Health & Safety, Health & Safety at Work, Occupational Health & Safety Management Practices, Benchmarking

Safety Health and Environment Intra Industry Benchmarking Association
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Code of Conduct for Members

  1. 1 Introduction

    1. 1.1 This Code of Conduct and Terms of Use (collectively referred to as the "Code") will apply to each user who wishes to access the Sheiiba Website (the "Website") and/or participate in its discussion groups ("Member").
    2. 1.2 The Website is owned and administered by Corporate Benchmarking Services (Scotland) Limited (who and whose successors and assignees, and each of its respective directors, officers, employees and agents shall be known as "the Website Owner").
    3. 1.3 Each Member must comply and adhere to this Code in order to access and use the Website or participate in any discussion group on the Website which contains detailed information on Member's management practices, and benchmark accident performance.
    4. 1.4 Each Member will be given a unique password and logon ID in order that they may log-on to restricted areas of the Website which may, for the purpose of security, be monitored and tracked by the Website Owner. The Website Owner reserves the right to check the identity of Members before a logon ID is given for any Member participating in 'Asksheiiba'. At the annual renewal of membership, the Website Owner further reserves the right to check that each logon ID remains associated with a current Member.
    5. 1.5 In order to use and participate in this Website, all Members must accept this Code by clicking the "I accept" button at the end of this Policy presented to them after they enter their password and logon ID for the first time.
  2. 2 Basic Requirements

    1. Each Member and any material which he/she posts onto the Website or to its discussion groups or any material which a Member provides to the Website Owner for use on the Website ("Material") must comply with the following basic standards:
    2. 2.1 all information and activities must be accurate, legal, decent and honest (in terms of United Kingdom law and standards)
    3. 2.2 UK data protection legislation must be adhered to in order that the collection of personal data is not traded or disclosed illegally and
    4. 2.3 all other applicable laws and regulations which come into force from time to time, including those notified to Members directly and/or on this Website, must be adhered to.
    5. Each Member acknowledges that they are responsible for compliance with any applicable laws of the country from which they access the Website.
  3. 3 Specific Responsibilities of Subscribers

    1. 3.1 In order to access and use the 'Asksheiiba', 'Document Library' and/or 'Performance' services (the "Services"), each subscriber to the Services (each "Subscriber") must ensure that Members authorised by it comply and adhere to this Code.
    2. 3.2 Each Subscriber shall use all reasonable endeavours to procure that any Material acquired by its authorised Members from another Subscriber's authorised Members is used solely for its own internal purposes and is not used to the detriment of the Website Owner.
    3. 3.3 Should any Subscriber become aware that any Member authorised by it to use the Services has ceased or is about to cease to be authorised (by reason of termination of that Member's employment with the Subscriber or otherwise) then the Subscriber shall immediately notify the Website Owner to enable the Website Owner to cancel the relevant Member's logon ID and password.
    4. 3.4 Use of sheiiba by any user after the subscription renewal date will act to confirm the renewal of the subscription and payment of the invoice will be expected within the appropriate period.
  4. 4 Specific Responsibilities of Members

    1. 4.1 Each Member is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
    2. 4.2 Each Member is solely responsible for maintaining the confidentiality of its unique password, and for its use. Should any Member suspect that his/her logon ID and password are being used in an unauthorised manner, he/she shall immediately contact the Website Owner and shall thereafter be issued with a new password. As traffic on this Website and in 'Asksheiiba' may be monitored, evidence of use of logon IDs and passwords may be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
    3. 4.3 Where Members collaborate with one another as a result of use of this Website or the Services, they do so as independent contracting parties. Members acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
    4. 4.4 Members are permitted to use and reproduce Materials or other Website content (including but not limited to the Performance Tables) solely for the internal purposes of the relevant Subscriber: external use of Materials or other Website content is only permitted with prior written consent from the Website Owner.
    5. 4.5 Use of sheiiba by a user after they have left the employment of a subscribing company is prohibited.
  5. 5 Responsibilities of the Website Owner

