- Important Information
1.1 By registering with us for an Account and clicking to confirm you accept the terms & conditions (Terms and Conditions) and/or continuing to use our Services following our notification of any changes to these Terms & Conditions, you are agreeing to comply with them.
1.2 If you do not agree with the these Terms and Conditions do not proceed with registering an Account and/or continue to use Services and if you have an Account please close or de-active it.
1.3 These Terms & Conditions tell you:
1.3.1 who we are;
1.3.2 the terms on which you may use and we provide the Services;
1.3.3 how changes can be made to the Services and these Terms & Conditions;
1.3.4 how to close Your Account;
1.3.5 what you should do if you have a problem; and
1.3.6 other important information.
- Who we are
2.1 We are The Workers Union operating in England and Wales whose registered office is Union House, 111 New Union Street, Coventry (we, us, our).
- Definitions and Interpretation
3.1 In these Terms & Conditions, the following words and expressions shall have the following meanings:
| Account |
the personal account created in respect of you once you have completed out registration process in order for You to access and use the Services via the Dashboard; |
| Card Details |
has the meaning set out in Condition 4.4; |
| Condition |
a condition of these Terms and Conditions; |
| Dashboard |
the online dashboard located www.theworkersunion.com/member-login/, which is hosted by the Hosting Provider; |
| Data Protection Legislation |
unless and until no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) together with and as implemented and/or amended by the Data Protection Act 2018 and any other regulations and secondary legislation relating to data protection in England and Wales; |
| Documentation |
any information including documents, guidance notes and manuals made available by us available as part of the Services via the Dashboard from time to time; |
| Hosting Provider |
Fasthosts Internet Limited or such other third party we appoint to provide hosting on our behalf; |
| Hosting Provider Terms |
the terms and conditions of the Hosting Provider as may be updated from time to time; |
| Intellectual Property Rights |
any and all copyrights, moral rights, related rights, patents, supplemental protection certificates, petty patents, utility models, trade marks, trade names, service marks, design rights, database rights, website rights, semi-conductor topography rights, domain name rights, rights in undisclosed information or Confidential Information, rights in get up, goodwill or to sue for passing off, unfair completion rights, and other similar intellectual property rights (whether registered or not) and applications for any such rights as may exist anywhere in the world; |
| Legal Advisor |
a solicitor or firm of solicitors that we may introduce to you in response to a request by you for legal advice or assistance; |
| Membership |
has the meaning set out in Condition 4.3; |
| Membership Fee |
the annual fee payable for access to Member Services; |
| Member Services |
those Services that are provided solely to individuals who have a Membership with us. |
| Pre-Existing Issues |
the online dashboard located www.theworkersunion.com/member-login/, which is hosted by the Hosting Provider; |
| Virus |
any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; |
| Year |
a period of 12 months commencing on the date your Membership is granted or anniversary therefore as the case may require; |
| You, your |
the individual registering for the Account; |
| Your Data |
any data in any form, provided by you to us, including any data you upload to the Dashboard; |
| Your Personal Data |
any of your personal data comprised in Your Data. |
3.2 The headings in these Terms & Conditions are for convenience only and shall not affect the interpretation of these Terms & Conditions.
3.3 A reference in these Terms & Conditions to:
3.3.1 a person shall include an individual, company, limited liability partnership, corporate firm, partnership, joint venture, association, trusts or unincorporated bodies and associations (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns;
3.3.2 the singular shall include the plural and vice versa and a reference to one gender shall be a reference to the other gender and matter and vice versa;
3.3.3 a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and such statute or statutory provision shall include any subordinate legalisation made from time to time under that statutory provision;
3.4.4 writing or written excludes fax;
3.5.5 include, including and in particular or anything similar are illustrative only and none of them shall limit the sense of the words preceding or following them and each of them shall be deemed to incorporate the expression without limitation.
- Setting up your Account and Membership to our Services
4.1 These Terms & Conditions will come into effect at the time you click the “Join Now” button (Start Date) and will continue until your Account is deactivated in accordance with Condition 15. Once you have submitted the completed registration form, we will send you an email which may confirm activation of your Account or, require you to activate your Account by following the link set out in our email.
4.2 By signing up to an Account you are warranting that:
4.2.1 you are legally capable of entering into a contract with us; and
4.2.2 you are at least 18 years old.
4.3 You will not be charged for registering for an Account with us. The Membership Fee will become due when you request to upgrade your Account and become a member and we accept such upgrade request and grant you membership to our Members Services (Membership).
4.4 You are responsible for providing valid credit or debit card details (Card Details) to us and keeping your Card Details updated so that your Membership can be set up and Membership Fees collected from you in accordance with Condition 4.7. Your Card Details can be updated by you at any time by altering the Card Details stored within the Account settings.
