PeopleSafe Terms of Use

Welcome to PeopleSafe Limited, our online Health and Safety service that is designed to help manage Your Health and Safety related information. Our Terms of Use are here to help You understand the things that We will do as a service provider and what You need to do as a Subscriber.
These Terms of Use start when You register to use PeopleSafe. This means that by registering to use PeopleSafe You agree that You have read, and understand, these Terms of Use. So please read them carefully.
PeopleSafe Ltd is always growing and extending the Service We provide to our Subscribers. These Terms couldn't cover every possible issue that might come up and are not intended to do so. This means We will change these Terms sometimes and make decisions as events occur. 
We'll tell You about these through updates to our Website, emails to Your PeopleSafe Coordinator or messages within the PeopleSafe system. You need to make sure You are up to date with the latest Terms and follow them.
By registering to use PeopleSafe You agree that You have the right to act on behalf of any person who You are setting up PeopleSafe for or use PeopleSafe for and agree to these Terms yourself and on behalf of those persons.


1. Definitions

"Agreement/Terms" 
Means the within agreement as updated by PeopleSafe from time to time.

"Access Fee" 
Means the monthly fee  that You must pay on time according to Your Online Plan. 

"Confidential Information"
Includes all information exchanged between the Parties, whether in writing, electronically or orally, but does not include information that is already available publicly, accidentally leaked by You or information that these Terms allow either Party to disclose to any third Party. 

"Data"
Means any information You put into PeopleSafe or You have given someone permission to put into PeopleSafe

"Friend"
Means any third party who You give permission to access and/or change all or part of Your Data.

"Intellectual Property Rights"
Means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Parties” 
Means You and us.

"PeopleSafe"
Means the online Health and Safety software provided by PeopleSafe Limited as updated/modified from time to time. 

“PeopleSafe Co-ordinator”
Means the person appointed responsible for administering Your Subscription.

"Server" 
Means the computer server equipment used by us so We can provide You the Services.

"Service/s" 
Means the Service/s made available to You via PeopleSafe.

“Staff”
Means anyone that works directly for or with You.

"Subscriber"
Means the individual, company or organisation that is registered to use PeopleSafe.

“Subscription”
Means Your particular agreement with PeopleSafe evidenced by these Terms including Your Online Plan.

“User”
Means You, Your Staff, Your Friends or any other person that You give permission to view, access (including change) Your Data or any part of it.

"We, us, our" 
Includes PeopleSafe Ltd or anyone that works directly for or with us.

"WebSite" 
Means the Internet site at the domain my.PeopleSafe.co.nz or any other site operated by PeopleSafe Limited.

"You, Your" 
Is You as the Subscriber.

“Your Online Plan” 
Is the plan You choose that decides what You pay and the features You get.


2. Using The PeopleSafe Ltd Software

We let You use PeopleSafe from the Website. It is set up to allow You access that matches Your Subscription. This means that:

  • It's Your Subscription and You can't give it to anyone else.
  • It's use is covered by these Terms.
  • PeopleSafe is not responsible to anyone other than the Subscriber and We do not have any obligation with anyone other than The Subscriber.
  • The right to use PeopleSafe is non-exclusive, non-transferable, and limited by and subject to these Terms. 

Your Users

PeopleSafe helps You manage Your Health and Safety requirements. It's up to You to decide who has access, and what level of access they have, to Your Data. You can remove access altogether or change the level of access for any User. It's important You keep on top of who can access and do what with Your Data.

You accept and agree that, subject to any applicable laws:

  1. You choose who gets to see Your Data.
  2. You can add or invite Users to access certain parts of PeopleSafe to help You manage safety in Your business;
  3. It’s Your choice to add or invite Users and You choose what level of access they have to PeopleSafe and Your Data;
  4. You are responsible for Your Users and a breach of these Terms by them constitutes a breach of these Terms by You;
  5. You control Users level of access to PeopleSafe and the Data at all times.  You can remove or change a Users access, or level of access, at any time and for any reason. 
  6. If there are any issues between You and any User about access to PeopleSafe and the Data, it’s up to You to decide what access they will have, if any.

