HealthSafe App End User Licence Agreement
This EULA was last updated on 02 April 2024
Welcome to SecurePass for Contractors (the HealthSafe App), which assists organisations in managing their health and safety obligations for visitors, contractors, and employees. The HealthSafe App has several different features that you may be able to access and use, depending on the permissions we have granted to you and any other agreements you (or the entity that you are an authorised user of) have with us.
This End User Licence Agreement (this EULA) is an agreement between you (the user) and us (HealthSafe NZ Limited, the company that owns and operates HealthSafe) that sets out our, and your, rights and obligations in relation to the HealthSafe App and the data collected by us.
You can contact us at support@healthsafe.co for more information about HealthSafe.
Please read this EULA carefully before using the HealthSafe App. In particular, please ensure you have read and understood section 5, which sets out the limitations applying to your use of and reliance on the HealthSafe App.
By registering, logging on or otherwise using the HealthSafe App, you agree to follow and be bound by this Agreement. If you do not agree to all of the terms in this Agreement, you must not use the HealthSafe App.
We may change this EULA at any time. Changes will be effective when we notify you of the changes through, or post the changes on, the HealthSafe App (including by push notification), our website, email or otherwise. You agree that your continued use of the HealthSafe App after we have posted or otherwise notified you of the modified EULA will be taken as your agreement to the changes.
1. Your use of the HealthSafe App
1.1 We grant you the right, on the terms of this EULA, to access and use the HealthSafe App solely for your own internal business use and on a device that you own or control.
1.2 You agree that:
(a) the HealthSafe App will not work if it is out of network range or not connected to the internet by a Wi-Fi or mobile telecommunications network;
(b) you are solely responsible, at your cost, for procuring and maintaining your network connections and telecommunications links for your device;
(c) you will comply with all applicable laws and any other terms you have agreed to (for example with your telecommunications service provider) applying to your use of the HealthSafe App and your activities under this EULA;
(d) you will keep logins and passwords for your access and use of the HealthSafe App confidential and ensure you, and those that you authorise on a device that you control, are the only person(s) to access and use the HealthSafe App through use of your login details;
(e) you are fully responsible for all activities that occur under your account and agree to immediately change your password in the event of any breach of security; and
(f) you may be automatically logged out of the HealthSafe App after a period of inactivity and, if so, you will be required to log in again to access and use the HealthSafe App.
1.3 You will not access, store, distribute, or transmit any viruses or malware through the HealthSafe App, and we may, without liability to you, disable your access to the HealthSafe App if you are in breach of this clause.
1.4 You agree you will not:
(a) except as permitted by us or any applicable law which is incapable of exclusion, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, scrape, crawl, display, transmit, or distribute all or any part of the HealthSafe App in any form or media or by any means;
(b) decompile, disassemble, reverse engineer or take similar action in relation to all or any part of the HealthSafe App;
(c) access all or any part of the HealthSafe App in order to build a product or service which competes with the HealthSafe App;
(d) use the HealthSafe App to provide services to anyone else;
(e) attempt to undermine the integrity or security of the HealthSafe App or our, or anyone else’s, systems, networks or resources used to provide the HealthSafe App; or
(f) attempt to do any of the things specified in paragraphs (a) to (e) above.
1.5 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the HealthSafe App and, in the event of any such unauthorised access or use, promptly notify us.
1.6 We can terminate this EULA if you breach any of its terms. If we terminate this EULA, you will immediately stop using the HealthSafe App.
2. Changes to the HealthSafe App
2.1 You acknowledge that we may upgrade and update the HealthSafe App and that the HealthSafe App is continually evolving. You may be required to install upgrades and updates to the HealthSafe App or to upgrade the device you use to access the HealthSafe App (or the operating system running on that device) to continue to use the HealthSafe App.
2.2 Although we use reasonable efforts to ensure that any upgrades and updates do not cause any problems in your use of the HealthSafe App, our liability to you to the extent that problems arise from such upgrades and updates is limited in accordance with clause 5 of this Agreement.
2.3 We reserve the right to modify, discontinue or restrict access to the HealthSafe App (or any part of it), temporarily or permanently:
(a) with or without notice to you where there is an issue with the operation or use of the HealthSafe App which prevents the normal functionality of the HealthSafe App; or
(b) with 2 weeks’ notice to you where there is no issue with the operation or use of the HealthSafe App.
