Terms of Use

These terms of use relate to your use of the Risk Warden mobile application software (“App”),  and our website (https://www.riskwarden.com/) (“Website”) and any material downloaded from the App and/or Website (together “the Sites”), any material downloaded from the App and/or Website (“Resources”)  and/or the Risk Warden Platform (as defined below). By using the Sites and/or the Risk Warden Platform or downloading any Resources from the Sites, you confirm that you accept these terms of use and agree to comply with them. If you do not agree with these terms of use do not use the Sites and/or the Risk Warden Platform and/or download any Resources.

1.             INTRODUCTION

Risk Warden Limited (company number 09590964) operates the Sites and any software, applications, computer programs, products and codes or additional services provided by Risk Warden (the Risk Warden Platform).

Our registered address is Communication House, Victoria Avenue, Camberley, Surrey, England GU15 3HX and our trading address is 71-75 Shelton Street, Covent Garden, London WC2H 9JQ

Our VAT number is 287 6297 43.                                                                             

To contact us, please email us at management@riskwarden.com or telephone our customer service line on 020 8050 6484.

We recommend that you print a copy of these terms of use for future reference as they govern your use of the Sites, the Resources and/or the Risk Warden Platform.

The Sites, the Resources and the Risk Warden Platform are only for use in the United Kingdom. We do not represent that content (including the Resources) available on or through our Sites or on the Risk Warden Platform is appropriate for use in other locations.

These terms of use refer to the following additional terms, which may also apply to your use of Sites and/or the Risk Warden Platform and the downloading of any Resources:

·       Our privacy and cookies policy (which you can find here) which sets out the terms on which we process any personal data we collect from you, or that you or a third party provide to us. It also sets out information about the cookies on the Sites and/or the Risk Warden Platform; and

·       The agreement with the organisation that you represent for the use of the Risk Warden Platform (which you can find here) (“Subscription Agreement”).

2.             YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at management@riskwarden.com.

3.             PROHIBITED USE

You may use the Sites, the Risk Warden Platform and the Resources only for lawful purposes. You may not use the Sites, the Risk Warden Platform and the Resources:

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

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

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

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

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

·       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.

·       In contravention of the terms of the Risk Warden Platform.

You also agree:

·       Not to reproduce, duplicate, copy or re-sell any part of the Sites, the Risk Warden Platform and the Resources in contravention of the provisions of these terms of use.

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

§  any part of the Sites,  the Risk Warden Platform and Resources;

§  any equipment or network on which Sites, the Risk Warden Platform and the Resources is stored;

§  any software used in the provision of the Sites, the Risk Warden Platform and the Resources; or

§  any equipment or network or software owned or used by any third party.

·       Not to falsely imply or suggest any sponsorship or association with Risk Warden.

4.             CONTENT STANDARDS

Any data or material that you input, contribute or link to the Risk Warden Platform (“Data”) must comply with the content standards, which must be complied with in spirit as well as to the letter, set out below.

We will determine, in our discretion, whether the Data breaches the content standards.

Data must comply with the law applicable in England and Wales and in any country from which it is inputted, contributed or linked.

Data must not:

·       Be defamatory of any person.

·       Be obscene, offensive, hateful or inflammatory.

·       Promote sexually explicit material.

·       Promote violence.

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

·       Infringe any intellectual property rights, including, but not limited to copyright, database right or trade mark of any other person.

·       Include any protected health information or personally identifiable health data (HIPPA) unless expressly agreed by us in writing.

·       Be likely to deceive any person.

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

·       Promote any illegal activity.

·       Be in contempt of court.

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

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

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

·       Give the impression that the Data emanates from us, if this is not the case.

·       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.

·       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.

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

You warrant that the Data does comply with the above mentioned content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will do our best to assess any possible risks resulting from Data, but we are under no obligation to monitor any Data inputted or linked to the Risk Warden Platform, and we expressly exclude our liability for any loss or damage arising from the use of Risk Warden Platform by a user in contravention of the content standards, whether the Risk Warden Platform is monitored or not.

The Risk Warden Platform and the Sites may include information and materials uploaded by other users of the Risk Warden Platform or the Sites, including Data. This information and these materials have not been verified or approved by us. Any views expressed by users of the Sites or Risk Warden Platform do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on management@riskwarden.com.

5.    INTERACTIVE SERVICES

We may from time to time provide interactive services on the Sites and/or the Risk Warden Platform (for example, you may be able to leave a comment about the Risk Warden Platform). Use of the interactive services must be in compliance with the content standards. 

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for you from third parties when they use any interactive service provided on the Sites or the Risk Warden Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Sites and the Risk Warden Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by you in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

6.             WE DO NOT GUARANTEE THAT THE SITES OR THE RISK WARDEN PLATFORM WILL BE SECURE OR FREE FROM BUGS OR VIRUSES

We are not responsible for viruses and you must not introduce them.

You are responsible for configuring your information technology, computer programs and platform to access to the Sites or the Risk Warden Platform. You should use your own virus protection software.

