Terms & Conditions

The Cert Tracker, as a part of an internet service, enables the creation of, and remote access to, a Database for the management and monitoring of certification compliance associated with lifting equipment

NOW IT IS AGREED THAT as follows:

1. Definitions

Administrator The person nominated by the User, who will have responsibility for the Database and for in putting data.

Claims All demands, claims proceedings, penalties, fines and liability, whether criminal or civil, in contract, tort or otherwise.

Database The database created using Cert Tracker by the User.

Intellectual Property any and all of the following items, whether or not registered, applications for the following items (whether or not registrable), and the right to apply for the items (where registrable):

  1. Copyright, including copyright in the Database;

  2. database rights;

  3. trademarks, Community trademarks;

  4. design rights, registered designs, Community;

  5. registered and unregistered designs;

  6. rights in respect of confidential information.

 

Losses all losses, including without limitation financial losses, indirect loss including loss of profit, damages, legal costs and other expenses of any nature whatsoever.

Parties the Licensor and the Licensee and ‘Party’ shall mean either of them.

Purpose of this Agreement- to permit the licensee to create a Database to record and monitor its compliance with certification requirements

Software The software provided by the Construction Safety PArtnership and its components, structure, database, source code, object code, design.

2. Grant of License

2.1 The Licensor, subject to the terms and conditions of this agreement, grants to the Licensee, for the duration and the Purpose of this agreement and on a per end user basis, a non-exclusive licence to use the Software and the Database.

3. Obligations and Duties of Licensee

3.1 It is prohibited for the Licensee to:

    1. use the Software or the Database, other than for Purpose of this Contract;

    2. copy the design of the application or the database framework;

    3. use any decoding technology on the Software;

    4. access the ‘object code’ or the ‘source code’ for the Software;

    5. examine, reproduce, copy, amend, modify, decompile, reverse engineer, distribute, the Software;

    6. use components of the Software for applications not running in the Software;

    7. sell, transfer, or, assign any right granted under this contract;

 

3.2 It is prohibited indefinitely for the Licensee to engage in the activities in clauses 3.1.2, 3.1.2, 3.1.4, 3.1.5, 3.1.6, 3.1.7.

4. Ownership

  • The Licensee acknowledges and agrees that the Licensor and its Licensors, save as expressly provided for in this Agreement, own all title to the Software and all Intellectual Property rights, which inure in the Software and in the Database, excluding the title to the data inputted by the Licensee.
  • The Licensee acknowledges and agrees that it owns and controls and has responsibility for the data, which it puts into the Database using the Software.
  • The Licensee acknowledges that no right is granted herein to any third party to use the Software, or to the Licensee to use the Software for any third party

5. Licence Period

5.1 The Licence granted under this agreemen is for 5 years. Licence period starts from the date access is granted to the Licensee or Licensees agent

6. Payment

6.1 There is no fee for the use of this service . The licensor reserves the right to charge a fee should the up keep of the site become prohibitive.

7. Access Restrictions

7.1 The Licensee must nominate a user, hereinafter the Administrator, who will be responsible for the user account. The Administrator’s name and email address and work telephone contact number must be communicated to the Licensor at the time of registration

7.3 The Licensee must not permit, and must report to the Licensor, any attempt to obtain unauthorised access, through whatever means, to the user account and/or the Database.

7.4 The Licensee must not use or permit use of the user account or the Database, to send unsolicited email, or, any material for marketing or publicity purposes, or, other illicit or illegal materials.

7.5 The Licensee must not post or write or permit the posting or writing of any infringing, defamatory, obscene or other unlawful information in the Database.

8. Data Protection

8.1 All information entered into the Database using the Software must comply with Irish Data Protection legislation.

8.2 The Licensor is not responsible for inappropriate data access through application interface as a result of poor password selection or control of the user accounts.

8.3 The data entered into the Database will be stored remotely by the Licensor or a host service provider. Reasonable efforts will be made to ensure that data privacy is respected at all times. The Licensee agrees that the Licensor is not responsible for any inappropriate or unauthorised access to the data.

8.4 On termination of the agreement, the data will be permanently deleted, .

9. Right to Access, Edit, and Remove Data

9.1 The Licensor will not have any direct access to the database. Its contractors or agents, and the host service provider, will have direct access to, and the right to access the data in the user account and Database for service and support

9.2 The Licensors agents and contractors, and the host provider have the right to take down material from, and/or to disable access to, the Licensee’s user account and Database, where there is a technical problem or for maintenance and upkeep reasons, or, where inappropriate or illegal material is entered into the database, or, in any other circumstances.

