Introduction
1. By using the Safety Network section of the Website www.britsafe.in you indicate that you accept this Safety Network Agreement (this “Agreement”).
Parties
2. This Agreement for the provision of the Service is subject to the terms and conditions set out in this document and is between British Safety Council (India) LLP, a limited liability partnership registered in Mumbai, Maharashtra under LLP identification number AAAK-2086, whose registered office is at #1302, Tower-3 India bulls Finance Centre, Senapati Bapat Marg, MUMBAI, Mumbai City, Maharashtra, 400013, India. (“BSC”) and you (the “Customer”).
Service
3. In this Agreement:
“BSC” means British Safety Council (India) LLP;
“Service” means an internet based means of accessing the information and features known as “Safety Network” and “Croner-I HR”;
“Site” means the Safety Network section of the Website www.britsafe.in
4. This Agreement shall also apply to Customer during any trial period.
Licence
5. BSC hereby grants to Customer a non-exclusive non-transferable licence to access and use the Service subject to the terms and conditions of this Agreement.
Amendments to the Service
6. Particular programs, information and facilities may be amended from time to time provided that any such changes will not substantially diminish the quality or scope of the Service.
Changes to this Agreement
7. BSC reserves the right to add to or change the terms of this Agreement at any time. It is Customer’s responsibility to check the terms on accessing this site.
Duration
8. This Agreement may be terminated by BSC or Customer at any time.
Permitted Acts - Use
9. In this clause 9:
“Data” means any information available on the Service;
“Extract” means insubstantial extracts from the Data; and
“Work Product” means Customer’s own documents, memoranda, advices, briefs and other materials whether in print or in electronic form created by Customer in the regular course of Customer’s principal business.
10. Customer may:
10.1. View Data (or parts thereof) on screen;
10.2. Print Data (or parts thereof);
10.3. Copy and supply an Extract (whether in hardcopy or electronically) to anyone within the same organisation; and
10.4. Reproduce an Extract in Work Product and supply in accordance with 3 above.
Permitted Acts - Storage
11. Customer may store (whether in hardcopy or electronically or both) Extracts (which may be incorporated in any Work Product) provided such stored material shall not be stored or used in any form of database whether current or archival the main purpose of which is for the storing and/or providing access to know-how.
Permitted Acts - Limitations
12. Except as expressly permitted by this Agreement or as made available to the Customer as part of the functionality of the Service, Customer may not in respect of the Data (or any part thereof) or Extracts (“Material”):
12.1. Copy, download, store, publish, transmit, transfer, sell or otherwise use the Material in any form or by any means;
12.2. Re-use, assume, decompile, reverse engineer, disassemble, attempt to discern the source code or interfere in any way with the Material;
12.3. Modify or make any alterations, additions or amendments to the Material;
12.4. Combine the whole or any part of the Material with any other software, data or material;
12.5. Create derivative works from the whole or any part of the Material; or
12.6. Sell, licence or distribute the Material to third parties or use the Material as a component of or as a basis for any material offered for sale, licence or distribution.
13. Customer shall use its reasonable endeavours to keep any Data stored (as permitted under this Agreement) secure and to prevent any third party duplicating or otherwise reproducing the same in whole or in part.
14. Customer shall, on notice from BSC or the copyright holder, immediately erase, delete and destroy all Material in its possession or control.
Copyright
15. Customer acknowledges that the copyright, trademarks, and all other intellectual property rights subsidising or used in connection with the Material and the Service are the property of CRONER GROUP LIMITED whose registered office is at Croner House, Wheatfield Way, Hinckley, Leicestershire, LE10 1YG (“CRONER”) (or its licensees) or BSC apart from existing Customer copyrights and trademarks. BSC warrants that it has all necessary rights to permit the Customer to use the Service as set out in this Agreement.
User name and password
16. BSC shall provide the Customer with the relevant user names and passwords to the Service via the single sign on procedure. The Customer must not disclose and must procure that the users do not disclose these user names and passwords to any third party.
Warranties
17. The Service is provided, subject to clause 15 only “AS IS” without warranty of any kind, express or implied, including but not limited to warranties of performance, availability, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currency, timeliness, delays.
Liability
18. BSC and CRONER shall not be liable to the Customer in contract, tort, delict or otherwise for any direct loss or any consequential loss including loss of revenue business, anticipated savings or profits, loss of goodwill or data howsoever arising suffered by Customer in connection with the Service (whether or not caused by the negligence of BSC or CRONER).
19. Further BSC and CRONER shall have no liability whatsoever for any liability of Customer to any third party which might arise in connection with the Customer’s use of the Service.
20. None of the terms of this Agreement shall operate to:
20.1. Exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of BSC and CRONER; or
20.2. Affect statutory rights where this Agreement is entered into as a consumer transaction (as defined by the Consumer Transaction (Restriction on Statements) Order 1976 as amended).
Disclaimer
21. Certain elements of the Service may contain material submitted by third parties or links to third party websites. BSC and CRONER accept no responsibility for the content or accuracy of such material or websites. It is a condition of use that all users accept full responsibility for the content they submit to the site.
22. Where material can be posted to the Service it is a condition of use of the Service that the user accepts full responsibility for the content they submit. User warrants that they will not post material that is obscene, indecent, objectionable, libellous, in breach of the Official Secrets Act or is racially prejudicial and further that publication of such content will not expose BSC and CRONER to any civil or criminal proceedings. Without limiting the foregoing, BSC and CRONER shall have the right to remove any material from the Service that violates these terms and conditions, or it deems (in its sole discretion) to be otherwise objectionable.
23. The information provided to Customer by or in relation to the Service (including but not limited to Email Alerts, Helplines, Newsletters) (“Information”) constitutes general information about English law. Customer should neither act nor refrain from action, on the basis of such Information. Nothing in the Service or the Information constitutes legal advice. Customers should always consult a suitably qualified lawyer on any specific legal problem. BSC and CRONER disclaims all responsibility for all consequences of Customer acting on, or refraining from acting in reliance on the Information.
24. The opinions expressed in this Service are those of the individual authors and contributors and not necessarily those of BSC and CRONER.
Entire Agreement
25. This Agreement supersedes any arrangements or agreements made between the parties prior to the signing of this Agreement and constitutes the entire understanding between the parties hereto.
26. If there is any ambiguity or conflict between this Agreement and the terms of any other agreement to which the supply of the Service to the Customer is expressed to be subject, then the terms of this Agreement shall prevail, but only to the extent of such ambiguity or conflict.
Confidentiality and data protection
27. Customer’s data stored using the Service “save” functionality will be kept confidential and only used for the performance of this Agreement.
28. Any personal data collected by BSC and CRONER in the performance of this Agreement will be kept confidential and used only for the purposes of performing this Agreement and BSC and
29. CRONER will process any such personal data in accordance with the provisions of the United Kingdom’s Data Protection Act 1998.
30. BSC and CRONER have in place appropriate technological and organisational measures to protect against unauthorised or unlawful processing, and accidental loss, destruction or damage to Customers personal data.
Law and jurisdiction
31. This Agreement shall be governed by and construed in accordance with Indian law and subject to clause 32, any dispute will be subject to the exclusive jurisdiction of the Indian courts.
Arbitration
32. Any dispute between the parties in connection with this Agreement shall be referred to a sole arbitrator nominated by us. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in English language and governed by the Indian Arbitration & Conciliation Act, 1996