User Generated Content Policy

Last updated May 2018

Please read this User Generated Content Policy carefully before you submit UGC to our Website, as this policy and our Website Terms of Use will apply to your use of our Website and the UGC you submit to it. We recommend that you print a copy of this for future reference. By using our Website and submitting UGC to our Website, you confirm that you accept this User Generated Content Policy, our Privacy and Cookie Policy and our Website Terms of Use, and that you agree to comply with them. If you do not agree to these terms and policies, you must not use our Website or submit UGC to (or via) it. Capitalised but undefined words in this User Generated Content Policy shall have the meanings ascribed to them in our Website Terms of Use.

  1. Your UGC

    1. All content submitted to our Website by you (or on your behalf) via your User account (or other social media account, if applicable), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "UGC" for short.

    2. You agree to submit UGC to the Website in accordance with the following rules (in particular, the Legal Standards and the Community Guidelines, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website.

    3. Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.

    4. Please note, any UGC you submit to our Website will be considered non-confidential and non-proprietary.

  1. Rights, permissions & waivers

    1. You hereby grant to Obbyco Ltd (t/a Obby) and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.

    2. You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 2.

    3. Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:

      1. that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to our Website, and

      2. where featured or identified individuals are under the age of 18, that you either; are the parent or legal guardian or such featured or identified individuals, or have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website.

    4. You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.

  1. Content standards & legal standards

    1. You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:

      1. infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or

      2. contain any material which is defamatory of any person; and/or

      3. contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or

      4. breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or

      5. advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or

      6. contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and/or

      7. violate any other applicable law, statute, ordinance, rule or regulation, (together, or individually the "Legal Standards").

    2. If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. Please see clause 2 above for further details.

  1. Content standards & community guidelines

    1. You warrant, represent and undertake to us that your UGC:

      1. is accurate, where it states facts; and/or

      2. is genuinely held, where it states opinions (for example, in product or services reviews).

    2. You further warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not contain any material which:

      1. is obscene, hateful, inflammatory, offensive or in any other way falls below commonly accepted standards of taste and decency in the UK; and/or

      2. is reasonably likely to harass, upset, embarrass or alarm a person (including, by way of example only, so called "trolling" or cyber-bullying); and/or

      3. is threatening, abusive or invades another's privacy, or causes annoyance, inconvenience or anxiety; and/or

      4. is sexually explicit; and/or

      5. advocates, promotes, assists or depicts violence; and/or

      6. advocates, promotes or assists any illegal activity or unlawful act or omission; and/or

      7. could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or

      8. gives the impression that it emanates from Obby or is endorsed or connected with us, if this is not the case,

      9. (together, or individually the "Community Guidelines").

  1. Consequences of breach

    1. We will determine, in our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to our Website. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the Website without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website on a temporary or permanent basis.

    2. Notwithstanding clause 5.1 above, if you or your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Community Guidelines.

    3. We also reserve the right:

      1. to pass on any UGC that gives us concern to the relevant authorities; and

      2. to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy.

  1. Changes to this UGC Policy

    1. We may change this UGC Policy from time to time, in which case an up to date version will be available via the Website. You should check this UGC Policy regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to this UGC Policy after you have been notified of the changes on our Website and/ or if you continue to access or use the Website, where the updated UGC Policy will be available for you to view.

Obby's Terms and Policies

Last updated May 2018

Please read these Terms and Policies carefully before you start to use our Website and before booking any third party goods or services through our Website. We recommend that you print a copy of these for future reference.

By using our Website, you confirm that you accept these Terms and Policies and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Policies, you must not use our Website in any way.

  1. Welcome to our website, www.obby.co.uk ("Website"). The Website is provided by Obbyco Ltd. (t/a Obby), a company registered in England under company number 10018497 and whose registered office is at 110 Clifton Street, Stapleton House, 2ndFloor, London, EC2A 4HT, ("Obby", "us", "we" or "our" for short). "You" and "your" means you as the user of our Website.

  2. The Website has two main functions:

    1. Aggregating of information and providing a centralised booking point for selected third party goods and services providers who wish to offer their goods and services for sale via our Website ("Partners"); and

    2. Provision of general information relating to courses, hobbies and learning.

  3. We have set out the terms under which we are providing you with access to our Website and any products or services we offer from our Website. These include the terms and conditions that govern:

    1. Your rights to use and link to our Website (these "Website Terms of Use");

    2. How we will use and protect information about you (our "Privacy & Cookies Policy")and

    3. our booking terms and conditions in relation to the third party products or services we offer from the Website (our "Booking Terms and Conditions"); and your obligations when uploading comments or other contributions and content to our Website (our "User Generated Content Policy"),

    4. together or individually these may be referred to as our "Terms and Policies".

  4. Please note that the Terms and Policies do not govern the relationship as between Obby and our Partners. If you are an existing Partner, please check the Partner Terms of Business provided to you upon sign up. If you are not yet a Partner but would like to apply to Obby to become one of our Partners, please seewww.join.obby.co.uk/findoutmore.

  5. If you enter any prize competitions or other promotions on the Website, separate terms and conditions may also apply in addition to our Terms and Policies. In the event of a conflict between any additional terms and conditions and our Terms and Policies, such additional terms shall prevail to the extent of the conflict.

  6. We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Website. You should check these Terms and Policies regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on our Website and/or if you continue to access or use the Website, where the updated Terms and Policies will be available for you to view.

Website Terms of Use

Please read these Website Terms of Use carefully before you start to use our Website, as they apply to your use of our Website. We recommend that you print a copy of these for future reference.

These Website Terms of Use refer to the following additional terms which also apply to your use of our Website:

  • OurPrivacy and Cookie Policy; and

  • OurUser Generated Content Policy.

By using our Website, you confirm that you accept these Website Terms of Use and that you agree to comply with them. If you do not agree to these Website Terms of Use, you must not use our Website.

Please note: these Website Terms of Use only cover your use of our Website, they DO NOT apply to the third party goods and services which are available for booking on our Website. Please see our Booking Terms and Conditions for the terms and conditions which apply when you make any bookings or purchase any vouchers from our Website.

Within these Website Terms of Use, the phrase "Terms and Policies" refers to any or all of the following policies: our Privacy and Cookie Policy, our User Generated Content Policy, these Website Terms and Conditions and our Booking Terms and Conditions.

  1. Use of the Website

    1. These Website Terms of Use set out how you may use our Website. By accessing the Website, you agree to these Website Terms of Use. These Website Terms of Use apply to whatever method you have used to access the Website, including but not limited to the internet, digital television services and mobile phone.

    2. If you do not agree to these Website Terms of Use, you should not use the Website. You should read all of the Website Terms of Use prior to using the Website.

  1. Accessing our Website

    1. Access to our Website is permitted on a temporary basis. We reserve the right to withdraw or amend our Website (and any products or services offered on them) without notice. We will not be liable if for any reason our Website or any part of it or them is unavailable at any time or for any period.

    2. We update our Website from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website (or any part of them) at any time without notice.

    3. Materials and information posted on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.

    4. You are responsible for making all arrangements necessary to access and view this Website and should ensure you have up to date anti-virus software on any device from which your access our Website.

    5. You are responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Website Terms of Use.

    6. We specifically reserve the right to withdraw access to our Website and/or cancel any order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.

  2. Password and Account Security

    1. You are responsible for the safety and security of your password and log in details. To help protect against unauthorised access to your account you are advised to store your username(s) and password(s) safely and securely. Please ensure that your password is not one you have used before, that it is eight characters or more and, ideally, not one that you use on other sites. We recommend that you refrain from disclosing your username(s) and password(s) to anyone. We also recommend that you sign out of your account at the end of each session. You may also wish to close your browser window when you have finished your session, especially if you share a computer with someone else or if you are using a computer in a public place.

    2. If you suspect that unauthorised access has been made to your account you must notify us immediately by contacting hello@obby.co.uk. We will investigate any alleged unauthorised account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your account, we reserve the right to disable or block your account at any time where it is suspected that unauthorised access has been made to your account.

  3. Misuse of our Website

    1. You must not misuse our Website by:

knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so); and/or

gaining or attempting to gain unauthorised access to the server on which our Website are stored or any server, computer or database connected to our Website; and/or

      1. attacking our Website via a denial-of-service attack or a distributed denial-of service attack.

    1. Breach of this clause might constitute 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 Website will cease immediately.

  1. Users

    1. If you are aged 18 years old or over, you may create an account and become a registered user of the Website ("User").

    2. As a User you may have access to additional products or services and/or functionality, for example, the ability to create an account, save contact information, post user generated content (UGC) onto the Website, and receive information about promotions and special offers which are restricted to Users, if any.

    3. Any personal information that you provide to us in the course of becoming a User or after registration will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy.

    4. We also have the right to disable any user identification code 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 any of our Terms and Policies. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at hello@obby.co.uk.

  2. Posting UGC

    1. If and where the functionality of the Website allows, Users or other visitors to the Website that log into a social media account via any widget or interface available on or off the Website may post UGC to the Website.

    2. Any UGC posted will be attributed to the username you provide or the username of the social media account you log in with but we will not publish your email address on the Website.

    3. We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC) if it does not adhere to ourUser Generated Content Policy. We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) UGC.

    4. We also reserve the right to close the User accounts and/or ban particular users from being able to post UGC to the Website if they persistently and/or seriously breach the terms of the User Generated Content Policy.

    5. Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not those of Obby and we accept no responsibility for the content of such UGC.

    6. However, if you find any UGC on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at hello@obby.co.uk with the subject heading "Objectionable Content". On receipt of your complaint we may remove or block access to the UGC complained of.

  3. Intellectual property

    1. You may access, view and print out one copy of this Website and all information, images, and other content (except for UGC) displayed on the Website ("Materials") strictly in accordance with these Website Terms of Use.