4.5 Your Membership and access to Member Services will not be granted until we have received payment of the Membership Fee in full.
4.6 Your Membership will be for an initial fixed period of 12 months commencing on the date we receive payment of the Membership Fee Date. Upon the expiry of the Initial Period, your Membership will automatically renew and continue on an annual rolling basis, unless you deactivate the automatic renewal setting within your account [in accordance with Condition 15].
4.7 The Membership Fee which includes VAT, will be the price displayed within the Dashboard and will be automatically collected using the Card Details on or around the date we accept your request to upgrade your Account and on or around each anniversary thereof until your Membership is cancelled. We will aim to provide you with 7 days’ notice before we take payment using your Card Details.
4.8 If your Card Details change or expire, and you have not provided new valid card details in time for us to take payment of any Membership Fees due, you Membership will automatically expire and you will no longer be able to access or use the Members Services.
- Using our Services
5.1 You agree to:
5.1.1 notify us of any Pre-Existing Issues by ticking the Pre-Existing Issues box and providing such information as we reasonably require in relation to the Pre-Existing Issues, when registering for an Account and keep us informed of any Pre-Existing Issues which may arise during your Membership for which you are seeking the Services;
5.1.2 use the Services in accordance with these Terms & Conditions;
5.1.3 keep a secure password for your access to and use of the Dashboard; and
5.1.4 do all you can to prevent any unauthorised access to, or use of, the Services and, if you become aware of any such unauthorised access or use, you will promptly notify us.
5.2 You must be 18 or over to register for an Account and accept these Terms & Conditions.
5.3 In return for you agreeing to comply with these Terms & Conditions, we grant you a limited, revocable, non-exclusive, non-transferrable and non-sub-licensable licence to use the Services for your personal non-commercial use only.
5.4 You acknowledge that where you have a Pre-Existing Issue, we will review your circumstances and may at our absolute discretion refuse to provide any of the Services, refuse to upgrade you to a Membership and/or cancel your Membership, where we have granted you Membership but then become aware of Pre-Existing Issues. In the event that we refuse to grant an upgrade to a Membership and you have paid the Membership Fee for such Membership, we will refund you the Membership Fee paid to us.
5.5 As part of the Member Services, we may provide access to Legal Advisors who are prepared to offer up to 60 minutes of legal advice and assistance without further charge to you. Any legal services (whether provided on a free or paid for basis) will be subject to the Legal Adviser’s standard terms and conditions.
5.6 You acknowledge and agree that where you have a Pre-Existing Issue which you have notified to us and we have agreed to grant you Membership you do not have the right to and therefore shall not access and use any free legal advice provided by a Legal Advisor as part of the Member Services in respect of the Pre-Existing Issue.
- Usage Restrictions
6.1 You agree that you will not:
6.1.1 distribute, sub-license, sell, rent, lease, loan, provide or otherwise make available the Dashboard our Services in any form, in whole or party to any person without our prior written consent;
6.1.2 copy the Dashboard or the Documentation, except as part of the normal use of our Services, or, where it is strictly necessary for the purpose of back up or operational security;
6.1.3 translate, merge, adapt, vary, alter, modify or otherwise deal in or encumber the whole or any part of the Services, Dashboard or the Documentation or permit them to be combined with, or become incorporated in, any other programs except as necessary to use the Services on your device(s) as permitted by these Terms & Conditions;
6.1.4 disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, Dashboard or the Documentation nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Services with another software program (Permitted Objective), and provided that the information obtained by you during activities:
(a) is not unnecessarily disclosed or communicated to any third party without our prior written consent;
(b) is not used to create any software which is substantially similar to the Dashboard and/or our Services;
(c) is kept secure;
(d) is used only for the Permitted Objective;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Dashboard or any Service;
6.1.5 access or use the Dashboard, the Documentation and/or our Services in order to provide services to third parties or attempt to obtain, or assist third parties in obtaining, access to Dashboard and/or our Services.
6.1.6 not use the Dashboard or our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms & Conditions, or act fraudulently, dishonestly or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Dashboard or our Services;
6.1.7 not infringe our intellectual property rights or those of any third party (including our users) in relation to your use of the Dashboard or our Services, including by the submission of any material (to the extent that such use is not licensed by these Terms & Conditions);
6.1.8 ensure that any information and materials submitted by you in respect of your Account or pursuant to your use of the Dashboard and/or our other Services are accurate, complete and not misleading (in each case, in all material respects);
6.1.9 not transmit any material that is defamatory, slanderous, insensitive, offensive or otherwise objectionable in relation to your use of the Dashboard and/or our Services;
6.1.10 not use the Dashboard and/or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with or cause harm to other users; and
6.1.11 not collect or harvest any information or data from the Dashboard or our Services or systems or attempt to decipher any transmissions to or from the servers running our Services.
