It is a condition of a registration on this website and the subsequent use of this website that you have read and accepted the Terms & Conditions.
These terms & conditions and licensing agreement ("the Terms") govern the users ("you" or "your") use of the website www.fleetriskprofiler.com ("the Website") and your relationship with Risk Frisk Ltd ("we", "our" or "us"), prior to, during or after your use of the Website. Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us at firstname.lastname@example.org.
Risk Frisk Ltd. Registered in England and Wales No. 3605452
Registered Office: Lewis House, Great Chesterford Court, Great Chesterford, Essex, CB10 1PF
In these Terms and Conditions, unless the context requires otherwise, the following terms shall have the meanings set adjacent:
"you" or "your"
A person who is registered on the Website as a User; either individually by themselves and/or by an organisation
"we", "our" or "us"
A person who is registered on the Website as an Administrator; either individually by themselves and/or by an organisation who manages the individuals and/or organisations use of the Website
Any body corporate, private or public body, local or central government, charity or group of people that uses the Website site via registered Administrators and/or Users to order, purchase and complete Fleet Risk Profilers™.
A Fleet Risk Profiler™ purchased for the online operational risk profiling™, identification, assessment, analysis and reporting of risks for an organisation or site (depot, garage, warehouse, garage, office) in a particular area of an organisation's operations, including its supply-chain, 3rd and 4th party contractors.
Either a specific location (depot, garage, warehouse, garage, office or other facility/premises from where an organisation operates or manages a fleet, related activities and a supply-chain), or a total organisation, a division, a country or gorup of sites where the Fleet Risk Profiler™ is being used. The Profiler™ Administrator/User has to decide at the commencement of the process what is the 'scope' that the Profiler™ entries will cover.
A version of the the Fleet Risk Profiler™, which is designed for risk profiling, risk assessment and due diligence usage on current and potential supply-chain partners, sub-contractors and third-parties. It can only be purchased and used by an existing Fleet Risk Profiler™ website registered organisation.
The User will complete an Operational Risk Profile for the organisation or Site being Risk Profiled™, which sets the risk levels of the risks they will be assessing. The users then complete responses to questions in the Risk Areas and Risk Elements sections which establishes a 'Site Target', a 'Site Achievement' and a 'Site Performance'. A report is automatically produced.
The report includes the following:
A full version of the Fleet Risk Profiler™. The Pro™ version is suitable for all types of fleet operators, whether they be users or providers of fleet and related services.
The User will complete the Operational Risk Profile for the organisation or site being Risk Profiled™, which sets the risk levels of the risks they will be assessing. The Users then completes responses to questions in the Risk Areas and Risk Elements sections which establishes a 'Site Target' and 'Site Achievement' and a 'Site Performance'. Two different reports are automatically produced.
The Management Overview Report includes the following:
The Detailed Analysis Report contains:
"Pro™ + Content customisation"
A version adapted by the Fleet Risk Profiler™ specialist team in conjunction with an organisation who wish create their own specially adapted Pro™ and Supply-Chain™ versions.
"Pro™ + Branding customisation"
A version adapted by the Fleet Risk Profiler™ specialist team in conjunction with an organisation to use its own branding so that the Fleet Risk Profiler™ process appears to be, and is used as if it is an internal organisational process.
To describe that the content is not linked to any particular set of country regulations or practices.
The granting by Risk Frisk Ltd of permission to use the Fleet Risk Profiler™ website.
The provision of benchmarking data to make comparisons.
The automatic production of the results of the use of a Fleet Risk Profiler™, following user and administrator confirmation of completion.
The status when a payment has been received by us for the purchase of a licence to use the Fleet Risk Profiler™ website, and the money cannot be revoked by the payee.
The status of the Fleet Risk Profiler™ website at the time a purchase is completed.
The process by which a Fleet Risk Profiler™ website administrator and/or user provides information required by the website.
By using the Website and the purchased product you agree to be bound by these Terms & Conditions and Licence Agreement.
We subject to the terms and conditions of these Terms, hereby grants you a non-exclusive, non-transferable right and licence during the term of this Agreement to use the Website and purchased Product, namely Pro™; Supply-Chain™ and Pro™ + customised versions provided by us via the Website for as long as you abide by the provisions stipulated herein. The term of your licence is based on the amount of the price paid to us based on the then-current price of a Product agreed with you and the specific terms of any separate Licence relating to a customised version and the specifically adapted versions of the Pro™ and Supply-Chain™ versions. The Website may include functionality that will render it in-operable upon expiration of your licence and/or the full completion and reporting on a Product.
