SAFETY CULTURE TOOLKIT - TERMS OF USE

Terms of website use

Set out below are the terms of use on which you may make use of the Safety Culture Toolkit part of our website http://rssb.info-exchange.com/ (our site), whether as a guest or a registered user.

Please read these terms of use carefully before you start to use the site.   Where we make reference below to other documents or policies, they shall form part of the terms of use of our site.

By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

http://rssb.info-exchange.com/ is a site operated by RAIL SAFETY & STANDARDS BOARD LTD ("We").

We are registered in England and Wales under company number 04655675 and have our registered office at Evergreen House, 160 Euston Road, London, NW1 2DX. 

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site for any reason and without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

Intellectual property rights

Unless otherwise identified, we are the owner or the licensee of all intellectual property rights on or in our 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.

So far as is reasonable, you may print off copies, and may download extracts, of any page(s) from our site for your reference and you may draw the attention of others within your organisation to material posted on our site. 

With reference to information that is not your information, 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.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use, sell, distribute or licence any part of the materials on our site insofar as you would be infringing our intellectual property rights or those activities do not relate directly to the promotion of a Safety Culture within your own organisation for commercial purposes.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  Neither we, nor any third party who has assisted us in the creation of the Safety Culture Toolkit, have knowledge of the safety requirements of your business and by allowing you to access and use our site we do not undertake any duty of care towards you in relation to the implementation of a safety culture or safety practice within your organisation.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

We remind you of your obligations and duties under applicable Health and Safety legislation, your Railway Safety Case (if applicable) and the requirements of applicable Railway Group Standards.  The requirements of each of those should take precedence over the information within the Safety Culture Toolkit.

Output of safety culture toolkit

Our Safety Culture Toolkit is intended to give you an insight into the safety culture of your organisation.  It does not represent in whole or in part a guide as to what the safety culture of your organisation means or constitutes.  By making our Safety Culture Toolkit available to you and allowing you to receive any output from your use of the Safety Culture Toolkit, we express no opinion on the safety culture of your organisation.  We make no representation of warranty as to the adequacy or otherwise of the safety culture at your organisation or the appropriateness of the materials published on our website for your organisation.  The output of our Safety Culture Toolkit does not represent advice on which you may place reliance for the purposes of determining the adequacy or otherwise of the safety culture of your organisation.  You acknowledge and agree that you are responsible for the safety culture of your organisation and all actions and omissions that you may take or make in relation to safety in the course of your organisation business or activities.  You will indemnify and hold RSSB harmless from any claim that may be brought against it arising directly or indirectly from your use of the Safety Culture Toolkit.

Our site changes regularly

We aim to update our site regularly, and may change its content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions, representations or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

•·         All conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

•·         Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

•·         loss of income or revenue;

•·         loss of business;

•·         loss of profits or contracts;

•·         loss of anticipated savings;

•·         loss of data;

•·         loss of goodwill;

•·         wasted management or office time; and

•·         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.

Nothing in these terms shall affect our liability for death or personal injury arising from our negligence, 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.

Information about you and your visits to our site

We intend to collect information that you input into our Safety Culture Toolkit and to use it on an anonymised basis for RSSB research and development purposes.  We will process information about you in accordance with our privacy policy http://www.rssb.co.uk/privacy/index.asp.  By using our site, you consent to such processing and our use of your anonymised information for our research and development purposes.

Uploading material to our site

Our site permits you to create an extranet ("your Extranet") that is specific to your organisation insofar as the information shall be confidential to you and persons to whom you allow access to it.  Access to your Extranet site within http://rssb.info-exchange.com/ will not be offered by RSSB to any person other than you and RSSB and RSSB shall treat the information within your extranet site as confidential.

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [INSERT A LINK TO ACCEPTABLE USE POLICY].  You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. 

Any material you upload to our site other than:

(1) information that falls within the terms of our privacy policy; or

(2) information that is located within your Extranet

will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site (even if it is located within your Extranet) if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

Viruses, hacking and other offences

You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our site will cease immediately.

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 our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.  These terms of use are governed by English law.

Variations

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 our site.

Date of publication: 19 December 2007