BSAFE@WORK 
THE SAFETY PLATFORM

bSafe@work is a multimedia platform for people who are involved with health & safety at work.

Our goal is to encourage and to promote people to work safe. We do this by providing you:
  • News
  • Product innovations
  • Product reviews
  • Safety directory
  • Participation (memberships)
Our terms & conditions will provide you further information regarding our intentions and regulations. 
TERMS & CONDITIONS

The information on this website is only intended to contribute to the promotion of health and safety awareness among employers and employees. The publications shown on our website are prepared by the editors of bSafe and by our members/experts themselves and are only intended to be informational. bSafe and her members, expressly disclaims all responsibilities for its publications since they do not form any basis regarding governmental legislations, standards or general regulations.

PRINCIPLES AND DEFINITIONS
In the context of these conditions and the following terms, the expressions 'website,' 'platform' and 'bSafe' / 'bSafe@work' all represent the organization behind this platform. bSafe@work is an initiative of Ezenzo B.V.

ACCOUNT
In order to use the business services provided by the website, you always have to create a (free) account first. The account can be both a personal identification or for the representation of an organization. Only adults can open an account. When an account is created on behalf of an organization, the owner must have an authorization for that. Account registration can be completed by the verification via the email address that is provided. bSafe claims to have the right to remove or to block fake accounts, based on email or IP addresses that has been used. An account gives no further options or features on the website itself as well as any obligations towards bSafe. Any kind of data from these accounts will not be shared with or disclosed to third parties. By registering an account, bSafe will automatically create a free personalized expert profile. This profile can be activated and published by filling out the required fields.

PERSONAL AND BUSINESS PROFILES
You can register a personal profile (free service) or commercial / business profiles, this is a paid service. A business profile can be purchased under the 'my account'-section. The account is the administrator of this profile and has an exclusive access in order to manage this business profile.  By creating a profile, the user starts an agreement with bSafe and has to accept the attached terms and conditions. Despite the fact that the registration of a personal profile is a free service, there is still a form of a contract. Purchasing a business profile, is based on a periodic (annual) agreement. There is a membership without notice. Parties commit to a certain time of registration based on the criteria set out in these terms and conditions.

PUBLISHED PERSONAL AND / OR BUSINESS INFORMATION 
The personal or business presentation of our profiles can include text, images, hyperlinks and search results. The information from our business profiles includes basic company information and the general description given on specific services, products or projects and are covered by the responsibility of the owner of the profile itself.

ADVERTISEMENTS 
bSafe strives to match the ads displayed on the overall content of the platform. Ads are displayed at pre-arranged locations and duration.
The display of an advertisement in the slider on the main pages (like the homepage and directory page) is linked to a selected region. The advertiser can choose in which regions the ad must be shown within the agreed period of time (2 or 4 weeks). When purchasing the ad, the specified advertising costs are related to the selected region. When the profile owner would like the add shown into the slider of the other regions, a discount can be arranged by bSafe. 

CRITERIA FOR PARTICIPATIONS
BSAFE is committed to a safe and healthy workplace for each worker and strives to make the content displayed on its website relevant to this. BSAFE excludes organisations and individuals who are engaged in any form with:
  • Weapons industry and warfare; 
  • Corruption and organised crime; 
  • Human trafficking, violation of human rights or the exploitation of workers in developing countries; 
  • Child labour; 
  • Pornography; 
  • Environmentally unfriendly production, extraction, mining or petrochemical processes with a heavy environmental impact; 
  • Nuclear energy; 
bSafe reserves the right to refuse an application or deactivate a profile for every registration that falls in one of the categories referred to above when this is contrary to the criteria set by bSafe for the admission of a profile. 

ARTICLE 1: GENERAL
These general terms and conditions apply to all contracts between bSafe and the users of the platform resulting from the registration of a (free) account, the free personal profile and the purchasing of a business profile or business profiles. Hereinafter referred to as 'contracts'. bSafe explicitly dismisses the applicability of any general (purchasing) terms and conditions of the user/account.
  • bSafe reserves the right to change its General Terms & Conditions if this has no direct impact on its accounts, without making a reference to this. Amendments can arise from progressive insight into the accounts or amendments to legislation and regulations that may be applicable to contracts that can be entered into. 
  • The creation of accounts and profiles is made possible through the bSafe platform and the services offered thereon. All registrations and publications will automatically be (and will continue to be) the property of bSafe. 
  • The account and the profiles purchased by the account, (whether or not paid for by third parties) only provide the right to exclusive access to the account and the purchased and associated profiles. 
  • bSafe will never make the content or any other form of data available to third parties, except in ways in which third parties are able to view content through the publically published material. 
  • Despite its ownership of the profiles, bSafe is not responsible for the composition and content of said articles, although bSafe shall always reserve the right to not publish or to delete inappropriate or indecent content. 

ARTICLE 2: THE AGREEMENT
A contract is formed when an account proceeds to purchase (registration) of a profile. This agreement is binding on both parties. For bSafe this means that a 24/7 management and display of the website without interruptions, unless interruptions for maintenance or updates are announced. 

