OUR TERMS & CONDITIONS FOR USE OF SAFETY REVOLUTION SERVICES

  1. These terms

    1. What these Terms & Conditions cover. These are the Terms & Conditions on which we permit access to and use of the Safety Revolution software (“SR Software“) and the associated mobile application (the “App“) (collectively “Services“) by individuals and entities (“you“) who:
      1. make use of the free-to-use version of the Services, which is provided free of charge (“Free Version“); and/or
      2. purchase a subscription (“Subscription“) for users (“Authorised Users“) to use, during the term of the Subscription (“Subscription Term“), the paid-for version of the Services (“Paid Version“), as set out in our confirmation of your order on the App or on our site (“Subscription Confirmation“).
    2. PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS. IT IS A CONTRACT BETWEEN YOU AND SAFETY REVOLUTION LTD (“WE”, “OUR” OR “US”), AND APPLIES TO YOUR ACCESS AND USE OF THE SERVICES. ACCESS TO AND USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU WILL NOT BE ABLE TO CREATE AN ACCOUNT FOR THE SERVICES AND WILL NOT BE ABLE TO ACCESS THE SERVICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US OR DOWNLOAD THE APP. THESE TERMS & CONDITIONS TELL YOU WHO WE ARE, HOW WE WILL PROVIDE OUR SERVICES TO YOU, HOW YOU AND WE MAY CHANGE OR END THE CONTRACT, WHAT TO DO IF THERE IS A PROBLEM AND OTHER IMPORTANT INFORMATION. IF YOU THINK THAT THERE IS A MISTAKE IN THESE TERMS, PLEASE LET US KNOW.
    3. In these Terms & Conditions, “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. Information about us and how to contact us

    1. Who we are. We are Safety Revolution Ltd, a company registered in England and Wales. Our company registration number is 04957321 and our registered office is at 1e Witney Office Village Network Point, Range Road, Witney, Oxfordshire, OX29 0YN. Our registered VAT number is GB 831327157.
    2. How to contact us. You can contact us by telephoning our customer service team at 831327157 or by emailing us at info@safetyrevolution.co.uk
    3. How we may contact you. If we have to contact you we will do so by telephone, email, SMS text or by writing to you using the contact information that you provided to us in your order or download of the app.
  3. Our contract with you

    1. We may offer a Free Version. If so, and if you are using the Free Version, our contract with you will commence at the moment that you create an account with us.
    2. We may offer a Paid Version. If so, and if you are using the Paid Version, our contract with you will commence at the time that we accept your order of the purchase of a Subscription via the online payment system, Stripe. Unless stated otherwise, our acceptance of your order will take place at the time of successful payment of a Subscription. We will send you a Subscription Confirmation
    3. If we cannot accept your order, we will not charge you for the Paid Version (and any access to the Paid Version will be terminated). This might be because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    4. We reserve the right to refuse to provide the Services to anyone in our discretion and we reserve the right to terminate or suspend any account or access at any time for any reason.
    5. These Terms & Conditions shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms & Conditions.
    6. Your use of the Services shall be governed by these Terms and Conditions except where any of these provisions specifically refer to their application to the Free Version and/or the Paid Version. In the event of any conflict between the provisions that apply to the Free Version and the Paid Version, then the terms for the Paid Version shall take prevail..
  4. User Licence: Free Version

    1. If we offer a Free Version and you are using the Free Version, then we, subject to the other provisions of these Terms & Conditions, hereby grant to you a non-exclusive, revocable, non-transferable right, without the right to grant sublicences, to use the Free Version solely for your internal business operations. We may terminate this licence, without any liability to you, at any time on giving you reasonable notice.
    2. Authorised Users may be invited to use the Free Version and such invite must be accepted by the Authorised User by setting up their own individual user account which is password protected.
  5. User Licence: Paid Version

    1. If we offer a Paid Version and you are using the Paid Version, then, subject to:
      1. you purchasing a Subscription in accordance with these Terms & Conditions and the subscription details as set out in your Subscription Confirmation;
      2. the restrictions set out in this clause 5; and
      3. the other provisions of these Terms and Conditions,we hereby grant to you a non-exclusive, revocable, non-transferable right, without the right to grant sublicences, to use the Paid Version, and to permit the Authorised Users to use the Paid Version, during the Subscription Term solely (if you are a business) for your internal business operations.
    1. Authorised Users may be invited to use the Paid Version and any such invite must be accepted by the Authorised User by setting up their own individual user account which is password protected.
    2. On expiry of the Subscription Term, your Subscription will automatically renew for a further term at the prices in effect at the time that the auto-renewal takes place.
    3. In relation to the Authorised Users, you undertake that:
      1. the maximum number of users that you allow to access and use the Services shall not exceed the maximum number of Authorised Users as set out in your Subscription Confirmation;
      2. you will not allow or suffer any Authorised User account to be used by more than one individual unless it has been reassigned in its entirety to another individual, in which case the prior Authorised User shall no longer have any right to access or use the Services;
      3. each Authorised User shall have their own account and shall only use their account to access the Services and shall not allow any other persons (other than this permitted by us, if at all) to access the Services using their own account; and
      4. each Authorised User shall keep a secure password for their use of the Services, and that each Authorised User shall keep their password confidential. It is your responsibility and each Authorised User’s responsibility to keep user accounts, devices and passwords secure.
  1. Usage restrictions