Rights of Users:

Users, other than the Subscriber, do not have any direct rights pursuant to these Terms.

Employee Ownership of Data

When You add Staff as Users of PeopleSafe, they do have limited ownership and control of their personal details held within PeopleSafe. 
A User may be "connected" with more than one organisation within PeopleSafe, for example a secondary employer, separate business unit within Your organisation, or external organisations such as a training provider or recreational organisation.  This means that staff have ownership and control of their personal information (contact details, next of kin, medical conditions) which is shared across multiple Subscribers. When You connect an existing User into Your Subscription, they need to accept a request for access to their information. 

When using PeopleSafe

Don't try to break it, cause security issues or put PeopleSafe or our network at risk. Don't try to make PeopleSafe do something it wasn't designed to do
Never try to crash our computing system or network or any of our third party computing systems and networks. 
Don’t use or abuse PeopleSafe in any way that interferes with the Service or any other system used to deliver PeopleSafe, or make it difficult for any other user to use PeopleSafe.
You must not try to access any materials that You have not been given direct permission to access or to the computer system that hosts PeopleSafe.

You must never

  1. transmit, or input into PeopleSafe, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data that violates the law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
  2. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver PeopleSafe or to operate the Website.

 

3. What We Expect From You

Pay Your bill each month

We're keeping Access Fees low so it's important that You pay on time and in full. Your invoices are due each month from the date You commence Your Subscription. We'll keep invoicing You monthly unless these Terms are cancelled as outlined below.
PeopleSafe are not responsible whatsoever for any act or omission of any User.

Payment

Your Access Fee is invoiced monthly, in advance, beginning on the date You commence Your Subscription. It is charged in New Zealand dollars (NZD) and may be changed from time to time as determined by Us subject to Us giving You notice of any such change.
All our invoices will be sent to You, or to a billing contact that You provide details for, by email. You must pay or arrange payment of all amounts specified in any invoice on the due date of the invoice. You are responsible for payment of all taxes and duties as well as  the Access Fee including, without limitation, Goods and Services Tax, hence Goods and Services Tax will be payable by You on top of the sum of the Access Fee.
If You don't pay by the due date Your Subscription may be cancelled by PeopleSafe and collection costs may also be charged. If We have tried, and still can't get payment from You, Your Data may be deleted after fourteen (14) days of non-payment.
We may offer a special price or discount on Your Access Fee due to the number of businesses that You have signed up to the Service, or that have signed up as a result of Your association with us. Special pricing or discounts will be granted at our discretion. If discounted invoices aren't paid in full by the due date We can update the invoices to be the full Access Fee.
Where You give us Your credit card details at registration, Your credit card will be automatically charged on the due date for payment of Your Access Fee.

Your business/organisation

PeopleSafe is for You to use for Your lawful internal business use only in line with these Terms and any notice We send  You, or any conditions posted on the Website. You may add or invite Users, other than the Subscriber, to help You, which means they will have access to Your Data. They are not to use this information for other clients or businesses.

Keeping access secure and confidential

You must make sure that all PeopleSafe usernames and passwords are kept secure and confidential. You must tell us straight away if You know or think that people have used Your passwords without Your okay. We can then reset Your passwords and take any steps needed to make sure both Your Data and our system is kept secure.
You must take all other actions that We think is needed to maintain or enhance the security of our computing systems and networks, and Your access to PeopleSafe.
You must take out and maintain adequate insurance cover in respect of any loss or damage to Data.
You agree to only use PeopleSafe for lawful purposes. This means that You will not use the Service in any way that infringes any law or regulation, or which infringes the rights of any third party, nor will You authorise or allow any other person to do so.

Storing Your information

You must only upload and store material and files that You have the legal right to have. You must not upload any data or any material that is protected by copyright or trademarked if You don't have the legal right to have and use.
The amount of Data that You store online may be limited or incur extra costs if it becomes too large. We'll talk with You before any costs are incurred. 
Use of PeopleSafe may be subject to some limits; We’ll let You know about what these are if needed. Under normal use as a safety management tool it’s unlikely but might happen.

