Terms and Conditions

 

Terms and Conditions

SafePass\CSCS is an on-line services portal operated by the CIF designed to allow registered users (entities and individuals) to verify the validity of Safe Pass cards and Construction Skills Certification Skills (CSCS) cards in accordance with the Safety, Health and Welfare (Construction) Regulations 2013. In consideration of the CIF granting approval to you to electronically transmit information on this Portal it is agreed that access to and use of this on-line services portal (the “Portal”) is governed by the terms and conditions set out below (the “Terms”).

These Terms are important and are for the protection of both you and the CIF. Please take time to read them carefully. By proceeding further and clicking on the “agree” button, you will be deemed to have accepted these Terms. If you do not accept these Terms you will not be permitted to use this Portal. Each time you use the Portal you reaffirm your agreement to be legally bound by these Terms.
In consideration of you agreeing to be bound by these terms, CIF grants you a non-exclusive, non-transferable right to use the Portal.

1. Accessing our Portal

1.1 Access to our Portal is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on or via our Portal without notice. The CIF will not be liable if for any reason the Portal is unavailable at any time or for any period.

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

2. Terms of Use

2.1 The Portal is solely for use by CIF members.

2.2 Only those entities and individuals which have been authorised to use this Portal by the CIF are permitted to use the Portal, and only employees of those entities or their agents are allowed to log in to the Portal to view or enter data to the Portal.

2.3 Any unauthorised use of this Portal is strictly prohibited. The Portal may only be used by those entities (inclusive of their employees and agents) and individuals who have been authorised by the CIF to do so, and only for the purposes set out at clause 5.1 below.

3. Restrictions

Except as expressly set out in these Terms or as permitted by any local law, you undertake:

(a) not to use the Portal (or any part of the materials on our Portal) for commercial purposes without obtaining a licence to do so from us and our licensors;

(b) not to copy the Portal, except where such copying is incidental to normal use of the Portal or where it is necessary for the purpose of back-up or operational security;

(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Portal nor permit the Portal or any part of it to be combined with, or become incorporated in, any other programs;

(d) [not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Portal nor attempt to do any such things, except to the extent that (by virtue of the Copyright, and Related Rights Act, 2000) such actions cannot be prohibited because they are necessary to decompile the Portal to obtain the information necessary to create an independent program that can be operated with the Portal or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

(i) is used only for the Permitted Objective;
(ii) is not disclosed or communicated without the CIF's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(iii) is not used to create any portal that is substantially similar in its expression to the Portal;]

(e) to keep all copies of the Portal secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Portal;

(f) to include our copyright notice on all entire and partial copies of the Portal in any form;

(g) not to provide, or otherwise make available, the Portal in any form, in whole or in part to any person without prior written consent from CIF;

(h) not to use the Portal via any communications network or by means of remote access; and

(i) to comply with all applicable technology control or export laws and regulations.

4. Changes

4.1 The CIF reserves the right to make changes to the Portal (including without limitation the information, design and services provided on or via the Portal) without notice and without liability. Every reasonable effort will be made to advise users of such changes in advance.

4.2 The CIF reserves the right to add, amend or vary these Terms by publishing notice of such changes on its website. The continued use of the Portal will signify your acceptance of such changes.

4.3 If the need arises, we may suspend access to our Portal, or close it indefinitely.

5. Acceptable Use

5.1 In using the Portal you agree to use it solely for the following purposes, to:

(a) to establish use of the Online Checking Facility by CIF and its Members;
(b) to ensure the authenticity of Safe Pass Cards and CSCS cards;
(c) to verify that Workers are certified to work on construction sites managed by CIF members; and
(d) to ensure that CIF members are complying with their statutory duties and obligations under the Regulations.

5.2 Every entity or individual who applies to the CIF for use of the Portal service shall provide the CIF with their unique membership number, username and password. On receipt of authorisation from the CIF every entity or individual may use the Portal by using their unique username and password. Each registration is for a single entity only. The CIF does not permit entities to share usernames and passwords with any other entity nor to have multiple registrations.

5.3 The entity/individual agrees to keep the unique username and password secure and not to disclose it to any third party, including CIF personnel, for any reason and to indemnify the CIF for any loss arising from the disclosure to a third party of the unique name or password.

5.4 Every entity agrees to be responsible for its entity’s overall use of the system, and in particular for the use of the system by its employees and agents. The CIF may revoke an individual or entity’s authorisation to use the Portal where it suspects that any of the Terms set out herein have not been complied with, without prejudice to any other rights at law which the CIF may have.

6. Legal Basis

6.1 Use of the Portal is deemed to constitute an acceptance of these Terms.

7. Intellectual Property Rights

7.1 You acknowledge that all intellectual property rights in the Portal throughout the world belong to CIF, that the rights in the Portal are licensed to you and that you have no intellectual property rights in, or to, the Portal other than the right to use the Portal in accordance with these Terms.

7.2 You acknowledge that the CIF are the owner or the licensee of all intellectual property rights in the Portal, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.3 Subject to these Terms, the CIF grants each authorised user a non-exclusive, non-transferable, limited, revocable right to access and use the Portal and the material displayed thereon solely for the purposes set out in clause 5.1 and on the terms set out in these Terms. However, no right, title, or interest in any such materials on, or features or component of, the Portal will be transferred to users as a result of any permitted use of such materials.

8. Submission of Information to the CIF

8.1 In the event of and in your transmitting material to the CIF using the Portal, the CIF has no responsibility for the accuracy, veracity and completeness of such material and for any errors in the manner of its input via the Portal.

9. Reliance on information on the Portal

Commentary and other materials posted on our Portal are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Portal, or by anyone who may be informed of any of its contents.

10. Our Liability

10.1 This Portal is provided by the CIF on an “as is” basis. To the fullest extent permitted by applicable law, the CIF disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy or infringement. Neither the CIF, any of our affiliates, nor any of our respective licensors, licensees, service providers or suppliers warrant that this Portal or any function contained in this Portal will be uninterrupted or error-free, that defects will be corrected, or that the Portal or the servers that make this Portal available are free of viruses or other harmful components.

10.2 The material displayed on our Portal is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the CIF excludes:

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

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) 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.

10.3 This does not 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.

11. Links from our Portal

Some pages on this Portal contain hypertext links to websites not maintained by us. You are reminded that when you enter other websites via such hypertext links, you will not be subject to these Terms and you will not benefit from the protections afforded to you in using our Portal. These links are provided solely as a convenience to you and not as an endorsement by the CIF of the content on such third party websites. The CIF is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party websites. We will not be liable in any way for the content, availability or use of such linked websites and you use such links entirely at your own risk.

12. Misuse

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

12.2 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 Portal or to your downloading of any material posted on it, or on any website linked to it.

13. Miscellaneous

13.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure the transfer does not affect your rights.

13.2 These Terms constitute the entire agreement between the CIF and you with respect to your access to and use of the Portal and any third-party website accessed through the Portal.

13.3 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.4 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14. Governing Law and Jurisdiction

This Portal is operated in Ireland in accordance with the laws of the Ireland and will be governed by the laws of Ireland. When you use the Portal, you accept that your use of the Portal and any information on the Portal, will also be governed by the laws of Ireland. The courts of Ireland will have exclusive jurisdiction over any claim or disputes arising from, or related to, a visit to or use of this Portal.

15. Communications between us

If you have any concerns about material which appears on our Portal, please contact [insert name] by email info@cif.ie and/or by post to CIF, Construction House, Grand Canal, Dublin 2.

If we have to contact you or give you notice in writing, we will do so by email to the address you provide or confirm to us.