Terms and Conditions of Use

Last Updated: 22nd May 2018

1. Our terms

The BHI website ("the Site") is operated by RPS Consultants. Your access to and use of the Site is subject to these terms and conditions. By logging into the Site, you agree to these terms and conditions in full. If you do not agree with the terms, then you must not log-in and must cease use of the Site now. These terms and conditions form a contract between us, and you may wish to print a copy for future reference. [Alternatively you may access a copy at any time by clicking on the LINK from the Login Page].

These terms and conditions are supplementary to the RPS Group plc General Terms and Conditions which will take priority in the event of any conflict with these terms.

2. Log-In and Password

Your Log-in and Password are personal to you. It is your responsibility to ensure that they are kept secure, and not disclosed or used by any unauthorised person. You must notify us immediately if you believe that your Log-in or Password are no longer secure. You accept responsibility for all access to the Site using your Log-in and Password.

You agree not to impersonate any other user of the Site by sending messages or making any other entry on the Site without their express permission, and agree to indemnify us for any liability that we incur as a result of your breach of this provision.

3. Information

We will use reasonable efforts to ensure information that we provide on the Site is accurate and up to date. You should check independently any information before you rely on it. No representations are made by us that the information is accurate and up to date or complete and we do not accept liability for loss arising from any inaccuracy or information that is out of date.

Information relating to your facility or premises has been provided to us in the course of our Risk Assessment/Audit/Survey, please let us know if you find anything wrong. RPS Consultants have made every reasonable effort to ensure that the Risk Assessment/Audit/Survey and recommendations are accurate. The Risk Assessment/Audit/Survey recommendations are valid at the date of the Assessment. We cannot, however, accept responsibility for any subsequent risks identified or for any consequences which might arise from the implementation of any recommendations.

We are not responsible for the content of any other website which is linked to the Site. Although we take reasonable care to ensure the content of other websites are appropriate, we accept no liability in connection with any other site. You are responsible for the accuracy of any information that you send via the messaging service or upload onto the Site, and RPS Consultants accept no liability for any loss caused by any inaccuracy in information solely provided by you.

4. Copyright

Copyright material appears on the Site which is our or our licensor's property. You may only download information on the Site for your own personal use or your company's internal business use. You may not copy anything on the Site without our prior written consent and you do not have permission to republish, alter, transmit or otherwise copy any material on the Site for any other reason except as expressly permitted by law.

BHI is a registered trademark of RPS Group plc.

BHI, RPS Consultants (and any other RPS Group trade names/logos) are our trade names.

The copyright in the material, and all other intellectual property rights (including the database rights) are owned by or licensed to RPS Consultants.

5. Messages and Uploaded Files

There is a system for sending short messages through the Site and for uploading and storing files within the Site. The following rules apply to all users and are designed to protect us and you, and to ensure everyone can use both the message system and upload file facility and benefit from it safely.

We reserve the right to remove any messages or files, entirely at our discretion.

When sending a message or uploading content onto the Site it is your responsibility to ensure that the message does not contain any of the following:

1. swear words and asterisks
2. material of a libellous nature, relating to any company or individual, or group of individuals
3. material of a pornographic, sexual, racial, or otherwise offensive nature, in particular you must not send pictures or hyperlinks containing any such material
4. material which is or is likely to infringe the copyright or other intellectual property rights of any third party, or include any hypertext link to a website belonging to a third party viruses, worms or other malicious code. We will take reasonable steps to ensure that any files we upload onto the system are free of known viruses, but we accept no liability for any damage caused by a virus which is uploaded by a third party. You agree to take reasonable steps to virus check any files which you upload to or download from the system.
5. hypertext links to any other site without the permission of the owner of the linked website.
6. personal information regarding an individual(s), or information that may otherwise personally identify a person or persons.

You agree to indemnify us against any liability that we may incur as a result of your breach of this section 5.

6. Availability

We will use reasonable efforts to make the Site available 7 days a week, although you accept that the Site may be unavailable for maintenance or due to other reasons outside of our control, including but not limited to loss of internet connection, or acts of third parties.

We do not guarantee that the Site will operate free from errors. If you have any difficulties accessing the Site please contact our Help Desk on 020 7261 0866. It should be noted that the Help Desk will only be available 9.00am to 5.00pm Monday to Friday (excluding Bank Holidays).

7. Confidentiality and Data Protection

You accept that the material on the Site includes confidential information. You agree to keep all such information confidential. You agree not to disclose any information without our prior written consent.

By accepting these Terms and Conditions of Use, you consent to receiving automated notifications and reminders relevant to your use of the Site.

In uploading files or sending messages, you may be processing confidential information. Users of the Site must not upload, process or reference any personal data about other employees, members of RPS Consultants, or other individual(s). Personal Data includes any information relating to an individual, or information that may otherwise identify an individual. You agree to consult with your own policies for processing personal data. Our Privacy Policy is available on the Site.

8. Liability

We will not be liable to you for any indirect or consequential loss, loss of profit, revenue or good will arising from your use of the Site or reliance on any information on the Site except where it is through our negligence. Subject as provided below, all terms implied by law are excluded.

We accept liability for death or personal injury caused by our negligence or responsibility for fraudulent misrepresentation.

9. Law

You agree that English law shall apply to these terms and to submit to the jurisdiction of the English courts if a dispute arises. We aim to ensure that our Site complies with English law but not the laws of any other country. If there is anything on the Site that you are not allowed to under the laws to which you are subject to access or see, cease using the Site immediately.

10. General

Failure by us to enforce a right does not result in waiver of such right.