These are the terms and conditions of ERGOFY LIMITED (trading as WORKHAPPY), a company incorporated and registered in England and Wales (with company number 10307064) whose registered office is at Unit 120 Vox Studios, 1-45 Durham Street, London SE11 5JH (“we” or “us”).
These terms and conditions together with all other documents referred to in them (“Terms and Conditions”) set out the terms and conditions on which we will provide our Services to you as detailed in our quotation (which may be given via email (“Quotation”) provided to you or the party purchasing the Services. In these Terms and Conditions, “you” means the person, company or legal entity that uses our Services (as defined below). For the avoidance of doubt, these Terms and Conditions do not apply to the use of our online self-assessment software (www.ergofy.co.uk) or the purchase of any products from us.
You are deemed to have accepted these Terms and Conditions when you accept our quotation, and a legally binding contract is formed between you and us. Please read these Terms and Conditions below carefully and ensure that you understand them. If you have any query about anything in these Terms and Conditions, please contact us to discuss.
- These Terms and Conditions cover a number of services we provide, as follows:
- in-person workstation assessments;
- virtual workstation assessments;
- workplace mindfulness workshops and nutrition workshops;
- desk massage days; and
- DSE assessor training, manual handling training and such other services as confirmed by us
- (together, the “Services”).
2. We will use only suitably qualified personnel to carry out the Services.
3. We warrant that we will use reasonable care and skill in our performance of the Services and will comply with the terms of the Quotation. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
4. Where the Services include an assessment referred to in clauses 1.1a) and/or 1.1b), you will receive a workstation assessment report following the assessment which will detail the results of the assessment and any recommended courses of action.
- You or the party purchasing the Services can book a suitable time and date for our Services via our website booking link or via email. Once we have accepted your booking, you will receive a confirmation email. This email will confirm all details necessary for attendance of the relevant Service. If you have not received the email within 24 hours, please contact us by email to email@example.com.
- If you wish to cancel any of the Services once booked, you can do so without charge provided you give us not less than 5 working days’ prior written notice. If you cancel the Service(s) less than 5 working days but more than 72 hours prior to the scheduled booking, we will charge a cancellation fee of 50% of the full fee detailed in the Quotation. If you cancel the Service(s) less than 72 hours prior to the scheduled booking, we will charge the full fee detailed in the Quotation.
- Where we have to cancel any Services for operational reasons or due to a Force Majeure Event (see clause  below), you will not be charged for those cancelled Services.
- The fees for the Services are set out in the Quotation. All fees are stated exclusive of any sales, use, excise, VAT and any other like taxes applicable to a location.
- We may recover from you the reasonable costs of any expenses incurred by us in providing the Services, including travel expenses and costs of any materials required for the provision of the Services. Any such expenses will be agreed with you and detailed in the quotation.
- Unless otherwise stated in the Quotation, we will issue our invoice in respect of the Services on the last day of the month in which the Services were performed. Payment of our invoices is due within 30 days of issue.
- In the event of late payment, we may charge interest on the amount due at the rate of 3% per annum above the base rate from time to time of Barclay's Bank Plc from the due date until payment.
- 4. Disclaimers and our legal responsibility
- We hope that the Services are beneficial to you. The Services will be provided using suitably qualified personnel who possess the necessary skill, expertise, knowledge and qualifications to provide the Services. We don’t however promise or guarantee any particular outcomes or results from our Services or our recommendations of any particular products or goods.
- Whilst some of the Services will be provided by medically trained professionals, the Services we provide do not constitute medical advice and there will be no diagnosis of medical conditions or impairments through use of the Services. You act on our advice and guidance at your own risk.
- If you have any concerns about your (or your employee’s) state of health, physical condition and wellbeing generally, you must seek appropriate medical advice from Your GP or other relevant professional medical adviser (or advise your employee to do so, as the case may be).
- We will not assume any liability for any direct or indirect losses or damages that may result, including, but not limited to, economic loss. Nothing in this agreement shall exclude any liability under the law that cannot be excluded, including death or personal injury caused by negligence.
- 5. Intellectual Property:
- Nothing in these Terms and Conditions is deemed to transfer any copyright or intellectual property rights in any part of our Services, including training and educational resources, materials, documentation, videos or any other item used within any of our Services (“our IP”) to you. All copyright and intellectual property rights in our IP is owned exclusively by us.
- No part of our IP may be reproduced or transmitted in any form whatsoever, whether electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without express written, dated and signed permission from us.
- 6. How we use your personal information (Data Protection)
- We comply with applicable data protection legislation, including the EU law retained version of the General Data Protection Regulations (2016/679) and the UK Data Protection Act 2018. We will only use your personal information as set out in our data processing agreement for services, available at https://www.workhappy.uk/dpa-for-services.
- We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
- Our total liability to you for all other losses arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to total amount of fees in the Quotation to which these Terms and Conditions relate.
- Nothing in these Terms and Conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; and/or (iii) any other matter in respect of which liability cannot be excluded or restricted by law.
- As part of the Services, information will be shared between you and us, and by any other attendee (if applicable). Any information shared by anyone will be treated as confidential and both you and we agree not to disclose, reveal, or make use of any confidential Information discussed during the Services, or gained from another attendee (if applicable).
- Confidential information includes (but is not limited to) information disclosed in connection with this these Terms and Conditions, personal information, ideas, any business and career practices, materials, content, documents, video and audio recordings, presentations, resources, downloads, podcasts, workbooks or any other conﬁdential and/or proprietary information. Confidential information doesn’t include information rightfully obtained from a third party or is already in the public domain.
- You and we will keep confidential information in strictest confidence and shall use our best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss and theft. We will only disclose confidential information where we are required to do so by law or by a government authority.
- We won’t be liable for any failure or delay in performing our obligations under these Terms and Conditions where our failure or delay is due to a cause beyond our reasonable control (“Force Majeure Event”). Such Force Majeure Events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.
- In the event of a Force Majeure Event, we will inform you as soon as reasonably possible and discuss and agree with you a suitable alternative time and date for the performance of the Services.
- Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email to firstname.lastname@example.org and we will use the email you gave us. If your contact details change, please let us know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.
- These Terms and Conditions (and any Quotation and/or subsequent email confirmation relating to the Quotation, or otherwise referred to herein) represent the entire understanding and agreement between you and us with regards to the subject matter and formation of these Terms and Conditions, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these Terms and Conditions or any other agreement related to these Terms and Conditions and expressly references herein is of any force and effect.
- Delay in exercising a right under these Terms and Conditions won’t take away that right or any other right.
- No one other than you and we have any right to enforce any terms of these Terms and Conditions and the Contracts (Rights of Third Parties) Act 1999 don’t apply to these terms and conditions.
- These Terms and Conditions will apply from the date of your acceptance of the Quotation (or acceptance by the party purchasing the Services) and will continue until completion and/or delivery (as applicable) of the Services.
- 15. Severability
- If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these Terms and Conditions.
16. Governing law
- These Terms and Conditions, and any non-contractual obligations arising under them, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any matter and proceedings arising out of these Terms and Conditions.