    1. You shall not, and shall ensure that any Authorised Users shall not, access, store, distribute or transmit any viruses, or any material during your use of the Services which:
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      2. facilitates illegal activity;
      3. depicts sexually explicit images;
      4. promotes unlawful violence;
      5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; and/or
      6. is otherwise illegal or causes damage or injury to any person or property.
    2. You shall not, and shall ensure that any Authorised Users shall not, do any of the following:
      1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms & Conditions:
        1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App and/or the SR Software in any form or media or by any means; or
        2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App and/or the SR Software ; or
      2. access all or any part of the App and/or the SR Software in order to build a product or service which competes with any of the Services (or any other app) which we offer to our customers.
      3. use the App and/or the SR Software to provide services to third parties; or
      4. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the App and/or the SR Software available to any third party except the Authorised Users, or
      5. attempt to obtain, or assist third parties in obtaining, access to the Services and/or our systems, other than as permitted by us in accordance with these Terms & Conditions; or
      6. introduce or permit the introduction of any virus or vulnerability into our network and information systems.
    3. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the App and/or the SR Software and, in the event of any such unauthorised access or use, promptly notify us without delay.
    4. Where the App and/or the SR Software contains any code, services or other intellectual property of any third party, then:
      1. your use of the App and/or the SR Software may be subject to your acceptance of that third party’s terms and conditions;
      2. we, to the extent permitted by law, exclude all liability in relation to the App’s and/or the SR Software ‘s use of such third-party material; and
      3. any such third-party material shall remain the property of the third party or their applicable licensors.
    1. If you or any Authorised User breach the provisions of this clause 6, we reserve the right in our sole discretion, without liability or prejudice to our other rights, to immediately:
      1. suspend your account, access and/or Subscription; and/or
      2. refuse to provide the Services; and/or
      3. disable your, and/or any Authorised User’s, access to the Services provided by us and/or any of our group companies.
  1. Additional Authorised Users

    1. You may purchase Subscriptions for additional Authorised Users in excess of the number set out in your Subscription Confirmation.
    2. If you wish to purchase Subscriptions for additional Authorised Users, our online Subscription process shall evaluate such request for additional User Subscriptions and will automatically approve or reject the request.
    3. Any additional Authorised User accounts are subject to additional fees, which we will notify you of.
  2. Charges and payment

    1. Use of the Free Version is free of charge.
    2. Use of the Paid Version is subject to payment of subscription fees (“Subscription Fees“). You shall pay to us the Subscription Fees in accordance with this clause 8 and as set out in the Subscription Confirmation.
    3. If we offer a Paid Version, then unless the Paid Version is provided as part of other services provided to you by one of our group companies and payment terms are set out in the terms and conditions governing the provision of those services (in which case those terms and conditions shall apply), payment for use of the Paid Version must be made through the website. You must pay for the Paid Version before your Subscription goes live.
    4. On subscribing to the Paid Version, you will be asked to provide valid, up-to-date and complete bank card details or approved payment details acceptable to us and any other relevant valid, up-to-date and complete contact and billing details. You hereby authorise us to take payment in accordance with the payment terms as set out in the Subscription Confirmation, as amended by us from time to time to reflect changes in your Subscription from time to time.
    5. If payment is unsuccessful via the online payment system we use, Stripe (or such other provider which we use from time to time), your account and access to the Services will automatically be disabled. If manual payment is not received within 14 days after the due date, and without prejudice to any our other rights and remedies, we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide access to any or all of the Services while the outstanding charges remain unpaid.
    6. All amounts and fees stated or referred to in these Terms & Conditions:
      1. shall be payable in pounds sterling (or any other currency which we may, at our discretion, accept in the future);
      2. are, subject to clause 12, non-cancellable and non-refundable;
      1. are exclusive (unless stated otherwise) of value added tax (“VAT“). If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    1. We shall be entitled to increase the Subscription Fees for the Paid Version at any time on giving you reasonable notice.
    2. Please note that we are not responsible for any network charges incurred through your use of the Services, such as data roaming charges charged by your mobile phone network provider. Please check your agreement with your network supplier regarding data charges.
  1. Availability of the Services

