Terms of Use

Last updated: 14/11/2024

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WORKA – TERMS OF USE

Worka Limited is a company registered in company registered in England (company number 15491111) with its registered offices at 11th Floor, The Blue Fin Building, Southwark Street, London, England, SE1 0TA (with VAT number 465543768) (“We”, “Us”, “Our”).

We operate:

The website(s) at https://www.worka.com (together, the “Website”), which provides (amongst other things) users the functionality to browse and use the Worka marketplace (the “Marketplace”), the workspace management subscription solution for businesses, Worka Team (“Worka Team”) and the partner portal via which workspace partners can list workspaces, manage their bookings and account (the “Partner Portal”); and
The Marketplace mobile application available through the Apple App Store, Google Play and any other app store that We may make the app available through from time to time (the “Worka App”),

each a “Platform” and references to “Platform” in these Terms of Use shall be to the Website, Marketplace, Worka Team, Partner Portal and/or Worka App (as applicable).

Before using the Platform, You as an individual user should carefully read these Terms of Use, including the policies and procedures referred to below (the “Policies”), which also apply to Your use of the Platform (as updated by Us from time to time).

You confirm that, by using the Platform, You accept these Terms of Use in full and that You will comply with and agree to be bound by them.

If You don’t accept these Terms of Use, You should stop using the Platform immediately.

We may modify these Terms of Use at any time, and Your continued use of the Platform after We post modifications to these Terms of Use means that You agree to be bound by them, as modified. It is Your responsibility to check these Terms of Use from time to time to take notice of any changes We make, as any and all changes made are binding on Your access to and use, and any continued access to and use, of the Platform.

This version of these Terms of Use is effective from Nov,14, 2024.

There are three parts to these Terms of Use:

PART A: Terms Applicable to all Platforms, including acceptable use which sets out the permitted uses and prohibited uses of the Platform.

PART B: Additional Terms Applicable to all Platforms excluding Worka Team (together the “Marketplace Platforms”).

PART C: Additional Terms Applicable to the Worka App.

PART A: TERMS APPLICABLE TO ALL PLATFORMS

1. THE TERMS ON WHICH YOU MAY USE THE PLATFORM

1.1 Subject to Section 11, these Terms of Use set out the terms on which You may use the Platform and are the terms that apply to Your use of the Platform in any jurisdiction worldwide.

1.2 The following Policies also apply to Your use of the Platform (as updated by Us from time to time):

1.2.1 PRIVACY POLICY: Which sets out details on how We process any personal data We collect from You, or that You provide to Us, as well as information about the cookies We place. Our privacy policy sets out what We do with that personal data.

1.2.2 COMPLAINTS POLICY: We strive to provide excellent customer service at all times. If You are not satisfied with Our services at any time, our complaints policy sets out details on how to raise a complaint and the complaints process.

1.3 You will need to register an account with Us in order to access certain services and functionality available on the Platform. If You register an account on the Platform, use of the Platform will also be governed by Our Terms of Service.

1.4 You are responsible for ensuring that anyone else who accesses the Platform as a user or through Your internet connection is aware of these Terms of Use and that they will comply with them at all times.

1.5 Each of the Sections of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Sections will remain in full force and effect.

1.6 If We fail to insist that You perform any of Your obligations under these Terms of Use, or if we do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

1.7 The headings in these Terms of Use are for convenience only and do not affect their interpretation.

1.8 Words imparting the singular number shall include the plural and vice-versa.

1.9 All references to “You” and “Your” in these Terms of Use shall mean You as the user of the Platform and the legal entity or entities being the business You are using the Platform on behalf of (if applicable).

2. ACCEPTABLE USE - PROHIBITED USES OF THE PLATFORM

2.1 You may only use the Platform for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages.

2.2 In addition, You must not:

2.2.1 attempt to gain unauthorised access, interfere with, damage, or disrupt the Platform (or any part of it), the server, equipment or network on which the Platform is stored, any server, computer or database connected to the Platform or any software (including if owned or used by any third party);

2.2.2 attack the Platform via a denial-of-service attack or a distributed denial-of service attack;

2.2.3 use phishing, screen or web scraping, data mining, robots, internet scamming, password robbery, spearing, or similar gathering, extraction tools, to collect any information from the Platform, including without limitation any trademarks, logos, copyright, or other proprietary information (including images, text, data, page layout, or form), email addresses, screen names or other identifiers, by deceit or otherwise, without Our express written consent;

