TERMS OF USE
INTRODUCTION
These Terms of Use (the “Agreement”) contain the legal terms and conditions that govern your access
and use of the MyWorkLife website and all products and services provided to you by MyWorkLife (individually and
collectively referred to as “the Services”).
This Agreement contains provisions that limit or disclaim our liability and that indemnify us against certain
types of claims. Please read this Agreement carefully.
When you register as a user (“User”) of MyWorkLife you agree to be bound by these terms and
conditions including our Privacy Policy.
Creating or joining a tenancy
When you join MyWorkLife, you are required to supply an email address. You must use a valid email address and
you will be sent an activation email to confirm your address and to validate your registration.
The domain part of your email address (everything after the “@” sign) will determine the user group
(“tenancy”) that you join. If you are the first user from your domain to join MyWorkLife, you will
be establishing a new tenancy, otherwise you will be joining an existing tenancy already established by someone
else from your domain.
You may invite other persons to join MyWorkLife. MyWorkLife users will only be able to invite people from the
same domain to join their tenancy.
Each tenant must appoint and retain one user (the “Tenant Administrator”) who is authorised to
contract and liaise with MyWorkLife on behalf of the tenant. Where no specific person has accepted the role of
tenant Administrator, use of the Services may be suspended for that tenant. Users accepting the role of
Administrator warrant that they have full authority to do so.
SUBSCRIPTIONS
MyWorkLife is charged for on a tiered monthly subscription basis based on the number of active users per
tenancy. Where the addition of a new user would result in the user limit for a particular subscription tier
being exceeded, the tenant administrator will need to first upgrade the subscription to cater for a higher
number of users before the new user will be activated. Where such an upgrade occurs during the course of a
month, a pro-rata increase will be applied for the remaining period of that month.
Tenant administrators may give notice of termination of a tenancy at any time in which event all Services in
respect of that tenancy shall terminate on the expiry of the month in which such notice was given. Monthly fees
and charges will not be refunded.
PAYMENTS
Payment for the Services shall be made monthly in advance by means of Visa, MasterCard or American Express
credit card. Payments shall be processed using a secure payment gateway provided by Recurly.com using Secure
Socket Layer 3 (SSL3) encryption technologies and no credit card details will be stored on the MyWorkLife
website. Additional credit card types may be accepted by the payment gateway provider based on your country of
residence. The merchant outlet country at the time of presenting payment options to the cardholder shall be the
United Kingdom.
All fees can charges shall be charged to the credit card identified for such purposes during the creation of a
tenancy unless you designate an alternative card using the account settings page within MyWorkLife. Where a
credit card fails to accept a monthly payment, interest at the rate of 2% per month, calculated daily and
compounded monthly in arrears shall be applied to the outstanding balance. MyWorkLife is authorised to debit
monthly subscription fees, interest and any other charges incurred by you in relation to the Services against
your card or the card linked to your tenancy.
On receipt of payment for the Services, an electronic tax receipt will be issued to the tenant.
ELIGIBILITY AND ACCEPTABLE USAGE
You are only eligible and permitted to use the Services if you:
(1) are not a competitor of ours or MyWorkLife or are not using the Services for reasons that are in competition
with us or MyWorkLife, or that would prejudice our or MyWorkLife’s commercial interests;
(2) have full legal capacity to enter into this Agreement;
(3) will not violate any rights of MyWorkLife, including intellectual property rights such as copyright or
trademark rights,
(4) will not copy, distribute, or disclose any part of the Services in any medium;
(5) will not alter or modify any part of the Services other than as may be reasonably necessary to use the
Services for its intended purpose;
(6) will not use or launch any automated system that accesses the Services in a manner that sends more request
messages to the MyWorkLife servers than a human can reasonably produce in the same period of time by using a
conventional on-line web browser;
(7) will not collect or harvest any personally identifiable information, including account names, from the
Services nor to use the communication systems provided by the Services for any commercial solicitation purposes;
(8) will not use any portion of the Services as a destination linked from any unsolicited bulk messages or
unsolicited commercial messages
(9) will provide at your cost all equipment, software, and internet access necessary to use the Services,
and
(10) will otherwise comply with the terms and conditions of this Agreement.
You represent and warrant that entering into this Agreement will not violate any other agreement to which you
are a party and that, where you create or join a MyWorkLife tenancy, you are duly authorised to do so by, and on
behalf of, the organisation that you purport to represent.