    2. You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to Obby.

    3. Nothing in the above licence impairs or restricts any author's moral rights in respect of the Materials.

    4. We expressly reserve all intellectual property rights in and to the Website and the Materials and your use of the Website and the Materials is subject to the following restrictions. You must not:

remove any copyright or other proprietary notices contained in the Materials; and/or

use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; and/or

use, or cause others to use, any automated system or software to extract content or data from this Website ("screen scraping"), except in cases where you or any applicable third party has entered into a written licence agreement directly with us that expressly permits such activity; and/or

reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent by way of a licence agreement.

  1. Trade marks

    1. We expressly reserve all rights in and to the www.obby.co.uk domain name and all related domains and sub-domains, the name "Obby", our logo device, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

  2. Linking to our Website

    1. You may link to any page of the Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

    2. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.

    3. Our Website must not be framed or be subjected to any other browser or border environment on any other site.

    4. If you would like to link to our Website for commercial purposes or any purpose not included above, or if you would like to become a Partner, please contact partners@obby.co.uk.

    5. We reserve the right to withdraw linking permission at any time and without notice.

  3. Privacy, your personal data and cookies

    1. The privacy of your personal data is important to us. Please see ourPrivacy & Cookies Policyfor details of how we will process your personal data, where it is provided to us, and how we use cookies.

  4. Third party content and third party websites

    1. Our Website may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.

    2. Our Website and/or the Materials may contain links to third party websites (including those of our Partners). If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that we are, or our Website are, affiliated to or associated with such sites.

    3. Our communications with you may contain information sourced from third party websites. Material from a third party site will be marked as such and a link to the source website may be provided. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party.

    4. The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.

    5. Please remember that when you use a link to go from our Website to another website, our Terms and Policies (including our Privacy & Cookies Policy) will no longer be applicable. Your browsing and interaction on any other website, including websites which are linked to ours, is subject to that website�s own terms and policies. Please read those terms and policies before proceeding.

  5. Our liability

    1. To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular, we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website.

    2. We do not accept liability for any failure to maintain the Website and/or late or failed delivery of any Materials.

    3. Please note that we only provide our Website for domestic and private use, and you agree not to use our Website for any commercial or business purposes unless we have approved you as a Partner.

    4. We do not accept any liability for the following types of loss, even if the loss is foreseeable: loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, loss of data or waste of management of office time.

    5. The Materials may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Materials.

    6. We shall not be liable for any loss caused as a result of your actions or inactions based on the Materials available on this Website. However, nothing in these Website Terms of Use shall affect your statutory rights, and nothing in these Website Terms of Use shall exclude our liability for death or personal injury arising through negligence, for fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.

  6. Serviced countries

    1. This Website is provided for users in the United Kingdom only. Whilst access may be possible from outside the United Kingdom, this Website is not intended for such use and such users access the Website at their own risk.

  7. Changes to our Website Terms of Use

    1. We may change these Website Terms of Use from time to time, in which case an up to date version will be available via the Website. You should check these Website Terms of Use regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to these Website Terms of Use after you have been notified of the changes on our Website and/ or if you continue to access or use the Website, where the updated Website Terms of Use will be available for you to view.

  8. Legal compliance and applicable law

    1. The English Courts will have non-exclusive jurisdiction over any claim arising from or related to a visit to this Website. English Law will apply to these Website Terms of Use.

  9. Contact us

    1. If you have any concerns or queries about material which appears on our Website or if you have questions about your use of this Website or these Website Terms of Use please email us at hello@obby.co.uk. Our postal address for correspondence is Huckletree West, 191 Wood Lane, Shepherd�s Bush, London, W12 7FP

Last updated May 2018

Introduction

www.obby.co.uk (the "Website") is owned and operated by Obbyco Ltd. t/a Obby ("we", "our" or "us"). We are committed to protecting the privacy of our users and customers. This privacy policy ("Privacy Policy") is intended to inform you how we gather, define, and use your personal information, such as your name, email address, address and other contact details ("Personal Information"). Please use this Privacy Policy to help you decide whether and how you wish to use our site and our products and services. Please take a moment to read it carefully.

All your Personal Information shall be used in accordance with the Data Protection Act 1998 (the "Act"). If you want to know what information we collect and hold about you, please write to us at: 110 Clifton Street, Stapleton House, 2ndFloor, London, EC2A 4HT. Alternatively email us on hello@obby.co.uk.

Obbyco Ltd. is the data controller of your Personal Information for the purpose of the Act.

What information do we collect?

When you visit and/or use our Platform or contact us, we may collect the following information:

  • Personal Information that you choose to share with us when you register for an account, subscribe to emails, newsletters and alerts and which you provide to us when using our services, including information entered into our booking platform and included in your comments, reviews or survey responses. In the course of making a booking or submitting reviews, you might voluntarily provide us with sensitive personal data if relevant to the service that you are requesting or reviewing (relating to your health or ethnicity, for example).

  • Where you are utilising our online payment facility, we may store (via ourselves or our appointed payment processor) your credit and debit card details on a secure encrypted basis.

  • If you choose to communicate with us (for example, through the Platform, email, telephone, SMS, or social media) we will record the fact that you have contacted us and may retain the content of your communication, together with your contact details and our responses.

  • Information about your visits to and use of the Platform, such as information about the device and browser you are using, your IP address and location, your identifier for advertisers (IDFA), the date and time that you visited, the duration of your visit, the referral source and website navigation paths of your visit and your interactions on the Platform including the salons and treatments you are interested in. Please note that we may associate this information with your Obby account. Please see the cookies section of this Privacy Policy for further information on the purposes for which we collect and use this information.

  • It is important that all the Personal Information you give us when you register as a user or otherwise when you use the Platform is correct and accurate. This includes, by way of example only, ensuring that we have your correct contact (including email) details at all times.

  • If you plan to submit someone else's Personal Information to us, for instance when making a booking on their behalf, you should only provide us with that third party's details with their consent and after they have been given access to information about how we will use their details, including the purposes set out in this Privacy Policy.

Protecting your personal information

  • The transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Platform. Any transmission is at your own risk. Once we have received your Personal Information we will use strict procedures and security features in relation to that data.

How do we use your personal information?

  • In general terms, we use Personal Information to provide you with the services and products you request, process payment, provide customer services, deliver our content and ads which we think may be of interest to you, for customer research, to send you marketing and promotional emails and to notify you about important changes to our Platform.

We also use your Personal Information for the following purposes:

  • To fulfil a contract, or take steps linked to a contract. This is relevant where you request a service via Obby. This includes:

    • Sending you information about your requested services (such as appointment reminders) by email, SMS and push notification

    • Facilitating your bookings and taking payments

    • Responding to your questions and concerns

    • Administering your account

  • As required by Obby to conduct our business and pursue our legitimate interests, in particular:

    • To keep our Platform and systems secure and to prevent fraud, security incidents and other crime

    • To verify compliance with our terms and conditions and for the establishment, exercise or defence of legal claims

    • To notify you about new Obby services and special offers we think you will find valuable, for example via email and displaying advertising on third party websites such as Facebook (where consent is not required)

    • To tailor and personalise marketing notifications and advertising for you based on information you provide and your use of our Platform, products and services and other sites (please see the Cookies section of this Privacy Policy for further information)

    • To help us monitor, improve and protect our Platform, products and services, and to personalise our Platform, products, services (and those of our partners) for you, based on information you provide and your use of our Platform, products and services and other sites (please see the Cookies section of this Privacy Policy for further information)

    • To investigate and respond to any questions or complaints received from you or from others, about our Platform or our products or services

    • To conduct internal research and analysis so that we can see how our Platform, products and services are being used and how our business is performing

    • To conduct market research and consumer surveys

    • To collate and publish reviews of products or services offered by our Partners, and use these for advertising campaigns

    • To use customer communications for training, record-keeping and quality control purposes. If you telephone our customer experience team, please note that the fact that you have contacted us will be noted and your call may be recorded. You will be told if such a recording is being made and also given the opportunity to opt-out of being recorded if you wish to do so and the means for doing so

    • To process applications for a position at Obby which have been submitted via the Website, including contacting referees. Information which you provide will be held for a period of 12 months and may be referred to in the event you make future applications to work at Obby

  • Where you give us consent:

    • To notify you about new Obby services and special offers we think you will find valuable, for example via email and displaying advertising on third party websites such as Facebook (where consent is required)

    • To send you information about competitions and surveys and details of promotional offers of our Partners and about other selected third parties goods or services, by email

    • To pass your personal information to our Partners and other selected third parties,

    • To place cookies and use similar technologies in accordance with the Cookies section of this Privacy Policy and the information provided to you when those technologies are used

    • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time

  • For purposes which are required by law:

    • To respond to requests by government or law enforcement authorities conducting an investigation

    • To meet legal, regulatory and compliance requirements

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.

  • If you would like to unsubscribe from receiving communications which Obby sends you, you can do so by clicking the "unsubscribe" button at the bottom of email communications which we send you or alternatively by contacting us at hello@obby.co.uk. In the case of email marketing please allow 48 business hours for your email address to be removed from our system.

  • If you would like to unsubscribe from receiving communications which are sent by Partners and other third parties, please contact the Partner or third party directly. In the case of our Partners, if you need our assistance with this, we will be happy to do what we can to help you.

Sharing personal information with third parties

We treat the security and method of processing your Personal Information very seriously, and we will never sell your Personal Information under any circumstances.

However, we may disclose your Personal Information to selected third parties, including in the following situations:

  • To third party service providers that perform functions on our behalf in relation to the Platform or otherwise in connection with the provision of Obby's services (for example, processing credit card payments, website hosting, conducting surveys and market research, providing social media analysis, providing marketing email services, data analysis tools and to manage customer services communications).

  • To our Partners with whom you book services via our Website, where we act as commercial booking agent, or directly with the Partner via our Partner Platform or Widgets, where we act solely as a technology provider. Your information is shared with Partners in order that:

    • bookings can be facilitated and, if necessary, contact made in advance of your appointment;

    • if you have opted in to receiving marketing emails from Partners with which you book, these emails can be sent to you containing news and special offers; and

    • they can improve the services they offer to their customers and business operations by providing statistical data regarding customers, both on an aggregated basis and on an individual level.

