terms of use
updated: 09.09.2019
1. TERMS OF USE
1.1 This document (together with the documents referred to in it, namely our Privacy Notice and End User Licence Agreement) defines the terms of use on which you may make use of this website www.mycomplysafe.com (the “Site”), whether as a guest or a registered user (“Terms Of Use”).
1.2 Please read the Terms Of Use carefully before you start to use the Site. By using the Site, you indicate that you accept the Terms of Use and that you accept and agree to abide by them. If you do not agree to the Terms Of Use, you must not use our Site.
2. ABOUT US
2.1 www.mycomplysafe.com is a site operated by CompySAFE Limited ("we" and “us” and “our”). We are a limited liability company, registered under the laws of Ireland with company number 627529 and having our registered office at Pembroke Hall, 38/39 Fitzwilliam Square West, Dublin 2, D02NX53. Our VAT Registration Number is 3545148EH.
3. ACCESSING OUR SITE
3.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
3.2 In signing up to our software, you will create a username (being your email address) and password as the first part of our two-step verification (“2 Step Verification”) security procedure. You must treat your password as confidential, and you must not disclose to any third party or any other staff member in your member organisation.
3.3 As part of our 2 Step Verification procedure, you will supply us with your email address to which we will send you an email with a link where you can verify that you are the user. At this point we will require you to protect your ComplySAFE account ('Account') with both your password and your phone. 2-Step Verification adds an extra layer of security to your Account, as it means that for you to be able to sign in you’ll have to access to (a) something you know (your secure password) as well as (b) something in your possession (a code that we will send to your phone).
3.4 If you lose your mobile phone, change phone numbers and fail to update your phone number in your Account settings on our software, or for any other reason lose access to the phone number that you registered with us at sign up, and are therefore unable to receive the code that it is the second step of 2 Step Verification, you can request from us an Account Recovery Questionnaire, which will be assessed by us in our absolute discretion. We will only provide you access to your Account once you have passed our security questions contained in the Account Recovery Questionnaire.
3.5 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 opinion you have failed to comply with any of the provisions of the Terms Of Use.
3.6 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that no unauthorised persons access the Site.
4. DISCLAIMER
4.1 Whilst we do take all reasonable steps to make sure that the information on this Site is up to date and accurate at all times, we do not guarantee that all material is accurate and, or up to date.
4.2 We accept no responsibility for any errors, omissions or misleading statements on this Site.
4.3 The contents of this Site are designed to comply with the laws of Ireland and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Site or its contents.
4.4 We provide access and use of the Site on the basis that we exclude all representations, warranties and conditions. You use the material on this Site at your own discretion.
4.5 We may make changes to the material on this Site at any time without notice.
4.6 We make no representation or warranty that access to this Site will be uninterrupted, timely or error free.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off a copy, and may download extracts, of any page(s) from the Site for authorised claim checking purposes.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 You must not use any part of the materials on the Site for commercial purposes other than those contained in the End User Licence Agreement.
5.5 If you print off, copy or download any part of the Site in breach of the Terms Of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.6 If you submit information to the Site, you acknowledge that the best efforts have been used in order to verify the accuracy of such information. We cannot be held responsible for any errors or inaccuracies contained in material supplied by a member organisation.
6. LIMITATION OF OUR LIABILITY
6.1 To the extent permitted by law, we, and third parties connected to us, hereby expressly exclude:
6.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any member organisation in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
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loss of income or revenue;
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loss of business;
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loss of profits or contracts;
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loss of anticipated savings;
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loss of data;
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loss of goodwill;
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wasted management or office time; and
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for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.2 This does not affect our liability for death or personal injury arising from our negligence (save as negligence induced by a member organisation), nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. VIRUSES, HACKING, UNLAWFUL/UNAUTHORISED USE AND OTHER OFFENCES
7.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching this provision, you would commit a criminal offence. 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 Site will cease immediately.
7.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
8. LINKING TO OUR SITE
8.1 You may link to our home page, provided you do so in a way that is fair, legal and does not damage or take advantage of our reputation.
8.2 You must link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
8.4 We reserve the right to withdraw linking permission without notice.
8.5 If you wish to make any use of material on the Site other than that set out above, please contact [email protected].
9. LINKS FROM THE SITE
9.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
9.2 We have no control over the contents of those sites or resources.
10. TRADEMARKS
10.1 ‘ComplySAFE’ is a registered trademark of ComplySAFE Limited.
11. AMENDMENT TO THESE TERMS
11.1 We may revise these Terms Of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms Of Use may also be superseded by provisions or notices published elsewhere on the Site.
12. JURISDICTION AND APPLICABLE LAW
12.1 The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
12.2 These Terms Of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
13. FURTHER INFORMATION
13.1 If you have any queries or concerns about material which appears on the Site, please contact [email protected]