You agree not to engage in, enable or promote any of the following prohibited actions:
(1) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to
or from the servers running the Services;
(2) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately
large load on our infrastructure;
(3) uploading invalid data, viruses, worms, or other software agents through the Services;
(4) impersonating another person or otherwise misrepresenting your affiliation with a person or entity,
conducting fraud, hiding or attempting to hide your identity;
(5) interfering with the proper working of the Services;
(6) infringing any intellectual property rights;
(7) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited
to, registering for the Services with a non-tenant alternative email address;
(8) collecting other user’s content or information, or otherwise access MyWorkLife using automated means
(such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
(9) engaging in unlawful multi-level marketing, such as a pyramid schemes; or
(10) soliciting login information or accessing an account belonging to someone else.
MyWorkLife may permanently or temporarily restrict, suspend, terminate, or otherwise refuse to permit your
access to the Services without notice and liability, if, in MyWorkLife’s sole determination, you violate
any of the terms of this Agreement.
Your User Account
You agree to:
(1) provide accurate and complete sign-in credential information;
(2) keep your password secure and confidential;
(3) not permit others to use your account;
(4) refrain from using other users’ accounts;
(5) refrain from selling, trading, or otherwise transferring your MyWorkLife account to another party, and
(6) refrain from charging anyone for access to any portion of MyWorkLife, or any information therein.
You are responsible for everything that happens through your user account. You must notify MyWorkLife
immediately of any breach of security or unauthorised use of your account. MyWorkLife will not be liable for
losses caused by any unauthorised use of your account and you shall be liable for the losses of MyWorkLife or
others due to any such unauthorised use.
You may use your Settings to control your account information and personal details. We may also use your email
address to send you other messages, including notices of changes to features of the Services and special offers.
LICENSE
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive,
non-sublicenseable, non-assignable license and right to access and use the MyWorkLife website through a
generally available, reasonably up to date and properly maintained web browser, and to view the information that
we provide on MyWorkLife webpages and in accordance with this Agreement. Any other use of MyWorkLife contrary to
its purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly
granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and
all other rights and interest in MyWorkLife and all related items, including any and all copies made of the
MyWorkLife website. MyWorkLife may terminate this license at any time for any reason or no reason.
USER CONTENT
MyWorkLife users will be able to engage, share and collaborate with other registered users who are members of
the same tenancy.
Users are able to form a group (“Group”) to segment the audience for certain user content. Each
Group may have one or more administrators (the “Group Administrator”). A Group may be defined as
open to any user in a tenancy (a “Public Group”) or a Group may be limited to certain users in a
tenancy with membership subject to the approval of the Group Administrator (a “Private Group”). A
Group Administrator may add or remove users to that particular Group.
You are responsible for all feedback, comments, questions, data, images and other information (“user
content”) that you upload, publish, display, link to or otherwise make available (hereinafter, “post”)
on or via the Services, and you agree that MyWorkLife acts as a passive conduit for online distribution and
publication of your user content. MyWorkLife will not review, share, distribute, or reference any such user
content except as provided herein or in our Privacy Policy or as may be required by law.
Please note that ideas you post and information you share may be seen and used by other members of your tenancy.
We cannot guarantee that other users will not use the ideas and information that you share on MyWorkLife.
Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want
others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it
to any MyWorkLife Group, into your or other feeds, or anywhere elsewhere on MyWorkLife.
All original user content created in the scope and course of employment shall be owned by the user’s
employer. MyWorkLife does not have, nor does it claim, any ownership rights in any user content, however you
specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host,
publish and use any user content that you post on or in connection with MyWorkLife and you warrant that you have
the authority to grant us this licence in respect of all user content that you post. This license ends when you
delete your user content or your account unless your user content has been shared with others, and they have not
deleted it. When you delete user content, you understand that removed content may persist in backup copies for a
reasonable period of time (but will not be available to others). In addition, you should note that if you are no
longer an eligible member of a tenant (e.g., you cease to be employed by the relevant company), your access to
all user content you uploaded may be terminated. You agree that if you are removed from a tenant, your user
content shall remain on the tenancy and shall be perpetually licensed to, or remain the sole property of, the
company which administers that tenancy.
