Acceptable Use Policy

HARKN ACCEPTABLE USE POLICY

Harkn is a trading name of Happiness Lab Limited; a company registered in England & Wales under registration number 7159084, whose registered office is at 3 Sandpool Farm, Oaksey Road, Cirencester, GL7 6EA ("Harkn", “we” or “us”) provides the Harkn platform (the “Platform”) to you and your organisation, subject to these terms of use, the Acceptable Use Policy (the "Policy") and subject to the Harkn Privacy Policy.

Please note that Harkn is intended for use by organisations. This means that if you are using our service in a workplace or on a device/account issued to you by your organisation, they may have their own policies regarding acceptable behaviour and use of technology in the workplace, and your use of this service should comply with these policies.

In addition to your organisation’s policies, we have created the following policy to help ensure the responsible use of Harkn. The Policy constitutes a legal agreement between you and Harkn and governs all use of the Platform, including all content (including content posted by users), information, and services provided on or through the Platform.

Access to and use of any other site, product or service, including those referenced in this Policy or linked to from the Platform which is provided by Harkn or its affiliates, are governed by the terms of the license or subscription agreement or other agreement with us or any third party related to that service, product or site.

This Policy is intended to protect the interests of users of the Platform and the interests of Harkn. By accessing and using the Platform, you agree and acknowledge that you have read, understood, and agreed to be bound by this Policy.

Harkn may update this Policy at any time, with or without giving you prior notice to you and other users. You can find the most recent version of the Policy on this website.

Each time you access the Platform, you agree to be bound by the Policy then in effect. We may revise this Policy at any time. You agree to review the Policy regularly and take notice of any changes we may make, as they are legally binding on you. If you do not agree to this Policy, please do not use this Platform. We recommend that you print a copy of these terms for future reference.

 

