These Terms apply upon your access and use of the System and you agree to comply with them.
BSI grants you a non-exclusive, non-transferable, revocable licence to access and use the System on a worldwide basis.
You acknowledge that the licence BSI grants you may not be shared with anyone other than authorised users nominated by you to use the System and who have been provided with log in details and a password by BSI or your nominated administration user (Authorised Users). You and your Authorised Users must not assign access to any third party.
that each Authorised User has permission within the Client’s organisation to access and use the System and the Client’s information;
to procure that each Authorised User does not use the same password for the System as it does for any other site;
not to upload information to the portal that would cause serious harm to your organisation if it were to be misappropriated.
You own the information that you submit to the System and you assume any risk of loss. You agree and will ensure that your information is:
complete, accurate and kept up to date throughout the duration of the Contract; and
subject to the obligations in your contract with BSI for certification and testing services if relevant.
You grant to BSI an irrevocable, unlimited and royalty-free license to use your information uploaded onto the System.
BSI will not investigate or confirm the truth, accuracy or completeness of any information on the System.
BSI does not warrant that your use of the System, including without limitation, the databases and/or software an your information, will be uninterrupted or error-free, or that the results obtained will be successful or will satisfy your requirements. BSI shall conduct routine maintenance of the System and during those times, Client’s access will be interrupted.
We may request the deletion of any information from the System if we reasonably believe you have not complied with any obligations under this Contract or any other Contract you have with BSI.
You accept that the operation and use of the System is at your risk and BSI does not accept and is not liable for any loss or damage which may be suffered from your operation or use.
You agree to indemnify and hold harmless BSI and its group companies against any costs, losses it may suffer or incur through, arising out of or in connection with any claims, demands, suits, proceedings, actions, losses, judgements, damages, costs (including all reasonable legal fees), expenses, fines or penalties relating to any third party claims or allegations, caused by your failure to comply with these Terms including, without limitation your submission of content which violates third party rights or applicable laws.
BSI will keep confidential, your information of a confidential nature that you provide to us and will not use or disclose it except in the following situations (in which case, BSI shall notify Client if legally able to and within a commercially reasonable time):
for the purpose of exercising or performing its obligations under this Contract or any certification or testing contract with any member of the BSI Group; and
to the extent required by law, any governmental, regulatory or accreditation authority, or court in any jurisdiction.
BSI will at all times remain the owner or licensee (if provided under licence by a relevant third party) of all intellectual property rights in the System, reports and other services provided by BSI in relation to these Terms. You acknowledge that these Terms do not confer any ownership rights whatsoever in the System.
Upon termination of any BSI contract for certification or testing services, or if you wish to cease using the System, your licence and right to access to the System shall cease at the effective termination date. The Client shall use reasonable endeavours to deactivate all Authorised Users prior to termination.
Nothing in these Terms shall limit or exclude BSI’s liability to Client for death or personal injury caused by BSI’s negligence, fraud or fraudulent misrepresentation.
Subject to clause 17, BSI’s liability for the BSI Assurance Portal shall be limited to £100 and BSI shall not be liable to the Client for any loss of profit, loss or damage of goodwill, or any indirect or consequential loss arising under or in connection with the Client’s use and access to the System, whether in contract, tort including negligence, breach of statutory duty, or otherwise.
These limits of liability in these Terms do not affect your rights under any other contract that you may have with us.
Termination of your access to the System does not affect your right to certification or testing services under any other contract with us, which must be terminated separately if you wish it to discontinue.
Without prejudice to any of your rights under these Terms, we may suspend or terminate your access to the System without notice at any time or if you are in breach of these Terms and such breach remains unremedied after 30 days from the date of notification of such breach by BSI or is incapable of remedy.
Client may not assign or transfer its rights to access the System under these Terms to any third party without our prior consent. BSI may assign its rights under these to any group company.
A person who is not a party to the contract between the Client and a member of the BSI Group for certification or testing services shall not have any rights under or in connection with it.
A failure to or delay in enforcing a right or remedy under these Terms does not constitute a waiver of that right or remedy.