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Terms of Service
for the BHP Panic system
for the BHP Panic system
§1.
General provisions
1.
These Terms of Service set out the rules for using the BHP Panic IT system (the “System”).
2.
The owner and administrator of the System is CLOUDPANIC (the “Service Provider”).
3.
The BHP Panic System is a tool supporting the management of occupational health and safety in organisations.
4.
Using the System means acceptance of these Terms of Service.
§2.
Definitions
For the purposes of the Terms of Service, the following definitions apply:
1.
Customer: an entity that has concluded an agreement with the Service Provider for use of the System.
2.
User: a person authorised by the Customer to use the System.
3.
Data: any information entered into the System, including personal data.
4.
Plan: the scope of System functionality available under the selected offer
§3.
Scope and nature of the System
1.
The BHP Panic System allows, in particular, keeping OHS documentation, recording events, training and inspections, and generating summaries and reports.
2.
The System is supportive in nature and does not replace the Customer's obligations arising from the law, in particular labour law and OHS regulations.
3.
The Customer bears full responsibility for how the System is used and for the data entered in it.
§4.
Functionality and plans
1.
The availability and scope of System functionality depend on the selected Plan and the Service Provider's current offer.
2.
Not all functionality is available in every Plan.
3.
The Service Provider reserves the right to develop, modify or change System functionality, provided this does not breach the Agreement concluded.
§5.
Terms of using the System
1.
The User is obliged to use the System in accordance with applicable law, the Terms of Service and the Agreement.
2.
The following is prohibited:
- entering content that is unlawful,
- taking actions that breach the security of the System,
- sharing access credentials with third parties,
- making the System available to third-party companies.
3.
The Customer is responsible for the actions of Users who use the System on its behalf.
§6.
Availability and maintenance of the System
1.
The Service Provider exercises due care to ensure the continuous availability of the System.
2.
The Service Provider reserves the right to temporary technical interruptions related to the maintenance, development or security of the System.
3.
Technical interruptions do not constitute grounds for claims, provided they result from justified technical reasons.
§7.
Personal data and security
1.
Personal data processed in the System is protected in accordance with applicable regulations, in particular the GDPR.
2.
The Customer is the controller of the personal data entered into the System.
3.
The Service Provider acts as a data processor on the basis of a separate data processing agreement.
4.
The System is secured in accordance with current IT security standards.
§8.
Deployment on the Customer's infrastructure
1.
The BHP Panic System may be deployed on the Customer's infrastructure, in line with individual arrangements.
2.
In the case of local deployment, the Customer is responsible for the technical environment and its maintenance, unless the Agreement provides otherwise.
§9.
Technical and development support
1.
The Service Provider provides technical support to the extent specified in the Agreement.
2.
Development support may include developing integrations, modifying functionality and creating new modules, as agreed with the Customer.
§10.
Liability
1.
The Service Provider is not liable for:
- decisions taken by the Customer on the basis of data collected in the System,
- incorrect entry of data by Users,
- interruptions in the operation of the System resulting from causes beyond the Service Provider's control.
2.
The System does not constitute legal advice or a substitute for specialist OHS services.
§11.
Copyright
1.
The BHP Panic System is the intellectual property of the Service Provider.
2.
The Customer obtains a non-exclusive, non-transferable licence to use the System to the extent specified in the Agreement.
§12.
Changes to the Terms of Service
1.
The Service Provider reserves the right to change the Terms of Service.
2.
Changes to the Terms of Service take effect on the day they are published on the website, unless the Agreement provides otherwise.
§13.
Final provisions
1.
In matters not regulated by the Terms of Service, Polish law applies.
2.
The Terms of Service apply from the day they are published.