    1. The Website Owner will manage and oversee the Website and 'Asksheiiba' and will also be responsible for administering the Complaints and Sanctions Procedure specified in clause 6 below.
  6. 6 Complaints and Sanctions Procedure

    1. 6.1 The Services are self-regulatory facilities for Members only and any complaint by a Member will, in the first instance, be referred to the Website Owner, who shall have all the powers of an arbiter.
    2. 6.2 The Website Owner will deal with complaints expeditiously and where necessary, call upon evidence of the relevant Members in dispute.
    3. 6.3 Sanctions available to the Website Owner will include the following:-
      1. 6.3.1 suspending or expelling the guilty Member for up to 3 years
      2. 6.3.2 referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature or
      3. 6.3.3 referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g. requires an interdict/injunction, seizure or similar judicial measure).
  7. 7 Documents, Policies Standards, Guidelines & Performance Tables

    1. 7.1 Where a Member provides a document for reproduction in the 'Document Library' or the 'Performance' sections of the website, such Member shall procure that they have obtained the necessary consents in relation to the release of the documents on the Website and where necessary, have informed the Website Owner if access to the document is required to be restricted by use of a password.
    2. 7.2 Subject as otherwise agreed between the Website Owner and each Member, each Member shall grant a non-exclusive royalty-free worldwide licence to the Website Owner to reproduce, for the benefit of other Members, any Material posted by such Member on the Website, which shall include a right to grant sublicenses to other Members permitting such other Members to use the Material for the other Members' own internal purposes. Members (or ex-Members) who wish Material posted by them to be removed from the Website must submit a written request to the Website Operator specifying the title of the documents to be removed. Each Member waives any right to bring any claim or action against the Website Owner in relation to the continuing use by other Members of Material previously posted on the Website after that Material has been removed.
    3. 7.3 The web site owner is under no obligation to remove material supplied by a member if and when that subscriber chooses to stop being a member of sheiiba.
  8. 8 Indemnity and Waiver

    1. 8.1 Each Member agrees to indemnify and keep indemnified the Website Owner, and the originator or provider of any information on the web site, from and against any and all liability, damages, losses, claims (including legal fees) resulting in any way from its use of and from any Material posted on this Website, 'Asksheiiba' or from any other matter relating to his/her participation herein including but not limited to use of the information contained on the Website, the Services or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.
    2. 8.2 Each Member waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use by that Member or a third party of the Website, the Services or any Material from the Website or from this Code.
  9. 9 Exclusion of Warranties and Liability

    1. 9.1 The Website Owner does not warrant the content, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Members as specified in clause 2 above.
    2. 9.2 Each Member accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, satisfactory quality, fitness for a particular purpose or non-infringement.
    3. 9.3 In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Member's access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract or delict and whether negligent or otherwise, even if the Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owner's aggregate total liability to any Member for all such damages and losses shall be limited to the annual subscriber fee paid by the Member suffering loss.
  10. 10 Term and Termination

    1. 10.1 Each Member agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Member of the Website and wishes to use the Website unless the Website Owner earlier terminates, suspends or otherwise limits access to the Website in accordance with clause 6 above or as it otherwise deems is appropriate.
    2. 10.2 If a member wishes to terminate their subscription, they must provide written notice at least six weeks prior to the subscription renewal date, otherwise they are deemed to wish to continue their subscription and should pay any outstanding fees within thirty days of the invoice.
    3. 10.3 For Two or Three Year payment plans: If you have selected one of these options, on using sheiiba you are contracting to pay Corporate Benchmarking Services (Scotland) Limited, the annual discounted rate, for the appropriate number of users, for the full two or three year period.
  11. 11 Jurisdiction and Applicable Law

    1. Each Member agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of Scotland ("the Applicable Law"). In the event of a dispute regarding the Code, each Member agrees to submit to the non-exclusive jurisdiction of the Scottish courts.
  12. 12 General

    1. 12.1 In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.
    2. 12.2 This Code represents the entire agreement between Member and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.
 



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