These Conditions may be updated from time to time and the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Conditions so that you are aware of any changes to them.
- Definitions and Interpretation
1.1 In these Conditions, the following words have the following meanings:
App: the fire safety scheme mobile application, the fire safety scheme website platform, and all other software made available to the Customer, including all error corrections, patches, new releases and new versions together with all App Content;
App Content: all content and information contained and/or accessible within the App including Reports;
Authorised Persons: your employees nominated to provide the Customer Responses and/or to receive the Report and complete any additional actions required;
Building: the building or buildings to be assessed by the App;
Confidential Information: has the meaning given to it in Condition 9;
Customer, you: the party wishing to use the App;
Customer Responses: all material uploaded to the App by the Customer, including all responses to question together with all documents and images;
Fee: the fee due to access and use the App calculated in accordance with the provisions of the fee page [link];
IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Reviews: all feedback, comments and reviews on a Report;
Reports: a fire risk assessment report provided to you through the App including any Reviews attached to the Report; and
us: Fire Investigation Risk Evaluation Consultancy Limited (trading as F.I.R.E Consultancy) a company registered in England and Wales with company number 09291637 and registered office at Ty Abraham Barn Treneddyn Farm, Crosshands Road, Ponraddulais, Swansea, Wales SA4 0FP.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 The headings shall not affect the interpretation of these Conditions.
1.4 References to Conditions are references to the numbered provisions of these Conditions.
1.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
1.6 Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.
2.1 If you wish to register to subscribe to the App, you must be entitled to represent your company or other organisation and bind them to these Conditions. You must provide us with accurate and current information and if there is any change to the information that you provide to us, you must immediately update your account. At our request, you shall promptly provide written evidence of the validity of information that you provide to us.
2.2 You shall ensure that the Authorised Person shall acknowledge the obligations and restrictions under these Conditions and agrees to comply with the same. You shall immediately notify us if you become aware of any breach of the terms of these Conditions by an Authorised Person.
- You shall be responsible for all access to and use of the App by your Authorised Person. You shall be responsible for ensuring the security and confidentiality of all log-on identifiers, including passwords, assigned to, or created by, you or an Authorised Person in order to access or use the App and you acknowledge and agree that you are solely responsible for all activities that occur under such log-in identifiers. You shall promptly notify us upon becoming aware of any unauthorised access to or use the App, and provide all reasonable assistance to bring an end to such unauthorised access or use.
- Buildings and Customer Responses
3.1 You warrant that you own or have the right to include details of the Building within the App and to authorise us to create a Report for the Building. In addition, you authorise us to include the address of the Building and the fire safety score rating that we prepare for the Building within our public facing website platforms; provided that we shall not use the full Report or any personal data within such listing.
3.2 Unless we agree to do so under Condition 6.3, you acknowledge that we do not make any physical inspection of the Site, and accordingly you agree that certain features or issues and/or the condition of a Site may only be apparent from a physical inspection.
3.3 The Report relates to the Building, and may not be used in relation to any adjacent building or site.
3.4 The Report including for the avoidance of doubt, the Reviews, is based on the Customer Responses. Accordingly, you agree that you shall prepare the Customer Responses to reflect the current condition of the Building and to the best of your knowledge. In particular, you warrant and represent that your Customer Responses will not (a) be deliberately or knowingly false, inaccurate or misleading; (b) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (c) infringe the IP Rights or other legal rights of any person; (d) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; and/or (e) give rise to any cause of action against us.
3.5 You further warrant and represent that you shall use industry standard virus detection software to try to block the uploading of Customer Responses that contains viruses or other malicious code.
3.6 In the event of any loss or damage to Customer Responses, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Responses from the latest back up of such Customer Responses maintained by us. You acknowledge and agree that this process will overwrite the Customer Responses stored on the App prior to the restoration. Accordingly, you shall separately maintain up-to-date copies of the Customer Responses.
3.7 Once you have submitted all of the Customer Response that are required, we shall send the Report to your Authorised Person. We shall also prepare our Review of the Report which we aim to submit to you within 72 hours of delivery of the Report.
