Terms of Service
Last updated October 2020
Welcome to Babble!
This page tells you the terms on which you may use our website (babble.work) (including all landing pages and social media pages) (together, known as the “website”).
Who We Are
We are Premier Employer Solutions Ltd (04316451) with registered address at Unit 1 Pinkers Court, Briarlands Office Park, Rudgeway, Bristol BS35 3QH and are the owners of the website.
The term “the Company” or “us” or “we” refers to the owner of the website. The term “you” refers to the user, purchaser or viewer of our website.
When you purchase our products or services in the course of your business, or furtherance of your trade, you acknowledge and accept that we will treat you as a business customer and any rights and consumer protections deriving under the Consumer Contracts Regulations 2013 do not apply.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website.
Products or Services
We provide an via online hub via our website (“Babble”) for you and your employees to access educational and training content on wellbeing , including but not limited to, posters, webinars, videos etc.
Such access to Babble will be sold to you on a subscription basis for a period as defined below (the “Subscription”). Payments for the Subscription will be collected by us monthly in advance via direct debit and or invoice, as appropriate. In the event that you do not make payment on an invoice, or your direct debit fails, your Subscription shall immediately be terminated.
Please note that no support from us is included in your Subscription, except in the circumstances where due to technical faults you cannot access Babble.
The minimum Subscription term for Babble is for a period of 12 months (the “Initial Term”), which will automatically renew for a further 12 months unless terminated in accordance with the below.
You may terminate your Subscription by giving 30 days’ prior written notice to us before the expiry of the Initial Term.
Use of the Website
You have permission for temporary use of the website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our website, you must make sure that they read these Terms of Service first, and that they follow them.
Only use the website as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
We frequently update the website and make changes to it, but we don’t have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone.
By using the website, you agree to us handling this information and confirm that data you provide is accurate.
You are prohibited from posting or transmitting to or from our website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
(d) which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse our website (including, without limitation, by hacking it).
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this section.
If your use of material on the website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Purchasing online products or services from our website
When you purchase our online products or services in the course of your business, or furtherance of your trade, you acknowledge and accept that we will treat you as a business customer and any rights and consumer protections deriving under the Consumer Contracts Regulations 2013 do not apply.
Liability in relation to purchasing from our website
As noted above, when you purchase from our website as a business customer, your rights differ from when you purchase as a consumer.
References to liability in this section includes every kind of liability arising under or in connection with the contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
We only supply the products for internal use by your business, and you agree not to use the products for any resale purposes.
Nothing in these Terms of Service limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession); or
- any other liability that cannot be limited or excluded by law.
We will under no circumstances be liable to you for:
- any loss of profits, sales, business, or revenue; or
- any indirect or consequential loss.
Subject to the above our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the products or services purchased by you.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the website (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
Once you have purchased your products from our website, you are permitted to download the content for use internally within your organisation only. However, we retain exclusive ownership of all underlying intellectual property in the content provided to you. If we have reason to believe that you are providing (including selling) the content outside your organisation, we reserve the right to cancel your Subscription immediately, and you will not receive a refund.
You acknowledge that you are prohibited from copying, disassembling, reverse decompiling or saving the same, in any manner or any form whatsoever, by any means whether electronic, manual, mechanical, digital, optical, photographic or otherwise any of our intellectual property to pass of as your own for the purpose of redistribution, dealing or reselling of the products or services.
If you breach these Terms of Service, you lose your right to use our website, and must destroy or return any copies of our digital content or products you have made.
Uploading to our Website
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won’t be legally responsible to anybody for the accuracy of material that you upload to the website, and we can remove it at any time.
If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You must not try to get access to our website or server or any connected database or make any ‘attack’ on the website. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.
Links to Our Website
You are allowed to make a legal link to our website’s homepage from your website. We can end this permission at any time.
You must not suggest any endorsement by us or association with us unless we agree in writing.
How We Use Your Personal Data
All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
Links From Our Website
Links from our website to other websites are for information only. We don’t control them and don’t accept responsibility for other websites, or any materials found upon them or any loss you suffer from using them.
We change these Terms of Service from time to time and you must check them for changes because they are binding on you.
Third party rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
These Terms of Service and any non-contractual obligations arising hereunder, shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Please email us at firstname.lastname@example.org to contact us about any issues.