The Services are designed to provide a corporate wellness solution providing motivation, workouts, recipes, relaxation, notifications and more.
Before starting any exercise program through the Services, consult your physician to determine if such program is right for your needs. Do not start a exercise program through the Services if your physician advises against it. Your use of the Services and using our classes is at your sole discretion and risk. Always stop the exercise immediately if You experience faintness, dizziness, pain or shortness of breath at any time while exercising. We will not in any way be held responsible for any class attended by you ignoring the disclaimer provided, even if you have indicated your prior medical condition (if any) at the time of signing up for the Services.
1. Other applicable Terms
2. Information about us
The Site is owned and operated by Elf at Work Ltd (Company No. 12510067) of 152-154 Tonbridge Road, Hildenborough, Tonbridge, Kent, TN11 9HW (our “Company Address”).
3. Changes to these Terms
We may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you upon your first use of the Site after the changes have been introduced. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions that are current and in effect will prevail (unless it is expressly stated otherwise).
4. Changes to our Site
We may update our Site from time to time, and may change the content and Services at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
5. Access and Availability
Your access to the service is governed by your employer (Client) who have an agreement between them (Client) and us (Elf), therefore you will be provided access to the service until such time the agreement ends.
We do not guarantee that our Services, our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on an “as is” temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site or Services without notice.
We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Our Site is directed to people residing in the United Kingdom. We do not represent that the content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.
7. Your Account and Password
In order to create an Elf account, you must fulfill the following conditions:
- You must be atleast of a legally contractual age in your jurisdiction.
- You must not impersonate anyone or provide a name which is offensive or violate any person’s rights.
- You must only provide information which is accurate and shall remain responsible to update the information periodically to retain accuracy.
- You shall not allow any other person to access your account. If you do, you are responsible for their actions.
- You shall at all times use the Services and your account strictly in accordance with these Terms and the law only. When 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. 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. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org. We will not be liable for any unauthorised use of your account.
8. Intellectual Property Rights and Use of Material on our Site
We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and, subject to the below, you may not reproduce, copy, distribute, sell, sub-licence, store, or in any other manner re-use content from our Site unless given express written permission to do so by us. You may print off one copy and may download extracts of any page(s) from our Site for your personal use. You may draw the attention of others within your organisation to content posted on our Site. You must not 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 or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If 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. You agree that you will not use our intellectual property rights in any way other than allowed under these Terms and any infringement by you thereof will be a material breach of these Terms.
9. No reliance on Information
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. It is your responsibility to ensure that any Services or information available through the Site (either directly or indirectly) meet your specific requirements. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
10. Limitation of our Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site and Services or the use of or reliance upon our Services or any content included on our Site. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, Site or any content on it, whether express or implied, including any guarantee that our Site will meet your requirements.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our Site, app;
- use of or reliance on our Services or any content displayed on our Site;
- any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. We accept no responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events or acts of war. We assume no responsibility for the content of websites linked on our Site. Unless expressly stated, these websites are not under our control. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11. Your Content
Content that you post using our Services is your content, and includes (but is not limited to) anything you post using our Services such as usernames, profile pictures, photos, descriptions, reviews or comments (“Your Content”). We do not make any claim to Your Content. Your Content must comply with the Content Standards in paragraph 14 below.
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You warrant that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it or uploading it to the Site. You agree to indemnify us for any loss or damage suffered by us as a result of your breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Permission to Use Your Content. By posting, submitting or transmitting Your Content on or via our Site, you grant us a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content and use it to deliver our Services to you.
- Rights You Grant to us. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, fully transferable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to operate the site.
- Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from our Site. If content that you own or have rights to (including Your Content) has been posted to the Site without your permission and you want it removed, please contact us at email@example.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the Site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms (including the Content Standards set out in paragraph 15 below). You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Site.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
13. Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website to which you are linking must comply in all respects with the Content Standards paragraph set out below (Content Standards). If you wish to make any use of content on our Site other than that set out above, please contact us at firstname.lastname@example.org.
14. Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph (Content Standards).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
15. Content standards
These content standards apply to any and all material which you upload or contribute to our Site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in any posts, comments or other content posted by users. Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way.
16. Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Terms. When a breach has occurred, we may take such action as we deem appropriate, including any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account)
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. You agree to fully reimburse us for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses arising out of any breach of these Terms by you, or any other act or omission by you in using the Site or by any other person accessing the Site using your personal information with your authority that results in any legal responsibility on our part to any third party.
If your account is terminated or deactivated (by you or by us), your photos, comments and all other data uploaded and pertaining to your account (including Your Content) will no longer be accessible through your account, but those materials and data may persist and appear within the Site (for example if Your Content has been re-shared by other users).