2.2.4 use the Platform to distribute software;

2.2.5 carry out a denial-of-service attack or a distributed denial-of-service attack on the Platform or use the Platform to carry out any such attack on any website;

2.2.6 except as may be allowed by any applicable law which is incapable of exclusion by agreement between Us and You, reproduce, duplicate, copy, create derivative works from or re-sell any part of the Platform in contravention of these Terms of Use or other applicable terms;

2.2.7 access, develop, supply or market all or any part of the Platform in order to build a product or service which replicates, competes with or is substantially similar to the Platform;

2.2.8 attempt to undertake any security testing of the Platform without Our prior written consent;

2.2.9 use the Platform:

2.2.9.1 to monitor data or traffic on any network or system;

2.2.9.2 to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;

2.2.9.3 to provide services to third parties (including any of Your affiliates) or assist third parties in obtaining access to any part of the Platform that is not publicly available;

2.2.9.4 or procure the use of the Platform, to send or transmit, whether directly or indirectly, unsolicited or unauthorised advertising or promotional material (or any other form of similar solicitation), chain letters or pyramid selling schemes;

2.2.9.5 for mail bombing or flooding or to make deliberate attempts to overload any system;

2.2.9.6 to post content or link to content where You know that or ought to have known that the owner of that content has not consented to or authorised that posting or linking or where that posting or linking infringes the rights of that owner;

2.2.9.7 to groom, harm or take advantage of minors in any way or to attempt to do so;

2.2.9.8 in any way that breaches these Terms of Use or any applicable law, national law, or international law;

2.2.9.9 in violation of export laws, controls, regulations or sanction policies of the United Kingdom, United States or any other country;

2.2.9.10 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.2.9.11 to send, transmit, publish, knowingly receive, upload, download, store, reproduce, use or re-use any material which does not comply with Section ‎4 below; and

2.2.9.12 to knowingly or recklessly introduce, transmit or permit the transmission of, send or upload to the Platform any data, application, or any material of any kind that contains viruses, ransomware, malware, 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.

3. ACCEPTABLE USE - INTERACTIVE SERVICES

3.1 We may from time to time provide interactive services on the Platform (“Interactive Services”).

3.2 Where We provide any Interactive Services, We will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or non-human).

3.3 We will do Our best to assess any possible risks for users (including minors) from third parties when they use any Interactive Services provided on the Platform, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any Interactive Services We provide on the Platform, and We expressly exclude Our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of Our content standards, whether the service is moderated or not.

3.4 Where We moderate any Interactive Services, We will normally provide You with a means of contacting the moderator, should a concern or difficulty arise. If the moderator is not able to address the concern raised to Your satisfaction, then please bring the matter to Our attention in accordance with Our complaints procedure.

4. ACCEPTABLE USE - CONTENT STANDARDS

4.1 These content standards apply to any and all material which You contribute or upload to the Platform, and to any Interactive Services associated with it. We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that We think contravenes these standards.

4.2 Please remember that any content You upload to the Platform may be viewed by other users, so always think carefully before You submit any content.

4.3 You must comply with the following standards, which apply to each part of any contribution as well as to its whole.

4.3.1 Any content that You contribute or upload to any part of the Platform must:

4.3.1.1 be accurate (including where they state facts);

4.3.1.2 be genuinely held (including where they state opinions); and

4.3.1.3 comply with all applicable laws in the United Kingdom, United States of America and in any country from which they are posted or viewed.

4.3.2 Any content that You contribute or upload to any part of the Platform must not:

4.3.2.1 contain any material which is defamatory to any person;

4.3.2.2 contain any material which is obscene, offensive, indecent, malicious, hateful or inflammatory;

4.3.2.3 promote pornographic or sexually explicit material;

4.3.2.4 promote violence or terrorism;

4.3.2.5 promote discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age;

4.3.2.6 infringe any copyright, database right, trade mark, or any other intellectual property right, of any other person;

4.3.2.7 be fraudulent or is likely to deceive any person;

4.3.2.8 exploit any person, including minors;

4.3.2.9 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or is content which is a trade secret where You are not the trade secret holder, including any trade secret (as that term is defined in regulation 2 of the Trade Secrets (Enforcement, etc.) Regulations 2018 where the discloser is the trade secret holder;

4.3.2.10 promote or constitute any illegal or unlawful activity;

4.3.2.11 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or anxiety;

4.3.2.12 be likely to distress, harass, upset, embarrass, alarm or annoy any other person;

