Terms of Service
Terms of Service
Last updated: July 1, 2022
Site Terms and Conditions
This site is provided by Salus Technical on an “as is” basis. Salus Technical makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, or materials included on this site. To the full extent permissible by applicable law, Salus Technical disclaims all warranties, express or implied.
Although Salus Technical has made every attempt to provide accurate information, Salus Technical assumes no responsibility for the accuracy or completeness of the information. Salus Technical will not be liable under any theory of law, for any indirect, incidental, punitive or consequential damages, including, but not limited to loss of profits, tax fines or fees, business interruption, loss of information or data or costs of replacement goods, arising out of the use or inability to use this site or any Salus Technical service or resulting from use of or reliance on the information presented in this site or supporting materials.
Terms of Service
These terms were last updated 01/07/2022
What some words mean
So that we can be completely clear, here are some words we use which have specific meanings:
- “Account Holder” means a company which has a Task Analysis account;
- “Task Analysis account” means an account that you hold with us which allows you to receive The Service;
- “The Service” means our Task Analysis software package which is accessed and used via our password protected website;
- “you” means you, the person who accesses and uses The Service;
- “your Data” means any data entered or uploaded by you while using The Service; and
- “We”, “us”, “our” or “Salus Technical” means Salus Technical Limited, a company registered in Scotland with registered number SC496876 and having its registered office at Skene Business Centre, 7 Queens Gardens, Aberdeen, AB15 4YD
Our Contract with you
Creating a Task Analysis account and accessing the Service
How to apply: In order to access and use The Service, a Task Analysis account must first be created. You can apply for a Task Analysis account, or have an account set up on your behalf, by submitting, or by arranging to have submitted by a third party, your details on our “Task Analysis” page on the website or by contacting us on firstname.lastname@example.org.
Formation of a contract: If we accept an application for the creation of a Task Analysis account, we will confirm this by email and at that point a legally binding contract will be created between the Account Holder and us. If you apply for a Task Analysis account to be created, you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you. If you are successful in obtaining a Task Analysis account then we will send you a username and allow you to create a password. This is the only means of accessing your Task Analysis account.
You must keep your Task Analysis account login details confidential. You are responsible for all activities that occur under your Task Analysis account.
If you know or suspect that anyone other than you knows your Task Analysis account login details, please change your password immediately. If you have any concerns that your account may have been compromised or used for illegally by a third party, please notify us as soon as possible by emailing us at: email@example.com.
We reserve the right to disable your Task Analysis account at any time if we find out that your account is being used in a way that is not compliant with these Terms of Service.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a Task Analysis account. Where an application for a Task Analysis account has not been successful you will not be charged.
- keep any password(s) created for the Task Analysis account secure;
- only use The Service on behalf of the Account Holder whose Task Analysis account you are accessing and solely for money management purposes relating to that Account Holder’s own business which are legal; and
You must not:
- use The Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into The Service or any operating system;
- do anything which could reasonably be expected to damage, disable, overburden, compromise or materially impair our systems or security; or The Service generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
- not copy The Services, except as part of the normal use of The Service;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of The Services nor permit any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use The Services on devices as permitted by us;
- not infringe our intellectual property rights or those of any third party in relation to your use of The Service;
- question or dispute our ownership of the intellectual property rights in and to The Service.
Paying for The Service
The price for The Service will depend on the features you require and what type of Task Analysis user you are.
We will always let you know in advance of any changes in our fees and will give you the opportunity to decide whether you want to continue using The Service prior to any increase in fees.
Payment: All prices quoted are in Pounds Sterling and exclude VAT, which is payable by you. All price information may be subject to change. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address.
Free trials and beta trials: You will not be charged for use of The Service during any ‘free trial’ period or any ‘beta trial’ period. Please be aware that the Account Holder cannot benefit from more than one ‘free trial’ – if we discover that more than one ‘free trial’ has been requested, the Account Holder will become liable for payment of any applicable subscription fee for use of The Service after the first ‘free trial’ period.