  • To third party brands with which we collaborate on products, services, competitions and campaigns

  • To Media agencies and advertising partners in order to run targeted marketing campaigns (please see the Cookies section of this Privacy Policy for further information on online advertising practices)

  • To other third parties, for the purpose of facilitating our business and improving our products, content, services or advertising including, by way of example only, sending email communications or publishing reviews of our or our Partners' products and services

  • If we buy, sell or transfer any business or assets or if go into insolvency, bankruptcy or receivership. If this should happen, we may need to disclose your Personal Information to the seller or buyer of such business or assets, as appropriate

  • If we are under a duty to disclose or share your Personal Data to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction

  • To government authorities, and to other third parties as required or permitted by law, including but not limited to in response to court orders. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Platform, or anyone else that could be harmed by such activities.

Please note: by posting any Personal Information in any publicly accessible area of our Platform (such as review sections), such information may be collected by third parties over which we have no control. We are not responsible for the use of such information by such third parties.

Please therefore exercise all due care and consideration before disclosing any Personal Information that will be disclosed on public areas. You should also avoid disclosing on public areas any Personal Information that may be used to identify you (such as your name, age, home or work address or name of your employer).

Your rights in relation to your personal information

In relation to the personal information we hold about you, you may be entitled to ask us:

  • For a copy of your personal information

  • To correct, erase or restrict the processing of your personal information

  • To obtain personal data which you provide to us for a contract or with your consent in a structured, machine readable format and to ask us to transfer this information to another organisation

  • To object to the processing of your personal data in some circumstances (in particular, where we don't have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).

  • In the first instance you may be able to view or change the information you have provided us with by logging in to your online account.

Your rights in relation to your personal information are limited in some situations. For example, if fulfilling your request would reveal personal data about another person or if we have a legal requirement or a compelling legitimate ground we may continue to process Personal Information which you have asked us to delete. You also may have the right to make a complaint if you feel your personal information has been mishandled. We encourage you to come to us in the first instance but, to the extent that this right applies to you, you are entitled to complain directly to the relevant supervisory authority.

If you wish to exercise any of the above rights, please contact us at hello@obby.co.uk. Please note, however, that no financial information will be provided without verification.

What about other websites linked to our Platform?

We are not responsible for the practices employed by websites linked to or from our Platform nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Platform.

Please remember that when you use a link to go from our Platform to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our Platform, is subject to that website's own rules and policies. Always read over those rules and policies before proceeding.

Social Media and User Generated Content

Some of our Platforms allow users to submit their own content. Please remember that any content submitted to one of our Platforms can be viewed by the public, and you should be cautious about providing certain personal information e.g. financial information or address details via these Platforms. We are not responsible for any actions taken by other individuals if you post personal information on one of our social media platforms, e.g. Facebook or Instagram. Please also refer to the respective privacy & cookie policies of the social media platforms you are using.

Changes to our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our Platform to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Where we store your personal data

The data that we collect from you may be transferred to and stored at a destination outside the European Economic Area (EEA), including for the purposes of processing that data by selected third parties, in order to facilitate Obby's business. Countries outside the EEA may not have laws which provide the same level of protection to your personal data as laws within the EEA. Where this is the case we will put in place appropriate safeguards to ensure that such transfers comply with applicable data protection laws.

Retention

We retain your Personal Information for as long as is required to fulfil the activities set out in this Privacy Policy, otherwise communicated to you or for as long as is permitted by applicable law.

Where you apply for a position at Obby via the Website, information which you provide will be held for a period of 12 months and may be referred to should you make future applications to work at Obby.

Our policy on Cookies

In common with other commercial websites and apps, our Platform use standard technologies including cookies and similar tools including web server logs, web beacons, tokens, pixel tags, local storage, device identifiers and tracking IDs (together referred to as "Cookies" in this Privacy Policy) for the purposes set out below.

Note that third parties collect and use data from Cookies placed on the Platform. This Privacy Policy may not describe the privacy practices of such third parties. We encourage you to read the privacy policies of these third parties and, if you prefer to not have data reported by these parties, follow their opt-out processes where these exist. Please review "What can I do to change my Cookies preferences?" section below for further information.

Why do we use Cookies?

  • Strictly Necessary/Transactional Purposes

    • Using Cookies for this purpose is essential for our Platform to work correctly. They may be required to enable you to move around our Platform and use our features, for system administration, to prevent fraudulent activity, to keep you logged in from one page to another or so that we can remember what you have added to your basket. These cookies cannot be switched off as our Platform cannot function properly without them.

    • Examples:

      • Keep you logged in as you move around the Platform

  • Functionality Purposes

    • Using Cookies for this purpose enables us to enhance and simplify your user experience. For example they may remember choices you make such as the country you visit our Platform from, language, search parameters such as date, area or treatment, and help to identify issues with our Platform (such as crash incidents). These can then be used to provide you with an experience more appropriate to your selections and to tailor and enhance your visits to our Platform. The information these technologies collect may be personally identifiable, such as your log-in details. They cannot track your browsing activity on other websites or apps outside the Platform.

    • Examples:

      • preferred_language - Remembers your language choice on our multilingual websites

      • homepage-search' - Remembers homepage search settings for your next visit

      • recent-locations - Remembers recent locations you've searched

  • Performance Purposes

    • Using Cookies for this purpose enables us to better understand how many users visit our Platform, how users arrive at, and browse or use our Platform and which parts of our Platform are most popular. This helps us to improve the Platform, such as navigation and interface experience, and improve our products and services. To achieve this, we collect information on how people use our Platform and use third party technologies for this purpose, including but not limited to Google Analytics, Segment, Optimizely, Hotjar. We also use these Cookies to help us measure the effectiveness of our online marketing and advertising activities.

    • Examples:

      • Google Analytics is a web analysis service provided by Google, Inc. We use Google Analytics to monitor how visitors use our Platform, to compile reports and to help us improve the Platform. Google collects information in an anonymous form, including the number of visitors to the Platform, where visitors have come to the Platform from and the pages they visited on the Platform. This information is then used by Google to make reports for us and to help us improve the site. Please see Google's privacy policy here www.google.com/policies/privacy/ for further information on the data Google collects and how it is processed.

      • Hotjar is a software which we use to help us to improve the user experience on our Website (www.hotjar.com), 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta, Europe). Hotjar helps us understand how users use the Website (mouse movements, clicks, scrolling etc.). For this purpose Hotjar uses analytics cookies to collect non-personally identifiable information including standard internet log information and details of visitors' behavioural patterns upon visiting our Website. By using our Website, you acknowledge and accept our privacy practices as well as those of Hotjar's. Please see Hotjar's privacy policy (www.hotjar.com/legal/policies/privacy) for further information on the data Hotjar collects and how it is processed.

  • Targeting or Advertising Purposes

    • Using Cookies for this purpose enables us to display adverts on and off the Platform, and to collect information about your browsing habits and usage of the Platform in order to make adverts more relevant and personalised to you and your interests. We may use remarketing technologies to enable third parties to display relevant and personalised ads to you through their networks. They are also used to identify that you have seen a particular advert, limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. We use some third party technologies for this purpose, including but not limited to Segment, Google Analytics Audiences, Facebook Analytics and Bing. Technologies are also placed by social media sites for advertising and targeting purposes (including Facebook, Pinterest and Snapchat).

    • These technologies remember the sites you visit and that information is shared with other parties such as advertisers. When we use third parties for advertising and targeting purposes, we may disclose:

      • Personally identifiable information, such as email address, order ID, venue.

      • Generic, aggregated or anonymised data relating to your visits and use of our Platform; or

      • Information in a pseudonymised form such as a browser cookie ID / code or cryptographic hash of your email address to help us tailor and display our ads to you on other services. This ID or code is matched against your equivalent unique code similarly generated by our ad partners to tailor adverts to you.

    • The third party companies that we use for targeting and advertising purposes have their own privacy policies which you should read in detail.

      • Examples:

        • Facebook Targeting. These cookies are set by Facebook. Facebook uses cookies to manage social login and to collect data on its users interests. Facebook uses this data to deliver targeted advertising during your browsing experience/ whilst you are online.

        • Google Targeting. These cookies are set by Google. These cookies enable Google to profile the interests of visitors and ensure that relevant Obby advertising reaches you on third party sites or search. These cookies may also be used to store user preferences, verify Google user accounts.

How do we use information we collect from tracking technologies?

See "How do we use your personal information?" above.

What can I do to change my Cookies preferences?

Please find below a number of ways in which you can manage your Cookie preferences online. Please also refer to the privacy & cookie policies of the relevant third party for more information.

  • Most browsers and devices allow you to remove tracking technologies and/or block new tracking technologies being set. To turn off tracking technologies, look at the "help" menu on your browser, or visit your device settings. However, please note, that (a) this may not be effective for all tracking technologies and (b) switching off tracking technologies may restrict your use of the Sites and/or delay or affect the way in which they operate.

  • AdChoices is a self-regulatory program that encourages online advertising platforms to include an advertising option icon on any ads or webpages where data is collected and used for behavioural advertising. Find out more here: www.youradchoices.com/control.

  • Use your mobile device settings to configure your advertising preferences.

  • Visit Your Online Choices here to opt out of various interest based advertising www.youronlinechoices.com/uk/.

  • Hotjar: You may opt-out from having Hotjar collect your information at any time here: www.hotjar.com/legal/compliance/opt-out.

  • Google Analytics: If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-Out Browser Add-On by following the instructions here: tools.google.com/dlpage/gaoptout. You may opt out of Google's use of Cookies by visiting the Google advertising opt-out page herewww.google.com/policies/technologies/ads/.

  • Facebook Ads: You can control how Facebook uses data to show you ads by turning off ads which may be based on interests and / or your relationship with specific advertisers, in your ad preference settings. For further information, please visit the various Facebook pages which allow you to learn more about Facebook ads and Cookies and to update your settings:

Please note that where you have opted out of receiving our email marketing communications via the methods described above under the section "Withdrawing consent or otherwise objecting to direct marketing", you may still see our non-targeted adverts whilst you are online, if your interests settings on Facebook are aligned to an audience segment (pre-defined by Facebook) which our business is also associated with. We do not control whether these ads are displayed to you.