4.3.2.13 be used to impersonate any person, or to misrepresent Your identity or affiliation with any person;

4.3.2.14 give the impression that it comes from Us, if this is not the case;

4.3.2.15 contain any marketing, advertising and/ or promotion of any goods/services/events or anything of a similar nature;

4.3.2.16 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

4.3.2.17 contain someone else’s personal details or confidential information relating to other people;

4.3.2.18 solicit or attempts to solicit passwords or personal identifying information for commercial or unlawful purposes from other users or creates a risk to a person’s health or safety or public health or safety;

4.3.2.19 promote any political activity;

4.3.2.20 compromise national security; or

4.3.2.21 interfere with any investigation by a law enforcement or regulatory authority.

5. ACCEPTABLE USE – ACCESS AND CONTENT

5.1 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way from the Platform, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. If You reproduce the downloaded or printed content in any medium, You must ensure that You reproduce it accurately and completely and include a statement acknowledging that it is sourced from the Platform.

5.2 Our status (and that of any identified contributors) as the authors of any content and material published on the Platforms must always be acknowledged and respected by You at all times.

5.3 You must only use the Platform, and the content and materials on the Platform, for Your internal business purposes and not for the purpose of competing directly or indirectly with Our business in any way (including offering the same or similar services that We offer to any third party) without obtaining Our prior written consent to do so.

5.4 Whilst We regularly review and update the content and materials on the Platform, We cannot guarantee that all content on the Platform (including any content uploaded by its users) is accurate, complete or up to date, and its content may be out of date at any given time. The content on the Platforms is provided for general information and/or marketing purposes only, including the property descriptions and any other information. Commentary and other content and materials posted on the Platform is not intended to amount to advice on which reliance should be placed. We therefore, make no warranties, representations, undertakings or guarantees that the Platform or any of the content on the Platform is accurate (including any content uploaded by its users), complete or up to date or will be free from errors or omissions. Any view expressed by any user of a Platform is their view and not Our view nor the view of Our officers or employees. You should always obtain appropriate specialist advice (including but not limited to professional and legal advice) before taking, or not taking, action on the basis of any content and materials on any part of the Platform.

5.5 We make no warranties, representations, undertakings or guarantees that the Platform is secure and free from bugs, viruses, malware, adware, trojan horses, or other technologically harmful material that may infect Your computer equipment, software or otherwise. You are responsible for ensuring that:

5.5.1 any device from which You access and use the Platform has appropriate active anti-virus and firewall software protection in place; and

5.5.2 Your information technology, computer programmes and platforms are appropriately configured before accessing and using the Platform.

6. SUSPENSION AND TERMINATION

6.1 We will determine, at Our absolute discretion, whether there has been a breach of these Terms of Use through Your use of the Platform. When a breach of these Terms of Use has occurred, We may take such action as We deem appropriate including but not limited to any or all of the following:

6.1.1 immediate, temporary or permanent withdrawal of Your right to use the Platform;

6.1.2 immediate, temporary or permanent removal of any posting or material uploaded by You to the Platform;

6.1.3 issue of a written warning to You;

6.1.4 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;

6.1.5 further legal action against You; and/or

6.1.6 disclosure of such information to law enforcement authorities as We consider is necessary or is required.

6.2 If Your right to use the Platform is suspended or terminated in accordance with Section 6.1, You must return or destroy any digital and physical copies of any part of the Platform You have downloaded, printed or otherwise copied.

7. RESTRICTIONS ON YOUR USE OF THE PLATFORM

7.1 If We receive a request from any law enforcement authority, We may report Your identity, details of any breach of these Terms of Use and any other information We consider necessary, or may be required, to provide to such law enforcement authorities.

7.2 We will not be liable for any loss or damage caused by any distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, systems, data or other proprietary material due to Your use of the Platform or to Your downloading of any material published on it, or on any websites linked to it.

7.3 The Platform is offered and available to users who are 18 years of age or older, and no one under this age may access or use the Platform or provide any personal information through the Platform, unless We specify otherwise in writing. By accessing and/or using the Platform, You represent and warrant that You are 18 years of age or older, and if You are not and do not have Our written consent for You to do so, You must not access or use the Platform.

8. LINKING TO THE PLATFORM

8.1 You may create a link to the Platform from any other website, subject to the following conditions:

8.1.1 You may only link to the Platform from a website which You legally own and which complies in all respects with Sections 2 to 4 above;

8.1.2 You must not suggest that We have any association with You or that We approve or endorse You or any of Your products or services on the Platform, or consent to You doing so unless We expressly agree in writing that You can do so; and

8.1.3 provided that You do so in a way that is reasonable and legal and does not directly or indirectly link from any website which may damage or seek to benefit from Our reputation, goodwill and/or know-how.

