Quidvis Risk - Portal Terms and Conditions

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Quidvis offers certain services for mobile data collection, storage and analysis, this is via Quidvisrisk.com (the “Quidvis Site”) and QuidvisRiskApp (the “Quidvis App”) both combine to make (the "Service"). By using (the "Quidvis Site") or (the “Quidvis App”) and/or any services accessible from them, you agree to be bound by the following terms and conditions ("Terms of Service").

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By using Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) and/or any services accessible from it, you agree to be bound by the following terms and conditions ("Terms of Service"). In particular, limitations on liability in condition 12.

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If you do not agree to these Terms of Service, you will not be gain access to Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) and/or any services accessible from them. Grant and scope of licence.

1.

LICENCE YOU TO USE QUIDVIS ‘SERVICE’

1.1

In consideration of you agreeing to abide by these Terms of Service, we hereby grant to you a non-exclusive, non-transferable licence to use Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”).

1.2

When you register with us, we will issue you a username and password which is required to access Quidvisrisk.com (the “Quidvis Site”) and QuidvisRiskApp (the “Quidvis App”). It is your responsibility to keep your username and password safe and secure. If you feel that someone else knows or is using your username and/or password, please contact us immediately.

1.3

You may access the QuidvisRisk.com (the "Quidvis Site") or QuidvisRiskApp (the “Quidvis App”) for your internal business purposes only.

2.

RESTRICTIONS

2.1

Except as expressly set out in these Terms of Service or as permitted by any local law, you undertake:

(a)

not to copy the Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) except where such copying is incidental to normal use of Quidvisrisk.com;

(b)

sub-license, loan, translate, merge, adapt, vary or modify Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”);

(c)

not to make alterations to, or modifications of, the whole or any part of Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”), nor permit the Portal or any part of it to be combined with, or become incorporated in, any other programs;

(d)

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) nor attempt to do any such thing;

3.

PROHIBITED USES

3.1

You may use Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) only for lawful and commercially acceptable purposes. You may not use Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”):

(a)

In any way that breaches any applicable local, national or international law or regulation.

(b)

In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

(c)

For the purpose of harming or attempting to harm others in any way.

(d)

To bully, insult, intimidate or humiliate any person.

(e)

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

(f)

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

(g)

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.2

You also agree:

(a)

Not to reproduce, duplicate, copy or re-sell any part of Quidvisrisk.com (the "Quidvis Site") or QuidvisRiskApp (the “Quidvis App”);

(b)

Not to access without authority, interfere with, damage or disrupt:

(i)

any part of Quidvisrisk.com (the "Quidvis Site") or QuidvisRiskApp (the “Quidvis App”);

4.

CONTENT STANDARDS

4.1

These content standards apply to any and all material which you contribute to Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) (Contribution), and to any interactive services associated with it.

4.2

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

4.3

A Contribution must:

(a)

Be accurate (where it states facts).

(b)

Be genuinely held (where it states opinions).

(c)

Comply with the law applicable in England and Wales and in any country from which it is posted.

4.4

A Contribution must not:

(a)

Be defamatory of any person.

(b)

Be obscene, offensive, hateful or inflammatory.

(c)

Bully, insult, intimidate or humiliate.

(d)

Promote sexually explicit material.

(e)

Include child sexual abuse material.

(f)

Promote violence.

(g)

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(h)

Infringe any copyright, database right or trademark of any other person.

(i)

Be likely to deceive any person.

(j)

Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

(k)

Promote any illegal activity.

(l)

Be in contempt of court.

(m)

Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

(n)

Be likely to harass, upset, embarrass, alarm or annoy any other person.

(o)

Impersonate any person or misrepresent your identity or affiliation with any person.

(p)

Give the impression that the Contribution emanates from us if this is not the case.

(q)

Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

(r)

Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

(s)

Contain any advertising or promote any services or web links to other sites.

5.

BREACH OF THIS POLICY

5.1

When we consider that a breach of our licence and content standards has occurred, we may take such action as we deem appropriate.

5.2

Failure to comply with these Terms of Use may result in our taking all or any of the following actions:

(a)

Immediate, temporary or permanent withdrawal of your right to use Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) (please see Termination below).

(b)

Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.

(c)

Issue of a warning to you.

(d)

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(e)

Further legal action against you.

(f)

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

5.3

We exclude our liability for all action we may take in response to breaches of this licence. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

6.

DATA OWNERSHIP

6.1

You own all rights, title and interest in and to all of your data. You shall have sole responsibility for the legality, reliability, accuracy, integrity and quality of your data.

7.

GDPR

7.1

Your responsibility;

(a)

As a QuidvisRisk customer, the data you or your assessment teams collect during the fire risk assessment process is unlikely to contain any personal data. However, as you and your teams can add information to Quidvisrisk.com (the “Quidvis Site”), including information about your users, some of it may be subject to GDPR specifically an email address;

(b)

we, do not have control of the content that you add to your client area nor whether it is personal;

(c)

therefore, as the data controller or main system user you are responsible for ensuring the data added by you and your teams is compliant with the GDPR principles;

7.2

Our responsibility;

(a)

any personal details recorded on Quidvisrisk.com (the “Quidvis Site”), will be deleted on request;

(b)

all requests will be actioned within 24hrs of the receipt date and time of the written request;

(c)

no personal details or business emails on the system will be used by us for marketing purposes

8.