In the case of third parties not specified in this section, please consult their relevant privacy & cookies policy to find out more about adverts displayed to you whilst you are online and how you can opt-out.

Last updated May 2018

Introduction

www.obby.co.uk (the "Website") is owned and operated by Obbyco Ltd. t/a Obby ("we", "our" or "us"). We are committed to protecting the privacy of our users and customers. This privacy policy ("Privacy Policy") is intended to inform you how we gather, define, and use your personal information, such as your name, email address, address and other contact details ("Personal Information"). Please use this Privacy Policy to help you decide whether and how you wish to use our site and our products and services. Please take a moment to read it carefully.

All your Personal Information shall be used in accordance with the Data Protection Act 1998 (the "Act"). If you want to know what information we collect and hold about you, please write to us at: 110 Clifton Street, Stapleton House, 2ndFloor, London, EC2A 4HT. Alternatively email us on hello@obby.co.uk.

Obbyco Ltd. is the data controller of your Personal Information for the purpose of the Act.

What information do we collect?

When you visit and/or use our Platform or contact us, we may collect the following information:

  • Personal Information that you choose to share with us when you register for an account, subscribe to emails, newsletters and alerts and which you provide to us when using our services, including information entered into our booking platform and included in your comments, reviews or survey responses. In the course of making a booking or submitting reviews, you might voluntarily provide us with sensitive personal data if relevant to the service that you are requesting or reviewing (relating to your health or ethnicity, for example).

  • Where you are utilising our online payment facility, we may store (via ourselves or our appointed payment processor) your credit and debit card details on a secure encrypted basis.

  • If you choose to communicate with us (for example, through the Platform, email, telephone, SMS, or social media) we will record the fact that you have contacted us and may retain the content of your communication, together with your contact details and our responses.

  • Information about your visits to and use of the Platform, such as information about the device and browser you are using, your IP address and location, your identifier for advertisers (IDFA), the date and time that you visited, the duration of your visit, the referral source and website navigation paths of your visit and your interactions on the Platform including the salons and treatments you are interested in. Please note that we may associate this information with your Obby account. Please see the cookies section of this Privacy Policy for further information on the purposes for which we collect and use this information.

  • It is important that all the Personal Information you give us when you register as a user or otherwise when you use the Platform is correct and accurate. This includes, by way of example only, ensuring that we have your correct contact (including email) details at all times.

  • If you plan to submit someone else's Personal Information to us, for instance when making a booking on their behalf, you should only provide us with that third party's details with their consent and after they have been given access to information about how we will use their details, including the purposes set out in this Privacy Policy.

Protecting your personal information

  • The transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Platform. Any transmission is at your own risk. Once we have received your Personal Information we will use strict procedures and security features in relation to that data.

How do we use your personal information?

  • In general terms, we use Personal Information to provide you with the services and products you request, process payment, provide customer services, deliver our content and ads which we think may be of interest to you, for customer research, to send you marketing and promotional emails and to notify you about important changes to our Platform.

We also use your Personal Information for the following purposes:

  • To fulfil a contract, or take steps linked to a contract. This is relevant where you request a service via Obby. This includes:

    • Sending you information about your requested services (such as appointment reminders) by email, SMS and push notification

    • Facilitating your bookings and taking payments

    • Responding to your questions and concerns

    • Administering your account

  • As required by Obby to conduct our business and pursue our legitimate interests, in particular:

    • To keep our Platform and systems secure and to prevent fraud, security incidents and other crime

    • To verify compliance with our terms and conditions and for the establishment, exercise or defence of legal claims

    • To notify you about new Obby services and special offers we think you will find valuable, for example via email and displaying advertising on third party websites such as Facebook (where consent is not required)

    • To tailor and personalise marketing notifications and advertising for you based on information you provide and your use of our Platform, products and services and other sites (please see the Cookies section of this Privacy Policy for further information)

    • To help us monitor, improve and protect our Platform, products and services, and to personalise our Platform, products, services (and those of our partners) for you, based on information you provide and your use of our Platform, products and services and other sites (please see the Cookies section of this Privacy Policy for further information)

    • To investigate and respond to any questions or complaints received from you or from others, about our Platform or our products or services

    • To conduct internal research and analysis so that we can see how our Platform, products and services are being used and how our business is performing

    • To conduct market research and consumer surveys

    • To collate and publish reviews of products or services offered by our Partners, and use these for advertising campaigns

    • To use customer communications for training, record-keeping and quality control purposes. If you telephone our customer experience team, please note that the fact that you have contacted us will be noted and your call may be recorded. You will be told if such a recording is being made and also given the opportunity to opt-out of being recorded if you wish to do so and the means for doing so

    • To process applications for a position at Obby which have been submitted via the Website, including contacting referees. Information which you provide will be held for a period of 12 months and may be referred to in the event you make future applications to work at Obby

  • Where you give us consent:

    • To notify you about new Obby services and special offers we think you will find valuable, for example via email and displaying advertising on third party websites such as Facebook (where consent is required)

    • To send you information about competitions and surveys and details of promotional offers of our Partners and about other selected third parties goods or services, by email

    • To pass your personal information to our Partners and other selected third parties,

    • To place cookies and use similar technologies in accordance with the Cookies section of this Privacy Policy and the information provided to you when those technologies are used

    • on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time

  • For purposes which are required by law:

    • To respond to requests by government or law enforcement authorities conducting an investigation

    • To meet legal, regulatory and compliance requirements

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing at any time. You can do this by following the instructions in the communication where this is an electronic message, or by contacting us using the details set out below.

  • If you would like to unsubscribe from receiving communications which Obby sends you, you can do so by clicking the "unsubscribe" button at the bottom of email communications which we send you or alternatively by contacting us at hello@obby.co.uk. In the case of email marketing please allow 48 business hours for your email address to be removed from our system.

  • If you would like to unsubscribe from receiving communications which are sent by Partners and other third parties, please contact the Partner or third party directly. In the case of our Partners, if you need our assistance with this, we will be happy to do what we can to help you.

Sharing personal information with third parties

We treat the security and method of processing your Personal Information very seriously, and we will never sell your Personal Information under any circumstances.

However, we may disclose your Personal Information to selected third parties, including in the following situations:

  • To third party service providers that perform functions on our behalf in relation to the Platform or otherwise in connection with the provision of Obby's services (for example, processing credit card payments, website hosting, conducting surveys and market research, providing social media analysis, providing marketing email services, data analysis tools and to manage customer services communications).

  • To our Partners with whom you book services via our Website, where we act as commercial booking agent, or directly with the Partner via our Partner Platform or Widgets, where we act solely as a technology provider. Your information is shared with Partners in order that:

    • bookings can be facilitated and, if necessary, contact made in advance of your appointment;

    • if you have opted in to receiving marketing emails from Partners with which you book, these emails can be sent to you containing news and special offers; and

    • they can improve the services they offer to their customers and business operations by providing statistical data regarding customers, both on an aggregated basis and on an individual level.

  • To third party brands with which we collaborate on products, services, competitions and campaigns

  • To Media agencies and advertising partners in order to run targeted marketing campaigns (please see the Cookies section of this Privacy Policy for further information on online advertising practices)

  • To other third parties, for the purpose of facilitating our business and improving our products, content, services or advertising including, by way of example only, sending email communications or publishing reviews of our or our Partners' products and services

  • If we buy, sell or transfer any business or assets or if go into insolvency, bankruptcy or receivership. If this should happen, we may need to disclose your Personal Information to the seller or buyer of such business or assets, as appropriate

  • If we are under a duty to disclose or share your Personal Data to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction

  • To government authorities, and to other third parties as required or permitted by law, including but not limited to in response to court orders. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of our Platform, or anyone else that could be harmed by such activities.

Please note: by posting any Personal Information in any publicly accessible area of our Platform (such as review sections), such information may be collected by third parties over which we have no control. We are not responsible for the use of such information by such third parties.

Please therefore exercise all due care and consideration before disclosing any Personal Information that will be disclosed on public areas. You should also avoid disclosing on public areas any Personal Information that may be used to identify you (such as your name, age, home or work address or name of your employer).

Your rights in relation to your personal information

In relation to the personal information we hold about you, you may be entitled to ask us:

  • For a copy of your personal information

  • To correct, erase or restrict the processing of your personal information

  • To obtain personal data which you provide to us for a contract or with your consent in a structured, machine readable format and to ask us to transfer this information to another organisation

  • To object to the processing of your personal data in some circumstances (in particular, where we don't have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing).

  • In the first instance you may be able to view or change the information you have provided us with by logging in to your online account.

Your rights in relation to your personal information are limited in some situations. For example, if fulfilling your request would reveal personal data about another person or if we have a legal requirement or a compelling legitimate ground we may continue to process Personal Information which you have asked us to delete. You also may have the right to make a complaint if you feel your personal information has been mishandled. We encourage you to come to us in the first instance but, to the extent that this right applies to you, you are entitled to complain directly to the relevant supervisory authority.

If you wish to exercise any of the above rights, please contact us at hello@obby.co.uk. Please note, however, that no financial information will be provided without verification.

What about other websites linked to our Platform?

We are not responsible for the practices employed by websites linked to or from our Platform nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Platform.

Please remember that when you use a link to go from our Platform to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our Platform, is subject to that website's own rules and policies. Always read over those rules and policies before proceeding.

Social Media and User Generated Content

Some of our Platforms allow users to submit their own content. Please remember that any content submitted to one of our Platforms can be viewed by the public, and you should be cautious about providing certain personal information e.g. financial information or address details via these Platforms. We are not responsible for any actions taken by other individuals if you post personal information on one of our social media platforms, e.g. Facebook or Instagram. Please also refer to the respective privacy & cookie policies of the social media platforms you are using.

Changes to our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on our Platform to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Where we store your personal data

The data that we collect from you may be transferred to and stored at a destination outside the European Economic Area (EEA), including for the purposes of processing that data by selected third parties, in order to facilitate Obby's business. Countries outside the EEA may not have laws which provide the same level of protection to your personal data as laws within the EEA. Where this is the case we will put in place appropriate safeguards to ensure that such transfers comply with applicable data protection laws.