4.1 Subject to the these Conditions and receipt of the Fee, we grant to you the non-exclusive, non-transferable right and licence to (a) download, access and use the App to upload Customer Reponses and create a Report; and (b) view, print and share within your organisation, the Report and any Reviews.
4.2 You have no right to sub-license your rights under any part Condition 4.1.
4.3 You shall comply with all of our reasonable instructions relating to the App. We may, at our sole discretion, provide upgrades and new releases of the App from time to time.
4.4 If at any time your access to and/or use of the App is excessive and as a result impacts on other clients’ ability to use the App, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use. We reserve the right to increase the Fee due to any such excessive use.
4.5 You shall not, and shall not permit or assist any third party to (a) attempt to view, access or copy any content or data other than that to which you are authorised to access; (b) translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the App, nor arrange or create derivative works based on the App except to the extent permitted by law not capable of exclusion by agreement; (c) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the App or the Report; (d)combine, match or merge the whole or any part of the App with or incorporate the App into any third party code; (e) distribute, sell, sub-license, lease, resell or purport to assign access to the App or the Report; (f)attempt to undermine the security of the App; (g) access the App to build a competitive product or service or to build a product or service using similar ideas, features, functions or graphics; (h) make available online all or part of the App or the Report through the Internet, or any intranet; (j) remove or alter any copyright or other proprietary notice on any part of the App or the Report; and/or (k) take any action in an attempt to obtain any other user’s data, cause malfunction, crash, tamper with or otherwise impair the App.
4.6 You agree that we shall be entitled record your access and use of the App for the purposes of diagnosing and fixing problems, training and support. We may transfer such records to third parties for the purposes of analysis and processing. No personal data shall be included in such records, and we shall use reasonable endeavours to ensure that such third parties keep all such records confidential.
- App Availability
5.1 We shall use reasonable endeavours to make the App available at all times, but the Customer acknowledges that there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
5.2 Subject always to Condition 10, we agree to use our reasonable endeavours to keep secure the App, your Customer Responses and the Report.
5.3. We reserve the right to remove any content or features from the App for any reason, without prior notice, and shall have no liability or responsibility to the Customer in any manner whatsoever in such circumstances, save to refund pro-rata any Fees paid in advance in respect of any significant content or features suspended or stopped that you previously accessed and used. We shall calculate such pro-rata refund at our sole discretion, provided that we shall act reasonably in doing so.
- Fees, Additional Services
6.1 You can download the App before you pay the Fee, but you will not be able to provide any Customer Responses until we have received the Fee. You should visit the website located at www.firesafetyscheme.uk in order to select the appropriate licence information. If at any time you fail to pay an instalment of the Fee by the due date, we reserve the right to (a) claim costs and interests on any outstanding amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; (b) cease to make the App available to you; and/or (c) delete all Customer Responses.
- You acknowledge and agree that we shall be entitled to increase the Fees at any time on written notice to you. Your continued access and use of the App shall constitute your acceptance of the increased Fees.
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable fees in effect at the time of performance or such other rate as may be agreed between us including a fee based on time and materials. In addition to the fees, we can recover from you (a) reasonable incidental expenses including travel expenses, hotel costs, subsistence and any associated expenses; (b) the cost of additional services provided by third parties and required by us for the performance of the additional services; and (c) the cost of any materials required for the provision of the additional services.
7. IP Rights
7.1 You agree that no IP Rights that subsist in the App shall transfer to you under these Conditions. We acknowledge that you retain the IP Rights in the Customer Responses, but you grant to us a non-exclusive right and licence to use the Customer responses to prepare the Report and allow Reviewers to post a Review. Reviewers assign all IP Rights in their Reviews to us.
7.2 You grant to us the right and licence to use your name and any associated logo in any and all promotional and marketing materials, including online materials.
7.3 You shall promptly notify us of any claim, notification or allegation that you receive that your use of the App infringes the IP Rights of any third party (a Claim). You shall (a) not make any admission of liability, agreement, settlement or compromise in relation to a Claim without our prior written consent; (b) give to us and our professional advisers all reasonable assistance as may be required in relation to a Claim; (c) at our request, give us the exclusive control and right to defend a Claim and make settlements in relation to a Claim; and (d) mitigate your losses in relation to a Claim, including where requested to do so by stopping using the App.