Once the trial period is over, we will not automatically renew the Account Holder’s subscription.
Non-payment: We shall be under no obligation to provide you with access to The Service if the subscription fee (plus VAT) or any other charge that you have agreed to pay us are not paid on time.
If subscription fees or other agreed charges become overdue, we reserve the right to suspend access to The Service until outstanding amounts are paid or close the Account Holder’s Task Analysis account permanently.
Who owns what
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities. We may also share your aggregated, de-identified data with select third-parties for research purposes, but otherwise we will only use your Data to provide The Service.
Rights in our software: All copyright, database rights, trademarks and other intellectual property rights in The Service are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder. You have no right to modify The Service and if you do then to the extent that you do this without our prior written consent, we shall own all the intellectual property rights in any modifications to The Service and you automatically assign absolutely with full title guarantee all such intellectual property rights to us.
Third party features: All copyright, database rights, trademarks and other intellectual property rights in any external data sources or embedded third party services used in Task Analysis are the intellectual property of the relevant third party provider.
Closing a Task Analysis account
These Terms of Service will remain in full force and effect as long as you continue to access or use The Service, or until terminated by you or us for any reason set out in these Terms of Service.
Cancellation by you: You can close the Account Holder’s Task Analysis account at any time by contacting us on firstname.lastname@example.org. Subscription fees will be due for the remainder of the agreed subscription period. Please note that no refund will be made for any subscription fees already billed and paid.
Suspension and closure by us: If you (or any other user of the Account Holder’s Task Analysis account) fail to abide by these Terms of Service or carry out illegal activities, or if payment of the subscription fees is not paid on time, we reserve the right to close the Account Holder’s Task Analysis account or suspend your access to The Service. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Task Analysis account (including during any ‘free trial’ or ‘beta trial’ period) immediately for the reasons given above, or for any reason, by giving the Account Holder one month’s notice.
We do not guarantee that your use of The Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access The Service. You should use your own virus protection software.
You are not allowed to knowingly introduce viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful to The Service. We also do not permit attempts to gain unauthorised access to The Service, the server on which The Service may be stored or any server, computer, database connected to The Service or the attachment of the website via a denial-of-service attack or a distributed denial-of-service attack.
Anyone involved in the above mentioned activities will be restricted from using The Service and is at risk of having committed a criminal offence under the Computer Misuse Act 1990. If we become aware of any such activities, we will report to the relevant law enforcement authorities and share the identity of those involved.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum, but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional engineer or safety engineer and any information presented does not constitute engineering or safety engineering advice.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of the possibility) including the following losses (whether direct or indirect): loss of profit; loss of anticipated savings; loss of sales or business; loss of or damage to goodwill; loss of use or corruption of software, data or information; and indirect and consequential loss.
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed a total aggregate amount equal to the subscription fees which the Account Holder has paid to us in the previous month (or the relevant third party on their behalf).
Liability to us: If you access The Service using a password created to control access to the Account Holder’s Task Analysis account, then the Account Holder shall be held liable for any reasonable costs, losses and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
General legal matters
Entire agreement: These Terms of Service describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede and extinguish any prior understandings or agreements.
Changes to this contract: We may need to change these Terms of Service from time to time. Changes to the terms will be posted on our website and updated on our App. We will notify you of any material changes to our Terms of Service by sending you an email with details of the change or notifying you of a change next time you use The Service following a change to these terms. Material changes include changes to the price and payment terms. Changes to the Terms of Service will be effective immediately. If you do not agree to changes to the terms and conditions you can end your contract with us (Please see ‘Closing a Task Analysis account’ section for more information). Please ensure that you review any updates to these Terms of Service before continuing to use The Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms of Service turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to The Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
Interpretation: The following rules of interpretation apply to these Terms of Service:
- The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.
- A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- A reference to writing or written includes email.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
© Salus Technical 2022