To the maximum extent permitted by law, you agree that we will not be liable to you or to anyone else for any update, upgrade, modification, restriction, suspension or discontinuance of the HealthSafe App.
3. Customer Data and Personal Information
3.1 You will be required to enter information about yourself to register an account and access the HealthSafe App (Personal Information).
3.2 We will comply with our obligations under applicable privacy laws in respect of any Personal Information we collect from you. We will deal with any Personal Information in accordance with our Privacy Policy accessible at https://healthsafe.co/privacy-policy.
3.3 Subject to clause 3.2 above, you agree that we will be free to use data that is collected from you in relation to any building, property or workplace where the HealthSafe App is used (Customer Data) for any purpose, commercial or otherwise, and that we will be free to provide Customer Data, and grant such use rights, to our business partners and other third parties, as long as we comply with our obligations under the Supply Agreement (as defined in clause 5.5 below), this EULA, our Privacy Policy and any other legal requirements.
3.4 You confirm that you have all rights in relation to any Personal Information you provide to us that are necessary to grant us the rights to use it in accordance with this EULA.
4. Intellectual Property Rights
4.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the HealthSafe App and all other HealthSafe products and services, and you are not granted any rights to any of them other than as expressly provided in this Agreement.
5.2 To the extent you are a consumer and not acquiring the HealthSafe App or the associated services “in trade”, you have various rights under the CGA which we cannot exclude in this EULA. Nothing in the following paragraphs is intended to limit those rights, but we exclude all other implied terms to the fullest extent permitted by law.
5.3 Subject to clause 5.2, we do not promise that:
(a) your use of the HealthSafe App will be uninterrupted or error-free; or
(b) the HealthSafe App will meet your specific requirements.
5.6 You acknowledge that:
(b) while we will use reasonable efforts to have Third Party Input Providers provide services in accordance with any terms they have agreed with us, we will not be responsible for any delays, delivery failures, penalties, liquidated damages, or any other loss or damage arising out of or in connection with any services provided by Third Party Input Providers, including any delays, delivery failures, penalties, liquidated damages, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including the internet).
5.7 You will indemnify us against all costs, losses, expenses and damages incurred in connection with any claims against us resulting from your use of the HealthSafe App (except to the extent such claims are caused directly by our negligence or wilful misconduct).
6.1 Certain features or functionality of the HealthSafe App may only be available to you if you have paid for them (where you are contracting with us directly) or as agreed in a Supply Agreement (where you are using the HealthSafe App as an authorised user), and therefore your access to those features or functionality will be as agreed between us in a separate agreement.
7. General
7.1 This EULA is the entire agreement between you and us in relation to the HealthSafe App and supersedes any previous understanding or agreements between us about the HealthSafe App.
7.2 If any part of this EULA is judged invalid or unenforceable in a jurisdiction it is severed for that jurisdiction and the remainder of this EULA will continue to operate.
7.3 This EULA is governed by and construed in accordance with the laws of New Zealand.
7.4 If you wish to take any action against us in respect of the HealthSafe App and/or this EULA, you agree to commence any such action in the New Zealand courts, which will have exclusive jurisdiction.
8. Apple Device Terms (where applicable)
8.1 This clause 8 applies to you only if you use an Apple device (e.g., iPhone, iPad) to access the HealthSafe App.
8.2 We acknowledge and agree that your use of the HealthSafe App may be accessed and used by other accounts associated with you via Apple’s “Family Sharing” feature or volume purchasing.
8.3 You and we both acknowledge and agree that:
(a) this EULA is concluded solely between you and us, and not with Apple, and Apple is not responsible for the HealthSafe App and its content;
(b) any maintenance or support that may be offered by us in connection with the HealthSafe App is solely our responsibility and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the HealthSafe App;
(c) in the event of any failure of the HealthSafe App to conform to any applicable warranty, you may notify Apple, and request a refund of the purchase price (if any) you paid for the HealthSafe App through Apple’s App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the HealthSafe App;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the HealthSafe App or your possession and/or use of the HealthSafe App. In the event of any third party claim that the HealthSafe App or your possession and use of it infringes that third party’s intellectual property rights you should contact us as Apple will have no responsibility for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
(e) Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary;
(f) except as provided in clause 8.3(c), any questions, complaints or claims with respect to the HealthSafe App should be directed to us at support@healthsafe.co.
8.4 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.