You must not misuse the Sites or the Risk Warden Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites or the Risk Warden Platform, the server on which the Sites or the Risk Warden Platform are stored or any server, computer or database connected to the Sites or the Risk Warden Platform. You must not attack the Sites or the Risk Warden Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Sites or the Risk Warden Platform will cease immediately.  

7.             INTELLECTUAL PROPERTY RIGHTS

The Subscription Agreement sets out who owns the Data, but also our intellectual property rights in the Risk Warden Platform and any reports created the Risk Warden Platform. 

We are the owner or the licensee of all intellectual property rights in the Sites, and in the material published on it, and the Resources . Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify, adapt, translate, disassemble, de-compile, reverse engineer or create derivative works based on whole or part of any of the App or otherwise attempt to derive source code from the App.

You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal use and you may draw the attention of others within your organisation to content posted on the Sites.

You must not modify the paper or digital copies of any materials you have printed off or material downloaded from it in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Sites and the Resources must always be acknowledged.

You must not use any part of the content on the Sites or the Resources for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Sites (including the Resources) in breach of these terms of use, your right to use the Sites and Resources will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The Risk Warden name and logo are registered trademarks of Risk Warden.  You are not permitted to use either the name or the logo without our approval, unless they are part of material you are using as permitted under these terms of use or the Subscription Agreement.

You retain all of your ownership rights in the content resulting from your use of the interactive services, but you are required to grant us and other users of the Sites or Risk Warden Platform (provided such users are authorised by the same organisation) a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.

8.             DO NOT RELY ON INFORMATION ON THE SITES

The content on the Sites and the Resources is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Sites and the Resources.

Although we make reasonable efforts to update the information on the Sites and the Resources, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites or the Resources  is accurate, complete or up to date.

9.             LINKING

Where the Sites, the Resources or the Risk Warden Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

You may link to the Sites and Risk Warden Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Sites or Risk Warden Platform in any website that is not owned by you.

The Sites or Risk Warden Platform must not be framed on any other site, nor may you create a link to any part of the Sites or Risk Warden Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms of use.

If you wish to link to or make any use of content on the Sites, or material downloaded from it, or Risk Warden Platform other than that set out above, please contact management@riskwarden.com.

10.          BREACH OF THESE TERMS OF USE

When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use is a material breach of the terms of use upon which you are permitted to use the Sites and the Resources, as well as the Subscription Agreement upon which you are permitted to use the Risk Warden Platform, and may result in our taking all or any of the following actions:

·       immediate, temporary or permanent withdrawal of your right to use the Sites, the Resources and/or the Risk Warden Platform.

·       immediate, temporary or permanent removal of any data uploaded by you to the Risk Warden Platform.

·       issue of a warning to you.

·       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.

·       further legal action against you.

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

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

11.          SUSPENDING OR WITHDRAWING SITES

The Sites (and the Resources) are made available free of charge.

We do not guarantee that the Sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

12.          OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the provision of the Risk Warden Platform as set out in the Subscription Agreement.

We exclude all implied conditions, warranties, representations or other terms that may apply to the Sites or any content on it, as well as the Resources.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·       use of, or inability to use, the Sites or the Resources;

·       use of or reliance on any content displayed on the Sites and the Resources;

·       incompatibility of the Sites or the Resources with any of your equipment, software or telecommunications links;

·       loss or damage caused to any of your equipment by your use of the Sites or the Resources;

·       loss or damage suffered by you resulting from any loss of device, device failure, or corruption of data or other data loss; or

·       inadequacy of the Sites or the Resources to meet your requirements.

In particular, we will not be liable for:

·       loss of profits, sales, business, or revenue;

·       loss of business interruption;

·       loss of anticipated savings;

·       loss of business opportunity, goodwill or reputation; or

·       any indirect or consequential loss or damage.

13.          GOVERNING LAW AND JURISDICTION

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

14.          CHANGES TO THESE TERMS OF USE, THE SITES AND RISK WARDEN PLATFORM

We amend these terms from time to time. Every time you wish to use the Sites and/or Risk Warden Platform or download a Resource, please check these terms of use to ensure you understand the terms that apply at that time.

We may update and change the Sites, the Resources and Risk Warden Platform from time to time, to reflect changes in relevant laws and regulatory requirements, to make improvements or enhancements to their functionality, or to reflect changes in operating systems or address security issues.

15.          YOUR USE OF THE APP

The App requires a mobile or other handheld device with operating system IOS12 or Android 6 or later.

You may download or stream a copy of the App onto your handheld device and view, use and display the App and selected functionality of the Risk Warden Platform. The App is designed to enable you to access customer specific details (pre entered by you or your back office normally via a PC or Mac desktop computer, relating to the Risk Assessment(s) in question and then input to enable you to input data whilst working offline. All Data uploaded to the App is automatically backed up to the Risk Warden Platform on connection of the device to an internet connection (4G/5G or WiFi).

Following any changes or updates we perform on the App as provided for in the above section (section 14), we may ask you to update the App on your device. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App.

16.          HOW TO CONTACT US

Questions, comments and requests regarding these terms of use are welcomed and should be addressed to Risk Warden Limited at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ or by email to management@riskwarden.com.