1. Introduction1.1. We (About-Me Ltd trading as
Safeguard-Me) have developed The Safeguard–Me Passport (the App) as a download “Native Version” for the purpose of proving your suitability to work with children or vulnerable adults
2. When these terms apply2.1. Please read these terms and conditions in conjunction with our
privacy policy and
cookies policy. By registering for and continuing to use the
Safeguard-Me Passport, you agree to be bound by these terms.
2.2. We may, at any time and in our sole discretion, amend these terms for any reason. The latest version of our terms will be accessible through the App, and we will inform you via the App and request your continued agreement if we make any significant changes to these terms.
3. How to register to use the App3.1. To access the App you must be either registered with an organisation that you are either employed by or volunteer for (the App is free) OR pay a subscription, as an individual, when e will complete the verification of your
Safeguard-Me Passport.
3.2. If you access or attempt to access the App from outside England or Isle of Man:
· we cannot guarantee you will be able to access the App or that it will function correctly. you are responsible for complying with any local laws that apply to you in the country from which you are using the App.
3.4. In order to use the App you must be aged 16 years or older.
4. Accessing the App4.1. You are responsible for making all arrangements necessary for you to access the App, including but not limited to:
· a secure internet connection (see
Cyber Aware website)
· an appropriate device, operating system and browser
· if you wish to use the Native Version, downloading it from either Google Play or Apple's App Store (subject to their terms and conditions).
· using your own virus protection software (and regularly updating it) when accessing and using the App.
4.2. The App is only intended to be used by you. If you permit any other person to use your account, you:
· do so entirely at your own risk
· must not share your user identification code or password with such person
· are responsible for their access and use of the App as if it were your access and use
· must make sure such persons are aware of these terms and comply with them.
5. Updates to the App5.1. From time to time we may automatically update the Native Version of the App or ask you to manually update it, to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.
5.2. If updates are not installed you may be unable to use the Native Version or you may find that its functionality and/or performance is impaired.
6. Using the services6.1. If you download, print, export or share any of your personal data, you are responsible for ensuring that such data is held securely, and we will not be liable for any associated disclosure of sensitive and personal data.
6.2. In order for you to receive the intended benefits of the App and services accessed, you must ensure that all data provided by you is complete and accurate.
6.3. The App:
· is provided for information purposes to assist you to prove your suitability to work with children and vulnerable adults in a regulated activity. The app is also designed for you to assist your host organisation (Employer) or
Safeguard-Me, to perform all pre-employment and ongoing checks in line with statutory guidance and legislation.
· reflects your current status, against the relevant legislation and based on the information you have provided or that which is uploaded and stored by the host organisation.
7. Ending your use of the App7.1. You may stop using the App at any time.
7.2. If you breach any of these terms we may prevent you from accessing the App and suspend your App account. We will notify you of this. If what you have done can be put right, we will give you a reasonable opportunity to do so.
7.3. If your App account is cancelled:
· your access to the App will stop. You should delete the App from your devices
· any personal data we hold about you will be dealt with in accordance with our data retention policy, which is set out in our
privacy policy· all rights granted to you under these terms shall automatically cease without further notice (although your statutory rights - for example in respect of data protection as described in the privacy policy - are not affected)
8. Your right to use the App8.1. We own or have the right to use all intellectual property rights used for the provision of App, including rights in copyright, patents, database rights, trademarks and other intellectual property rights, ("
Safeguard-Me IPR").
8.2. You have permission to use the App for the sole purposes described in these terms. You need written permission from us or any other owner of
Safeguard-Me IPR to use these items in any other way.
8.3. Unless permitted by law or under these terms, you will:
· not copy the App or any
Safeguard-Me IPR except where such copying is incidental to normal use
· not rent, lease, sub-license, loan, translate, merge, adapt or modify the App or any
Safeguard-Me IPR
· not combine or incorporate the App in any other programmes or services
· not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or other any
Safeguard-Me IPR
· comply with all technology control or export laws that apply to the technology used by the App or other any
Safeguard-Me IPR.
9. Prohibited uses9.1. You may not use App:
· to collect any data or attempt to decipher any transmissions to or from our servers
· in a way that could damage, disable, overburden, impair or compromise our systems or security
· to transmit any material that is insulting or offensive
· in a way that interferes with other users
· in any unlawful manner or for any unlawful purpose
· in a manner that is improper use or inconsistent with these terms
· to act fraudulently or maliciously by hacking into the App
· to transmit, send or upload any data that contains viruses, Trojan horses, worms, spyware or any other harmful programs designed to adversely affect the operation of computer software or hardware
· in connection with any kind of denial of service attack
· unless it has been downloaded from official App Marketplaces (Google Play Store or Apple App Store)
· on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted"
If you do any of the above acts you may also be committing a criminal offence, and we will report any such activity to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them.
10. Our liability to you10.1. Although we make reasonable efforts to provide, maintain and update the App it is provided "as is" and, to the extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose), that the App or any particular services (a) are accurate, complete or up-to-date; (b) will meet your particular requirements or needs; or (c) will always be available, error free, uninterrupted or free of viruses.
10.2. We are not responsible for external links to or from the App and cannot guarantee these will always work. We are not responsible for Platform Services provided through the App. Services provided by third parties will have a connection agreement with
Safeguard-Me and undertake an integration process, but this does not mean that such services have been endorsed by
Safeguard-Me.
10.3. Nothing in these terms excludes or limits our liability for :
i) fraud or fraudulent misrepresentation;
ii) any loss or damage to a device or digital content belonging to you, if you can show that a) this was caused by the App and b) we failed to use reasonable skill and care to prevent this; or
iii) any other liability that cannot be excluded or limited under English law.
10.4. Subject to clause 10.3 of these terms, we will not be liable or responsible to you or any person you use the App on behalf of for:
· any harm, loss or damage suffered where this is not caused by i) our negligence (for instance, if a current or prospective employer makes any independent decisions based on the information provided by the App we would not be liable); or ii) our breach of these terms
· any loss or damage arising from an inability to access and/or use the App in whole or in part
· any business loss (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure)
· any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the App (loss or damage is "foreseeable" if it was an obvious consequence of our breach or if it was recognised by you and us at the time we entered into the contract created by your use of the App)
10.5. As Platform Services are also governed by separate terms of use you should also read the limits of liability described in those terms of use.
10.6. This clause 10 does not affect any legal rights you may have as a consumer in relation to defective services or software. Advice about your legal rights is available from your local Citizen's Advice or Trading Standards Office.
11. General11.1. These terms, and any other terms or policies referenced, set out the entire agreement between you and us in respect of your use of the App.
11.2. These terms do not give any rights to any third party to enforce any of these terms.
11.3. Each of the clauses and sub-clauses of these terms operates separately. If any part is determined to be invalid or unenforceable it will be superseded by a valid and enforceable provision that most closely matches the intent of the original and all other terms shall continue in effect.
11.4. Even if we delay in enforcing these terms we can still enforce them later.
11.5. The laws of England shall apply exclusively to these terms and all matters relating to use of the App, and dispute shall be subject to the exclusive jurisdiction of the courts of England.