Retention

We retain your Personal Information for as long as is required to fulfil the activities set out in this Privacy Policy, otherwise communicated to you or for as long as is permitted by applicable law.

Where you apply for a position at Obby via the Website, information which you provide will be held for a period of 12 months and may be referred to should you make future applications to work at Obby.

Our policy on Cookies

In common with other commercial websites and apps, our Platform use standard technologies including cookies and similar tools including web server logs, web beacons, tokens, pixel tags, local storage, device identifiers and tracking IDs (together referred to as "Cookies" in this Privacy Policy) for the purposes set out below.

Note that third parties collect and use data from Cookies placed on the Platform. This Privacy Policy may not describe the privacy practices of such third parties. We encourage you to read the privacy policies of these third parties and, if you prefer to not have data reported by these parties, follow their opt-out processes where these exist. Please review "What can I do to change my Cookies preferences?" section below for further information.

Why do we use Cookies?

  • Strictly Necessary/Transactional Purposes

    • Using Cookies for this purpose is essential for our Platform to work correctly. They may be required to enable you to move around our Platform and use our features, for system administration, to prevent fraudulent activity, to keep you logged in from one page to another or so that we can remember what you have added to your basket. These cookies cannot be switched off as our Platform cannot function properly without them.

    • Examples:

      • Keep you logged in as you move around the Platform

  • Functionality Purposes

    • Using Cookies for this purpose enables us to enhance and simplify your user experience. For example they may remember choices you make such as the country you visit our Platform from, language, search parameters such as date, area or treatment, and help to identify issues with our Platform (such as crash incidents). These can then be used to provide you with an experience more appropriate to your selections and to tailor and enhance your visits to our Platform. The information these technologies collect may be personally identifiable, such as your log-in details. They cannot track your browsing activity on other websites or apps outside the Platform.

    • Examples:

      • preferred_language - Remembers your language choice on our multilingual websites

      • homepage-search' - Remembers homepage search settings for your next visit

      • recent-locations - Remembers recent locations you've searched

  • Performance Purposes

    • Using Cookies for this purpose enables us to better understand how many users visit our Platform, how users arrive at, and browse or use our Platform and which parts of our Platform are most popular. This helps us to improve the Platform, such as navigation and interface experience, and improve our products and services. To achieve this, we collect information on how people use our Platform and use third party technologies for this purpose, including but not limited to Google Analytics, Segment, Optimizely, Hotjar. We also use these Cookies to help us measure the effectiveness of our online marketing and advertising activities.

    • Examples:

      • Google Analytics is a web analysis service provided by Google, Inc. We use Google Analytics to monitor how visitors use our Platform, to compile reports and to help us improve the Platform. Google collects information in an anonymous form, including the number of visitors to the Platform, where visitors have come to the Platform from and the pages they visited on the Platform. This information is then used by Google to make reports for us and to help us improve the site. Please see Google's privacy policy here www.google.com/policies/privacy/ for further information on the data Google collects and how it is processed.

      • Hotjar is a software which we use to help us to improve the user experience on our Website (www.hotjar.com), 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta, Europe). Hotjar helps us understand how users use the Website (mouse movements, clicks, scrolling etc.). For this purpose Hotjar uses analytics cookies to collect non-personally identifiable information including standard internet log information and details of visitors' behavioural patterns upon visiting our Website. By using our Website, you acknowledge and accept our privacy practices as well as those of Hotjar's. Please see Hotjar's privacy policy (www.hotjar.com/legal/policies/privacy) for further information on the data Hotjar collects and how it is processed.

  • Targeting or Advertising Purposes

    • Using Cookies for this purpose enables us to display adverts on and off the Platform, and to collect information about your browsing habits and usage of the Platform in order to make adverts more relevant and personalised to you and your interests. We may use remarketing technologies to enable third parties to display relevant and personalised ads to you through their networks. They are also used to identify that you have seen a particular advert, limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. We use some third party technologies for this purpose, including but not limited to Segment, Google Analytics Audiences, Facebook Analytics and Bing. Technologies are also placed by social media sites for advertising and targeting purposes (including Facebook, Pinterest and Snapchat).

    • These technologies remember the sites you visit and that information is shared with other parties such as advertisers. When we use third parties for advertising and targeting purposes, we may disclose:

      • Personally identifiable information, such as email address, order ID, venue.

      • Generic, aggregated or anonymised data relating to your visits and use of our Platform; or

      • Information in a pseudonymised form such as a browser cookie ID / code or cryptographic hash of your email address to help us tailor and display our ads to you on other services. This ID or code is matched against your equivalent unique code similarly generated by our ad partners to tailor adverts to you.

    • The third party companies that we use for targeting and advertising purposes have their own privacy policies which you should read in detail.

      • Examples:

        • Facebook Targeting. These cookies are set by Facebook. Facebook uses cookies to manage social login and to collect data on its users interests. Facebook uses this data to deliver targeted advertising during your browsing experience/ whilst you are online.

        • Google Targeting. These cookies are set by Google. These cookies enable Google to profile the interests of visitors and ensure that relevant Obby advertising reaches you on third party sites or search. These cookies may also be used to store user preferences, verify Google user accounts.

How do we use information we collect from tracking technologies?

See "How do we use your personal information?" above.

What can I do to change my Cookies preferences?

Please find below a number of ways in which you can manage your Cookie preferences online. Please also refer to the privacy & cookie policies of the relevant third party for more information.

  • Most browsers and devices allow you to remove tracking technologies and/or block new tracking technologies being set. To turn off tracking technologies, look at the "help" menu on your browser, or visit your device settings. However, please note, that (a) this may not be effective for all tracking technologies and (b) switching off tracking technologies may restrict your use of the Sites and/or delay or affect the way in which they operate.

  • AdChoices is a self-regulatory program that encourages online advertising platforms to include an advertising option icon on any ads or webpages where data is collected and used for behavioural advertising. Find out more here: www.youradchoices.com/control.

  • Use your mobile device settings to configure your advertising preferences.

  • Visit Your Online Choices here to opt out of various interest based advertising www.youronlinechoices.com/uk/.

  • Hotjar: You may opt-out from having Hotjar collect your information at any time here: www.hotjar.com/legal/compliance/opt-out.

  • Google Analytics: If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-Out Browser Add-On by following the instructions here: tools.google.com/dlpage/gaoptout. You may opt out of Google's use of Cookies by visiting the Google advertising opt-out page herewww.google.com/policies/technologies/ads/.

  • Facebook Ads: You can control how Facebook uses data to show you ads by turning off ads which may be based on interests and / or your relationship with specific advertisers, in your ad preference settings. For further information, please visit the various Facebook pages which allow you to learn more about Facebook ads and Cookies and to update your settings:

Please note that where you have opted out of receiving our email marketing communications via the methods described above under the section "Withdrawing consent or otherwise objecting to direct marketing", you may still see our non-targeted adverts whilst you are online, if your interests settings on Facebook are aligned to an audience segment (pre-defined by Facebook) which our business is also associated with. We do not control whether these ads are displayed to you.

In the case of third parties not specified in this section, please consult their relevant privacy & cookies policy to find out more about adverts displayed to you whilst you are online and how you can opt-out.

Obbyco Ltd Partner Terms & Conditions

This is a summary of our key Partner Terms and Conditions. It should not be a substitute for reading the full version below.

A. Communication with Obby

i. You will provide us with accurate, full and truthful information about your company and your classes / courses / workshops.

ii.You will provide up to date price and availability information for your classes, for when they are full or if you change the price, via your Partner Dashboard.

B. Booking confirmation

i. When receiving a booking from Obby, you should respond to the booking notification email (by clicking “accept” if there is availability, or “reject” if not) within 24 hours.

C. Cancellation policy

i. Obby has a cancellation / rescheduling policy for both our partners and customers of 7 days. However, if you have a cancellation policy with better terms, Obby will adopt such policy for your classes.

ii.If you need to cancel or change the date of a class for any reason you must notify Obby in no less than 7 days before the date of planned class date. You can do this either by sending us an email, calling us or using your Partner Dashboard

iii.Customers have the right to cancel or reschedule a booked class up to 7 days before the date of the class date for any reason. Obby will contact you to notify you of any cancellations / rescheduling requests as soon as we are made aware of them by our customer.

iv.Customer and class cancellations within 7 days are not allowed except in “exceptional circumstances”.

v.If a Partner cancels a class, unless in exceptional circumstances, within 7 days of the date of the commencement of the class then the customer will be notified immediately and offered the option to either reschedule their booking or ask for a full refund.

vi.If the customer chooses to reschedule to a new date, the Partner must accept this booking providing the new date has availability. If the customer chooses to have a full refund, Obby will process the refund immediately and the Partner will be charged a £10 cancellation fee which will be remitted in the next payment cycle.

Full Terms & Conditions

1.Definitions

“Agreement” means this agreement which sets out the terms and conditions upon which Obby shall provide the Obby Services to the Partner and which comes into effect on the Effective Date;

“Commission” means the commission, as set out in the Pricing Table, payable by the Partner to Obby (based on a percentage of the total value of an Order);

“Charges” means the Commission;

“Customer” means any person who purchases or receives the Partner Services;

Dated Booking” means an Order where at the time of making the Order the Customer books a time and/or date at which to receive those Partner Services;

“Distribution Channels” means any third party website or other media through which the Obby Services are from time to time provided;

DPA” means the Data Protection Act 1998 (as from time to time amended);

Effective Date” means the Partner beginning to receive the Obby Services – the date upon which the Partner ticks the box and confirms their acceptance of the terms and conditions of this Agreement or, if the Partner enters this Agreement pursuant to a meeting or other direct communication with Obby – the date on which the Partner is sent a confirmatory copy of the terms and conditions of this Agreement from Obby (which will usually be by email on the same day);

“Exceptional circumstances” means a set of circumstances which Obby deem to qualify for special treatment with regards to payment and cancellation terms. It is at Obby’s discretion as to what these are defined as and unless otherwise agreed these include:

-Unexpected death or serious illness of a host, guest or immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling);

-Serious injury that directly restricts a Customer’s ability to travel or a Partner’s ability to run a class;

-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure;

-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department);

-Endemic disease declared by a credible national or international authority (such as the US Centres for Disease Control or the World Health Organization);

-Severe property damage or unforeseen maintenance issues that directly impact the ability to host safely;

-Government-mandated obligations issued after the time of booking (ex: jury duty, court appearances, military or government assignments);

“Intellectual Property Rights” means all intellectual property rights on a world-wide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade marks, trade names, signs and other designations provided the foregoing are of a proprietary nature and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registerable rights, any applications made or rights to make applications in respect of any such rights; “Obby Verified Reviewer” means any person deemed to be part of the Obby ‘insider’ programme and who has permission to act as a verified reviewer on Obby’s behalf; “Order” means any order by a Customer for any of the Partner Services, (made via the Website);

Page(s)” means the internet page or pages and contents of the Partner’s designated section of the Website or Distribution Channels (including the Partner’s Obby “homepage” and each page for the Partner Services offered on the Website);

Partner” means the person, business or entity that is signing up to use Obby’s services and in so doing accepting the terms and conditions layed out in this document;

Partner Dashboard” means the dashboard the Partner uses to add and update information about its classes/courses/workshops.