8.2 We reserve the right to withdraw linking permission at any time without notice and for any reason.

9. LINKS FROM ANY PART OF THE PLATFORM

9.1 Where any part of the Platform contains links to any other websites and resources provided by third parties, these links are provided for convenience and Your information only. We have no control over the contents of those websites or resources and accept no responsibility or liability to You out of or in connection with Your use of any other websites or their content.

10. INFORMATION WE COLLECT ABOUT YOU ON YOUR VISITS TO THIS PLATFORM

10.1 We process information about You in accordance with Our Privacy Policy. By using this Platform You warrant that all data provided by You to Us is accurate, You will have the right to provide such data, and You will advise Us of any changes to such data.

11. INFRINGEMENT CLAIMS

11.1 We respect the intellectual property rights of others. Accordingly, We have a policy of removing content that violates copyright, trademark, or other intellectual property laws, suspending access to all or any portion of the Platforms to any user who uses the Platforms in violation of any such law, and/or terminating in appropriate circumstances access to the Platforms and the account (if any) of any user who uses the Platforms in violation of any such law.

11.2 Notification of Alleged Infringement. We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If You believe Your copyright, trademark, or other intellectual property right is being infringed by a user of any of the Platforms, please provide written notice to Our Copyright Agent for notice of claims of infringement:

Worka Limited, Attn: Copyright Agent, The Blue Fin Building, 110 Southwark Street, London, SE1 0TA, Email: copyright@theinstantgroup.com.

11.3 In respect of notifications of alleged infringement in the United States Your written notice must: (a) contain Your physical or electronic signature; (b) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material (e.g., the URL); (d) contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address); (e) contain a statement that You have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorised by the owner, the owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury (in the case of a claim of copyright infringement), that You are authorised to act on behalf of the copyright, trademark, or other intellectual property right owner.

11.4 Counternotice to Restore User Content Removed for Alleged Infringement. We have also implemented procedures for receiving written notification if You believe Your copyrighted material, trademark, or other intellectual property has been removed by mistake or misidentification, in which case, please provide written notice to the Copyright Agent address above.

11.5 In respect of notifications of alleged infringement in the United States Your written counternotice must: (a) contain Your physical or electronic signature; (b) identify the copyrighted work, trademark, or other intellectual property alleged to have been removed by mistake or misidentification; (c) identify the material that was removed in a sufficiently precise manner to allow Us to locate that material; (d) contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address); (e) contain a statement that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and (f) contain a statement, under penalty of perjury (in the case of a claim of copyright infringement) that the information in Your counter-notice is accurate.

11.6 If You fail to comply with all of the requirements of this Section in respect of notifications of alleged infringement in the United States, Your notice or counternotice may not be valid. Whilst these requirements are not mandatory in other regions You should ensure that You provide Us with sufficient information for Us to (a) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed (b) evidence that use of the material was not properly authorised by the owner or that removal of the material was the result of a mistake or misidentification (as applicable) so that We may promptly respond to Your notice or counternotice.

11.7 For clarity, only copyright, trademark, and other intellectual property-related notices and counter-notices should be sent to the Copyright Agent under Section 11.2; any other feedback, comments, requests for technical support, and other communications should be directed to help@worka.com.

12. JURISDICTION AND APPLICABLE LAW

12.1 These Terms of Use or their subject matter or formation (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).

12.2 You agree to waive any objection to, and agree to submit to, the jurisdiction of the courts of England and Wales. You agree that a judgment or order of any such court is binding upon it and may be enforced in the courts of any other jurisdiction.

13. CONTACTING US

13.1 If You have any questions about this Platform or any of the content or materials published on this Platform, please contact help@worka.com.

PART B: additional TERMS APPLICABLE TO ALL PLATFORMS EXCEPT WORKA TEAM (TOGETHER THE “MARKETPLACE PLATFORMS”)

14. MARKETPLACE PLATFORMS ACCESS AND CONTENT

14.1 We do not guarantee that access to the Marketplace Platforms, or their content, will always be available or uninterrupted.