Communication

When You communicate anything on the Website or using PeopleSafe, You must have the right to do so. We don’t have to make sure that communications on the Website are legal or that they are related only to the use of PeopleSafe. Like any other web-based forum, You must be careful when using the communication tools available on the Website. It’s possible that We might remove any communication at any time that We think is inappropriate

Back up Of Data

You must keep copies of all Data. We do follow best practice policies and procedures to prevent Data loss, including a daily system Data back-up , but do not give any guarantee that there will be no loss of Data. We  will not be responsible for any loss of Data no matter how it was caused.

Third Party Applications and your data

If You enable third-party applications for use with PeopleSafe, You acknowledge that We may allow the providers of those third-party applications to access Your Data so that third party applications can exchange and use information smoothly.
We will not be responsible for any disclosure, modification or deletion of Your Data that happens because of  any access by third-party application providers.

 

4. What To Expect From Us

Technical Problems

If you have technical problems You must make all reasonable efforts to really check and work out problems before contacting us. If You still need technical help, please check the support provided online at help.peoplesafe.co.nz  If that doesn’t help then You can email us at  help@peoplesafe.co.nz
We don’t provide phone or email support outside of this channel.

Your Information

We don't guarantee the accuracy or quality of information received by You or any of Your Users and We have no liability for any loss or damage to any Data because of any action of a User.
We'll take every reasonable step to ensure the integrity and security of the Server but We do not guarantee that it will be free from unauthorised users or hackers and We will not be liable for the possible effects caused by such users or hackers.

Ownership Of Data

The right to,  and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data depends  on full payment of the  Access Fee when it is due. You allow Us a licence to use, copy, transmit, store, and back-up Your Data so We can give You access to and use PeopleSafe and for any other reason in order to provide You with the Service according to this Agreement.
Metadata and other statistical information, such as anonymised data generated as a result of the use of PeopleSafe, is owned by us and may be used and made available to third parties for the purposes of producing industry summary statistics, summary usage benchmarking, system performance analysis, and service delivery improvements and to improve safety of PeopleSafe customers.

Service Availability

While We aim to keep PeopleSafe available 24 hours a day, seven days a week, at times PeopleSafe or our Website may be unavailable because of maintenance or development needed. 
If for any reason We need to interrupt PeopleSafe for longer periods than We would normally expect, We will try to let You know in advance of this by posting this information on the Website.  We don't accept liability for interruptions of Service or down-time of the Server. All cases will be reviewed individually and We'll work together with our providers to resolve issues quickly.

 

5. Confidentiality and Privacy

We respect the privacy of You, Your Data and Users. We treat all Data as confidential. 
Subject to the provisions outlined below, We will make all reasonable attempts to keep all Data confidential, however, will not be liable to You, if for any reason, Data is obtained by a third party.   The obligation of confidentiality relating to Data shall not include information which enters the public domain through no fault of ours. 
We may collect specific Data from User browsers as they enter and exit PeopleSafe. This information is standard, and contains data such as referring URL, pages viewed, and the amount of time spent on PeopleSafe. Information gathered may be used to investigate any possible breaches of these Terms or illegality.
We'll take all reasonable steps to keep Data secure.

Unless either party has prior written consent of the other, or unless required to do so by law:
We will all maintain the confidentiality of all Confidential Information. The parties will not share Confidential Information with any other party other than as stated by these Terms.
The party's requirements under this provision will continue if the Agreement is cancelled.

The provisions of confidentiality contained in these Terms don't apply to information that:

  • Is or becomes public knowledge other than by a breach of these Terms;
  • Is received from a third party who lawfully gained it and who is under no obligation restricting its disclosure;
  • Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  • Is independently developed without access to the Confidential Information.

We may use non-identifying information to help industries and groups improve the safety of their teams or provide statistics that do not identify specific businesses or people. The intent is to improve safety for everyone.

