THE WELLBEING HUB – TERMS AND CONDITIONS
These Terms and Conditions are legally binding. It is your responsibility to read and accept them, prior to purchase of, or access to, The Wellbeing Hub.
Last Updated: November 2020
1.1 These Terms and Conditions apply to the purchase of membership to The Wellbeing Hub and to membership obtained via a school’s contract to deliver The Wellbeing Hub, which is owned and operated by Teen Tips Ltd. Teen Tips Ltd (“Teen Tips” “we” or “us”) is a UK registered company with registration number 10993129 and registered address North Barnes Farmhouse, North Barnes Lane, East Chiltington, East Sussex, BN7 3DU. The Wellbeing Hub is an online portal which gives members access to courses, resources, guidance and advice.
1.2 By purchasing a The Wellbeing Hub membership or by accessing membership via a school’s contract to deliver The Wellbeing Hub membership, you the member (“member/s” or “you”) agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be granted access to The Wellbeing Hub.
1.3 By purchasing a The Wellbeing Hub membership or by accessing membership via a school’s contract to deliver The Wellbeing Hub membership, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
1.4 Teen Tips Ltd and members are herein referred to as ‘parties’ or individually each a ‘party’.
2. PRICE AND PAYMENT
For individual memberships outside of a school contract with Teen Tips Ltd:
2.1 The price of The Wellbeing Hub Membership will be as quoted on the Teen Tips website. Teen Tips Ltd reserves the right to increase the charges at its own discretion with 30 days advance notice to members.
2.2 Payment is by recurring monthly subscription.
2.3 By agreeing to pay a recurring periodic subscription, you agree to pay a recurring charge monthly for the length of time agreed without further authorisation from you and until the membership has been cancelled.
2.4 We reserve the right to cancel the purchase of any member, and withhold their access to our services, for any reason.
2.5 To change your payment method email [email protected]
2.6 Price is inclusive of VAT.
2.7 Payment must be made by direct debit.
3. CANCELLATION AND TERMINATION
For individual memberships outside of a school contract with Teen Tips Ltd:
3.1 Cancellations can be made at any time in your Membership Settings.
3.2 Without affecting any other right or remedy available to it, Teen Tips Ltd may terminate these Terms and Conditions with immediate effect by giving written notice to the member if the member fails to pay any amount due on the due date for payment.
4.1 Failure by us to enforce any of these Terms and Conditions will not prevent us from subsequently relying on, or enforcing, them. Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us will be mainly, but not limited to, electronic communication. We will contact you via e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
4.2 By becoming a The Wellbeing Hub member, you agree that you are happy to receive up-dates and promotions from Teen Tips Ltd and The Wellbeing Hub. You can unsubscribe at any time.
5. DATA PROTECTION
5.1 Both Teen Tips Ltd and members agree to comply with the applicable requirements of the Data Protection Legislation (meaning, the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.). This clause is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this clause, “Applicable Laws” means (for so long as and to the extent that they apply to Teen Tips) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and “Domestic UK Law” means the UK Data Protection Legislation and any other law that applies in the UK.
5.2 During the provision of the membership to the The Wellbeing Hub, it is understood that members may convey sensitive personal data to Teen Tips Ltd, and that Teen Tips Ltd may make a written record of such information for the purpose of providing the Services. The parties acknowledge that for the purposes of the Data Protection Legislation, the member is the controller and Teen Tips is the processor.
1. Without prejudice to the generality of clause 5.1 Teen Tips Ltd shall, in relation to any personal data processed in connection with the performance by Teen Tips Ltd of its obligations under these Terms and Conditions:
a. ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
b. ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
c. not transfer any personal data outside of the European Economic Area unless the prior written consent of the member has been obtained and the following conditions are fulfilled:
i. the member or Teen Tips Ltd has provided appropriate safeguards in relation to the transfer;
ii. the data subject has enforceable rights and effective legal remedies;
iii. Teen Tips Ltd complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
iv. Teen Tips complies with reasonable instructions notified to it in advance by any member with respect to the processing of their own personal data.
d. assist the member in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
e. notify the member without undue delay on becoming aware of a personal data breach;
f. maintain complete and accurate records and information to demonstrate its compliance with this clause and immediately inform the member if, in the opinion of Teen Tips Ltd, an instruction infringes the Data Protection Legislation.
5.4 You consent to Teen Tips Ltd appointing a third party processor of personal data under these Terms and Conditions. Teen Tips Ltd confirms that it has entered or (as the case may be) will enter with the third party processor into a written agreement substantially on that third party’s standard terms of business as between the member and Teen Tips Ltd, Teen Tips Ltd shall remain fully liable for all acts or omissions of any third party processor appointed by it pursuant to this clause.
5.5 Individuals enrolled with a Teen Tips membership may automatically be added to a mailing list to help support their future learning. There is a clear unsubscribe option if individuals wish to opt out at any point.
6. URL LINKS AND COUPON CODES
For memberships granted as part of a school’s contract with Teen Tips Ltd:
6.1 Members accessing the The Wellbeing Hub using a coupon code and URL link are prohibited from sharing the coupon code and URL link with any other individual or organisation, verbally, by email or by any other means of communication.
7.1 All information given to members through the The Wellbeing Hub, whether by email or any other method of written communication or through our website, social media, newsletters, podcasts, email or published videos on YouTube or other platforms does not constitute any form of recommendation, representation, endorsement or arrangement by Teen Tips Ltd and is not intended to be re-lied upon by you in making (or refraining from making) any specific decisions. All information is given only as an opinion and Teen Tips accepts no responsibility for reliance on such information. If we mention other companies, services or products on our website or materials, please note you should always carry out your own research on such companies, services or products.
7.2 In no event will Teen Tips Ltd be liable with respect to any subject matter of these Terms and Conditions under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Teen Tips Ltd. under these Terms and Conditions during the twelve (12) month period prior to the cause of action. Teen Tips Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Teen Tips Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the membership, including but not limited to out of your violation this Terms and Conditions.
Failure by us to enforce any of these Terms and Conditions will not prevent us from subsequently rely-ing on, or enforcing, them.
If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
11. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms and Conditions. We each acknowledge that, in entering into these Terms and Conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
12. ASSIGNMENT AND OTHER DEALINGS
12.1 Teen Tips Ltd may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions.
12.2 The member shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms and Conditions without the prior written consent of Teen Tips Ltd. Memberships are not transferable without the prior written consent of Teen Tips Ltd.
13. THIRD PARTY RIGHTS
13.1 Unless it expressly states otherwise, these Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
13.2 The rights of the parties to rescind or vary these Terms and Conditions are not subject to the consent of any other person.
14. INTELLECTUAL PROPERTY
14.1 Our The Wellbeing Hub contains material, such as worksheets, videos, audio files, text, graphics, images, and other material provided by or on behalf of Teen Tips Ltd. The content may be owned by us or third parties. This content is strictly only for the use of members and may not be shared, disseminated or otherwise released or publicised to any other person or persons other than individuals who are members. The content is protected under both United Kingdom and foreign laws. Unauthorised use of the content may violate copyright, trademark, and other laws.
14.2 Teen Tips Ltd retains all right, title, and interest, including all intellectual property rights, in and to The Wellbeing Hub content. You may not sell, transfer, assign, license, sublicense, or modify any The Wellbeing Hub content or reproduce, display, publicly perform, make a derivative ver-sion of, distribute, or otherwise use The Wellbeing Hub content in any way for any public or commercial purpose. The use or posting of the content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
15. CONTACT US
To contact us for any reason email us at [email protected]
16. LAW AND JURISDICTION
16.1 These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
16.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.