Partner Services” means the class/course or other goods and services which the Partner is in the business of providing and supplying to Customers and which are marketed to the public by the Partner through use of the Obby Services;

Partner Content” means any information, documentation, equipment, software or other material (which may include the Partner name, logo and any other brand features and Intellectual Property Rights) which may be published on the Page(s) pursuant to this Agreement;

Pricing Table” means the table on the signup page which lists out each of the Obby Services and their respective Commission;

Obby” means Obbyco Limited (t/a Obby), a company registered in England under company number 10018497 and whose registered office is at 110 Cliftton Street, Stapleton House, 2nd Floor, London, EC2A 4HT;

“Obby Services” means the benefits and services a Partner may receive from Obby, as set out in the Pricing Table, in return for paying the Charges;

Website” means the website at www.obby.co.uk and any other domain owned by the business.

2.Obby Services

2.1.In consideration of payment by the Partner of the Charges and the Partner performing all its other obligations herein and subject to the terms and conditions of this Agreement, Obby shall provide the applicable Obby Services to the Partner.

2.2.In respect of all Orders, whether or not Obby processes payments on behalf of the Partner, Obby shall act as agent at law for the Partner and nothing herein shall prevent or limit the Partner from remaining fully responsible and liable for their provision and supply of Partner Services to Customers.

2.3.Obby may in its sole discretion, change the rate of Commission at anytime on 30 days’ notice to the Partner, either by specific notice or by updating the Pricing Table (“Pricing Change Notice”). If the Partner, as a result of a Pricing Change Notice wishes to change the Obby Services it receives, it must provide notice to Obby. In all other circumstances, changes to the Obby Services received by the Partner may only be made in accordance with Clause 2.2.

3.Partner Obligations

3.1.In consideration of receiving the Obby Services, the Partner agrees to pay all applicable Charges and to accept all Orders and process and supply the Partner Services to the highest industry standards and in line with any specific terms and conditions set out in this Agreement generally, and particularly this Clause 3.

3.2.The Partner must accept all Orders and may only decline to accept the same if they have no availability on the date requested – otherwise the Partner shall be considered to be in material breach of this Agreement.

3.3.The Partner will be responsible, other than in exceptional circumstances, for confirming receipt of each Order using the confirmation link in the Obby order confirmation email as soon as possible.

3.4.If a Partner has not responded to an Obby order confirmation email within 24 hours, Obby will have the right to take such action in respect of the Order as it deems reasonable in its sole discretion (including cancelling the Order).

3.5.The Partner will provide Obby with accurate, full and truthful information about the Partner’s company and the Partner’s classes / courses / workshops.

3.6.The Partner will receive notification via email once the Partner’s profile and first class has been made live on Obby.

3.7.The Partner will provide up to date information to Obby using the Partner Dashboard with regards to it’s classes, including but not limited to:

3.7.1.New dates and classes that the Partner adds to it’s class timetable;

3.7.2.Changes in price for classes listed with Obby;

3.7.3.Lack of capacity on “fully booked” classes.

3.8.Any failure to do so will be considered a material breach of this Agreement.

3.9.The Partner will provide 1 fully discounted booking the an Obby Verified Reviewer on accepting these terms. Obby can choose to use the fully discounted booking at any time as according to its Verified Reviewer policy.

3.10.If Obby receives a booking at a price originally provided by the Partner and the Partner has failed to update Obby on any changes then Obby are not liable to cover the difference in cost.

3.11.Obby has a cancellation / rescheduling policy for both Partners and Customers of 7 days. However, if the Partner has a cancellation policy with better terms, Obby will adopt such policy for the Partner’s classes.

3.12.If the Partner needs to cancel or change the date of a class for any reason the Partner must notify Obby in no less than 7 days before the date of planned class date.

3.13.Customers have the right to cancel or reschedule a Dated Booking up to 7 days before the date of the class for any reason. Obby will contact the Partner to notify the Partner of any cancellations / rescheduling requests as soon as we are made aware of them by the Customer.

3.14.If the Customer requests to reschedule and the Partner has availability in future classes the Partner must accept the rescheduled booking.

3.15.Customer and class cancellations within 7 days are not allowed except in exceptional circumstances.

3.16.If a Partner cancels a class, unless in exceptional circumstances, within 7 days of the date of the commencement of the class then the customer will be notified immediately and offered the option to either reschedule their booking or ask for a full refund.

3.17.If the customer chooses to reschedule to a new date, the Partner must accept this booking providing the new date has availability.

3.18.If the customer chooses to have a full refund, Obby will process the refund immediately and the Partner will be charged a £10 cancellation fee which will be remitted in the next payment cycle.

3.19.The Partner is responsible for ensuring that all Partner Content (especially details of and prices for the Partner Services) that provides to Obby to publish on the Page(s) is accurate, correct and not misleading.

3.20.The Partner must supply the Partner Services at a price which is the best available rate offered directly in the Partner’s venue or through other public or widely available channels of the Partner and notify Obby when applying any discounted prices to upcoming Partner services. If a Customer provides proof of a better price available elsewhere for Partner Services booked through use of the Obby Services, Obby reserves the right to refund the Customer the difference and adjust the amount of any payments due to the Partner in connection with those Partner Services accordingly.

3.21.The Partner, in particular, is responsible for setting out any terms and conditions that will apply to Customer Orders (including their cancellation and refund policy – which must be in line with clause 3.15 above).

3.22.The Partner is responsible for ensuring that it has all necessary and legally required insurance needed to operate under UK law. This includes, but is not limited to; Public Liability Insurance, Employers Liability Insurance, Food Hygiene Certificates and Disclosure and Barring Service Checks.

4.Customer Service and Complaints

4.1.The Partner shall use best endeavours to provide top quality Partner Services to all Customers and shall promptly deal with any sales enquiries, matters or issues relating to Orders or potential Orders including dealing with Customer complaints.

4.2.The Partner shall be directly responsible to the Customer for any failure to fulfil the Customer’s expectations or for any other legal liability which arises in respect of the Partner Services, save where such liability arises as a result of Obby’s negligence.

4.3.The Partner hereby acknowledges and accepts that the Website includes a reviewing platform, upon which Customers may post publicly viewable reviews about their experiences with Obby and with the Partner (particularly in relation to the Partner Services) (“User Generated Content”). The Partner should note that this platform may not be opted out from

and may from time to time contain negative reviews and/or feedback from consumers, which is outside Obby’s control. For the avoidance of doubt, the Partner shall have no right to any remedy (including without limitation, any right to terminate this Agreement) as a result of any User Generated Content naming or referring to the Partner. However, if the Partner, acting reasonably, feels that any User Generated Content is defamatory of the Partner or any person or in some other way is a violation of any person’s legal rights, the Partner may flag and report that User Generated Content to Obby. In such case, Obby shall review the same and in its sole discretion take any action it deems necessary or desirable (including, for example, removing or amending the relevant piece of User Generated Content).

5.Customer data

5.1.Obby shall be the “data controller” (as defined by the DPA) of Customer information collected through Connect pursuant to this Agreement and the Partner may only use that Customer information for the purposes of fulfilling Orders.

5.2.The Partner shall comply with any notification requirements under the DPA.

5.3.The Partner may not use Customer information collected through Obby for any purpose other than fulfilment of the Order. For the avoidance of doubt: even though the Partner will have access to the contact details of Customers, this does not give the Partner the right to copy, use or exploit the Customer information for any other purpose and, particularly does not give the Partner the right to send the Customer marketing or promotional communications. Breach of this Clause will be a material breach of contract.

5.4.This Clause shall survive the termination or expiry of this Agreement.

6.Partner Warranties and Indemnity

6.1.The Partner shall provide Obby with any Partner Content it reasonably requires to be provided with in order to supply the Obby Services.

6.2.The Partner warrants that all Partner Content it supplies to Obby in connection with this Agreement and/or publishes (or provides to Obby for publication) on the Website (and the Distribution Channels, if applicable) will be accurate in all material respects and shall not infringe any other person’s rights (including Intellectual Property Rights) or be defamatory, unlawful, offensive, threatening, or pornographic or otherwise falling below general standards of taste and decency.

6.3.The Partner hereby grants Obby the right:

a.to use and publish the Partner Content in connection with the provision of Obby Services;

b.to remove, edit, cut-down or otherwise amend Partner Content published on any Pages, including without limitation where such Partner Content does not, in Obby’s opinion comply with the warranties at Clauses 6.1 and/or 6.2, or is otherwise in breach of the terms of this Agreement; and

c.to bid on "Pay Per Click" terms and adwords and make use of search engine optimisation services etc. that embody, incorporate or quote (in whole or part) the trading name of the Partner or any brands used in connection with the Partner Services.

6.4.The Partner warrants, represents and undertakes that it shall comply with all applicable laws and advertising regulation in the marketing, sale and provision of the Partner Services and shall obtain all licences, consents, authorities and insurance it is either necessary or reasonably prudent for the Partner to obtain in respect of all its business activities and personnel (but especially in connection with the provision of Partner Services).