We encourage you to maintain your own backup of Your Content. We are not a backup service and you agree that you will not rely on the Site for the purposes of backup or storage of Your Content. Whilst we will take all reasonable steps to keep Your Content secure, we do not guarantee that others will not gain access to your information or that Your Content will be stored safely. You acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
Health Waiver. You understand that we are here to serve you by sharing knowledge of physical and mental health and any related activities to promote exercise and good health (“Fitness Activities”).
In connection with your participation in the Fitness Activities, you warrant that you understand, acknowledge and agree as follows:
- Participation in the Fitness Activities is completely voluntary and it is solely your decision to participate in such activities.
- The practice of Fitness Activities involves physical movement and exercise which may from time to time be strenuous, and that such practice carries some risk of injury. You are qualified, in good health and in proper physical condition to participate in the Fitness Activities. You understand that you must judge my own capabilities with respect to practicing any Fitness Activity and will only participate in the appropriate level of classes that are within my limits and capabilities. You acknowledge that it is your sole responsibility to confirm that there is no medical or other reason preventing me from participating in the Fitness Activities.
- If you are pregnant, you shall only participate in the Fitness Activities after you have discussed the potential risks with your obstetrician or medical practitioner you are under the care of. You shall follow their advice and instructions about whether and to what extent you can participate in the Fitness Activities. You agree that you (and your spouse/partner, heirs, and guardians) will hold Elf at Work, its parent companies, subsidiaries, affiliates and assigns and each of their predecessor and successor organizations and each of their current and former principals, instructors, partners, officers, directors, employees, insurers, agents and representatives and the owners/lessors of the premises wherein the Fitness Activities take place (“Releasees”) harmless for any possible injury to yourself, your spouse/partner, heirs, guardians and/or my child/fetus.
- If you believe any conditions are unsafe, you will immediately discontinue participation in the Fitness Activities.
- You understand that participation in Fitness Activities involves risks of serious bodily injury and possibly death, which may be caused by my own actions or inactions while participating in the Fitness Activities. You are voluntarily participating in the Fitness Activities with full knowledge of the dangers involved and hereby agree to accept full responsibility for any/all injury or death, including without limitation, personal, bodily or mental injury, economic loss or any damage that you suffer resulting from the acts of anyone at, or acting on behalf of Elf at Work.
- As consideration for my being permitted to participate in the Fitness Activities, you (and your spouse/partner, heirs, guardians, and legal representatives) release the Releasees from any and all liability and claims for damages arising out of, relating to and/or by reason of your voluntary decision to participate in the Fitness Activities including the use of any equipment such as blocks, straps or any other equipment that may be suggested by a Provider instructor. You further agree that you (and your spouse/partner, heirs, guardians and legal representatives) will not make a claim against, sue, or attach the property of Elf at Work or Releases for injury or damage resulting from the negligence, misconduct or other acts or omissions, howsoever caused, by any employee, agent, or contractor of Elf at Work as a result of your participation in the Fitness Activities. If you, or anyone acting on your behalf, make a claim against any of the Releasees, you will indemnify, save and hold harmless each of the Releasees from any loss, liability, damage or costs which any may incur as a result of such claim.
- Further, physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps, weights, dumbells, kettlebells or any other equipment that may be suggested by a Elf at Work instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment on the Site or App. Elf at Work is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while performing Elf at Work’s classes. Nothing contained in this Service should be construed as any form of such medical advice or diagnosis.
- By using the Services you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Elf at Work, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Elf at Work, or any person or entity involved with Elf at Work, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. You are responsible for ensuring that you are capable of safely using the Services and participating in classes in the Services. You should consult a medical professional and have a full physical before using our Services. You should especially consult a medical professional if you or a member of your family has a history of illness or injuries. If you have any reason to be concerned about whether you can safely participate in classes in the Services, whether based on how you feel, medication you are taking, past injuries or health issues, or family health issues, then you must refrain from using the Services altogether. Even if you are careful and healthy, You still may have a serious risk of illness or injury. If you start feeling sick, dizzy, lightheaded, or nauseated while using the Services, stop immediately. Participating in fitness activities comes with inherent risks. You assume all risk of injury and any health-related issue. Elf at Work and its instructors, employees, affiliates, agents or representatives shall not in any way be responsible for your use of the Services in violation of the above. You waive all claims, foreseen or unforeseen, anticipated or unanticipated, related to your use of the Services, against Elf at Work and our providers, agents, employees, affiliates, volunteers, representatives and other users (including any claim against them related to contacting emergency services or paying any costs associated with any treatment you receive).
Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms. We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, and all incorporated documents referred to herein, constitutes the entire agreement as to your use of and our provision of the Site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral. You acknowledge that, in entering into this agreement, you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any incorporated documents referred to herein.
19. Applicable law
These Terms will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales, and you irrevocably submit to the jurisdiction of the Courts of England and Wales and you irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
20. Contact us
To contact us, please email email@example.com