 

6. Intellectual Property Rights

The ownership of all Intellectual Property Rights in PeopleSafe, how We provide You with Services, our Website and any documentation We provide is our property. We let You use this but never give You ownership of this.
You must have all consents and clearances needed for You to lawfully make use of any Intellectual Property Rights through PeopleSafe, including but without limitation to, all Data held in Your name.
You hold the Intellectual Property Rights to all Data however, We may restrict Your access to Data until full payment of the Access Fee and any other payment due to us under these Terms is made.
This Agreement does not transfer, from us to You, any Intellectual Property belonging to Us and all rights, titles and interests in, and to such property will remain solely with Us.
This Agreement does not transfer from You to Us any Intellectual Property belonging to You, and all rights, titles and interest in, and to, such property will remain solely with You.

 

7. Cancelling The Agreement

You can cancel this Agreement by giving thirty (30) days notice to us by email.  Access Fees will be payable until the end of the notice period and We, on cancellation, do not give a refund of any Access Fees including Access Fees paid in advance.
We may decide to cancel this Agreement if You break any provision  outlined in these Terms.
Because You have the right to cancel this Agreement at any time there is a 'no refund' policy on Access Fees. We don't provide any refund for any remaining period of a Subscription paid in advance.

No-fault termination:

This Agreement will continue for the period covered by the Access Fee. At the end of each billing period this Agreement will automatically continue for another period of the same time as that period, provided You continue to pay the Access Fee when due, unless either party cancels this Agreement by giving thirty (30) days notice to the other party in which case the Agreement shall terminate at the end of the notice period.  If You terminate the Agreement You will be responsible to pay the Access Fee up to and including the day of termination of this Agreement.

Breach

If You:

  • breach any of these Terms (including, without limitation, by  not paying  Access Fees on time) and do not fix  the breach within 7 days after receiving notice of the breach;
  • You become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become  insolvent , or make any arrangement with Your creditors, or become subject to any similar insolvency in any jurisdiction,

PeopleSafe Limited may take any of the following actions,

  • Cancel this Agreement and Your use of PeopleSafe without notice by  deactivating Your access to PeopleSafe;
  • Suspend for any definite or indefinite period of time, Your use of PeopleSafe 
  • Suspend or terminate access to all or any Data.
  • Take any of the actions referred to above in respect of You and any User.

Basically if You don’t pay Your bill We may cancel the Agreement or stop You accessing PeopleSafe.

Accrued Rights

Cancelling these Terms is without prejudice to any rights and obligations of the Parties  that have come about over time up to and including the date of termination. On termination of this Agreement You will:

  • remain responsible for any accrued charges and amounts which become due for payment before or after termination; and
  • immediately stop using PeopleSafe 

Expiry or Cancellation

Cancellation of this Agreement  will not end obligations in this Agreement which reasonably should survive cancellation.

Indemnity

You will indemnify us, keep us indemnified and hold us harmless from and against any breach by You of these Terms and of any claim brought against us by a third party resulting from Your use of PeopleSafe or the use of PeopleSafe by any User. This includes, but is not limited to, all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including legal costs and expenses) that are suffered or incurred by us as a result of Your breach of these Terms or use of PeopleSafe including any use of PeopleSafe by any User and any costs in recovering any Access Fees that are due but have not been paid by You.

 

8. Limitation of Liability

PeopleSafe is not liable in contract, tort (including negligence) for any loss whatsoever including consequential, indirect loss or economic loss (including loss of information, or Data, profits) or damages resulting directly or indirectly from any use by You of PeopleSafe.
If You suffer loss or damages as a result of utilising PeopleSafe in accordance with this Agreement and notwithstanding the prior paragraph, PeopleSafe is deemed liable then any claim by You against PeopleSafe will be limited in respect of any one incident or series of connected incidents to the Access Fee paid by You in the previous twelve (12) months.
If You are not satisfied with PeopleSafe Your sole and exclusive remedy is to terminate these Terms in accordance with the termination provisions provided.