You agree not to post user content that: (1) may create a risk of harm, loss, physical or mental injury,
emotional distress, death, disability, or physical or mental illness to you, or to any other person; (2) may
constitute or contribute to a crime or tort; (3) may create a risk of any other loss or damage to any person or
property; (4) contains the personal details or sensitive financial information or anyone else or any information
or content that you do not have a right to make available under any law or under contractual or fiduciary
relationships; (5) contains any information or content that is unlawful, harmful, abusive, racially or
ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing,
humiliating to other people (publicly or otherwise), libellous, threatening, or otherwise objectionable; (6)
contains any information or content that is illegal; (7) contains any information or content that you know is
not correct and current. In addition, you agree that any user content that you post does not and will not
violate third-party rights of any kind, including without limitation any intellectual property rights
(including, but not limited to, patent rights, copyrights, trademark, and trade secret rights), rights of
publicity and privacy.
In addition to complying with the terms and conditions of this Agreement, users should also follow their
particular employer’s policies, guidelines and procedures and the laws of the country in which they reside
concerning the user content they post to the Services.
You are solely responsible for your interactions with other MyWorkLife users. We reserve the right, but have no
obligation, to monitor disputes between you and other users.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless MyWorkLife and its subsidiaries, agents, managers, and other
affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and
all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to
legal fees) arising from: (1) your use of and access to the Services, including any data or work transmitted or
received by you; (2) your failure to comply with this Agreement, including without limitation, your breach of
any of the representations and warranties given by you in terms of this Agreement; (3) your violation of any
third-party right, including without limitation any right of privacy, publicity rights or any Intellectual
Property Rights; (4) any claim or damages that arise as a result of any of your user content posted via your
account or removed by us; and (5) any other party’s access and use of the Services with your unique
username and password.
You understand and acknowledge that you may be exposed to user content that is inaccurate, offensive, indecent,
or objectionable, and you agree that MyWorkLife shall not be liable for any damages you may incur as a result of
exposure to, use of or reliance upon any such user content.
OUR RIGHTS
Intellectual Property Rights
Except for your user content, the Services and its materials, including, without limitation, software, text,
images, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music
(the “MyWorkLife Content”), and all Intellectual Property Rights related thereto, are the exclusive
property of MyWorkLife and its licensors. Except as explicitly provided herein, nothing in this Agreement shall
be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the
MyWorkLife Content or materials on the Services for any purpose not expressly permitted by this Agreement is
strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without
limitation about how to improve the Services or our products (“Submissions”). By submitting any
Submissions, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not
place MyWorkLife under any obligation, that we are free to disclose the Submissions on a non-confidential basis
to anyone or otherwise use the Submissions in any way without any compensation to you. You acknowledge that, by
acceptance of your Submission, MyWorkLife does not waive any rights to use similar or related ideas previously
known to MyWorkLife, or developed by its employees, or obtained from sources other than you.
Service Availability
For as long as MyWorkLife continues to offer the Services, MyWorkLife shall provide and seek to update, enhance
and develop the Services. As a result, we allow you to access MyWorkLife as it may exist and be available on any
given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace,
refuse access to, suspend or discontinue MyWorkLife, partially or entirely, or change and modify prices for all
or part of the Services for you or for all our users in our sole discretion. All of these changes shall be
effective upon their posting on our site or by direct communication to you unless otherwise noted. MyWorkLife
further reserves the right to withhold, remove and or discard any content available as part of your account,
with or without notice if deemed by MyWorkLife to be contrary to this Agreement. For avoidance of doubt,
MyWorkLife has no obligation to store, maintain or provide you a copy of any content that you or other users
provide when using the services.
PRIVACY
By accepting this Agreement, you are agreeing to the terms and conditions of our Privacy Policy which is located
here and which is expressly incorporated by reference into this Agreement. You
should carefully read our full Privacy Policy before deciding to become a user as it governs our treatment of
any information, including personally identifiable information you submit to us. By using the Services,
you are consenting to having your personal data hosted and processed in South Africa (from where we provide certain
services and where our servers are based) and to your name, likeness and user content
being accessible to other users of your tenancy.
SECURITY
We have implemented technical and organisational measures designed to secure your personal information and user
content from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot and
do not guarantee that unauthorised third parties will never be able to defeat those measures or use your
personal information and user content for improper purposes. You acknowledge that you provide your personal
information at your own risk.
ADDITIONAL REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own user content and the consequences of posting or publishing it. In
connection with user content, you affirm, represent and warrant, in addition to the other representations and
warranties in this Agreement, the following:
(1) You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide
by and comply with this Agreement.
(2) You have the written consent of each and every identifiable natural person that you invite to join
MyWorkLife by providing their email address to MyWorkLife.