14.2 We grant You a non-exclusive, non-transferable, revocable, limited licence to access and use the Marketplace Platforms strictly in accordance with these Terms of Use. We reserve the right to suspend, restrict or withdraw any access to, or availability of, part or all of the Marketplace Platforms, the services We provide on the Marketplace Platforms and/or the content displayed on the Marketplace Platforms, to all users (whether with registered user accounts or not), without any notice. We may also close any part of or the entirety of the Marketplace Platforms at any time, whether temporarily or indefinitely, and with or without notice.

14.3 We reserve the right to update the Marketplace Platforms regularly. It is Your responsibility to check the applicable Marketplace Platform from time to time to take notice of any changes We make, as any and all changes made are binding on Your access to and use, and any continued access to and use, of the Marketplace Platforms and any services or content accessed through the Marketplace Platforms.

14.4 We are the owner or the licensee of all intellectual property rights in the Marketplace Platforms, and all the content and materials published on it. Those works are protected by copyright laws and treaties around the world. All other such rights are reserved, and no rights or licenses are granted to You in such works.

14.5 The Marketplace Platforms may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Marketplace Platforms are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that We are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Marketplace Platforms, or between users and any third party, you understand and agree that We are under no obligation to become involved. In the event that you have a dispute with any other user of the Marketplace Platforms, you hereby release Us and our affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Marketplace Platforms. If you are a California resident, you waive California civil code section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

15. CONTENT UPLOADED TO the MARKETPLACE PLATFORMS BY YOU OR BY OTHER USERS

15.1 By submitting any content on the Marketplace Platforms or otherwise providing any content or feedback to Us or reviews about Us in connection with any services We provide to, from, or in connection with the Marketplace Platforms (the “Materials”), You grant Us a worldwide, unlimited, royalty-free, perpetual, irrevocable and non-exclusive licence to:

15.1.1 use, store, copy, distribute, display, modify and edit the Materials in connection with the Marketplace Platforms and these services; and

15.1.2 sub-license or otherwise make available the Materials to other users and permit other users of the Marketplace Platforms to access, view and use the Materials in accordance with Our Terms of Use.

15.2 You acknowledge, warrant and represent that You have all requisite rights, consents and licences referred to in Section 15.1 both to submit and/or post the Materials on the Marketplace Platforms and to grant Us such rights to the Materials.

15.3 Any Materials You post on the Marketplace Platforms shall comply with Sections 2 to 4 of these Terms of Use at all times, and We reserve the right at Our sole discretion to edit, block or remove any Materials which do not comply with Our Terms of Use.

15.4 We also reserve the right to disclose Your identity to any person who claims that any Materials You have uploaded to the Marketplace Platforms infringe their intellectual property rights or their right to privacy or is defamatory.

16. LIABILITY

16.1 Nothing in these Terms excludes or limits the liability of a party to the other for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation by it or its employees; or (c) any other liability that cannot be excluded or limited by law. To the extent We may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum required under such law.

16.2 Subject to Section 16.1, We shall not be liable in tort (including for negligence), breach of statutory duty, contract, misrepresentation (whether innocent or negligent), restitution or otherwise for:

16.2.1 any loss of profits, loss of revenue or turnover, loss of anticipated savings, wasted expenditure, loss of contract, loss of business opportunities, loss of business, loss or interruption of use or cost to procure substitute technologies, depletion of goodwill or reputation and/or similar losses, or pure economic loss or any loss or corruption of data or information and/or remediation costs in relation to the loss or corruption of any data (regardless of whether these types of loss or damage are direct, indirect or consequential); or

16.2.2 any special, indirect, incidental, consequential, punitive, or exemplary loss or damage whatsoever,

in each case however arising under or in connection with these Terms of Use and even if We were aware of the possibility that such loss or damage might be incurred. In addition (and without prejudice to the terms above), under no circumstances shall We be liable for any loss or damage (whatsoever and howsoever arising) that was not reasonably foreseeable (at the time these Terms of Use first came into force) as a loss or damage that would have been caused and incurred as a result of the relevant breach giving rise to such loss or damage.

16.3 Subject to Sections 16.1 and 16.2, Our total aggregate liability to You in contract (including under any indemnities), tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising under or in connection with the performance, non-performance or contemplated performance in these Terms in respect of any and all causes of action arising shall in no event exceed £500.

