Terms & Conditions

Last updated: 1st November 2023

1. About our terms

1.1. These terms and conditions of use (Terms) explain how you may use this website, all associated web pages and any of its content (Site). These Terms apply between whynow Limited (trading as whynow), a company registered in England and Wales under company registration number 11771567 with its registered office at 34-35, Eastcastle Street, London, United Kingdom, W1W 8DW (we, us or our) and you, the person accessing or using the Site (you or your).

1.2. You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.

1.3. These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information or entertainment purposes only.

1.4. If you would like these Terms in another format, please contact us using the contact details set out below. 

2. About us

2.1. We are whynow Limited (trading as whynow), a company registered in England and Wales under company registration number 11771567. Our registered office is at 34-35, Eastcastle Street, London, United Kingdom, W1W 8DW. Our VAT registration number is GB319984846. Our office address is Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER.

2.2. If you have any questions about the Site, please contact us by sending an email to help@whynow.co.uk.

3. Using the site

3.1. The Site is for your personal use only.

3.2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

3.3. We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

3.4. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.

3.5. As a condition of your use of the Site, you agree not to use the Site: 

3.5.1.    for any purpose that is unlawful under any applicable law or prohibited by these Terms;
3.5.2.    to commit any act of fraud;
3.5.3.    to distribute viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
3.5.4.    for purposes of promoting unsolicited advertising or sending spam;
3.5.5.    to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.5.6.    in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.5.7.    in any manner that harms minors;
3.5.8.    to promote any unlawful activity;
3.5.9.    to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.5.10.    to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site; or
3.5.11.    to attempt to circumvent password or user authentication methods.

3.6. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.

4. Registration and password security

4.1. Use of the Site may require registration, particularly in order to access restricted areas of the Site.

4.2. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.

4.3. You are responsible for making sure that your password and any other account details are kept secure and confidential.

4.4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

4.5. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at https://whynow.co.uk/privacy-policy.

5. Infringing content

5.1. We will use reasonable efforts to:

5.1.1. delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
5.1.2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Terms when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

5.2. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

6. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at https://whynow.co.uk/privacy-policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

7. Ownership, use and intellectual property rights

7.1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.

7.2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

7.3. Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

7.4. Trade marks: ‘whynow’ is our trademark. Other trade marks and trade names may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.

8. Submitting information to the site

8.1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

8.2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

8.3. We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Site.

8.4. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

8.5. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.

8.6. Any Submission you make must comply with our Submission standards set out in clause 9 below.

8.7. By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, and on any other websites operated by us, indefinitely.

9. Submission standards

9.1. Any Submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.

9.2. In particular, any Submission or communication by you must be:

9.2.1. your own original work and lawfully submitted;
9.2.2. factually accurate or your own genuinely held belief;
9.2.3. provided with the necessary consent of any third party;
9.2.4. not defamatory or likely to give rise to an allegation of defamation;
9.2.5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
9.2.6. unlikely to cause offence, embarrassment or annoyance to others.

10. Linking and framing

10.1. You may create a link to our Site from another website without our prior written consent provided no such link:

10.1.1. creates a frame or any other browser or border environment around the content of our Site;
10.1.2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
10.1.3. displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
10.1.4. is placed on a website that itself breaches this Policy.

10.2. We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

11. Breach

We shall apply these Terms in our absolute discretion. In the event of your breach of these Terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions or any other communication to users of our Site by you to law enforcement authorities or take any action we consider necessary to remedy the breach.

12. Accuracy of information and availability of the site

12.1. We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

12.2. We may suspend or terminate access or operation of the Site at any time as we see fit.

12.3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using our Site and its Content.

12.4. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

13. Hyperlinks and third party advertising and sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse the third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on the Site are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Site. 

14. Our responsibility to you

14.1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

14.2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

14.3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

15. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

16. No third party rights

No one other than us or you has any right to enforce any of these Terms.

17. Variation

17.1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 17.

17.2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

18. Complaints

18.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

18.2. The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

18.3. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.