1. Introduction and when these terms apply
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 firstname.lastname@example.org 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.
IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
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.
2. We may suspend or withdraw our site
Our site is made available free of charge. We will use reasonable efforts consistent with prevailing industry standards to maintain our Site in a manner which minimises errors and interruptions in the Site and will perform Site updates in a professional and workmanlike manner. The Site may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of any part of our site for any reason. We will try to give you reasonable notice in writing or by e-mail of any suspension, withdrawal, or scheduled service disruption, but we may not.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine you have violated these Terms or other agreements or policies which may be associated with your use of the Site.
3. It's your data
If you are using our Site, whether that be general browsing of our published content, or by making use of our chat support, we will not process a great deal of your data.
If you give us feedback on the Site, 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 Site unless we expressly state otherwise.
4. Confidential & Proprietary Rights
We are the owners of all intellectual property rights, including but not limited to all text, published material, 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 Site, in our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
In the course of assisting you on our live-chat, both of us understand that the other party has or may disclose business, technical or financial information relating to their business (“Proprietary Information”). Our Proprietary Information includes non-public information regarding features, functionality and performance of the Service.Your Proprietary Information includes non-public information data provided by you to us to enable the provision of our Services (“Consumer Data”) Both of us agree:
i. to take reasonable precautions to protect such Proprietary Information and Customer Data; 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 Proprietary Information and Customer Data.
The foregoing provisions will not apply with respect to any information that any of us can prove:
i. is or becomes generally available to the public;
ii. was in its possession or known by it prior to receipt from the other party;
iii. was rightfully disclosed to it without restriction by a third party;
iv. was independently developed without use of any Proprietary Information owned by the other party; or
v. is required to be disclosed by lawYou will own all right, title and interest in and to your data.No rights or licenses are granted except as expressly set forth herein.
5. Third party sites
6. Our 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 staff and for fraud or fraudulent misrepresentation.Different limitations and exclusions of liability will apply to any potential liability arising when you use the Services on the Platform or as a result of the support we provide to you in connection with our Services. These are set out in our Terms of Service.
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: (A) FOR USE OF THE SITE OR FOR ERROR OR INTERRUPTION OF USE OF THE SITE(B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (D) 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.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or other cause of action.
7. How you may and may not use material in our Site
You may only use this Site provided that:
i. You are over 18 years of age
ii. You are using the Site for your own personal use
iii. You comply with all applicable laws, rules, regulations and court orders
iv. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
v. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You may not do any of the following:
i. Use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors;
ii. Modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.Violate any copyrights, and other proprietary or intellectual property rights in this Site;
iii. Engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots/spiders” or similar data gathering and extraction tools or methods in connection with this Site;
iv. Decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Site;
v. Transmit, post, or otherwise make available:
(a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right;
(b) viruses, Trojan horses or other harmful programs or material; or
(c) not use any device, software or routine to interfere with the proper working of the Site,
(d) advertising or promotional materials, “spam,” or any other form of solicitation;
vi. Misrepresent your affiliation with or impersonate any person or entity;Interfere with or disrupt this Site, including imposing an unreasonable or disproportionately large load on the infrastructure of the Site, or attempt to circumvent this Site’s security features;
vii. Remove or modify any copyright notices, other proprietary notices, or references to these Terms on this Site;Misrepresent the Site, or misinform others about the origin or ownership of the Site; and
viii. Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or other authentication measures on the Site or any network connected to the SiteIf you print off, copy or download any part of our Site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.