    1. We will use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
      1. planned maintenance; and
      2. unscheduled maintenance, such as critical updates to resolve a problem.
    2. We do not make any guarantees that:
      1. your use of the Services will be uninterrupted or error-free; or
      2. the Services will meet your requirements; or
      3. the Services will be free from vulnerabilities.
  1. Proprietary rights

    1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services and user generated content. Except as expressly stated herein, these Terms & Conditions do not grant you or any third party any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services.
    2. We confirm that we have all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these Terms & Conditions.
  2. Our rights to make changes

    1. Minor changes to the Services. We may change the Services:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat.
    2. More significant changes to the Services and these Terms & Conditions. From time to time, we may make more significant changes to the Services and/or to these Terms & Conditions without notifying you. If you continue to use the Services following such a change, then you will be deemed to have accepted that change.
  3. Your rights to end the contract

    1. Subscriptions are non-cancellable and non-refundable. However, we may consider cancellation and refunds of Subscriptions in our discretion. Please contact us if you would like to discuss cancellations and refunds.
  4. Our rights to end the contract

    1. We may end the contract if you break it. We may end the contract if:
      1. you are paying through our manual invoicing system and you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, valid payment information;
      3. if you breach these Terms & Conditions in a material (i.e. serious) way which is not capable of remedy or, if such a breach is capable of remedy, is not remedied within 7 (seven) days of us giving you written notice to remedy.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the Services. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 (thirty) days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  5. If there is a problem with the product

    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 0281965 or write to us at info@safetyrevolution.co.uk.
  6. Our responsibility for loss or damage suffered by you: our limit of liability to you

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
      1. for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
      2. for fraud or fraudulent misrepresentation; or
      3. for breach of your legal rights in relation to the Services, such as the services we provide being required to be of satisfactory quality.
    1. Subject to clause 15.2:
      1. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common are, to the fullest extent permitted by applicable law, excluded from these Terms & Conditions; and
      2. we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms & Conditions; and
      3. our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to:
        1. where you are using the Free Version , £100 (one hundred pounds); or

        2. where you are using the Paid Version, the total Subscription Fees you have paid to us for the User Subscriptions in the 12 months immediately preceding the date of the event giving rise to a claim against us.

      1. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so, up to the value of our liability as set out in clause 15.3(a) above. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
    1. You assume sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you in connection with the Services, or for any actions taken by you.
    2. We work hard to ensure that the Services is free from faults, but we cannot guarantee whether or not the Services will be free from any known or unknown faults. Therefore, we provide the Services to you on an “as is” basis, meaning that we make no promises about whether the Services is free from any known or unknown faults (such as latent defects) and to the maximum extent permitted by law we provide no assurance, warranty or otherwise that the App will be fit for your needs.
    3. No information or content provide in the Services contains legal or regulatory advice. The Services is intended only to provide general assistance and does not give, and should in no circumstances be relied upon as giving, any regulatory or legal advice.
  1. How we may use your personal information