1. Purpose of the Platform 
   1. The purpose of the Platform is to create an interactive, online community for users of Harkn to connect, share thoughts, feelings, collaborate and provide peer to peer support within your organisation. By accessing this Platform, you can post questions, ideas, feeling, answers, comments, or, in general, share information.
   2. In these Platform Terms, the term “Content” refers to any information, materials, services and content available in the Platform whether provided by us or by any user and “User Content” refers to any information, including personal and business profile data, messages, comments, data, text, photos, blogs, graphics or other materials posted in or uploaded to the Platform by any user.
   3. Please remember that any User Content you disclose in the Platform may be visible to all community members.
   4. Since User Content may be seen by all members of the Platform, you should exercise caution to ensure that you do not disclose information that might be considered private or confidential or that may infringe any third party proprietary rights when using the Platform. Further information about the standards that apply to User Content is set out in paragraph 4 below.
   5. The Platform is within your organisation. Therefore, if an organisation operates on an international scale, the Platform will allow users to connect across the globe. If you are using the Platform from outside the United Kingdom, the Content available to you via the Platform may not be relevant or appropriate for you in the country or jurisdiction in which you are based. The use of any Content is at the users’ own risk.
2. Right to use the Platform
   1. By making this Platform available to users of Harkn, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use of the Content made available in the Platform, strictly subject to and in accordance with this Policy.
   2. We reserve the right to withdraw your right to use the Platform at any time and for any reason, with or without prior notice being given to you. Further details of the actions we may take if you fail to comply with this Policy are set out in paragraph 13 (Breach of the Policy and Consequences) below.
   3. Harkn has no obligation to store and may remove or delete any Content (including any User Content posted or uploaded by you) from the public forums which form part of the Platform for any reason, at any time and without notice to you or any other users if it is in breach of this Policy. You are solely responsible for security and backing up any User Content you own and post or upload to the Platform, whether in the public forums or privately or in private groups.
3. Acceptable Usage of the Platform
   1. By accessing, browsing, or using the Platform, you agree to the following:
      • you will comply with all applicable laws and regulations;
      • you will comply with your organisation’s internal HR and privacy policies;
      • you will not use the Platform in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems;
      • you will not interfere with any other party's use and enjoyment of this Platform or the Content made available in or via the Platform;
      • you will not attempt to gain unauthorised access to any services, accounts, computer systems or networks connected to any server used for this Platform through password mining, hacking, or any other means;
      • you will not seek to ascertain the identity of other users and will respect privacy and anonymity. Harkn is not responsible for what Users share within the Platform.
      • you will not seek to gain access to any materials or information through any means not intentionally made available by Harkn;
      • you will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this Platform or any Content except as permitted in connection with the intended purpose;
      • you will not make any use of any trademarks, service marks, trade names, logos, and graphics of Harkn, without our prior written consent;
      • you will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of any feature or component of the Platform or extract information about usage, individual identities, or users;
      • you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Platform without our prior written consent; and
      • you will not collect any email addresses made available on this site for purposes of promotions or marketing campaigns.
   2. You further agree that in using the Platform and submitting any User Content, you will comply with the content standards set out in paragraph 4 below.
4. Submission of User Content to the Platform and Content Standards
   1. The Platform allows users to post User Content (as defined in paragraph 1.2 above) which may be seen by all members of the Platform unless it is posted privately. You are solely responsible for your use of the Platform and any User Content posted or made available by you. You are also solely responsible for the use you make use of any Content (including any User Content posted by other users): any such use is at your own risk.
   2. Where you post User Content, you should ensure that:
      • it is accurate (where it states or contains facts);
      • where it contains opinions, those opinions are genuinely held;
      • it is relevant or appropriate within the context within which it is posted;
      • you have the right to post it on the Platform (see paragraph 5 below); and
      • it complies with the applicable laws in England and Wales and in any country from which it is posted or uploaded.
   3. By using the Platform, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish in the Platform any User Content which:
      • is defamatory, obscene, offensive, hateful or inflammatory or is likely to harass, embarrass, alarm or annoy any other person, or does or is likely to breach any of your organisation’s policies and procedures;
      • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • discloses the name, address, telephone, mobile, fax number, e-mail address or any other personal data in respect of any individual in the public forum;
      • infringes the intellectual property or proprietary rights of any other person
      • breaches any legal duty owed to a third party, such as a contractual duty or duty of confidence;
      • is posted to impersonate any person or misrepresent your identity or affiliation with any person or gives the impression that the User Content emanates from Harkn or any other person if this is not the case;
      • is false, misleading or fraudulent or is in contempt of court;
      • advocates, promotes or incites or may incite any third party to commit or assist any unlawful or criminal act or which is likely to be understood as a direct or indirect encouragement or inducement to the commission, preparation or instigation of any act of terrorism or other offence;
      • contains viruses, chain mails, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
      • includes a security breach or network security risk;
      • contains details of your password or account;
      • contains any advertising or marketing material, or political campaigning or spam; or
      • in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the Platform or which may expose us or users of the Platform to any harm or liability of any type.
   4. We may moderate the User Content posted or uploaded to the Platform for compliance with this Policy, but we do not routinely do so. We do not act as editors or represent the accuracy of any User Content. Comments and opinions submitted to the Platform are those of the individual users. We are under no obligation to you or any other person to oversee, verify, monitor, or moderate the Platform. If we do moderate the Platform, we may stop doing this at any time. We reserve the right to remove or disable access to any User Content that we deem to be in breach of this Policy at any time, without giving you any prior notice.
   5. If you have problems with someone’s behaviour over the Platform, please contact your company administrator.
   6. You own all of the information you post on the Platform (subject to any confidentiality or intellectual property terms that exist between you and your employer). To the extent any information you post is covered by intellectual property rights ("IP content"), you give Harkn permission to use such IP content in connection with the Platform. Harkn will be under no obligation to remove or edit the information you post on the Platform.
   7. Harkn takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage to it or arising from it, nor are we liable for any User Content which is not in accordance with the Content Standards set out paragraph 4.2 and 4.3 above.
   8. Your organisation will be responsible for all compliance obligations with respect to material sent via the Platform (except to the extent where your organisation has contacted Harkn to manage logging and archiving of such material).
   9. Any use of the Platform in breach of this Policy may result in termination or suspension of your right to use the Platform as described in paragraph 13 (Breach of the Policy and Consequences) below.
   10. If you wish to complain about any User Content or use of the Platform, please email us at support@harkn.com. We will then review the matter and decide whether there has been a breach of these Platform Rules. If in our opinion, there has been a breach of this Policy, we may take any of the actions referred to in paragraph 13 (Breach of the Policy and Consequences).
5. Registration and Account Information