9.3 The Licensor its agents and contractors, and the host provider, will not be liable for any Claims or Loss arising from, such access to, or, disabling of the account.

10. Security

10.1 The Licensee acknowledges and accepts that its user account and Database are accessed through its Internet service provider and are stored remotely on servers by the Licensor or a service provider, and therefore are subject to the Internet’s inherent risks, including, unauthorised invasion of privacy; unauthorised publication of information; fraud, forgery. Although the security features adopted by the Licensor and/or its service provider may reduce these risks, their elimination cannot be guaranteed. The Licensee acknowledges this risk and accepts that the Licensor and/or its service providers cannot be liable for any loss, direct and indirect including loss of profits, injury, damage, resulting from this risk.

10.2 It is the Licensee’s responsibility to ensure that the Licensee’s systems protect against the events listed above in subparagraph (1).

10.3 It is the Licensee’s responsibility to keep back up records of the information and any documents uploaded into the Database.

11. System Availability

11.1 On occasion, it will be necessary to take the system off line for maintenance, updates, or upgrading, and other reasons. All efforts will be made to schedule these activities for off-peak hours (with reference to GMT), but this may not always be possible.

11.2 The Licensee agrees that the Licensor cannot be responsible for any Claims or Loss resulting from system unavailability.

12. Termination

12.1 The Licensor may terminate the contract without notice where:

12.1.1 the Licensee has failed to comply with the terms and conditions of the contract or the Licensor deems it appropriate

13. Effect of Termination

    1. On expiry or termination of this agreement:

13.1.1 all rights granted to the Licensee shall immediately terminate and revert to the Licensor;

  1. acess to the user account and Database will be blocked;
  2. all data will be removed from the user account and Database and deleted;
  3. the Licensee will be provided with a softcopy of the data extracted from the user account and database.

14. Indemnity

14.1 The Licensee agrees to indemnify, defend and hold harmless the Licensor, its directors, officers, employees, agents, licensors against all Claims, Losses resulting from any breach of the terms of this agreement, or, any neglect or default of the Licensee, or, any of its employees, agents, representatives including subcontractors, or, the use of the Software or the Database.

15. Liability

15.1 The Licensor shall not be liable for any Claims, or for any Loss or injury, caused by: the use of the internet based Software and Database; a computer virus; defective software; non-compatibility; any failure of performance; error; omission; interruption; deletion; delay in operation; line failure or other problem; system unavailability; and unauthorised access or publication of data.

15.2 The provisions of the Sale of Goods and the Supply of Services Act 1980 and the Sale of Goods Act 1893 and 1980 (as amended) are expressly excluded from this agreement.

15.3 Without prejudice to the above, any liability, which the Licensor owes to the Licensee, for any Claim, or, Loss, arising from any cause of action, including tort and contract, shall be limited to the amount of the fee paid by the Licensee.

General

16. Entire Agreement

16.1 This Licence Agreement contains the entire agreement between the Licensor and the Licensee and supersedes all prior agreements, negotiations, representations of any kind, and proposals, written and oral relating to the grant of the licence.

17. Severability

17.1 If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from this License Agreement and the other provisions shall remain in full force and effect.

18. Notices

18.1 All notices given by either Party to the other pursuant to this Licence Agreement shall be in writing and delivered at its principal place of business by fax or email or registered post.

19. Waiver

19.1 The waiver or failure of the Licensor to exercise in any respect any rights provided for in this License Agreement shall not be deemed a waiver of any actual or further right under this Licence Agreement.

20. Revisions

20.1 The Licensor has the right to amend or vary or modify the Agreement as it deems appropriate. The Licensor must notify the Licensee of any such amendment in writing.

21. Applicable Law

The Licence Agreement shall be governed by and construed in accordance with the laws of Ireland.

22. Dispute Resolution

22.1 If a dispute between the Parties arises about either Party’s performance of its obligations under this Agreement, the Parties shall attempt to resolve the dispute informally as soon as possible. If such informal resolution is not possible, either Party may refer the dispute to an arbitrator agreed by both parties, or in default of agreement, to an arbitrator appointed by the Chairperson of the Chartered Institute of Arbitrators (Irish Branch).