Terms, Conditions and Licence Agreement

These terms and conditions shall not be varied by any clients' terms of business unless expressly received in writing from the managing partner of HSC PARTNERSHIP LLP.

DEFINITIONS
  • "this site" refers to all internet pages in the www.healthandsafetycompanion.com, and www.healthandsafetycompanion.co.uk & www.hscsignup.com domains;
  • "HSC PARTNERSHIP LLP" refers to any person or organisation, whether or not commercial, involved in any part of the design, development, management, response-handling, marketing, promotion or other similar aspects of this site;
  • "User" refers to any person viewing or interacting with this Site, including "you";
  • "Content" refers to any text, photograph or other image presented on this Site to Users by HSC PARTNERSHIP LLP.
1. GENERAL

The following Terms and Conditions govern your use of this Web Site (the www.healthandsafetycompanion.com, www.healthandsafetycompanion.co.uk and www.hscsignup.com domains) and your relationship with HSC PARTNERSHIP LLP. By using the www.healthandsafetycompanion.com, www.healthandsafetycompanion.co.uk and www.hscsignup.com sites you agree to be bound by these Terms and Conditions. If you do not agree to these terms of use, disconnect from this site and do not use this site further. These Terms and Conditions may change without further notice to you and HSC PARTNERSHIP LLP recommend you check the Terms and Conditions whenever you use the www.healthandsafetycompanion.com, www.healthandsafetycompanion.co.uk and www.hscsignup.com domains. HSC PARTNERSHIP LLP hereby grants to visitors to this World Wide Web Site access to these pages conditional upon your agreement to accept the application of the laws of England to govern matters between HSC PARTNERSHIP LLP in relation to this web site and you agree to indemnify HSC PARTNERSHIP LLP and not hold HSC PARTNERSHIP LLP liable for any loss or damage arising directly or indirectly from your actions you may take based on the information contained in this Web Site, whether arising from negligence, misrepresentation, breach of any statutory duty, or of any condition, warranty or term (express or implied) of any contract, agreement or otherwise and whether such loss is direct, indirect, special or consequential.

2. AGREEMENT

By checking the acceptance box the person doing so (the Client) is entering into an agreement – the Health and Safety Companion Subscription Agreement - with HSC PARTNERSHIP LLP on, and subject to, these terms.