(3) Your user content and MyWorkLife’s use thereof as contemplated by this Agreement and the Services will
not infringe any rights of any third party, including but not limited to any Intellectual Property Rights,
privacy rights and rights of publicity.
THIRD-PARTY WEBSITES, ADVERTISERS OR SERVICES
MyWorkLife may contain links to third-party websites, advertisers, or services that are not owned or controlled
by MyWorkLife. MyWorkLife has no control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites or services. If you access a third party website from MyWorkLife, you
do so at your own risk, and you understand that this Agreement and MyWorkLife’s Privacy Policy do not
apply to your use of such sites. You expressly relieve MyWorkLife from any and all liability arising from your
use of any third-party website or services or third party owned content. Additionally, your dealings with or
participation in promotions of advertisers found on MyWorkLife, including payment and delivery of goods, and any
other terms (such as warranties) are solely between you and such advertisers. You agree that MyWorkLife shall
not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to read the terms and conditions and privacy policy of any third-party website or service that
you visit.
NO WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT
YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF
DATA, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYWORKLIFE, ITS SUBSIDIARIES, AND ITS LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS;
THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYWORKLIFE NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, SERVICE PROVIDERS,
EMPLOYEES, SHAREHOLDERS, LICENSORS OR DIRECTORS (“MYWORKLIFE AFFILIATES”) BE LIABLE TO A USER,
TENANT OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER
(INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS, REVENUE, DATA OR GOODWILL), AND WHETHER ANY SUCH CLAIM
ARISES IN CONTRACT, IN DELICT OR OTHERWISE, OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES,
HOWSOEVER ARISING, THAT MAY BE SUFFERED BY A USER, TENANT OR ANY THIRD PARTY NOR FOR ANY LIABILITY OF A USER OR
TENANT TO EACH OTHER OR TO ANY THIRD PARTY HOWSOEVER ARISING.
TERMINATION
Mutual right of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to MyWorkLife as determined in
Notifications Procedures Section. MyWorkLife may terminate the Agreement and your account for any reason or no
reason, at any time, with or without notice. Termination of your MyWorkLife account includes disabling your
access to MyWorkLife and may also bar you from any future use of MyWorkLife.
Effect of Termination
Upon the termination of your MyWorkLife account, you will lose access to the Services and all content posted
therein. The terms of this Agreement shall survive any termination.
GENERAL
Entire Agreement/Severability
This Agreement together with any other legal notices and agreements published by MyWorkLife via the Services
constitutes the entire contract between you and MyWorkLife regarding the Services and no representations, terms,
conditions or warranties not contained in this Agreement or a specific policy expressly incorporated by
reference shall be binding on either of the parties. If any provision of this Agreement is found by a competent
court or tribunal to be invalid or unenforceable, the invalid or unenforceable provision will be modified so as
to render it valid and enforceable to the maximum extent possible in order to effect the intention of the
provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable,
the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in
any way.
Amendments to this Agreement
We reserve the right to amend this Agreement at any time without notice. Should we do this, we will include the
amended Agreement on this page and state the date the Agreement was last revised. Your continued use of the
Services after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of
these terms or any future Agreement, do not use or access (or continue to access) the Services. This Agreement
applies to all visitors, users, and others who access the Services (“users”).
No informal waivers
MyWorkLife’s failure to assert any right or provision under this Agreement and any indulgence granted by
MyWorkLife shall not constitute a waiver of such right or provision and no waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and
delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the
Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation,
effective upon notice to you, MyWorkLife for any third party that assumes our rights and obligations under this
Agreement.
Notification Procedures
MyWorkLife may provide notifications, whether required by law or are for marketing or other business related
purposes, to you via email, written or hard copy notice, or through conspicuous posting of such notice on our
website, as determined by MyWorkLife in our sole discretion. You acknowledge and agree that we shall have no
liability associated with or arising from your failure to maintain accurate contact or other information,
including, but not limited to, your failure to receive critical information about the Services.
Contact
MyWorkLife is a trading name of Business Systems Group (UK) Ltd.
You may contact us at support@myworklife.com or via mail or
courier at:
Business Systems Group (UK) Ltd
Postal: 1 Ropemaker Street, London, EC2Y 9HT
Contact: (+44) 20 3416 6400
Governing Law
This Agreement shall be governed, interpreted and implemented in accordance with the laws of the Republic of
South Africa and the parties submit to the non-exclusive jurisdiction of the South African Courts.
Please Contact us at support@myworklife.com with any
questions regarding this Agreement.