6.5.The Partner hereby agrees to indemnify, keep indemnified and hold harmless Obby and its officers, directors and employees, from and against any and all claims, demands, obligations, actual or alleged causes of action and lawsuits and all damages, liabilities, fines, judgments, costs (including settlement costs), and expenses associated therewith (including the payment of reasonable legal charges and disbursements) arising out of or in connection with any breach by the Partner of any term of this Agreement or arising out of any action brought by any third party relating to the Partner Services provided (or not provided), or actions (or failure to act), of the Partner or any person (other than Obby) acting on its behalf, including, without limitation any action brought in connection with any Partner Content or a Customer visit to the Partner's venue.

6.6.This Clause shall survive the termination or expiry of this Agreement.

7.Payment Terms

7.1.In respect of Orders made on the Website – as the Customer prepays the full amount payable in relation to that Order – settlement by the Partner of the Commission due to Obby will be made by way of retention by Obby of the applicable amount prior to onward remittance to the Partner of the balance of the amount received from the Customer.

7.2.Unless otherwise agreed in writing, onward remittance of amounts due to the Partner will be made on the last working day of the calendar month in which the class has taken place.

8.Term of the Agreement

8.1.The term of this Agreement is one year commencing on the Effective Date and will continue to renew automatically for successive one year terms unless terminated in writing on not less than 30 days’ written notice by either party, such notice to expire only at the end a one year term.

8.2.Either party shall be entitled to terminate this Agreement with immediate effect by written notice for any reason.

9.Confidentiality

9.1.Each party acknowledges that, whether by virtue of and in the course of this Agreement or otherwise, it may receive or otherwise become aware of information relating to the other party, their marketing plans, their clients, customers, businesses, business plans, finances, technology or affairs, which information is proprietary and confidential to the other party (“Confidential Information”).

9.2.Each party undertakes to maintain and procure the maintenance of the confidentiality of Confidential Information at all times and to keep and procure the keeping of all Confidential Information secure and protected against theft, damage, loss or unauthorised access, and not at any time, whether during the term of this Agreement or at any time thereafter, without the prior written consent of the owner of the Confidential Information, directly or indirectly, to use, disclose, exploit, copy or modify any Confidential Information, or authorise or permit any third party to do the same, other than for the sole purpose of the performance of its rights and obligations hereunder.

9.3.The terms of and obligations imposed by this Clause 10 shall not apply to any Confidential Information which:

a.at the time of receipt by the recipient is in the public domain;

b.subsequently comes into the public domain through no fault of the recipient, its officers, employees or agents;

c.is lawfully received by the recipient from a third party on an unrestricted basis;

d.is already known to the recipient before receipt hereunder.

9.4.The recipient may disclose Confidential Information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.

9.5.This Clause shall survive the termination or expiry of this Agreement.

10.Liability

10.1.Subject to Clause 10.2, Obby’s maximum aggregate liability under or in connection with this Agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the Charges payable to Obby hereunder. Further, Obby shall not be liable for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

10.2.Nothing in this Agreement shall exclude or in any way limit Obby’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.

10.3.This Clause shall survive the termination or expiry of this Agreement.

11.Miscellaneous

11.1.All rights to the Website and the content on it (save for Partner Content) (and all other Intellectual Property Rights belong to or licensed to Obby) remain vested in Obby at all times. Nothing in this Agreement shall give the Partner any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith.

11.2.In the event of a change of control or senior management of the Partner, the Partner must bring the existence and terms of this Agreement to the new owner or manager’s attention and inform Obby of the relevant new personnel’s contact details.

11.3.Any notice, invoice or other communication which either party is required to serve on the other party shall be sufficiently served if sent to the other party at the address specified in this Agreement (or such other address as is notified to the other party in writing or by email).

11.4.Any valid alteration to or variation of this Agreement must be in writing and agreed on behalf of each of the parties.

11.5.The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or co-owners.

11.6.Neither party may assign, transfer, charge, sub-contract or otherwise deal with any part or all of this Agreement without the prior written consent of the other party (not to be unreasonably withheld, conditioned or delayed).

11.7.A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

11.8.The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.

11.9.If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.

11.10.This Agreement contains all the terms agreed between the parties regarding its

subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

11.11.This Agreement shall be governed and interpreted in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the English courts to settle any dispute arising out of or in connection with this Agreement.

Booking Terms and Conditions Summary

This is a summary of our key Booking Terms and Conditions. It should not be a substitute for reading the full version below.

  • The Services you can buy or book via Obby are sold by our Partners and not by us. We are only responsible for arranging and concluding your booking and we have been appointed by our Partners to act as their commercial agent to do so.

  • If you pay for Services from our Partners through our Website or our App, we may collect and receive your payment on behalf of the relevant Partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Partner for the Services.

  • The contract for the Services is directly between you and the relevant Partner. We are not liable for the Services you receive from our Partners. However, please do let us know if you encounter a problem or if the Service you receive at a venue falls short of your expectations and we'll do our best to help.

  • Please check all details and any restrictions relating to a Service thoroughly before booking.

  • Please ensure that any medical or other allergy/health information is disclosed to Partners before your appointment or stay.

  • If you want to reschedule or cancel a Dated Booking (and provided that rescheduling or cancellation (as applicable) is not prohibited by these Booking Terms and Conditions) this must be requested and completed by either:

    • using your Obby account via the Website;

    • following the link in your Order Confirmation email; or

    • emailing our Customer Care team at hello@obby.co.uk.

  • If you want to cancel an "Anytime" booking (and provided that cancellation is not prohibited by these Booking Terms and Conditions) this must be requested and completed by either:

    • using your Obby account via the Website;

    • following the link in your Order Confirmation email; or

    • emailing our Customer Care team at hello@obby.co.uk.

  • If you want to cancel an Obby Gift Card (and provided that cancellation is not prohibited by these Booking Terms and Conditions) this must be requested and completed by either:

    • using your Obby account via the Website;

    • following the link in your Order Confirmation email; or

    • emailing our Customer Care team at hello@obby.co.uk.

  • Rules regarding cancellation vary depending on whether you have purchased a Dated Booking, an "Anytime" class or an Obby Gift Card:

  • You may cancel a Obby Gift Card within 24 hours of receiving your Order Confirmation - and we can offer you a full refund, unless you have already used it to make a booking.

  • You may cancel a Dated Booking within 24 hours of receiving your Order Confirmation provided the appointment is not due to take place in the next 24, 48 or 72 hours, as selected by the Partner. In such cases we can offer you a full refund. If however the appointment is due to take place within the next 24, 48 or 72 hours, as selected by the Partner, you will not be entitled to a refund or a credit note.

  • If you wish to cancel a Dated Booking more than 24 hours after receiving your Order Confirmation, and provided the applicable booking is not due to take place within the next 7 days, you will be entitled to a full refund of the applicable amount via the original method of payment.. If however the appointment is due to take place within the next 7 days, you will not be entitled to a refund or a credit note.

  • If you want to talk to us, please get in touch with our team and we'd be happy to help:

    • Email:help@obby.co.uk

    • Post: Obby, Huckletree West, 191 Wood Lane, Shepherd�s Bush, W12 7FP

Booking Terms and Conditions (Full)

Please read these Booking Terms and Conditions carefully before you complete any transactions via the Website, as these "Booking Terms and Conditions" will apply to your transaction. We recommend that you print a copy of these Booking Terms and Conditions for future reference. If you do not agree with these Booking Terms and Conditions, you must not use our Website to make a booking.

  1. Defined Terms

    For ease of reference the following terms shall having the following meanings in these Booking Terms and Conditions:

    1. "Customer", "you" and "your" means you, the buyer of any Services;

    2. "Dated Booking" means a booking at a specific time/date with a particular Partner for the provision of Services;

    3. "Order" has the meaning given in clause 19 below;

    4. "Order Confirmation" has the meaning given in clause 19 below;

    5. "Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website;

    6. "Partner Contract" has the meaning given in clause 20 below;

    7. "Partner Terms and Conditions" means any Partner terms and conditions of sale and/or of business (including without limitation that Partner's privacy policy, booking policy, delivery policy, health and safety policy, and returns/refund policy - as applicable)

    8. "Services" means any products, goods and/or services of a Partner offered for purchase or booking via the Website;

    9. "Obby Contract" has the meaning given in clause 18 below; and

    10. "Obby gift card" means any gift card issued by Obby and which may be redeemed on the Website to discount the purchase price of Services, in accordance with the clauses below. Obby Gift Cards are available for purchase in any denominations.

  1. Introduction and relationship between you, us and third party partners

    1. This Website is operated by Obbyco Ltd. (t/a Obby), a company registered in England under company number 10018497 and whose registered office is at 110 Clifton Street, Stapleton House, 2nd Floor, London, EC2A 4HT, ("Obby", "us", "we" or "our" for short).

    2. The Website allows you to book and pay for a broad range courses from a variety of providers (our Partners). Those Services are provided by our various Partners and not by us. Obby is responsible for taking and concluding your bookings as the commercial agent of the relevant Partners. The provision of the Services booked via our Website is the responsibility of the Partner which provides them. In the event you pay for Services via the Obby Website, then your payment will either be paid directly to the relevant Partner or will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agent on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.

    3. The legal implication of this is that in when you purchase Products/Services, it will create two binding legal contracts:

      • a contract between you and Obby (under which Obby has certain responsibilities to you in relation to the purchase or booking) (the "Obby Contract"). That contract is made based on these Booking Terms and Conditions; and

      • a contract between you and the relevant Partner in respect of the provision or supply of the Products/Services which you book through the Website (the "Partner Contract"). That contract may include separate Partner Terms and Conditions, which we will notify you of before you make a booking either on the relevant Partner's page on the Website or by way of a link to such Partner Terms and Conditions from that Partner's page on the Website.

      • All Services available for purchase on the Website are offered by Obby on behalf of its Partners. That is, Obby takes and concludes your bookings as a commercial agent for its Partners. Therefore, we are not responsible or liable to you for the actual Services that are booked through the Website (including those services purchased using the Obby Gift Card).

