First things First

These User Terms are Legally Binding

These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Service, or continue accessing or using the Service after being notified of a change to the User Terms or any related policies, you confirm that you have read, understand and agree to be bound by the User Terms and the related policies. “We”, “our” and “us” currently refers to SafetyToolbox Ltd, a company registered in England with registered number 08292787 and having its registered office at <%= registered_address %>.

The Customer’s Choices and Instructions

You are an Authorised User on a Customer Account

An organisation or other third party that we refer to in these User Terms as “The Customer” has invited you to a Customer Account (i.e. a digital space where a group of users may access the Service, as further described in our Customer Contract).

What This Means for You and for Us

The Customer has separately entered into a written agreement with us (in either case, the “Customer Contract”) that permitted The Customer to create and configure an account so that you and others could join (each invitee granted access to the Service, including you, is an “Authorised User”). The Customer Contract contains our commitment to deliver the Service to the Customer, who may then invite Authorised Users to join their account. When an Authorised User (including, you) submits content or information to the Service, such as files or other data (“Customer Data”), you acknowledge and agree that the Customer Data is owned by The Customer and the Customer Contract provide The Customer with many choices and control over that Customer Data. For example, The Customer may provision or de-provision access to the Service, manage permissions, transfer or assign Customer Accounts, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.

The Relationship Between You, The Customer and Us

As between us and The Customer, you agree that it is solely The Customer's responsibility to:

(a) Inform you and any Authorised Users of any relevant The Customer policies and practices and any settings that may impact the processing of Customer Data; (b) Obtain any rights, permissions or consents from you and any Authorised Users that are necessary for the lawful use of Customer Data and the operation of the Service; (c) Ensure that the transfer and processing of Customer Data under the Customer Contract is lawful; and (d) Respond to and resolve any dispute with you and any Authorised User relating to or based on Customer Data, the Service or The Customer's failure to fulfil these obligations. SafetyToolbox Ltd makes no representations or warranties of any kind, whether express or implied, to you relating to the Service, which are provided to you on an "as" "is" and "as available" basis.

A Few Ground Rules

You must be over the legal age

To the extent prohibited by applicable law, the Service are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age and are the intended recipient of The Customer’s invitation to the Service. You may not access or use the Service for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.

While you are here, you must follow the rules

All Authorised Users must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate activity or content to The Customer and us.

You are here at the invitation of The Customer (and Us)

On behalf of The Customer, we're pleased you're using the Service we have been engaged to supply. These User Terms remain effective until The Customer’s subscription for you expires or terminates, or your access to the Service has been terminated by The Customer or us. Please contact The Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.

Limitation of Liability

If we believe that there is a violation of the Customer Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by The Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask The Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if The Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Service, Authorised Users, or any third parties.

In no event will you or we have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. Unless you are also a The Customer (and without limitation to our rights and remedies under the Customer Contract), you will have no financial liability to us for a breach of these user terms. Our maximum aggregate liability to you for any breach of the user terms is one hundred pounds in the aggregate. The foregoing disclaimers will not apply to the extent prohibited by applicable law and do not limit either party's right to seek and obtain equitable relief.

Disclaimer

We make no guarantee that the Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the internet and your use of your own computer to access the Service. We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use. Wherever possible we will give notice of intended downtime. The Service rely on information provided by you and as such the Service is not a substitute for professional advice and any information presented does not constitute professional advice. Every effort has been made to keep the guidance on our site up-to-date, but you are advised to obtain verification or advice before relying on any piece of information.

Application of Consumer Law

SafetyToolbox Online is a tool intended for use by businesses and organisations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Service or the pro-rata refund to The Customer of pre-paid fees for your subscription covering the remainder of the term.

Survival

The sections titled “The Relationship Between You, The Customer, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.

General Provisions

Email

Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorised Users through the Service (e.g. a banner notification). Notices to SafetyToolbox should be sent to info@safetytoolbox.co.uk .

A notice will be deemed to have been duly given:
(a) the day after it is sent, in the case of a notice sent through email; and
(b) the same day, in the case of a notice sent through the Service. Notices under the Customer Contract will be delivered solely to The Customer in accordance with the terms of that agreement.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

Modifications

As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Service. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Service after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.

Severability

The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

Governing Law; Venue; Waiver of Jury Trial; Fees

The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to the Service, it must do so in England. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and legal fees.

Entire Agreement

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Customer Contract and the User Terms, the terms of the Customer Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). The Customer will be responsible for notifying Authorised Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

Contacting SafetyToolbox

Please also feel free to contact us if you have any questions about SafetyToolbox’s User Terms of Service. You may contact us at support@safetytoolbox.co.uk or by phone on 02036 375 384