16.4 Subject to Section 16.1, the Marketplace Platforms are provided by Us to You is on an 'as is' and 'as available' basis. You expressly agree that Your use of the Marketplace Platforms and any associated services is at Your sole risk and We expressly disclaim any and all representations and warranties of any kind, whether express or implied (whether by statute, common law or otherwise), including without limitation warranties and representations as to the quality, fitness for any purpose, merchantability, compatibility, reliability, accuracy, completeness, availability, timeliness, access, use or non-infringement or those arising out of a course of dealing or usage or trade. Subject to Section 16.1, We accept no responsibility or liability and make no guarantee that the Marketplace Platforms will be free from faults, errors and/or omissions. It is Your sole responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of the Marketplace Platforms or any information provided by Us, on any part of Marketplace Platforms or otherwise (whether provided by Us or a third party).

16.5 You are solely responsible for Your interactions with other users of the Marketplace Platforms. You understand that We may not conduct criminal background checks or screenings on or any other screening of such users. We also may not inquire into the backgrounds of such users or attempt to verify the statements of such users. We make no representations or warranties as to the conduct of such users or their compatibility with any current or future users. We reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records as permitted by applicable law

16.6 Subject to Section 16.1, We disclaim all liability and responsibility arising from any unavailability of any part of the Marketplace Platforms (at any time or for any reason) or any reliance placed on any commentary and any content or materials uploaded to the Marketplace Platforms.

16.7 You understand and agree that we have entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

17. YOUR INDEMNITY

17.1 To the maximum extent permitted by applicable law, You will fully indemnify and keep indemnified Us (for and on behalf of ourselves and Our affiliated companies, shareholders, members, officers, directors, managers, employees, agents or suppliers) (together the “Indemnified Parties”) harmless from (i) any and all losses (including all direct, indirect and consequential losses), liabilities, costs (including legal costs), expenses, claims, proceedings, or demands, that any Indemnified Party suffers or incurs, or will suffer or incur, due to or arising out of or in connection with Your use of the Marketplace Platforms, (ii) the violation of these Terms of Use by You, and (iii) the infringement by You of any intellectual property or any other right of any other person or entity.

PART C: ADDITIONAL TERMS APPLICABLE TO THE WORKA APP

18. If You downloaded the Worka App from the Apple App Store, then the following terms also apply to Your use of the Worka App in addition to those set out in these Terms of Use:

18.1 You acknowledge and agree that these Terms of Use have been concluded between You and Us, and not with Apple. You acknowledge and agree that Apple is not responsible for the Worka App and its content.

18.2 The licence granted under Section 14.2 is limited to use by You of the Worka App on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Platform may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing (if applicable).

18.3 You acknowledge and agree that Apple has no obligation to provide any maintenance or support services in respect of the Worka App.

18.4 In the event that the Worka App does not conform with any product warranty provided for by these Terms of Use, You may notify Apple and Apple may provide You with a refund of the price that You paid to purchase the Worka App (if any). Apple shall, to the maximum extent permitted by law, have no other warranty obligation to You whatsoever with respect to the Worka App.

18.5 You acknowledge and agree that We (and not Apple) are responsible for addressing any claims that You might have relating to the Worka App, including (without limitation): product liability claims; any claim that the Worka App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

18.6 In the event of a third party claim that the Worka App infringes that third party’s intellectual property rights, You acknowledge and agree that We (and not Apple) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.

18.7 You warrant and represent that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

18.8 You must comply with all applicable third party terms of agreement when using the Worka App.

18.9 You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms of Use with respect to Your use of the Worka App. Upon Your acceptance of these Terms of Use, Apple will have the right to enforce the Terms of Use against You as a third party beneficiary.

18.10 For clarity, in the event of any conflict between these Terms of Use and the Apple Media Service Terms and Conditions, the provisions of the Apple Media Service Terms and Conditions shall prevail to the extent necessary to resolve the conflict.

19. If You downloaded the Worka App from Google Play, then the following terms also applyto Your use of the Worka App in addition to those set out in these Terms of Use:

19.1 You acknowledge and agree that these Terms of Use have been concluded between You and us, and not with Google. You acknowledge and agree that Google is not responsible for and does not have any liability under these Terms of Use.

19.2 You acknowledge and agree that You will contact Us (and not Google) concerning any defects or performance issues with the Worka App.

19.3 If the Worka App contains elements that could cause serious harm to user devices or data, Google reserves the right to disable the Worka App or remove it from devices on which it has been installed.

19.4 For clarity, in the event of any conflict between these Terms of Use and the Google Play Developer Distribution Agreement, the provisions of the Google Play Developer Distribution Agreement shall prevail to the extent necessary to resolve the conflict.

Thank You for visiting the Platform.