Terms and Conditions

Introduction

These terms and conditions (“Terms”) explain the basis upon which we contract with you to licence to you the right to access and use our digital wellbeing solution (“Wraw Platform") via our website and app. Please read the following Terms, as you must agree to them to proceed.

The Wraw Platform has been built by The Wellbeing Project (Europe) Ltd ("TWP", "us", "our” and "we"). It is protected by copyright. For the purposes of these Terms the term “Wraw Platform” is taken to refer to the Wraw Platform, Wraw HQ and the Wraw Practitioner Platform.

Please note that while we have developed our Wraw Platform with our expert team of business psychologists, all content and information on our Wraw Platform (“Content”) is provided for general information purposes only and should not be treated as a substitute for the medical advice of your own doctor or any other health care professional. TWP uses its best efforts to ensure the accuracy and reliability of all information provided via the Wraw Platform. However, no guarantees are made and TWP does not accept any liability for the accuracy of Content on the Wraw Platform. Users who rely on this information do so at their own risk

By using the Wraw Platform, you agree to be bound by these Terms and this Licence. Upon accepting these Terms, you have entered into a contract with TWP.

Always consult your own GP if you are in any way concerned about your health. You should always promptly consult a doctor on all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.

IMPORTANT NOTICE:

In order to use the Wraw Platform and access its Content; you will need to register an account. By registering an account, you accept these Terms.

To request a copy of the Terms via email please click here.

Details of how we use your personal information is set out in our Privacy Policy available at  https://wrawindex.com/privacy-policy

These terms cover:

Your legal rights and responsibilities.
Our legal rights and responsibilities; and
Certain key information required by law.

These Terms contain the following sections:

Wraw Terms and Conditions
Who we are and contact details
About the Wraw Platform
Licence for Use
Free Content, Subscription Content and Payment
What happens if your Employer is paying?
Ownership of Intellectual Property
Guarantees, Loss and Damage
Personal Information and Data Protection
Term and Termination
Other important terms

The following definitions will be used throughout these Terms:

“Add-Ons” means those additional features listed on the Wraw Platform capable of being purchased on an individual basis by you or your employer and added to your Licence.

"Free Content" means any features/content on the Wraw Platform that we provide free of charge as described in more detail at Section 4.

“Licence(s)” means the non-exclusive, revocable, non-transferable and limited licences granted by TWP to you for the use of the Wraw Platform and inclusive of any Add-Ons that may have been purchased under the Licence;

"Subscription Content" means any subscription we provide that incurs a charge as described in more detail at Section 4.

“Wraw HQ” the user interface which enables users approved by TWP to manage their users Licence permissions and any Add-Ons.

“Wraw Practitioner Platform” means the user interface which enables users approved by TWP to set up, edit and manage projects.

"Wraw Programme" means the group of solutions offered by TWP to deliver benefits of wellbeing and resilience to an organisation and its employees.

1. Who we are and contact details

Who we are

The Wellbeing Project (Europe) Ltd is a company registered in England under company number 06052302. Our registered office is Ramsbury House, 1B Charnham Lane, Hungerford, Berkshire RG17 0EY, United Kingdom. Our VAT number is 939433985.

How to contact us.

You can contact us by writing to us at support@wrawindex.com

How we contact you

We will write to you, or your employer, at the email address you provide to us for your account.

2. About the Wraw Platform

Description

The Wraw Platform requires a mobile telephone, tablet or computer related device with an operating system capable of downloading and storing our app. Alternatively, access is available through your web browser.
From time to time we may automatically update the Wraw Platform to improve performance, enhance functionality, reflect changes to the operating system, or address security or legal issues in respect of both Free Content and Subscription Content.
If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to take advantage of the latest features.

What does the Wraw Platform do?

The Wraw Platform is a fully integrated wellbeing solution for building truly resilient organisations. The Wraw Platform contains personalised wellbeing and learning content for employees, leaders and organisations, consisting of tools to help educate and equip people with the skills to develop their own and their team’s wellbeing and resilience.
At the heart of the Wraw Programme are The 5 Pillars of Resilience which give a holistic overview of physical, psychological and social wellbeing. This enables employees to develop the habits of resilience that make a tangible difference.
Robust data is provided on employee wellbeing through various analytics, powered by a leading-edge psychometric tool which drills down into employee resilience and wellbeing.
It provides a collection of innovative and interactive tools and resources, including self-assessment, mood mapping, video webinars, audio podcasts and learning bites. These will aim to benefit you by:

helping you to better understand your mood
helping you to notice patterns in your mood and become more self-aware
providing tools to develop your wellbeing
equipping you with skills and strategies to develop your resilience

What does the Wraw Platform not do?

