Last Updated: June 10, 2020
Please read the following terms carefully. By accessing or using the information, content, documentation, sample code, tools, or other materials made available by SafetyCulture in, on, or through the Site (‘the “Materials”), or submitting content to the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (together, the “Terms”). If you are not eligible (as set forth in Section 2 below), or do not agree to the Terms, then you do not have our permission to use the Site.
The Site provides Materials primarily related to SafetyCulture and its security and systems management software and support (the “SafetyCulture Software”).
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your registration (where applicable) and your use of the Site is in compliance with all applicable laws and regulations. If you are using the Site on behalf of an entity, organization, or company (“Represented Entity”), you represent and warrant that you have the authority to bind that organization to these Terms, you agree to be bound by these Terms on behalf of that organization, and all references to you shall include such entity. By accessing or using the Site you agree to comply with the Acceptable Use Policy, which are part of these Terms and are hereby incorporated herein.
To access certain features of the Site, including the SafetyCulture Community currently located at https://safetyculture.com/community/ (the “SafetyCulture Community”), you may have to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. SafetyCulture reserves the right to refuse access to certain areas of the Site, including the SafetyCulture Community to anyone, at any time, without notice and for any reason.
Any use by you of SafetyCulture Software is subject to other agreements such as our iAuditor Service Agreement that accompanies or is included with the SafetyCulture Software or is signed by you (“SafetyCulture License Terms”).
You may not use the Site or Materials in any manner that negatively impacts SafetyCulture or its authorized users, including to compete with SafetyCulture. You may download, store, display on your computer, view, listen to, play and print Materials published or broadcast on the Site or made available for download through the Site subject to the following: (a) except as otherwise set forth in these Terms, the Materials may be used solely for informational, noncommercial purposes for your benefit; and may not be modified or altered in any way; and (b) the Materials may not be redistributed.
The Site may contain links to third party sites; such linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to remove any links at any time. Inclusion of a link does not imply endorsement by SafetyCulture of third party companies or products. If you decide to access any of the third party sites linked you do so entirely at your own risk.
Certain features of the Site, including the SafetyCulture Community, may permit users to upload content to the Site, including (i) images, video, data, text, source code, and other types of works, and (ii) questions and answers about the SafetyCulture Software, (iii) use cases, integration information and sample queries for use with the SafetyCulture Software (“User Content”).
SAFETYCULTURE DISCLAIMS ALL RESPONSIBILITY FOR YOUR RELIANCE ON ANY USER CONTENT. YOU SHOULD SEEK PROFESSIONAL ADVICE FROM A QUALIFIED PERSON IN ORDER TO DETERMINE WHETHER THE USER CONTENT IS SPECIFIC OR APPROPRIATE FOR YOUR INTENDED USE.
By submitting User Content to the Site, you acknowledge and agree that: (i) you have authorized the public distribution of the User Content; (ii) SafetyCulture is not under any obligation of confidentiality, express or implied, with respect to such User Content; (iii) SafetyCulture shall be entitled to use or disclose (or choose not to use or disclose) such User Content for any purpose, in any way, in any media worldwide, including to create features and/or functionality of the SafetyCulture Software; (iv) SafetyCulture may have something similar to such User Content already under consideration or in development and does not waive any rights to use similar or related ideas, including to the extent previously known or developed by SafetyCulture or obtained from sources other than you; (v) you are not entitled to any compensation or reimbursement of any kind from SafetyCulture for such User Content under any circumstances.
By posting User Content you grant SafetyCulture and any users of the Site a worldwide, perpetual, non-exclusive, sublicenseable, irrevocable, royalty-free, fully paid up right and license under all of your intellectual property rights, to host, store, transfer, display, use, make, sell, perform, reproduce, modify, distribute and otherwise fully exploit your User Content, in whole or in part, for any and all purposes.
You are solely responsible for your User Content and the consequences of posting, using or publishing User Content. By posting or publishing User Content, you represent and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize SafetyCulture and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you above, in the manner contemplated by SafetyCulture, the Site, and these Terms, including the authorization of a Represented Entity if required; and your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate the Acceptable Use Policy; or (iii) cause SafetyCulture or any third parties to violate any law or regulation.
We are under no obligation to monitor, edit or control User Content that you or other users post or publish, and will not in any way be responsible or liable for User Content, including any actions you may take based on User Content. SafetyCulture may, however, at any time and without prior notice, screen, remove, edit, or block any User Content, including any such User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable or have unintended consequences. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against SafetyCulture with respect to User Content. We expressly disclaim any and all liability in connection with User Content.
