You must read these terms and conditions to make sure that they contain all that you want and nothing that you disagree with.
Agreement to terms
- These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, "user" or “Customer”) and SAFEREC GROUP LTD trading as SafeRec ("SafeRec", “we”, “us”, “Service Provider” or “our”), concerning your access to and use of the saferec.co.uk website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in England and have our registered office at 71-75 Shelton Street, London WC2H 9JQ. Our VAT number is 409453591. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions, including the User Agreement posted on the Site, which are incorporated into these Terms and conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the site and you must discontinue use immediately.
- Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions.
- You can only purchase the Services from the Website if you are eligible to enter into an Agreement and are at least 18 years old.
- Agreement means the legally-binding Agreement between you and us for the supply of the Services;
- Order means the Customer's order for the Services from the Supplier as submitted following the step-by-step process set out on the Website;
- Services means the services advertised on the Website
- Website means our website SafeRec.co.uk on which the Services are advertised.
- Preferred Supplier List means the list of Companies selected by the Customer in the form of a list of companies that can be presented to any relevant individuals and incorporated bodies by the Customer.
- PSLConnect means the product created by SAFEREC GROUP LTD allowing the Customer to create a Preferred Supplier List of Umbrella Companies
- Umbrella Watchdog means the platform created by SAFEREC GROUP LTD allowing the Customer to create a list of Umbrella Company in order to present their Preferred Supplier List.
- Payslip Audits means the solution created by SAFEREC GROUP LTD allowing the Customer to verify payslip’s calculations are accurate.
Provision of the Services by the Service Provider
- The Service Provider agrees to provide Services to the Customer as set out in the Sales Order and in accordance with the terms of this agreement.
- The description of the Services as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
- In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- The Service Provider warrants to the Customer that, in connection with the provision of the Services:
- It is legally able to enter into this Agreement;
- It will comply with all applicable laws;
- It will use reasonable skills and diligence;
- The Service Provider do not warrant or represent:
- The completeness or accuracy of the information published on our website;
- That the material on the website is up to date;
- That any service on the website will remain available;
- The Customer acknowledges that:
- Complex website such as SafeRec.co.uk is never wholly free from defects, errors and bugs, and the Service Provider gives no warranty or representation that the Platform will be wholly free from such defects, errors and bugs;
- Any information provided on SafeRec.co.uk or through the services is provided for information purposes only.
License to use SafeRec.co.uk
- You May:
- view and download pages from our website in a web browser;
- when subject to applicable subscription and account limitations:
- use our SafeRec website services by means of a web browser.
- Generate and email Key Information Documents
- Create a PSL of Umbrella Company (PSLConnect)
- Create a list of Umbrella Company (Umbrella Watchdog)
- Submit Payslip for audit
- Send and Share Payslip Audit Results with third parties.
- Unless expressly permitted by SAFEREC GROUP LTD, you must not:
- republish material from our website (including republication on another website);
- sell or sub-license material from our website.
- Show any material from our website in public
- Exploit material from our website for a commercial purpose
- redistribute material from our website,
- We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
Limitations and exclusions of liability
- The Service Provider will not be liable in respect of any loss of profits, income, revenue, use, production, or anticipated savings.
- The Service Provider will not be liable for any loss of business, contracts or commercial opportunities
- The Service Provider will not be liable in respect of any loss of or damage to goodwill or reputation
- The Service Provider will not be liable of any special, indirect or consequential loss or damage.
- Neither party will be liable for any losses arising out of a force Majeure Event.
- The Service Provider liability in relation to any event or series of related events will not exceed the total amount paid and payable by the Customer to the provider under the agreement during the 12 months period immediately preceding the event or events giving rise to the claim.
Customer Obligations & Responsibilities
- By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- You must ensure at any time that all information you supply on SafeRec.co.uk or in relation to our website is accurate, true, and non-misleading.
- You must notify us immediately at firstname.lastname@example.org if you notice or become aware of any unauthorized use of your registered account.
- You must cooperate with us in all matters relating to the Services, provide us and our authorized employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
- You must not use SafeRec.co.uk for any unlawful, illegal, or fraudulent or in connection with any unlawful, illegal, or fraudulent purpose or activity. You must not conduct any systemic and recurrent data collection from SafeRec.co.uk.
- You must not use elements of our website for any marketing activity without our express consent.
- You might use our website on behalf of a company or organization. If you use our website or expressly agree to these terms and conditions then by doing so you bind both yourself and the person, company that operates that business.