6.1.12 access or use the Dashboard and/or our Services in breach of the Hosting Provider Terms.
6.2 The Dashboard is hosted by the Hosting Provider and therefore the Services are also provided subject to the Hosting Provider Terms, which You agree to comply with in addition to these Terms & Conditions.
- Updates
7.1 We may amend or update these Terms & Conditions from time to time to reflect changes in relevant laws, regulatory requirements, best practice or to deal with additional features which we may introduce to our Services. We will notify you by email that our Terms & Conditions have been updated and will aim to give you reasonable notice of any changes. You are responsible for reviewing these Terms & Conditions and ensuring you understand the basis upon which we provide our Services to you, therefore please check them regularly.
7.2 By continuing to use the Dashboard and/or the Services following our notice of any update to these Terms & Conditions, you agree to such update and to comply with these Terms & Conditions as updated or amended. If you do not agree to such update then please do not continue to use the Dashboard, access your Account and/or the Services and take the steps set out in Condition 15 to deactivate your Account.
7.3 We may change the Services and/or update the Dashboard, either automatically or otherwise:
7.3.1 to reflect changes in relevant laws and regulatory requirements;
7.3.2 to implement minor technical adjustments or improvements including to improve performance, enhance functionality or reflect changes to the operating systems or to address security issues.
7.4 We may make suspend or discontinue the Services (including any of the Member Services) at any time but if we intend to do so, we will notify you and you may contact us where the Services to be discontinued are the Members Services and you may end your Membership before the changes take effect and receive a refund of the Membership Fee paid those Member Services paid for but not [received][accessed].
7.5 Where updates are not automatically installed, and you choose not to install them or if you opted out of automatic updates you may not be able use all or parts of the Dashboard and/or our Services.
- Our Services, Documentation and Third Party Services and Websites
8.1 Our Services and in particular the Documentation are provided as a tool to aid you and for general information purposes only and do not amount to any legal or other specific advice on which you should rely. Any reliance you place on the Documentation is at your own risk and we make no warranties, representations or guarantees whether express or implied that the information and displayed by the Dashboard or the Documentation and/or our Services is accurate, complete or up to date, or, appropriateness to your personal circumstances.
8.2 Our Services may contain links to other independent websites and/or services which are not provided by us such as Legal Advisors. Such independent sites and services are not under our control, and we are not responsible for such sites, services or their availability and we have not checked and approved their content or privacy policies (if any).
8.3 You accept that your use and access to such third party websites and/or services will be subject to that third party’s (and other persons) terms and conditions and you agree to use any third party websites and services (including those of any Legal Advisors we may refer you to) in accordance with that third party suppliers’ standard terms and conditions.
- Data Processing and Privacy
9.1 You shall own all right, title and interest in and to all of Your Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data..
9.2 Under Data Protection Legislation, we are required to provide certain information about who we are, how we process personal data and for what purposes and individuals rights in relation to their personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read this.
9.3 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Dashboard or our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
9.4 By registering for an Account, using the Dashboard and/or using our Services, you agree to us collecting and using technical information about your devices and your use of our Services to improve our Services and to provide our Services to you.
- Limitations to the Services
10.1 You acknowledge that:
10.1.1 Theworkersunion.com is an online service provider offering the Services in the ordinary course of business and is not a recognised trade union under Trade Union and Labour Relations (Consolidation) Act 1992;
10.1.2 the Dashboard and Services:
(a) are provided on an “AS IS” and “AS AVAILABLE” basis only:
(b) have not been developed to meet your individual requirements. You should check that our Services meet your requirements;
(c) may not be error, fault, virus or bug free or free from malicious code or compatible with any third-party software or equipment; and
(d) may be subject to limitations, user parameters, delays and other problems inherent in the use of the Dashboard and/or our Services;
10.1.3 we are not responsible for any legal advice provided to you by a Legal Advisor or for any other services provide by a Legal Advisor to you;
10.1.4 we do not back up Your Data. Your Data may be backed up by the Hosting Provider but we shall be under no obligation to require the Hosting Provider undertakes backups of Your Data
10.2 You agree that you are responsible for:
10.2.1 your use of the Dashboard, your Account and/or our Services;
10.2.2 your hardware, content and any other data you upload through the Dashboard, the Services and/or your Account.
10.3 We may have to suspend your use of the Dashboard, your Account, and/or the Services to:
10.3.1 deal with technical problems, make technical changes or for maintenance;
10.3.2 update the Dashboard, your Account and/or our Services to reflect changes in relevant laws and regulatory requirements.
10.4 Subject to the express terms set out in these Terms & Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by English law, excluded from these Terms. This Condition 10.4 shall not apply in respect of your rights under the Consumer Rights Act 2015.