 

9. Notices

Any communication from one party to another may be sent by email or recorded delivery to the address of the other party listed in this Agreement, or other addresses that may have been previously used in communication between the Parties. If sent by email it will, unless proven otherwise, be deemed to have been received on the day it was sent. If sent by recorded delivery it shall be deemed to be served two days following the date of posting.

 

10. Law

This Agreement is governed by, and understood in accordance with, New Zealand law and You agree to the non-exclusive jurisdiction of the New Zealand courts.

 

11. Acknowledgements

You agree that use of and access to PeopleSafe We give You is provided on an "as is " basis and at Your own risk.

You acknowledge that:
You are authorised to use PeopleSafe to access Data, including any Data inputted by any User. 

Where You access PeopleSafe on behalf of someone else:
If You use PeopleSafe or access the Website on behalf of or for the benefit of anyone other than You, You agree that:

  • You agree that We have no obligation to give any person access to Data without Your authorisation and may pass on to You any requests for information for You to answer; and
  • You will not hold us legally liable for any claims or loss that relate to:
  • Us not providing a User access to Data;
  • Us making available Data to any User with Your authorisation.

We don’t guarantee that the use of PeopleSafe will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing PeopleSafe, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or stop You accessing PeopleSafe. We are not in any way responsible for any such interference or things that might stop You accessing or using PeopleSafe.
It is Your responsibility to work out if PeopleSafe meets Your needs and is suitable for what You want to use it for.
It’s up to You to find out if PeopleSafe meets Your statutory, regulatory and internal requirements relating to Health and Safety.
It’s also Your job to check that storage of and access to the Data via PeopleSafe will comply with Your statutory, regulatory and internal Health and Safety requirements that relate to keeping records.

No Warranties

We give no guarantees about PeopleSafe.  We do not guarantee that PeopleSafe will meet Your requirements or that it will be suitable for any particular purpose.  It’s simply not possible for us to include every feature or idea that You can think of or assume that PeopleSafe might do already. 
To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer Guarantees

You agree that You are acquiring the right to access and use PeopleSafe for business purposes and that the provisions of the Consumer Guarantees Act 1993 do not apply to PeopleSafe.

 

12. This Is The Whole Agreement

These Terms together with any documents expressly referred to in them, contain the whole agreement between You and PeopleSafe Ltd. 
This Agreement overrides any previous agreements, arrangements, undertakings or proposals, written or oral between the Parties. No oral explanation or oral information given by any party will change the interpretation of these Terms. In agreeing to these Terms, You have not relied on anything other than those expressly stated in these Terms and You agree that You shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.

Waiver

If either party waives any breach of these Terms, this will not necessarily mean a waiver of any other breach. No waiver will be valid unless made in writing.

Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No Assignment

You may not assign or transfer any rights under this Agreement to any other person without Our written consent being first obtained.

Governing Law and Jurisdiction

This Agreement shall be interpreted following the Laws of New Zealand.

Severability

If any part or provision of these Terms is invalid, unenforceable or is in conflict with the law, that part or provision is replaced with a provision, which, as far as possible, accomplishes the original purpose of that part, or provision. The remainder of these Terms will be binding on both You and PeopleSafe.

Interaction Between Us

The Parties will at all times show courtesy and will at no time during the term of this Agreement or subsequent to the termination of this Agreement make any denigrating or derogatory remarks against the other either orally or in any written form including electronic form.

Change Of PeopleSafe Co-ordinator

PeopleSafe may, at Your request, change Your PeopleSafe Co-ordinator and any log in reference and/or user name in relation to Your Subscription on receiving a request from the Subscriber and satisfying PeopleSafe’s internal policy in relation to the change of any log in reference and/or user name as adopted by PeopleSafe from time to time.

ID and User Names

Any PeopleSafe ID and user names allocated to any Staff will not belong to You but belong to that Staff member.

Policy And Codes Of Practices

You agree that You have read and understand the PeopleSafe Privacy Policy contained on the Website and the PeopleSafe Cloud Computing Code of Practice Disclosure Statement contained on the Website which may be varied from time to time by notice on the Website.

 

Terms of Use Last Updated: 11 Feb 2015