Terms of Use

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 “
• 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 “

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.