- You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- An Agreement will be formed for the Services ordered only when you receive an email from us confirming the Order (“Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Agreement by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Agreement, but in any event not later than before performance begins of any of the Services.
Payment and Subscriptions
- You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. VAT will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in British Pound.
- You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to us charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
- We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
- To use some of our services, you must pay the applicable fees or subscription fees after you have registered for an account with SafeRec.co.uk. We will send you, by email, an acknowledgement of your order. Your order shall come into force upon the issue of the order acknowledgement.
- At the end of the subscription period, your subscription will be automatically renewed, and we will automatically collect the following subscription fee using the payment information you provided to us.
- We offer a 7-day free trial to new users who register with the Site. The account will not be charged, and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
- We will deliver the Services by the time or within the agreed period or, failing any agreement within a reasonable time.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Agreement is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a “distance contract” (as defined below) which has the cancellation rights (“Cancellation Rights”) set out below. These Cancellation Rights, however, do not apply to Services that are made to your specifications or are clearly personalised.
- Subject as stated in these Terms and Conditions, you can cancel this Agreement within 14 days without giving any reason.
- The cancellation period will expire 14 days from the day the Agreement was entered into.
- To exercise the right to cancel, you must inform us of your decision to cancel this Agreement by a clear statement setting out your decision (e.g. a letter sent by post or email).
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Please send your communication to email@example.com.
- We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.
- Except as set out below, if you cancel this Agreement, we will reimburse you all payments received from you.
- Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Agreement. This amount is in proportion to what has been supplied in comparison with the full coverage of the Agreement. This amount is to be calculated on the basis of the total price agreed in the Agreement or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
- We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- After the period of cancellation, all purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
- You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
- As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Submissions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You have the necessary consents and permissions to use and to authorize us to use your Submissions to generate key information documents, audit payslips, generate and share payslip audits results (collectively, "Services").
- You have the written consent and/or permission of each and every identifiable individual person to us to upload their personal information necessary to performing the Services including but not limited to first name, last name, email address, payslip.
- Your Submissions are not false, inaccurate, or misleading.
- Your Submissions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Submissions do not violate any applicable law, regulation, or rule including but not limited to the Data Protection Act 2018.
- Your Submissions do not violate the privacy or publicity rights of any third party.
- Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
- By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
- We do not assert any ownership over your Submissions. You retain full ownership of all of your Submissions. You are solely responsible for your Submissions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against any information related to your Submissions.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Contributions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Contributions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Contributions, and you hereby warrant that any such Contributions are original with you or that you have the right to submit such Contributions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.
Third-party websites and content
- The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
- We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- We reserve the right, but not the obligation, to:
- monitor the Site for violations of these Terms and Conditions;
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions;
- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- The Service Provider will support the customer in installing and activating their new account.
Duration, termination, and suspension
- These terms and conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Either you or we may terminate the Agreement or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Agreement and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Agreement for any reason, any of our respective remaining rights and liabilities will not be affected.
Modifications and interruptions
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
- We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions or delays. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Liability and Indemnity
- If SAFEREC GROUP LTD performance of its obligations under this Agreement is prevented delayed or inaccurate by any act or omission of the customer (you), its agents, sub-contractors, consultants or employees, SAFEREC GROUP LTD shall not be held liable for any costs, charges or losses sustained or incurred that arise directly or indirectly from such information or delay.
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Successors and our sub-contractors
- Either party can transfer the benefit of this Agreement to someone else and will remain liable to the other for its obligations under this agreement.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 'GDPR' means the UK General Data Protection Regulation.
- We are a Data Processor of the Personal Data we Process in providing the Services to you.
- Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can email: firstname.lastname@example.org
- The site is provided on an as-is and as-available basis. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- These term and conditions are governed by and interpreted following the laws of England and Wales. SAFEREC GROUP LTD and yourself both agree to submit to the exclusive jurisdiction of the courts of Wales and England, which means that you may make a claim to defend your consumer protection rights in regard to these terms and conditions in the United Kingdom.
- To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
- Any dispute arising from the relationships between the Parties to this Agreement shall be determined by one arbitrator. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England and Wales.
- The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
- The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
- any claim for injunctive relief.
- If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
- These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, or agency relationship created between you and us as a result of these Terms and Conditions. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
SAFEREC GROUP LTD
71-75 Shelton Street
London WC2H 9JQ
Phone: +44 (0) 20 3633 0568