We guarantee that the Website will correspond in general terms to the specification given on the Website at the date the product was purchased and up to 30 days thereafter. We do not warrant that the Website will operate without interruptions, detect all viruses or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a claim within the 30-day warranty period and the Product purchased has not been completed and the reports produced, our liability is limited to replacing the purchased version of the Product, for the same site that the original Product was assigned.
You agree that all rights not expressly granted in this Agreement are reserved by us.
You agree that this is the entire agreement between you and us, and that it supersedes any prior agreement, whether written or oral, and all other communications between us and you relating to the subject matter of this Agreement.
We reserve the right to:
Update these Terms and Conditions from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions and we reserve the right to modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
We may from time to time make improvements and/or upgrades to the Website. If a new version of the Product is issued, then a Product purchased via an earlier version will remain linked to that earlier version, unless at the time of commencement of the use of the Website to undertake that particular Product completion, the User elects to use a later version.
You understand and accept that any future analysis and/or benchmarking provided by the Website may relate to different Product content if you and/or your Administrator select different versions for the completion of purchased Products.
5. PROVISIONS AND USE OF WEBSITE
We host the Website on UKFast.net and in conjunction with full service support from them, will use all our best endeavours to make the Website available at all times; however, we cannot guarantee to do so. Sometimes things we cannot control may affect the Website availability.
Registration and usage support for Website Administrators and Users is provided via our main telephone number and is available Monday-Friday and between 09:00 & 17:00 hours (GMT), except UK public holidays. A response will be made with 4 hours of the call being logged. Email support is available outside of those hours, with a response time of 8 hours. No technical support is provided as the Website and Products operate via Microsoft Internet explorer application.
You may not use the Website and Products in any way which threatens or violates our copyright. That includes making copies, reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the Website and Products or decoding it in any other way. All rights not expressly granted are reserved. You may not use the Website and Products in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, or any other data or code for detecting malicious code or data. Use of the software together with so-called "sigtools" is not permitted.
Each registered use of the Website, either by an Administrator(s), single and/or multiple assigned Users is allowed for each purchased Product. When purchasing multiple Products, the number of Website uses is dependent on the type of the licence.
You acknowledge that the foregoing license extends only to your use of the Website and Product as described in the online documentation and demonstration accompanying the version of the Product purchased and you agree not to reconfigure or modify the Website and Product in order to enable features or functionality different than those described in such online documentation and demonstration unless a customised version is purchased, when we will work with you to change the settings to suit your organisation, subject to those changes not affecting the current Website and Product process and functionality. You may not: (i) reverse engineer, decompile, or disassemble the Website and Product; (ii) modify, or create derivative works based upon, the Website and Product in whole or in part; (iii) distribute copies of the Website and Product; (iv) remove any proprietary notices or labels on the Website and Product; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Website and Product. Any transfer in violation of this provision is not permitted and may cause your license to be terminated with no refund of the Product and/or related payments. Any use in violation of these Terms and Conditions shall immediately terminate your, and/or your organisations use of the Website and Product.
You warrant, represent and undertake that the Administrator and/or User information which you are required to provide when you register on the Website is true, accurate, current and complete in all respects and you agree to notify us as soon as possible of any changes to the Administrator and User information by amending your information and other information controlled by you online by accessing the parts of the Website that contain the information.
We reserve the right to decline your registration and your use of the Website and Product at our sole discretion.
You acknowledge that by your use of the Website and Product you grant to us and assign an irrevocable, perpetual and royalty-free licence to use the content and data within the Website and in any other manner. The licence extends to copying, distributing, broadcasting and otherwise transmitting, adapting and editing such content and data, but without you, and/or your organisation and site Profiled being specifically identified. We may use such content and data in our sole discretion and may remove them from the Website at any time without notice to you. You also acknowledge that by entering information on the Website and Product you grant us a licence in respect of such information.
You acknowledge that the website is available for use by UK based organisations and UK sites and that any use by an organisation or a site outside the UK is at their own risk. A formal announcement will be made when the website is formally available for use beyond the UK.
6. YOUR RESPONSIBILITIES
To use the Website in accordance with these Terms & Conditions, and by using the Website, you accept that you have read and accepted the terms current at that time.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character is strictly forbidden and can result in the User, Administrator or the organisation from where the User and/or Administrator has accessed the Website being prevented from accessing in the future, any non-Public areas of the Website.
To keep the Website free of spam, viruses, spy ware and other unauthorised items you will install and keep updated an effective anti-virus programme on the computer used to access the Website. Should we detect that the computer being used by an Administrator or User is compromising the Website and Product and other Users we reserve the right to immediately withdraw access to the Website by that Administrator and/or User and all other Administrators and Users from an organisation.
