard, open-source, third party and proprietary documents, guides, templated forms, analytics and data, team administration and networking functionality, and additional features to assist with the completion of tasks relating to benefits administration.
Our services are 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 the Platform and use our Services 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.
Your relationship with us is not legally privileged in the way it would be if you were working with a regulated legal professional. Nevertheless, in the course of assisting you with one of our Services, both of us understand that the other party has disclosed or may disclose business, technical, financial or other confidential, sensitive or proprietary information relating to their business (“Confidential Information”). Confidential Information includes non-public information regarding features, functionality and performance of the Service, non-public information data provided by you to us to enable the provision of our Services (company data, payroll data, employee data, etc), and any other information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential.
Both of us agree:
(i) to take reasonable precautions to protect such Confidential Information; and
(ii) not to use (except in the performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information.
The foregoing provisions will not apply with respect to any information that any of us can prove:
(a) is or becomes generally available to the public;
(b) was in its possession or known by it prior to receipt from the other party;
(c) was rightfully disclosed to it without restriction by a third party;
(d) was independently developed without use of any Confidential Information owned by the other party; or
(e) is required to be disclosed by law
We own and retain all right, title and interest in and to
(a) the Services and Platform, all improvements, enhancements or modifications thereto,
(b) any software, applications, inventions or other technology developed in connection with our Services or support or 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 and any related Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You will own all right, title and interest in and to your personal data and Confidential Information.
No rights or licenses are granted except as expressly set forth herein.
You will pay us the fees together with any VAT described for each Service you subscribe for or purchase in accordance with these Terms (the “Fees”).
We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Service Term (defined below) or then‑current renewal term upon prior notice to you, which may be sent by email.
We offer a free tier of services and we will clearly notify you when you must pay any fees for the provision of specific services.
For subscriptions or purchases made on the Platform, payment is due on the terms applicable to that subscription or purchase as displayed at the point of purchase. For purchases that are invoiced by Ben, payment is due on the invoice date. Unpaid amounts may result in termination of Service. You will be responsible for all taxes associated with your use of Services that are attributable or due by you. If an applicable tax authority requires us to pay any taxes that should have been payable by you, we will advise you in writing, and you will promptly reimburse us for the amounts paid.
If your use of the Services requires the payment of additional fees, you agree to pay the additional fees in the manner provided herein. This may happen where you unlock certain modules.
Subject to earlier termination as provided below, our agreement under these Terms is for the Service Term specified in the plan you signed up for. Upon expiry, the plan may auto-renew (if applicable) or you may sign up for additional Services as made available on the Platform at that time.
In addition to any other remedy, either party may also terminate our agreement under these Terms upon thirty (30) days’ notice. For any material breaches of these Terms, we may terminate our agreement with you with immediate effect. You will pay in full for the Services that you contracted for. Upon any termination, your documents and data will be stored by us for a reasonable amount of time following non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for it’s deletion. As such, we recommend you download your documents and data before your decision not to renew your subscriptions so you have your own copy of that information should you need them outside of being a Ben subscriber. Some of the terms in our agreement will continue to be enforceable, even after termination including, without limitation, the right to be paid, confidentiality obligations, warranty disclaimers, and limitations of liability.
If you choose not to renew your subscriptions, you will be unable to access information that you have created until you re-subscribe for the relevant subscription service. Your documents and data will be stored by us for a reasonable amount of time following non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for it’s deletion. As such, we recommend you download your documents and data before your decision not to renew your subscriptions so you have your own copy of that information should you need them outside of being a Ben subscriber.
You confirm that:you are over 18 years of age; are only using the Platform for your own personal use or as a person with appropriate authority on behalf of a company or other legal entity; that you comply with all applicable laws, rules, regulations and court orders; and that you adhere to all our published policies then in effect
Should you not be able to confirm the above you must stop using the Platform and our Services immediately.
You 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 Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorized within the Services); use the Services 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 Services in order to build a product or service which competes with us; or remove any proprietary notices or labels.
With respect to any contracts, documentation, forms, funding agreements, or any other material obtained through, exported, or created for you by the Ben Site or Service (the “Materials”), we hereby grant you a non-exclusive, non-transferable, non-sublicensable license to use such Materials only in connection with the Services.
We will indemnify you and hold you harmless against any claims by third parties resulting from any alleged infringement by the Service of any UK patent or misappropriation of any trade secret, provided we are promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defence and/or settlement; We will not be responsible for any settlement we do not approve in writing.
The foregoing obligations do not apply with respect to portions or components of the Service
(i) not supplied by us,
(ii) made in whole or in part in accordance with your specifications,
(iii) that are modified after delivery by us,
(iv) combined with other products, processes or materials where the alleged infringement relates to such combination,
(v) where we continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or
(vi) where your use of the Service is not strictly in accordance with these Terms.
If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by us to be infringing, we may, at our option and expense
(a) replace or modify the Service to be non-infringing, provided that such modification or replacement contains substantially similar features and functionality,
(b) obtain for you a license to continue using the Service, or
(c) if neither of the foregoing is commercially practicable, terminate our agreement under these Terms and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action howsoever arising as a result of an alleged violation of these Terms or otherwise from a User’s use of the Materials or Services.
9.1 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: (A) FOR USE OF THE PLATFORM, SERVICES OR FOR ERROR OR INTERRUPTION OF USE OF THE PLATFORM OR SERVICES(B) FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (D) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms fairly allocate the risks between us, on the one hand, and you on the other. You acknowledge and agree that the pricing of our Services reflects this allocation of risk and the limitation of liability specified herein and that we would not enter into this agreement without such allocation and limitation.
Whilst we do not guarantee that our Platform or any Services available through it will always be available or be uninterrupted or error free, we will use reasonable efforts consistent with prevailing industry standards to maintain the Platform in a manner which minimises errors and interruptions in the Platform and our Services. We will perform Platform updates in a professional and workmanlike manner. The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of other causes beyond our reasonable control, but we will use reasonable efforts to communicate this via social media channels or on our Site, and we will aim to provide (where possible) an estimated time by which the Platform and Site will resume their normal service.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF OUR PLATFORM OR SERVICES COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S). YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY US WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
We have professional indemnity insurance in place to cover any claim up to £1 million in connection with the Platform and/or related Services and support.