3. SERVICES
  1. 3.1 HSC Partnership will, in accordance with these terms, create and host a version of the HSC PARTNERSHIP LLP Health and Safety Companion product (the Client Health and Safety Companion).
  2. 3.2 HSC PARTNERSHIP LLP will maintain the Client Health and Safety Companion and provide support for it in accordance with clause 3.5
  3. 3.3 HSC Partnership will arrange for the Client Health and Safety Companion to be hosted on our servers and to be accessible in accordance with the availability and performance levels described in the Client Health and Safety Companion Terms and Conditions.
  4. 3.4 HSC Partnership will take reasonable steps to secure the Client Health and Safety Companion against unauthorised changes while it is being hosted by requiring the use of an administration password known only to the Client. The Client will keep the password secret.
  5. 3.5 This Clause 3.5 applies after the Client has accepted the terms and conditions given by HSC PARTNERSHIP LLP and for so long as the Client has paid the Charges. HSC Partnership will provide advice by telephone and e-mail to the Client Representative in order to help the Client use the Client Health and Safety Companion. The Client warrants that the Client Representative is competent at using and managing systems like the Client Health and Safety Companion
  6. 3.6 If the Client notifies HSC PARTNERSHIP LLP of a problem that the Client is having with the Client Health and Safety Companion: If the problem is due to a Health and Safety Companion defect, HSC PARTNERSHIP LLP will take reasonable commercial steps to investigate that problem and to resolve it in accordance with the Maintenance and Support Service Levels. HSC PARTNERSHIP LLP will promptly notify the Client if it believes that it will not be able to resolve the problem in accordance with those service levels. If the problem is not a Health and Safety Companion defect (whether that is known at the outset or is shown to be the case later), HSC PARTNERSHIP LLP will take reasonable commercial steps to investigate it and to either fix it or reduce its impact, but it does not give any commitment that it will do so in accordance with the Maintenance and Support Service Levels and the Client will pay for this work at HSC Partnership's then current rates.
  7. 3.7 Licence and permitted use
    1. 3.7.1 The Client's subscription gives the Client access to the Client Health and Safety Companion, and a limited licence to use it on, and subject to, these terms. The Client does not acquire any title, right or interest to or in the Client Health and Safety Companion.
    2. 3.7.2 HSC PARTNERSHIP LLP grants the Client a non-exclusive twelve month licence under the IPR in Health and Safety Companion which belongs to, or is licensed to, HSC PARTNERSHIP LLP to use the Health and Safety Companion. The Client is not permitted to use the Client Health and Safety Companion in any other way, and in particular:
      1. 3.7.2.1 The Client must not permit any person other than the Client's employees to use the Client Health and Safety Companion. The Client must not avoid or circumvent any feature of Health and Safety Companion that is intended to protect the security or privacy of the application or any material or information in it, or which is intended to restrict access to any of these
  8. 3.8 Charges and Payment
    1. 3.81 The Client will pay the Charges in advance and in accordance with these terms. The Charges shown on the web site do not include VAT, which HSC PARTNERSHIP LLP will add (and the Client will pay) at the applicable rate.
    2. 3.82 HSC PARTNERSHIP LLP may vary the Charges by serving a notice at least 60 days' before the changes are due to take effect. If the Client does not wish to accept an increase in the Charges, it may bring the Health and Safety Companion Subscription Agreement to an end by serving a termination notice within 30 days of being served with the notice of the increase.
    3. 3.83 If HSC PARTNERSHIP LLP does not receive any monies by the time they are payable:
      1. 3.83.1 It may suspend the Client's use of the Client Health and Safety Companion.
      2. 3.83.2 It may charge interest on them from when they became payable until they have been received in cleared funds. Interest will accrue daily at the rate of 4% above the base lending rate from time to time of the Bank of England. If HSC PARTNERSHIP LLP obtains judgment for any monies, interest accrues at this rate before and after that judgment.
      3. 3.83.3 HSC Partnership's obligations under the Health and Safety Companion Subscription Agreement are suspended while any monies which are due and payable to it under that agreement remain unpaid.
      4. 3.83.4 HSC Partnership may set off against any liability it has to the Client any monies which are due from the Client under the Health and Safety Companion Subscription Agreement or any other agreement
4. CONTENT

The Information on this Web Site is intended for help and information purposes only. Neither HSC PARTNERSHIP LLP, or any of its employees, agents or sub-contractors make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy or completeness of any information contained on this site or any web site referred to. Those who access the site or any site referred to should take appropriate steps to verify all such information.

This Site may contain links to websites operated by third parties. HSC PARTNERSHIP LLP does not control these third party websites and is not responsible for their content. The presence on this Site of a link or reference to a website operated by a third party does not imply any endorsement, recommendation or favouring by HSC PARTNERSHIP LLP of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance by HSC PARTNERSHIP LLP that website has in place security measures to protect information which you may submit online. Except where otherwise expressed, all opinions, advice, statements, offers, or other information content made available through this Site are those of third parties and not of and should not HSC PARTNERSHIP LLP be relied upon. HSC PARTNERSHIP LLP is not responsible for the opinions, advice, statements, offers or other information provided on this Site. HSC PARTNERSHIP LLP does not guarantee the accuracy, completeness, or usefulness of any information on this Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. HSC PARTNERSHIP LLP is not responsible for any Content that is illegal, offensive or otherwise actionable. Under no circumstances will HSC PARTNERSHIP LLP be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on this Site or transmitted to Users.

The editors have taken great care to check the accuracy of the text, but the publishers cannot take any responsibility for any errors or omissions. Go to the Acts of Parliament and/or the regulations and/or statutory guidance for authoritative statements of the law, and to court decisions for authoritative interpretations of the law.