You will provide an email address (as a User name) for the registration process and you will be allocated a Website generated unique password. You are responsible for maintaining the confidentiality of your User name and password and are fully responsible for all information, responses and subsequent analysis and reporting arising from access to the Website and Product via that User name and password. You agree to notify us immediately of any unauthorised use of your User name and password or other breach of security of which you become aware.
You agree not to impersonate any other person or to use a false name or a name you are not authorised to use and/or other information which you know to be false.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. THIRD PARTY LINKS
There are a limited number of carefully selected third party links from the Website. The links are provided for general information only and we accept no responsibility for the content of external websites, nor the services or products offered and/or provided by external parties.
9. CHARGES, PAYMENT AND VAT
Prices shown on the Website will apply only in the circumstances described at the time of ordering and purchase.
UK Value Added Tax (VAT) at the prevailing rate is applied automatically to all orders via the Website.
You acknowledge that the use of the Website and Product contains a unique sign-in. If you select to use the Website and/or Product, and pay the purchase price, we will provide you a unique sign-in to enable you to use the Website and Product during the term of your use of the Product. You agree not to purchase any unique sign-in from any source other than us or our authorised partners.
10. DATA PROTECTION
We are registered with the UK Data Protection Registrar and undertake to maintain the privacy of any information supplied via the Website as part of an Administrator's and/or User's registration, Fleet Risk Profiler™ ordering, purchase, payment, completion, reporting and general Administrator and User functions.
We will not under any circumstances provide data collected on a data subject and their organisation to any third party, unless required to do so by law.
We may contact you from time to time, with details of additional products and services that we hope will be of interest to you, and which are provided by us. In the event we acquire or develop other businesses the data may be used by the new business in a similar way.
Should we provide details of additional products and services, we will always do so in conjunction with an unsubscribe facility.
11. INTELLECTUAL PROPERTY
The use of the Website specified in this Agreement is and will be the sole property of us. It is subject to copyright and as such is protected to the fullest extent allowable by law.
Copyright, trademarks, database and other intellectual property rights protect the content of the Website and you acknowledge that the material and content supplied as part of the Website shall remain with us.
You agree that no title to the intellectual property in the Website and Product (as defined), or sign-in is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Website, Product and sign-in shall remain with us.
You may retrieve and display the content of the Website and the content of any reports produced as a result of your use of the Product on a computer screen, store such content in electronic form on the hard drive of the computer used to access the Website, (but not any server or other storage device connected to a network) or email and print such copies and/or reports of such content for your own personal and/or organisational, non-commercial use, provided you keep intact all and any copyright and proprietary information and notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the processes, materials, content, diagrams, flowcharts or photographic images on the Website.
12. LIMITATION OF LIABILITY
Notwithstanding any other provision in these Terms & Conditions, nothing in these Terms & Conditions will affect or limit your rights as a consumer under English law.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you to us. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
The reports provided by the Website are based on the responses made by an Administrator(s) and User(s) into the Website and a Fleet Risk Profiler™ and we cannot be held legally liable or responsible for the accuracy, completeness, or usefulness of the results and analysis or the actions taken or not taken by an Administrator(s) and User(s) and/or an Administrator(s) and/or User's organisation as a consequence of the Report(s).
In particular, we disclaim all liabilities in connection with the following:
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms and Conditions.
This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from us to effect such termination. You may also terminate this Agreement at any time by notifying us in writing of termination. Upon any termination of this Agreement, you must destroy all copies of your sign-in and any other information stored by your as a consequence of your use of the Website and Product, except Reports provided by a completed Product.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
15. LAW AND JURISDICTION
The Website is controlled and operated in the United Kingdom. The Terms and Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the English courts.
You acknowledge that the Website and Product is subject to the export control laws and regulations of the United Kingdom ("U.K.") and agree to abide by those laws and regulations. Under U.K. law, the Website and Product may not be downloaded or otherwise exported, re-exported, or transferred to restricted countries, restricted end-users, or for restricted end-uses. In addition, the Website and Product may not be used or otherwise exported, re-exported, or transferred to an end-user engaged in illegal activities and/or a prescribed organisation. By using the Website and Product, you are agreeing to the foregoing. You are also warranting that you are not (i) located in, or a resident or national of, a restricted country; (ii) on any of the U.K. lists of restricted end-users; or (iii) engaged in any activity related to illegal activities or a prescribed organisation. You understand that the requirements and restrictions of U.K. law as applicable to you may vary depending on the Website and Product and may change over time, and that, to determine the precise controls applicable to the Website and Product you must ensure that you consult the appropriate UK body to identify the current requirements.