While we have put the Content of the Wraw Platform together with our expert team of business psychologists, the Wraw Platform does not constitute a medical device, nor does any of its Content provide medical advice. Only a doctor, or qualified health or medical practitioner can provide such advice.
The Content within the Wraw Platform does not provide treatment, or replace treatment provided by a health and/or mental health professional, nor does it diagnose you in relation to any medical condition. It is a general-purpose health information service, which has not been tailored to any individual’s health needs.
While the Content on the Wraw Platform contains self-help information, TWP makes no promises and provides no warranties that use of the Wraw Platform will provide a therapeutic benefit for its users. Nor do we make any statements, representations, or promises about the completeness, or suitability of any of the Content, or the functionality of the Wraw Platform.
If you have, or believe you may have a medical condition you must seek proper medical advice from a practitioner who is qualified to help you.
If you have, or believe you may have, a serious mental health condition, or you are at risk of harming yourself or another person, you should not use (or continue to use) the Wraw Platform. You should seek urgent medical advice from your medical practitioner, a mental health care professional, an emergency department of a hospital or, if in immediate danger, you should call the emergency services.

User Account and Passwords

To use the Wraw Platform you will need to register with us and create an account. To do this, we will ask you to provide us with your email address. You will be asked to choose a password and to tick an acceptance to these Terms. Once we have verified your email address, you will be notified that your account has been successfully activated and at that point there will be a legally binding contract between the parties, which incorporates these Terms. Details of how we use your personal information provided to us is set out in our Privacy Policy available at https://wrawindex.com/privacy-policy.
You can access the Wraw Platform by using a password. You should also keep any email address you enter secure, as that email address will be used for password resets.
If you are worried that your password is no longer secure, please reset your password. This can be done from either the app, or the website via the ‘forgot password’ link on the login page.
If you wish to delete your account at any time you can do so by emailing us at support@wrawindex.com.

3. License for Use

Subject to the Terms we grant to you a personal Licence to use the Wraw Platform.
Our permission for you to use the Wraw Platform is subject to the following restrictions:

You may not commercially exploit the Wraw Platform, or any of its Content, in any way: for instance by selling, licensing or renting it to someone else;
You will not copy or reproduce the Wraw Platform or any of its Content in order to build a competitive website for any other purpose;
You will not translate, merge, adapt, vary, alter or modify the whole or any part of the Wraw Platform nor permit it to be combined with, or become incorporated in, any other programmes;
You will not disassemble, de-compile, reverse engineer, or create derivative works based on the whole or any part of the Wraw Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;
You must not use the Wraw Platform in any unlawful manner, for any unlawful purpose; and
You must not infringe our intellectual property rights or those of any third party in relation to your use of the Wraw Platform.
TWP reserves the right at any time to modify, suspend or discontinue the Wraw Platform (in whole or part). We may do this with or without notice to you. You agree that TWP will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Wraw Platform or any part thereof.

If a fault occurs on the Wraw Platform, please report it to us at support@wrawindex.com and we will review your complaint. Where we determine it is appropriate to do so we will attempt to correct the fault. If the need arises, we may suspend access to the Wraw Platform while we address the fault. We will not be liable to you if the Wraw Platform is unavailable for the period of time it takes to fix or attempt to fix such fault. Your access to the Wraw Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new developments or services.

4. Free Content, Subscription Content and Payment

Free Content: once you have completed the registration process on the Wraw Platform, you will have access to some selected free features within the Wraw Platform. These features will vary from time to time and will be clear on the Wraw Platform itself. We reserve the right to withdraw your access to Free Content at any time.
Subscription Content: aside from the Free Content on the Wraw Platform, the rest of the Content is available on a subscription basis as Add-Ons. Once purchased, an Add-On is incorporated into your Licence and is subject to these Terms unless and until (i) the Licence is terminated or (ii) annual payment for that Add-On is not renewed. The process for buying a subscription from us is as follows: Please contact your HR or Wellbeing Manager for information or contact us on info@thewellbeingproject.co.uk

5. What happens if your Employer is paying?

If your employer is paying for your use of the Wraw Platform then you will not need to pay us, or provide payment and the provisions about payment and renewals will not apply.
We will agree a process with your employer for making access available to you, and your right to use the Wraw Platform will be modified by a separate agreement between us and your employer.