    1. When you use the Services we collect, process and use personal data about you. You can find out more about how we use your personal data in our Privacy Policy
    2. We will only use your personal data in accordance with our privacy policy. This will include us (or selected third parties) sending you marketing communications where you have given us your consent to do so. You can withdraw your consent to receive marketing communications at any time by contacting us by email: info@safetyrevolution.co.uk.
    3. Our use of aggregated data. We may collect, use and share aggregated data (i.e. so we can’t identify you) such as statistical or demographic data to establish statistics about the behaviour of users of the Services (as a whole, not about individuals). We may also use aggregated location data to identify trends and to provide information to third parties. This aggregated data may be derived from personal data for which we are a data controller or a data processor.The Services allows you to add the personal data of third parties (this data is referred to here as the “Added User Data”). If you are using the Services in the course of a business, this may be the personal data of your employees or contractors added to your account as part of the management of your business. For example, Added User Data could include the details of an accident that has taken place or particular licences or qualifications an employee holds. It is your responsibility to comply with all applicable data protection legislation in this respect, and to notify all of your employees, or any third party whose personal data is added to your account, as well as all Authorised Users (where applicable) in advance about the collection of their personal data in this way. If they have any further questions about how their personal data may be used by us, you should direct them to our Privacy Policy. We shall not be liable in any way for any claims brought against you (or us) by any third party using your account, or whose personal data you have added to account, related to any infringement of applicable data protection legislation. You are responsible for ensuring that you are entitled to provide us with the Added User Data (including by notifying the individuals concerned that you will be adding their personal data to your account) and that we are entitled to use the Added User Data in order to provide you with the functionality of the Services and you shall not, by act or omission, do, or permit to be done, anything which causes us to be in breach of our obligations in accordance with applicable data protection laws.
    1. You are responsible for ensuring the accuracy of all Added User Data and for deleting Added User Data from your account when it is no longer accurate/needed in accordance with applicable data protection laws and regulations. We shall not be liable for any Added User Data that you have added to your account.
    2. If you are using the Services in the course of a business, then this clause 16.5 applies. When you add Added User Data to your account, for the purposes of data protection laws:
      1. where we are processing that Added User Data for the purpose of providing you with health and safety consultancy services provided, you will be a data controller for that Added User Data and (subject to more limited scope in terms of the purpose for processing) we will also be a data controller for that Added User Data; and
      2. in all other cases, you shall be a data controller of the Added User Data and we shall be a data processor (i.e. the Added User Data is your responsibility and we are providing a service to you to allow you to include the Added User Data within your account) and the provisions of clause 16.6 shall apply. The Added User Data may include the name, email address, phone number, job title, health and wellbeing information, location data, actions they have carried out (such as completing a check or a service on a piece of equipment, or reporting an issue), training they have completed, their qualifications (including licences they hold), their schedule and any other information they provide you as part of their role that is added to your account and we shall process this Added User Data for the purpose of providing you with the functionality of the App and/or the SR Software .
      1. When we process Added User Data as a data processor on your behalf, the particulars of processing are as relates to our provision to you of the Subscription, and we shall:
        1. process Added User Data only on your instructions which are set out in these Terms & Conditions, except where we are required to do so by applicable laws. We shall notify you as soon as is reasonably practicable if we reasonably believe any instruction from you breaches (or could cause either party to breach) Data Protection Legislation;
        2. process Added User Data other than in accordance with clause 16.6(a) only if required to do so by applicable law, in which case we shall inform you of the relevant legal requirement before processing (unless making such disclosure to you would breach applicable law);
        3. ensure that all persons that we authorise to process the Added User Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
      1. keep complete and accurate records of all processing activity carried out by us in accordance with these Terms & Conditions as required by the Data Protection Legislation;
      1. implement, and at all times during your use of the Services, maintain, appropriate technical and organisational measures to protect the Added User Data (ensuring in each case a level of security appropriate to the risk, including in relation to any special categories of personal data) against unauthorised or unlawful processing or accidental loss or damage;
      2. not permit any third party to process Added User Data (“sub-processor”) without your general authorisation (granted by your acceptance of these Terms & Conditions and your continued use of the Services). We shall provide you with a list of sub-processors at your reasonable written request;
      1. promptly notify you in writing of any notices received by us relating to the processing of any Added User Data, including requests from individual data subjects in relation to the exercise of their rights (including subject access requests), complaints and/or correspondence from any regulatory body including any competent data protection supervisory authority, or on becoming aware of a personal data breach in relation to Added User Data;
      1. assist you in meeting your obligations regarding the exercise of data subjects’ rights in accordance with applicable data protection laws and regulations. This assistance will be provided by way of access to your account only and no further assistance will be provided;
      2. assist you in meeting your obligations under applicable data protection laws and regulations with respect to data security, breach notification, data protection impact assessments and prior consultation with or notification to a competent data protection supervisory authority. This assistance will be provided by way of access to your account and these Terms & Conditions only and no further assistance will be provided;
      3. when you delete your account, delete the Added User Data in accordance with our applicable retention policies unless we are required to retain it by applicable laws;
      4. at your reasonable request, make available to you all information necessary to demonstrate our compliance with this clause 16.6; and
      5. transfer the Added User Data outside of the UK or the European Economic Area only with your prior authorisation, such general authorisation being granted by your acceptance of these Terms & Conditions and your continued use of the Services for the transfer of the Added User Data to us and to our appointed sub-processors. We shall always put in place such protective measures to ensure that any such transfer complies with Data Protection Legislation.
    1. The following definitions shall apply to clause 16.6:

Data Protection Legislation: the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (commonly known as “GDPR”), the UK GDPR as adopted into national legislation in the UK, together with any and all other laws, regulations or other statutory instruments relating to the protection of personal data applicable to You and/or Us in any relevant jurisdiction.

process and processing: means as defined in the Data Protection Legislation.

  1. Other important terms

    1. We may transfer our contract with you to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms & Conditions to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms & Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and any dispute shall be submitted exclusively to the English courts.