HSC PARTNERSHIP LLP reserves the right, but has no obligation, to edit or remove any Content without question, reason or notice.

The Content made available in this Site is provided "as is" without warranties of any kind, either express or implied, including but not limited to all implied warranties of satisfactory quality, fitness for a particular purpose, title, or non-infringement of any third party rights including, without limitation, intellectual property rights. HSC PARTNERSHIP LLP does not warrant that the Content will be error free, nor free of viruses, nor free from defamatory, offensive, infringing or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at HSC PARTNERSHIP LLP's sole discretion. You acknowledge that HSC PARTNERSHIP LLP has not undertaken any verification of Content featured on this Site.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Under no circumstances shall HSC PARTNERSHIP LLP, nor affiliates, staff, agents or suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the Content available in this Site or any linked site, even if HSC PARTNERSHIP LLP is advised of the possibility thereof, nor for any claim by a third party.

HSC PARTNERSHIP LLP hereby expressly disclaims any and all warranties, including without limitation, any warranties to the availability, accuracy, or information, products or services, and any warranties of satisfactory quality or fitness for a particular purpose.

HSC PARTNERSHIP LLP shall in no event be liable for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records for any cause of action.

6. INDEMNITY

You agree to defend, fully indemnify and keep fully indemnified at all times, and hold harmless HSC PARTNERSHIP LLP, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, damages and expenses (including reasonable fees) relating to or arising out of your use of this Site including, without limitation, any infringement of any third party's rights (including without limitation intellectual property rights and rights of privacy and publicity) and any unlawful material you submit to this Site (including without limitation material which is or could be deemed defamatory, obscene, offensive, inaccurate, blasphemous, threatening or illegal), including any breach by you of the terms of this agreement.

7. SEVERABILITY

In the event any term or condition of this agreement is prohibited by local or other law, this agreement shall be construed in such a manner as to give force and effect to every lawful provision

8. RENEWALS

Your licence will run for twelve months from the date of sign up and we will automatically renew your licence(s) using the payment details you have previously given unless you inform us by calling our office number as displayed on our website or emailing at info@healthandsafetycompanion.com to tell us otherwise.

If you do not inform us that you will be cancelling your licence 30 days prior to the renewal date we will issue a renewal invoice. If you choose to cancel your licence after a renewal invoice has been issued then you will be liable to a cancellation fee of 20% of the invoice value. Other fees for any requested recovery of information stored within the Health and Safety Companion system will apply. Please contact the HSC PARTNERSHIP LLP’s office for details.

9. REGISTRATION

The details provided by you on registration or at any time are important. The registered user undertakes to ensure that they are correct, complete and up to date. You undertake to inform HSC PARTNERSHIP LLP immediately of any changes to the information you provided when registering by updating your personal details.

10. PRIVACY

HSC PARTNERSHIP LLP treats your privacy seriously and HSC PARTNERSHIP LLP understands that you would wish to know how HSC PARTNERSHIP LLP shall use the information HSC PARTNERSHIP LLP collects from your use of the HSC PARTNERSHIP LLP site. We will not sell or pass on your information to any third party without your express permission. All licence holders have no such express permission within their contracts and would be contacted for confirmation of their willingness for their details to be passed on to third parties before HSC PARTNERSHIP LLP ever did so, although HSC PARTNERSHIP LLP has no ambitions to do so at present.

HSC PARTNERSHIP LLP is not responsible for privacy practices of third party websites linked to this Site. HSC PARTNERSHIP LLP undertakes not to disclose any of your personal information to third parties. HSC PARTNERSHIP LLP follows strict security procedures in the storage of your personal information to prevent unauthorised access.

11. COPYRIGHTS AND TRADEMARKS

All Content and materials on this site, unless otherwise expressed, are subject to copyright and are protected by worldwide copyright laws and treaty provisions. No logo, graphic, text, sound or image from this website may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without HSC PARTNERSHIP LLP prior written permission implied in their password system to clients. Except as expressly provided herein, HSC PARTNERSHIP LLP does not grant any express or implied right to you under any patents, copyrights or trademarks.