Terms and Conditions

Please read these terms and conditions of use (the “Terms”) carefully before using the platform accessible from our website at www.tcup.co.uk (the “Service”) operated by T-Cup Limited (“T-Cup”, “us”, “we”, or “our”). The Service is a health platform that encourages healthy lifestyle choices and changes which is offered to individuals but may also be offered as a benefit via your employer.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


Who We Are and How To Contact Us

T-Cup is registered in England and Wales under company number 11769537 and we have our registered office at 37 Great Pulteney Street, Bath, England, BA2 4DA.

If you have any questions about these Terms and wish to contact us in general, please email hello@tcup.co.uk.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

If you are accessing the Service as an employee, you have the option to search for and join the employer’s group account on the Service.

You are responsible for safeguarding the username and password that you use to access the Service and for any activities or actions under your username and password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use (as a username): (i) the name of another person or entity; (ii) a name that is not lawfully available for use; (iii) a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation; or (iv) a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us as at hello@tcup.co.uk.

Ownership of Content / Intellectual Property Rights

Subject to the third party content referred to below, we are the owner or the licensee of all intellectual property rights in connection with the Service and on our website, their past, present and future versions; all pages found within the Service and our website; the material and information in the Service and on our website; all graphics, text, images, audio, animation, designs, compilation, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained in the Service and on our website (“Content”).

We are also the owners or the licensee of all trade names, trade marks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not, and the Content and other intellectual property rights are protected by intellectual property laws, including but not limited to, copyright, trade mark, patent, trade secret, international treaties and other proprietary rights and unfair competition laws (the “Intellectual Property Laws”). In using our Service and our website, you acknowledge and agree to abide by all applicable Intellectual Property Laws, as well as any specific notices contained in the Service and on the website. All rights not expressly granted are reserved.

In the information, content and insights we provide in our Service and on our website, we may make reference to third party materials, information, articles, opinions, data and research (“Third Party Content”). We are not the owners of such content but we use all reasonable endeavours to reference the owners or authors of such content. All rights are reserved to the owners and authors of such Third Party Content.

How You May Use the Materials as Part of the Service

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified owners, authors or contributors) as the authors of content in connection with our Service or on our website must always be acknowledged.

You must not use any part of the content in connection with our Service or on our website for commercial purposes without obtaining a licence to do so from us, our licensors or the owners or authors of the Third Party Content.

If you print off, copy or download any part of our Service or our website in breach of these Terms, your right to use the Service and our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do Not Rely on Information in Connection with Our Service and Website

The information, content and insights in connection with our Service and on our website is provided for general information only. Such information, content and insights arenot intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information, content and insights in our Service and on our website.

Furthermore, all information, content, tips, insights and materials in connection with our Service and website are not medical advice, they are for general information purposes only. Any questions about your own personal health must be directed to your GP or any other relevant healthcare professional.

Although we make reasonable efforts to update the information, content and insights in connection with our Service and on our website, we make no representations, warranties or guarantees, whether express or implied, that the information, content and insights in connection with our Service and our website are accurate, complete or up to date.

Uploading Content to Our Service

Whenever you make use of a feature that allows you answer a question or to upload information to our Service you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. You further warrant that you will make reasonable use of the Service, that the information you provide is truthful and honest and that you will not try to deliberately skew or influence the information in a negative manner. This means you will be responsible for any loss or damage we suffer as a result of your breach of the warranties.

With the exception of any aggregated and anonymous information, any information and personal data you upload to our Service will be considered confidential. You retain all of your ownership rights in such content, but you are required to grant us a limited licence to use, store and copy that content. You further grant a licence to us to share your information in an aggregated and anonymous report form with your employer, if you are an employee using the Service via your employer.

We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any information you upload to our Service if, in our opinion, such information does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

You may download reports containing the information you have uploaded to the Service about your performance, which we make available to you in certain file formats.

Uploading Your Content to Social Media Platforms

We offer the functionality for you to upload a summary of your performance (“Your T-Cup”) to the following social media platforms: (i) Facebook; (ii) Twitter; and (iii) Instagram by clicking on a link in our Service. This is an optional function but your post must be made in accordance with our Acceptable Use Policy. Please also be aware that if you post Your T-Cup to any such social media platforms, you will also be subject to their terms and conditions of use and privacy policies.

Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by T-Cup (including, but not limited to, the social media platforms referred to above).

T-Cup has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that T-Cup shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

How We May Use Your Personal Information

We will only use your personal information as set out in our Privacy Policy.

We are Not Responsible for Viruses and You Must Not Introduce Them

We do not guarantee that our Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Service. You should use your own virus protection software.

You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service or website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms (including, but not limited to, a breach of our Acceptable Use Policy.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property rights provisions, warranties, disclaimers, indemnity and limitations of liability.

Indemnity

You agree to defend, indemnify and hold harmless T-Cup and its licensee and licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to legal fees), resulting from or arising out of: i) your use and access of the Service, by you or any person using your account and password, or ii) a breach of these Terms.

Limitation Of Liability

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 and for fraud or fraudulent misrepresentation.

In no event shall T-Cup, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, or consequential loss, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content used, uploaded to or obtained from the Service; (iv) termination of these Terms; and (v) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal principle, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed in its essential purpose.

Please note, we only provide the Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we may, in certain circumstances, repair the damage. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

T-Cup and its licensors do not warrant that: (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Rules About Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact hello@tcup.co.uk.

We May Make Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 5 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

We May Make Changes to the Service and Website

We may update and change our Service from time to time to reflect our users’ needs, our business priorities, for regulatory reasons or for any other reason.

We May Suspend or Withdraw Our Service

We do not guarantee that our Service, or any content in it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Governing Law and Jurisdiction

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

General

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms (and the other documents referred to in these Terms) constitute the entire agreement between us regarding our Service and our website, and supersede and replace any prior agreements we might have between us regarding the Service and our website.

Contact Us

If you have any questions about these Terms, please contact us at: hello@tcup.co.uk.