- Refunds
11.1 We are under a legal duty to supply the Member Services in conformity with these Terms and Conditions. See the box below for a summary of your key legal rights. Nothing in these Terms and Conditions will affect your legal rights.
| Summary of your key legal rights |
| This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. |
| a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: |
| b) If your digital content is faulty, you’re entitled to a repair or a replacement. |
| c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. |
| d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. |
11.2 Should you pay the Membership Fee and then change your mind, you have 14 days from the date your Membership is granted to cancel the Member Services and receive a refund of the Membership Fee, however once you have accessed the Member Services (even if this is during such 14 day period) you are not entitled to a refund of any of the Membership Fee you have paid.
11.3 Should you have any comments or complaints about the Services, please inform us via the complaints page.
- Intellectual Property Rights
All intellectual property rights in the Dashboard, your Account, our Services and Documentation throughout the world belong to us (or our licensors) and you are granted a limited right to use the same solely for the purpose of using your Account, the Documentation and/or the Services in accordance with these Terms. These rights are licensed and not sold to you. You have no intellectual property rights in, or to, the Dashboard, your Account, our Services and Documentation.
- Our Liability to You
13.1 These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Dashboard, your Account, the Documentation and our Services and your use of the same.
13.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms & Conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
13.4 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update or for damage that was caused by you failing to correctly follow installation or account operation instructions or to have in place the minimum system requirements advised by us, or appropriate and up-to-date anti-virus software.
13.5 We are not liable for business losses. The Dashboard, your Account, the Documentation and our Services are for domestic and private use by you. If you use the Dashboard, your Account, the Documentation and/or our Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.6 If your use of the Dashboard, your Account, the Documentation and/or our Services is delayed by an event outside our control then we will use reasonable endeavours to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
13.7 We recommend that you back up any content and data used in connection with the Dashboard, your Account, the Documentation and/or Services and to protect yourself in case of problems with the Dashboard, your Account and/or the Services.
13.8 We shall have no liability to You for any legal advice You may receive from a Legal Advisor.
- Restricting your access to the Services
14.1 We may (at our discretion) deactivate or suspend (for such time as we may consider appropriate) your Account and/or access to all/or part of the Dashboard and our Services (including Member Services) at any time if:
14.1.1 you fail to comply with the Usage Restrictions set out in Condition 6;
14.1.2 you breach any other term of these Terms & Conditions in a serious way (and if such breach rectified, you fail to rectify the breach when given a reasonable opportunity to do so);
14.1.3 you fail to pay Membership Fee due to us until payment is made in full.
14.2 We may also suspend an Account and the Services:
14.2.1 to deal with technical problems, make technical changes or for maintenance;
14.2.2 to update the Dashboard and/or Services to reflect changes in relevant laws and regulatory requirements.
- Closing your Account
15.1 You can close your Account by adjusting the relevant settings within the Account.
15.2 On the deactivation of your Account under Condition 14 or Condition 15:
15.2.1 all rights granted to You under these Terms & Conditions shall immediately cease;
15.2.2 you must stop all activities authorised by these Terms & Conditions, including your use of the Dashboard and the Services and you will no longer be able to use the Services.
15.3 Deactivation and closure of an Account shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date the Account was closed, including the right to claim damages in respect of any breach of these Terms & Conditions which existed at or before the date of termination and any provision of these Terms & Conditions that expressly or by implication is intended to come into or continue in force on or after closure of the Account shall remain in full force and effect.
- General
16.1 Events outside our control. We shall not be deemed to be in breach of these Terms & Conditions or otherwise liable to You in any manner whatsoever for any failure or delay in performing our obligations under these Terms & Conditions due to any event or circumstance beyond our reasonable control, or which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable;
16.2 Assignment. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing
16.3 Entire Agreement. These Terms & Conditions and any documents expressly referred to in them contains the entire agreement between you and us and supersede and extinguishes any previous agreement, understanding, assurances, promises, warranties and representations between us ( whether written or oral) relating to the subject matter of these Terms & Conditions. You agree that you shall have no remedies in respect of any statement, representation, assurance, promise or warranty (whether made innocently or negligently) that is not set out in these Terms.
16.4 Third Party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its provisions.
16.5 Waiver Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Severance. Each of the Conditions and sub-Conditions of these Terms & Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining Conditions and sub-Conditions will remain in full force and effect.
- Notices
17.1 If we are providing notice to You, we shall send such notice to the email address registered to Your Account. If You are providing notice to us, in connection with these Terms & Conditions it shall be sent to us via Your Account.
17.2 Any notice shall be deemed to have been received the next working day.
17.3 This Condition 17 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
- Applicable Law
18.1 These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the English law.
18.2 You can bring proceedings in the English Courts or the:
18.2.1 Scottish Courts if you live in Scotland; or
18.2.2 Northern Irish Courts if you live in Northern Ireland.