      • We amend these Booking Terms and Conditions from time to time as set out in clauses 25. Every time you wish to make a transaction on the Website, please check these Booking Terms and Conditions to ensure you understand the terms which will apply at that time.

  1. Orders and how the contract is formed between you and us

    1. There are two types of orders ("Order") you can make on the Website: (a) Orders for Services and (b) Orders for Obby Gift Cards.

    2. In respect of Orders for Services, there are two ways you can place your Order:

      • a Dated Booking; or

      • an "Anytime Booking"

  1. Services

    1. Our Partners are under a legal duty to provide Services that are in conformity with the relevant Partner Contract.

    2. All Services shown on the Website are subject to availability and the images and/or descriptions of the Services on the Website are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website is accurate, complete and not misleading in any way but we cannot verify the information which they provide to us. It will be each Partner's responsibility to ensure that all of its Services listed on the Website are available and accurately described.

    3. If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.

    4. It is your (or the person receiving the Services) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to Obby or to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clauses 31 to 33, if you (or the relevant recipient of the Services) fail to disclose any such information to the applicable Partner, neither Obby nor the relevant Partner shall be liable to you (or the recipient of the Services) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services) had disclosed that information prior to receiving the Services.

  1. Cancellations

    1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or Obby Contract (as applicable) and receive a refund or a credit note in accordance with the terms set out in clauses 20 and 21.

    2. If you change your mind about an Order for a Dated Booking or an Obby Gift Card and wish to cancel it, the following cancellation terms apply:

      • Dated bookings

        1. If you cancel (in whole or in part) a Dated Booking within 24 hours of receiving your Order Confirmation you will be entitled to a full refund of the applicable amount via the original method of payment.

        2. If you cancel (in whole or in part) a Dated Booking more than 24 hours after receiving your Order Confirmation provided the applicable booking is not due to take place within the next 7 days (or in some cases as determined by the relevant Partner), you will be entitled to a full refund of the applicable amount via the original method of payment.

        3. If the booking is due to take place within the next 7 days, you will not be entitled to any refund or credit note. The booking may however be transferred to another person at no additional cost (e.g. you may find a friend to take your place on the experience and ask them for the money).

        4. If permitted by these Booking Terms and Conditions and the relevant Partner Terms and Conditions, cancellations of Dated Bookings must be made by one of the following methods:

          • Emailing our Customer Care team on hello@obby.co.uk.

          • Please note that in a small number of circumstances it may not be possible to cancel a dated booking but we will draw this to your attention before you place your order so that you can decide whether or not you are prepared to proceed with entering into the contract on that basis.

      • Obby Gift Cards

        1. A refund of the applicable amount via the original method of payment is possible if you cancel (in whole or in part) an Obby Gift Card within 24 hours of receiving your Order Confirmation, provided you have not already used it to book a booking.

        2. If permitted by these Booking Terms and Conditions and the relevant Partner Terms and Conditions, cancellations of Obby Gift Cards must be made by one of the following methods:

          • Via the Website;

          • Following the link in your Order Confirmation email; or

          • Emailing our Customer Care team on hello@obby.co.uk.

          • Please note that no refund will be given where a cancellation is attempted 7 days or less from the date of a booking.

        3. Please note that no refund will be given where a cancellation is attempted once an Obby Gift Card has been fully redeemed, either via a booking with a partner being booked or by being redeemed against another purchase.

        4. Please also note that where a cancellation is attempted once an Obby Gift Card has been redeemed in part, either via a booking with a partner being booked or by being redeemed against another purchase. No refund will be given in respect of the redeemed part of the Obby Gift Card.

        5. If permitted by these Booking Terms and Conditions and the relevant Partner Terms and Conditions, cancellations of Dated Bookings must be made by one of the following methods:

          • Emailing our Customer Care team on hello@obby.co.uk.

          • Please note that in a small number of circumstances it may not be possible to cancel a dated booking but we will draw this to your attention before you place your order so that you can decide whether or not you are prepared to proceed with entering into the contract on that basis.

          • Please note that no refund will be given where a cancellation is attempted 7 days or less from a booking.

    1. The Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each stage of the Order process and before finally submitting your Order.

    2. We are appointed as the commercial agent of the Partner to conclude bookings on its behalf and the Partner Contract will be formed when we send you a written confirmation (usually by email) ("Order Confirmation"). In respect of Orders for Obby Gift Cards, receipt of an electronic voucher (if earlier) will count as an Order Confirmation.

    3. For Dated Booking Orders, if you wish to reschedule your booking details (time/date) (in whole or in part) after you have received an Order Confirmation, provided your booking is not due to take place within the next 7 days, then please contact us and we will endeavour to offer you a suitable alternative booking time and/or date. If we are unable to accommodate your request to reschedule your booking:

      • if you contacted us to do so within 24 hours of receiving your Order Confirmation, we will offer you a refund in respect of the part of your Order which we are unable to reschedule; or

      • if you contacted us to do so 24 hours or more from receiving your Order Confirmation, provided the booking was not due to take place within the next 7 days from the time you asked to reschedule (such timeframe as determined by the Partner and notified to you on making your Order), we will offer you a refund in respect of the part of your Order which we are unable to reschedule; or

      • if you contacted us to do so 24 hours or more from receiving your Order Confirmation, and the booking is due to take place within the next 7 days from the time you asked to reschedule (such timeframe as determined by the Partner and notified to you on making your Order), you will not be eligible for a refund in respect of your Order.

    1. You can contact us to reschedule a booking at hello@obby.co.uk, via the Website or by following the link in your Order Confirmation email. Please note that our ability to accommodate your request will be subject to the Partner's availability during the time you wish to reschedule.

    2. If you wish to cancel an Order before you have received an Order Confirmation, please notify us immediately by emailing hello@obby.co.uk. If you wish to cancel a Partner Contract (i.e. if you wish to cancel an Order after you have received an Order Confirmation), please refer to our cancellation policy in the Cancellations clauses below.

    3. Please note, as set out in our Website Terms of Use, we reserve the right to withdraw access to our Website and/or cancel any Order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.

  1. Obby Gift Cards

    1. Obby Gift Cards are issued by Obby. You may only redeem an Obby Gift Card against Obby for Orders placed online through the Website for Services. This means that we will reduce the purchase price payable for the Services or by the equivalent value on your Obby Gift Card. If the purchase price of Services is less than the value of your Obby Gift Card, any remaining balance on your Obby Gift Card will be issued to you as a different Obby Gift Card until balance is 0.

    2. Obby Gift Cards are only cancellable in accordance with clause 21. You cannot use an Obby Gift Card to

      • pay for Services at a Partner's own venue or on their own website;

      • purchase additional Obby Gift Cards; or

      • exchange the balance on an Obby Gift Card for cash.

    3. Your Obby Gift Card balance will remain valid for twelve months after the date of purchase. The exact expiry date will be included in the Gift Card email itself. If Obby ceases to trade or enters administration all Obby Gift Cards will become non-redeemable.

    4. In accordance with your Order, Obby Gift Cards will be delivered electronically.

  1. Price and payment

    1. Prices and any applicable delivery and/or processing charges will be as quoted on the Website from time to time, but may be subject to change by Obby or Partners at any time (in which case the Website will be updated accordingly, but changes will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published on the Website).

    2. Prices include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services.

    3. The Website contain details of a number of Services and it is possible that, despite Obby�s best efforts, some of the pricing and other information shown for certain Services is incorrect.

    4. Payment for all Services must be made at the time of booking in pounds sterling by credit or debit card, or via a third party payment processor such as Stripe or by using the online payment facility ("Payment Facility"). If you do choose to pay via a third party payment processor, you will be redirected to their site to make payment and will be subject to their terms and conditions, privacy policy and other terms of use. Please check those carefully before confirming your booking You will be responsible for protecting the confidentiality of your Website and any password or other security information used by you to access your account on the Payment Facility. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.

    5. Payments made through the Payment Facility are processed by third party payment services providers. Obby takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.

    6. If you pay for Services via the Payment Facility, Obby will collect the payment in its capacity as the commercial agent of the relevant Partner. Once Obby has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf Obby has collected the payment.

  2. Liability

    1. Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the Obby Contract.

    2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.

    3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.

  3. Our right to vary these Booking Terms and Conditions

    1. We may revise these Booking Terms and Conditions from time to time in the following circumstances:

      • if we change the process for accepting payment from you;

      • if there are changes in relevant laws and regulatory requirements; and/or

      • if there are any other changes to our business that reasonably means we need to amend these Booking Terms and Conditions.

    2. Every time you order Services or Obby Gift Cards via the Website, the Booking Terms and Conditions in force at that time (and available for view on the Website) will apply to the Obby Contract between you and us. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page.

  1. General

    1. All communications and notices from you must be sent to Obby by email at hello@obby.co.uk or by post to: Obby, 110 Clifton Street, Stapleton House, 2nd Floor, London, EC2A 4HT. Obby may communicate and give notice to you via post, email or by posting notices on the Website.

    2. Please note our customer support hours are: 8am-8pm Monday to Friday.

    3. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

    4. These Booking Terms and Conditions will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website.

  1. The Obby Guarantee

    1. The Obby Guarantee states that 'If your class doesn't reach your expectations, we'll give your money back."

    2. For a one-off class, you must contact Obby within 7 days of the class date to be eligible to receive a full refund, at that point Obby has the right to investigate any claims made by you with the class host and has 30 days to resolve any issues that may arise.

    3. For a block booking or course, you must make contact with Obby before the 3rd session of the course and decide that it is not suitable and you would like a refund. If you complete a block-booking or course of 3 or more sessions and have not notified Obby before the 3rd session, you will not be eligible to claim back on the Obby guarantee.

    4. If you fail to read the class description in full and want to make a claim based on a factor included in the description (for example class size, structure or materials) you will not be eligible for a refund.

    5. If you would like to claim money back for a class or course that does not reach your expectations please email hello@obby.co.uk with details of your booking and the reasons why you are eligible for a refund.