7.4 On receipt of a notice under Condition 7.3, we shall at our sole expense either procure for the Customer the right to continue accessing and using the App or modify or replace the infringing part of the App without to avoid the infringement.
- Confidential Information
8.1 Confidential Information shall mean all information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).
8.2 The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.
8.3 The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.
8.4 The provisions of Conditions 8.1, 8.2 and 8.3 shall not apply to any Confidential Information which (a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party; (b) is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or (c) is required to be disclosed by any court, government or administrative authority competent to require disclosure.
- Warranties, Indemnity
9.1 Subject to these Conditions, we warrant that we shall (a) provide access to the App with reasonable skill and care; and (b) use industry standard virus detection software in relation to the App.
9.2 You warrant and represent that you are not a consumer and that you are acquiring the right to access and use the App for the purposes of a business. Accordingly, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect consumers in any jurisdiction does not apply to the licence of the App and/or these Conditions.
- You warrant that you have not relied on any oral representation made by us, or on any descriptions, illustrations or specifications contained in any materials, including online materials, produced by us which are only intended to convey a general idea of the App. You confirm that in your opinion, the App is fit for your purposes.
- You shall indemnify us, our directors, representatives and agents from and against all direct and indirect costs, claims, losses, expenses, damages and liabilities however arising as a result of or in connection with use by us of the Customer Responses in accordance with the terms of these Conditions and/or your use of the App and/or Reports in breach of these Conditions.
- Disclaimer, Limit of Liability
10.1 You agree that (a) the Report is based on and reflects the information in the Customer Responses; (b) we have no liability for any errors in the Report based on the Customer Responses; (c) the Report is intended for use by professional advisers who are experienced and skilled in the use and interpretation of fire risk assessment opinions; (d) the Report should not be used or relied on in isolation. You should continue to comply with standard industry practice to prevent the risk of fire including all relevant building regulations, codes of conduct and applicable laws and regulations, including all Fire Safety Buildings Regulations, Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (all as may be amended from time to time).
10.2 We will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the App for any (a) economic loss (including loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation or goodwill; (c) loss of data or content, including Customer Responses; and/or (d) special, indirect or consequential loss even if advised of the possibility of such losses.
10.3 Our aggregate liability to the customer under these Conditions or otherwise in respect of the App or the Report shall be limited to the Fees received by us from you.
10.4 The App may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content. Neither do we accept responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises on the App, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
10.5 Nothing in these Conditions shall limit or exclude a party’s liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other loss that cannot lawfully be excluded or limited.
- Subscription Term and Termination
11.1 Subscription to the App is a 12-month subscription.
11.2 Either party may terminate their subscription to the App, at any time, immediately by giving the other written notice if the other party breaches any term of these Conditions and if such breach is capable of remedy, fails to remedy the breach within 5 days. No refund of the Fee shall be due following termination by us under this Condition 11.2.
11.3 On termination of your subscription to the App for any reason (a) you shall cease to access the App and delete the App from all devices in your control; and (b) we may retain all Customer Responses for no more than 12 months, but at the Customer’s request, we shall give to the Customer 24 hours to download the Customer Responses and the Report subject to payment of our fee to do so.
11.4 Conditions that are intended by the nature to continue after termination shall so continue.
12.1 These Conditions contain the entire agreement of the parties with respect to the access to the App and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Conditions.
12.2 The Customer shall not assign or delegate its rights or obligations under these Conditions, in whole or in part, to any third party by operation of law or otherwise. Any attempted assignment or delegation that does not comply with this Condition 15.2 shall be of no effect.
12.3 Any failure to enforce any provision of these Conditions shall not constitute a waiver thereof or of any other provision.
12.4 If any provision of these Conditions is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.
12.5 Nothing in these Conditions shall create or imply an agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other.
12.6 These Conditions are governed by and will be construed in accordance with the laws of England and Wales.
12.7 The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal actions or proceedings arising out of or in connection with these Conditions.
- Additional Terms if you download the App from the Apple iTunes App Store
We both acknowledge that these Conditions are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content of the App. The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Conditions. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Conditions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Conditions, and that, upon acceptance of these Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Conditions against you as a third-party beneficiary thereof.