6. Ownership of Intellectual Property

All intellectual property rights in the Wraw Platform and its Content belong to us and those rights are licenced to you under these Terms.
You have no intellectual property rights in, or to, the Wraw Platform or its Content other than the right to use them in accordance with these Terms.
All (i) trademarks, logs and service marks (“Marks”) displayed on the Wraw Platform, and (ii) utility models (including mood map, pressure performance curve etc) (“Models") are our property. You are not permitted to use these Marks or Models without our prior written consent.

7. Guarantees, Loss and Damage

When we supply any paid for Subscription Content:

we will provide the Content with due care, skill and diligence and use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content, and is fit for the purpose as specified;
we do not guarantee that it is compatible with any software, equipment or device (except where we have specifically said that it is in the guide to its use or on our website or on the applicable App store); and
you acknowledge that there may be minor errors or bugs in it.

To help avoid faults in any Content (whether Free Content or Subscription Content), you must:

install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;
use the Wraw Platform only on the recommended software, equipment or device set out in the guide to its use or on our website or on the applicable App or Play store.

We are not responsible for any loss or damage incurred as a result of using the Wraw Platform in a way for which it is not intended.
We give no representations, warranties or guarantees (either express or implied) that the Content is accurate, complete or up to date. We will update and maintain the Content on the Wraw Platform as we deem necessary from time to time.
We do not exclude or limit 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 breach of your legal rights in relation to the use of the Wraw Platform.
There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of using the Wraw Platform.
We are not responsible for events outside our control. If our provision of the Wraw Platform ceases or is delayed by an event outside our reasonable control then we will take steps to minimise the effect of the cessation or delay.

8. Personal Information and Data Protection

We will comply with all UK Data Protection requirements.
We have set out in detail in our Privacy Policy how we approach issues of data compliance. The policy, which is updated from time to time, deals with the following: its purpose; what sort of data we hold and collect; how we collect and use user personal data; the legal basis upon which we process data; how data is stored; how we protect it; how we deal with data breaches (if any); how long we keep user personal data for; marketing; where data may be processed; what rights you have in user personal data; how you exercise those rights; how you get us to stop using, or keeping your user personal data; changes to our privacy policy; TWP’s policy on cookies relevant to its website and how to contact the regulator to make a complaint.
The Privacy Policy can be found at: https://wrawindex.com/privacy-policy.

9. Term and Termination

The Terms will remain in full force and effect while you are permitted to use the Wraw Platform.
You may deactivate your account at any time by emailing a request to support@wrawindex.com, after which you are obliged to delete the Wraw Platform app completely from all devices.
You may end your subscription for Subscription Content by failing to renew it.
We may suspend or terminate your Licence to use the Wraw Platform and any Content on it at any time for any reason at our sole discretion including for any serious breach of any of these Terms. Further reasons for termination may include, but are not limited to:

if we are subject to any laws or regulations which require us to end your use of the Wraw Platform; or
if we have security concerns in relation to your use of the Wraw Platform.

You acknowledge that damages may not be an adequate remedy for us in the event that you breach clause 3 of these Terms, and that we would be entitled to seek injunctive relief and any other equitable remedies with respect to such breach.
If we choose to close your account for any reason that does not involve your breach of these Terms, then we will refund to you or your employer any subscription charges already paid for the period after termination, on a pro-rata basis.
Upon termination of your Licence we will, within 60 days of termination, delete all personal information you have loaded into the Wraw Platform including all your data (save for anonymised data used in analytical reports).
The Licence terminates automatically upon the termination of any contract for services and materials existing between the parties, or between TWP and your employer.

10. Other important terms.

Your use of the Wraw Platform and in particular the app is also governed by Apple and Android store Terms and Conditions for the jurisdiction in which you reside.
If you have any questions or complaints, please contact us. You can write to us at support@wrawindex.com.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you by email if this happens and we will ensure that the transfer will not affect your rights under this Licence.
This Licence is between you and TWP. No other person shall have any rights to enforce any of its terms. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.
If a court finds part of this Licence illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.
No failure or delay by us in exercising any of our rights under this Licence shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of this Licence shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
These Terms are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction in relation to any dispute arising under this Licence.

Copyright/Trademark Information: Copyright © 2023 The Wellbeing Project (Europe) Ltd. All rights reserved.