No materials or content made available through the Site, including the SafetyCulture Community, constitutes a promise or undertaking by SafetyCulture, including a promise or undertaking to develop, incorporate, implement, or take any other action regarding an idea, or to refrain from doing so. Any unreleased product or service (including any related feature) discussed on the SafetyCulture Community or elsewhere may not be made available on time or at all, notwithstanding any comments SafetyCulture or its representatives may make. You hereby acknowledge and agree that any decision to purchase or use any SafetyCulture product or service will be based on the then-existing version and features of such product or service, and not on any unreleased or expected version or features.
The SafetyCulture Community is provided as a convenience to users and SafetyCulture is not obligated to provide any technical support for, or participate in, the SafetyCulture Community. Any information you provide as part of your participation in the SafetyCulture Community may be transferred to third parties such as Slack that provide additional functionality for the SafetyCulture Community. By accessing or using such third-party functionality, you agree that these terms including the Acceptable Use Policy apply to your access and use in addition to any additional terms governing the functionality provided by the third party. While the SafetyCulture Community may include information regarding SafetyCulture Software, including information from SafetyCulture employees, the SafetyCulture Community is not an official customer support channel for SafetyCulture. You may use the SafetyCulture Community subject to the following: (a) User Content and/or Materials may be used solely in connection with your authorized use of the SafetyCulture Software; (b) User Content and/or Materials provided on or through the SafetyCulture Community may not be redistributed or used to compete with SafetyCulture; and (c) personal data about other users may not be stored or collected except where and to the extent expressly authorized by SafetyCulture. Your use of SafetyCulture Community content is without support or testing services of any kind and is not recommended for use in production environments. SafetyCulture does not guarantee that SafetyCulture Community content will work for your purposes or that they are free from security exposures, bugs, defects or other issues. SafetyCulture Community content is provided “as is.” You alone bear the risk of using this service. SafetyCulture will bear no liability whatsoever with respect to the content. SafetyCulture provides no indemnification, express warranties or guarantees with regard to SafetyCulture Community content. To the extent permitted under applicable law, SafetyCulture excludes implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Your use of SafetyCulture Community content is not subject to any commitments provided by SafetyCulture under any other agreements SafetyCulture may have with you. SafetyCulture reserves to remove or replace content from SafetyCulture Community at any time. SafetyCulture further reserves the right to incorporate any content into SafetyCulture commercial products, subject to separate terms and conditions for those commercial products.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about any material posted on the Site, including User Content, you may contact our designated copyright agent at the following address:
SafetyCulture Pty Ltd., Email: firstname.lastname@example.org
Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:
SafetyCulture will promptly terminate the accounts of users that are determined by SafetyCulture to have repeatedly posted or shared User Content that may infringe the rights of others.
The Materials, User Content and derivatives thereof may be subject to export and import laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not permit any access to or use any Materials or User Content in or from a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan, and Syria) or in violation of any export or import law or regulation of any jurisdiction.
You may terminate your account at any time by contacting customer service at support@SafetyCulture.io. If you violate any provision of these Terms, your permission from us to use the Site will terminate automatically. In addition, SafetyCulture may in its sole discretion terminate your user account on the Site or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes as indicated by the Last Updated Date at the top. By continuing to access or use the Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop accessing or using the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
The Site is owned and operated by SafetyCulture. The visual interfaces, graphics, design, compilation, information, documents, data, software, computer code (including source code or object code), Sample Code, services, and all other elements of the Site provided by SafetyCulture (“Materials”) are protected by intellectual property and other laws. All Materials contained in the Site are the property of SafetyCulture or our third-party licensors. Except as expressly authorized by SafetyCulture, you may not make use of the Materials. SafetyCulture reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or the SafetyCulture Software (collectively, “Feedback”), then you hereby grant SafetyCulture an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site or the SafetyCulture Software.
You are responsible for your use of the Site, and you will defend and indemnify SafetyCulture and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “SafetyCulture Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
(a) your access to, use of, or alleged use of, the Site;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(d) any dispute or issue between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SAFETYCULTURE ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SAFETYCULTURE ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SAFETYCULTURE ENTITIES, THE SAFETYCULTURE SOFTWARE OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, YOUR DEALING WITH ANY OTHER SITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR USER CONTENT THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR NETWORK, ENDPOINTS, COMPUTER SYSTEM OR MOBILE DEVICES USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR USER CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
IN NO EVENT WILL THE SAFETYCULTURE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR USER CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SAFETYCULTURE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE SAFETYCULTURE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE, ANY MATERIALS OR USER CONTENT ON THE SITE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are governed by the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
The Site is offered by SafetyCulture Pty Ltd., located 2 Lacey Street, Surry Hills, NSW 2010 Australia. You may contact us by sending correspondence to that address or by emailing us at support@SafetyCulture.io.
© 2020 SafetyCulture Pty Ltd. All rights reserved. SafetyCulture is a registered trademark of SafetyCulture Pty Ltd. All other trademarks herein are the property of their respective owners.
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