J.E.S.I. Management Solutions Pty Ltd ACN 159 033 173 trading as SafetyIQ (SafetyIQ) has developed and is the owner of all rights that subsist in the journey management software solution known as “SafetyIQ” (Application) which is accessed a website operated by SafetyIQ and notified to you from time to time (Website).
You have been granted access to use the Application, as an Invited User of a Customer to whom SafetyIQ has entered into a Software Licence Agreement.
By accessing or otherwise using the Application, you agree to be bound by the terms and conditions outlined below (Agreement). If you do not agree to the terms and conditions contained in this Agreement, please do not proceed to use or access the Application in any way.
SafetyIQ reserves the rights to modify, permanently or temporarily disable or discontinue any part of the Application and to alter, amend or withdraw any part of this Agreement or any information or material appearing on the Application at any time, without liability or further notice to you. Your continued use of the Application will constitute an automatic acceptance of any alteration, withdrawal or amendment of same.
It is agreed:
Pursuant to this Agreement, SafetyIQ grants to you a non-exclusive, non-transferrable licence to use and access the Application via the Website for its intended use.
3.1 In order to access the Application, you must become a registered member by registering and complying with the registration requirements as prompted, which may be subject to change at SafetyIQ’s discretion from time to time.
3.2 You are responsible for maintaining the confidentiality of your username and password information.
3.3 You are responsible for all activities occurring under your registered account. If you believe the information and privacy of your account is not secure, you can either change the password or notify SafetyIQ by email.
4.1 You agree to:
5.1 You must not:
SafetyIQ shall provide the access to the Application through the Website on a continuous basis during the Licence Term, provided however that SafetyIQ may, without notice, suspend all or part of any access to the Application immediately.
You can use SafetyIQ on compatible mobile devices. SafetyIQ is compatible with the following mobile devices and operating systems:
You can use SafetyIQ on compatible web browsers. SafetyIQ is compatible with all major maintained web browsers:
You shall have no Claim against SafetyIQ in respect of loss of access or functionality to the Application.
SafetyIQ does not warrant, guarantee or make any representation that the Application will be free of defect, uninterrupted, accurate, complete, current, stable, bug free, error free or available at any time in respect of its operation.
You acknowledge that all intellectual property rights subsisting in the Application is either owned or licensed from third parties (as the case may be) by SafetyIQ and that nothing in this Agreement has the effect of or should be construed as passing ownership of any Intellectual Property Rights of SafetyIQ to any person, including you.
Except as expressly provided to the contrary in this Agreement, in no event shall SafetyIQ be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of the Application, even if advised of the possibility of such damage.
SafetyIQ’s liability under any condition, warranty, or obligation implied by law in this Agreement that cannot be excluded is limited:
You will at all times indemnify and keep indemnified SafetyIQ and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your use of the Application or any breach of this Agreement by you.
Any provision of this Agreement that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Agreement which shall remain in force