   1. In order to use the Platform, you will need to register as a user and create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information from time to time.
   2. By registering or creating an account to use the Platform, you agree that you will only use your legal first and last name and provide accurate information about yourself. You must not impersonate any person, use a false name or use a pseudonym.
   3. Each registration is for a single user only, unless otherwise expressly stated on the registration page.
   4. You are responsible for keeping your account login details and password confidential. You must not disclose this information to any third party. You also agree to accept responsibility for all activities that occur using your account or password and the results of such use. If you believe there has been unauthorised use, you must notify us as soon as possible by emailing us at support@harkn.com.
   5. Registration data and any other information which we obtain about you through your use of the Platform will be used in accordance with our Privacy Policy on the Harkn website. By submitting information to us as part of any registration, you consent to the possible transfer of such information outside of your home country.
   6. We have the right to disable your account at any time if, in our reasonable opinion, you have failed to comply with the provisions of this Policy as detailed in paragraph 13 below.
6. Privacy
   1. Please review the Privacy Policy for a description of our privacy practices and an explanation of how we may use any personal information collected in the course of your use of the Platform.
7. Intellectual Property Rights
   1. No part of this Platform or any Content which is owned by us or forms part of any of our products may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without our prior written consent or as permitted by our subscription terms for the relevant Content.
   2. If you believe that any Content infringes your or any third party’s intellectual property rights, you should notify us as soon as reasonably practicable by emailing us at support@harkn.com.
8. Limitation of Liability and Disclaimer
   1. 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 and for fraud or fraudulent misrepresentation.
   2. We provide this Platform and all the Content on it and available through it on an "as is" and "as available" basis without warranty of any kind. We make no representations or warranties of any kind, express or implied, as to the operation or availability of the Platform, the Content or the information or services made available via the Platform or that operation and availability of the Platform or Content available through use of the Platform will be error-free.
   3. All implied conditions, warranties, representations or other terms that may apply to the provisions of this Platform and the Content made available by us on it or through it are hereby excluded to the maximum extent permitted by the applicable law.
   4. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      • use of, or inability to use, the Platform; or
      • use of or reliance on any Content made available on or through the Platform.
      • In particular, neither Harkn nor its directors, officers, employees or agents will be liable for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage.
   5. Any views or opinions contained in any User Content made available in or through the Platform by a user reflects the views and opinions of that user and does not reflect the views or opinions of Harkn or directors, officers, employees or agents.
9. No Advice
   1. The Content made available through the Platform is not intended to be and must not be used as a substitute to the advice given by an HR professional or Medical Adviser. No professional relationship will be created between users or between us and any user as a result of use of the Platform or any of the Content made available through it. Where appropriate, users should consult their own organisation, team or medical professional.
   2. You accept that any use of the Platform or any Content made available via the Platform is at your own risk. In no circumstances shall we have any liability to any user for any reliance on information or content obtained through the use of this Platform or Content made available through it. You also acknowledge that we shall have no liability for any events that occur as a result of user contributions, and we are under no obligation to act on any of the contributions posted by the user or organisation.
   3. You acknowledge and agree that in no circumstances will Harkn or its directors, officers, employees, or agents provide professional advice via the Platform and the Platform and its Content is not intended to be a substitute for obtaining advice from a professional. If professional assistance is required, you should seek the services of a competent professional person with appropriate experience in the relevant field.
10. Links to Third Party Sites
    1. The Platform may provide links to other third-party websites or resources if these are posted by Users. We make no representations whatsoever about any other websites or resources which you may access through the Platform.
    2. Since we have no control over any websites and resources which are linked to via the Platform, you acknowledge and agree that we are not responsible for the availability of such external websites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. It is your responsibility to make sure that, if you use any external websites or resources, you take appropriate precautions to ensure that you have adequate protection in place to protect your systems and devices from any viruses or other items of a destructive nature which may result from you accessing any websites or resources which are linked to in the Platform.
    3. Any references in the Platform to any names, marks, products or services of any third parties or hypertext links to third party sites or information do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services on the part of Harkn.
    4. Harkn makes no representation or warranty as to any User Content or other third-party content, products or services which are posted in or referred to in the Platform or linked to from the Platform, and you agree that Harkn will 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 User Content or third-party content, products or services available on or through the use of the Platform or to which a link is posted in the Platform.
11. Breach of the Policy and Consequences
    1. If your organisation or we consider that you have failed to comply with this Policy we may, at our discretion, take such action as we deem appropriate and may result in us taking all or any of the following actions:
       • limit permissions;
       • immediate, temporary or permanent withdrawal of your right to use the Platform;
       • immediate, temporary or permanent removal of any User Content already posted in the Platform;
       • issue of a warning to you;
       • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of this Policy;
       • further legal action against you; or
       • disclosure of such information to law enforcement authorities as we reasonably feel necessary or required by law.
    2. Subject to the provisions of paragraph 9.1, we exclude liability for all action we may take in response to breaches of this Policy. The actions described in paragraph 13.1 above are not limited, and we may take any other action we reasonably deem appropriate.
    3. If we withdraw your right to use the Platform, you must immediately destroy all copies of Content of any kind downloaded from the Platform which is in your possession or under your control. You have no right to use any Content, except as set out in this Policy or as otherwise permitted by the terms of the license or subscription agreement or other agreement with us or any third party related to our products and services.
    4. Harkn shall not be liable to you or any third party for denial, termination or restriction of access to the Platform. Should you object to any terms and conditions of these Terms or to any subsequent modifications thereto, your only recourse is to discontinue use of the Platform immediately.
12. Indemnification
    1. You agree to indemnify, defend, and hold Harkn and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable professional fees, resulting from any breach of this Policy by you.
13. Severability
    1. If any provision of this Policy is held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected.
14. Waiver
    1. The failure by us to enforce any provision of the Policy will not constitute or be construed as a waiver of such provision or the right to enforce them at a later date.
15. Governing Law and Jurisdiction
    1. The Terms shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law.
    2. You hereby agree that any disputes arising under or in connection with this Policy, the Platform, the Content or its use shall be subject to the exclusive jurisdiction of the courts of England and Wales and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
16. Contact Information
    1. If you have any questions about this Policy, or about the Platform or Content, available in and via the Platform or you wish to report any inappropriate Content, infringement of intellectual property right or use of Content otherwise than as permitted by this Policy, you may contact us using any of the methods described on our contact us page link or email us at support@harkn.com.
    2. We will post any changes to this Policy on this Platform.