TERMINATION

8.1

We may terminate your licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

8.2

Upon termination or cancellation for any reason:

(a)

You agree that following termination of your account and/or your cancellation of your subscription to the Service, Quidvis may immediately deactivate your account and that;

(b)

following a reasonable period of not less than 60 days, shall be entitled to delete your account, including your Data;

(c)

during period and upon written request from you, Quidvis will grant you limited access to the Service for the sole purpose of permitting you to retrieve your data, provided that you have paid in full all good faith undisputed amounts owed to Quidvis;

(d)

Quidvis shall not be liable to you nor to any third party for any termination of your access to the Service or deletion of your Data, provided that Quidvis is in compliance with the Terms of Service;

(e)

rights granted to you under The Terms of Service shall cease.

9.

INTELLECTUAL PROPERTY RIGHTS

9.1

You acknowledge that all intellectual property rights in Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) anywhere in the world belong to us, that rights to use Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) are licensed (not sold) to you, and that you have no rights in, or to, Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”)other than the right to use them in accordance with the Terms of Service.

9.2

You acknowledge that you have no right to have access to Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) in source code form.

9.3

Trademarks and Logos.

(a)

Quidvis may use your logos for Quidvis's marketing purposes. You may revoke this authorization at any time.

10.

PAYMENT TERMS

10.1

Quidvis publishes the licence fees for each licence type on Quidvisrisk.com (the "Quidvis Site"). Quidvis may change the licence fee (or other) fees from time to time at its sole discretion.

10.2

When paying by credit card on Quidvisrisk.com (the "Quidvis Site"), you are solely responsible for ensuring you have purchased the correct number of licence credits required. Credits can be topped up at any time using the credit card facility on Quidvisrisk.com (the "Quidvis Site").

10.3

When using the licence credits you are solely responsible for ensuring you have selected the correct licence type required.

10.4

If you have an agreement with Quidvis that you will be invoiced and pay via Bank Transfer;

(a)

Payment must be made within 14 days of receipt of invoice;

(b)

Payments must be made via bank transfer

10.5

License fee calculation

(a)

Fees are calculated based on the number of properties you wish to have on the service and SQM of those properties. There is a minimum charge and a maximum charge.

(b)

A property defined by any structure that has its own entrance and has more than two rooms. i.e. a security hut or external boiler room would not be classed as separate property but separate office block or parking structure on the same site would. The only exception to this may be a large hospital where the Property Owners may want a separate assessment for each ward or department, in which case these could be added as separate assessments.

(c)

You can buy as many credits as you need, and the more you buy, the less they cost.

10.6

Credit Fees are non-refundable

(a)

Credits purchased are not refundable unless you request a full refund within 30 days after initial purchase, and provided no credits have been used. As soon as your payment is processed, you may use your credits to purchase licenses. Unused credits automatically expire 12 months from the date of purchase. If paying by credit card you can pay as you go so you would only pay for what you are planning on doing. If you are paying by invoice you would pay based on your customer requirements. Therefore if managed properly you should never have funds in the system that are not used.

(b)

Licence credits can be transferred to other assessments or returned to your available credits pot up until the point the assessment is published to the property owner. If the assessment requires a reassessment an additional licence would be required.

10.7

Incorrect information or late payment

(a)

Assessments that are larger than stated when paying for your licence will be placed on ‘HOLD’ within Quidvisrisk.com (the "Quidvis Site");

(b)

Late payment of invoices will result in assessments being placed on ‘Hold’ within Quidvisrisk.com (the "Quidvis Site");

(c)

Clear indication of the assessment on ‘HOLD’ will be visible to your system administrator, the location will remain on hold until payment is received.

11.

LIMITED WARRANTY

11.1

We warrant that:

(a)

Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”), when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and

(b)

that the Documents correctly describe the operation of Quidvisrisk.com (the "Quidvis Site") or QuidvisRiskApp (the “Quidvis App”) in all material respects,

12.

LIMITATION OF LIABILITY

12.1

QuidvisRiskApp (the “Quidvis App”) has been designed to be used by trained and competent fire risk assessors to enable them to provide their customers with a more accessible and functionally rich risk assessment report.

12.2

We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms of Service:

(a)

loss of profits, sales, business, or revenue;

(b)

business interruption;

(c)

loss of anticipated savings;

(d)

loss or corruption of data or information;

(e)

loss of business opportunity, goodwill or reputation; or

(f)

any indirect or consequential loss or damage.

12.3

Other than the losses set out in condition 12.2(for which we are not liable), our maximum aggregate liability under or in connection with agreement whether in contract, tort (including negligence) or otherwise, shall be £500. This maximum cap does not apply to condition 12.4.

12.4

Nothing in the Terms of Service shall limit or exclude our liability for:

(a)

death or personal injury resulting from our negligence;

(b)

fraud or fraudulent misrepresentation;

(c)

any other liability that cannot be excluded or limited by English law.

12.5

These Terms of Service sets out the full extent of our obligations and liabilities in respect of the supply of the Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”). Except as expressly stated in these Terms of Service, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of Quidvisrisk.com (the “Quidvis Site”) or QuidvisRiskApp (the “Quidvis App”) which might otherwise be implied into, or incorporated in, these Terme Of Service whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

13.

COMMUNICATIONS BETWEEN US

13.1

If we must contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Portal.

13.2

Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

14.

EVENTS OUTSIDE OUR CONTROL

14.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under there Terms that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 14.2.

14.2

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

14.3

If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Service:

(a)

our obligations under the Terms of Service will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b)

we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.

15.

OTHER IMPORTANT TERMS

15.1

We may transfer our rights and obligations under the Terms of Service to another organisation, but this will not affect your rights or our obligations under these Terms of Service.

15.2

You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing.

15.3

These Terms of Service and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Service or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in these Terms of Service or any document expressly referred to in it.

15.4

If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.5

Each of the conditions of these Terms of Service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

15.6

These Terms of Service are subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

Portal Terms

PLEASE READ CAREFULLY BEFORE ACCESSING THE QUIDVIS RISK PORTAL