PUBLICATIONS AND PAYMENTS
After the registration of a new profile, the account receives a digital pro forma invoice. The payment period is up to 5 working days after sending the pro forma invoice. After these five days the account will receive a reminder for the outstanding invoice. In the absence of a payment, bSafe will cancel the acquired business profile. The amount of the registration fee is depending on the size of the organization. When the payment is done, the invoice will be sent to the email address associated with the profile.
The contract starts when bSafe receives the payment and activates the profile in its database. All contracts are on annual bases. 
bSafe strives to achieve this activation within 24 hours of receipt of payment. It is possible that bSafe requires a longer term, however, bSafe will communicate within three working days an activation or not. All registration fees are, unless otherwise expressly stated, in Euros, excluding VAT and other taxes.
In order to have a business profile published and to become visible on the website (within the safety directory) all mandatory fields must be completed.

THE INVOICE
The (pro forma) invoice comes in the name of the profile. An account can therefore purchase on (behalf of several organizations) a business profile. After receiving the payment, the final invoice in accordance with the details of the profile, digitally sent to the email address that is associated with the account. All purchased profiles with corresponding invoices can be retrieved under the 'my account section' of the website.

RIGHT OF ACCESS TO THE PROFILE BY MEANS OF THE CONTRACT
The account remains in the hands of the owner of the original profile insofar as this only relates to access of the account and profile created by him or her. Also, when payment is done by a third party, the profile for which payment has been made by a third party other than the original account creator, is only accessible by the original creator of the account by whom the profile has been purchased. Concerning this, bSafe cannot know this and cannot act as a mediator if the account has no (more) legal right to the use, legally or operationally, of the account and the under the account created personal or company profiles. If it can be demonstrated that the account (and the created profiles) have been doing this for the abuse of these profiles, bSafe must be notified in writing. bSafe shall then contact the account in order to carry out further investigation. If bSafe is of the opinion that the account and the created profiles have different objectives to those of the platform (and the bSafe concept), bSafe can decide to deactivate the account and if necessary remove it from the database. In this case bSafe will not be obliged to grant a full refund of the purchase price of the purchased profiles.  

CONTRACT DURATION
The duration of the contract, after receipt of the payment, is for a fixed time (maximum 1 year) and can therefore not be terminated earlier. bSafe reserves the right to check the profile according the previously mentioned criteria before the contract is concluded (after receipt of payment).

TERMINATION OF THE CONTRACT AT THE TIME OF ENTERING INTO THE CONTRACT
A contract can only be terminated by bSafe, and bSafe reserves the right to decide whether or not to refund the amount of the fees paid. When it is clearly visible that there is any form of intent, abuse, or other forms of inappropriate behaviour or language, bSafe can fully remove both the profile and the linked account from the database. All associated information, such as email addresses or IP addresses, shall be blocked in order to prevent any further use of the site services in the future. Concerning this, bSafe reserves the right to not provide a refund for any paid invoices.

TERMINATION OF THE CONTRACT AT A LATER TIME
bSafe enters into the contract on the basis of a snapshot of the registration of a profile by the account itself. bSafe reserves the right to carry out a review of the profile without providing any form of notice whatsoever. If bSafe is of the opinion that the profile must be deactivated on the basis of amended or changed laws and regulations, content, language, violation of privacy, change of business management, subsequent breaking of admission criteria, or any other forms of progressive insight, bSafe can do this at any time (which will result in the profile no longer being visible to the visitors of the platform). The profile and the associated account shall receive a notification of this and will then have the opportunity to amend the profile to meet the prescribed standards within a period of 3 days. If bSafe is of the opinion that the profile no longer meets the appropriate criteria, bSafe reserves the right at all times to completely remove the profile from the database. bSafe is of the opinion that an account and the associated profiles are always aware that any amendments made to the profile can have implications for further participation when this is contrary to the criteria that bSafe proposes for the possibilities within which a profile can be displayed. With this in mind, bSafe is of the opinion that in no case (after the event) must a partial or full refund be paid.

REFUND 
As described in the provisions above, a refund is only possible if bSafe believes that there is an entitlement and that there has clearly been a misunderstanding by virtue of which the contract was entered into. bSafe shall with the registration of every profile do its best in all cases to check whether a profile is suitable (and fully complies with the criteria and general purpose of the site) for publication. 

ARTICLE 3: MUTUAL OBLIGATIONS AND EXPECTATIONS
bSafe shall make utmost efforts to promote her website as well as her members by sharing information on social media, newsletters or external advertorials. bSafe will continuously analyzing and monitoring the number of visitors as well as the interactions that take place on the website(like search terms and popular profiles). The number of page views of a profile itself, can be found on each profile page and is visible for everyone. 

MAINTENANCE
bSafe reserves the right to deactivate her website temporarily (or with a partially limited use) in order to perform maintenance or upgrades. As long as the offline period is within a reasonable time limit, any claims from (paid) profiles will not be granted.

UPDATES
bSafe will perform regular updates in order to improve the performance of the website in general. We will not charge our paying customers for this service. The agreement was concluded for a definite period with an associated fee; bSafe will ensure that the purchased profiles and templates,  minimally always meet up with the requirements in terms of design, text blocks and possibilities for uploading (own) images, as the starting point was at the inception of the mutual agreement. However, it is up to bSafe to make appearance changes to the core of the design when these changes are in the perspective of bSafe contributing to an improvement of the website in terms of modernization, appearances, searchability and accessibility. The guiding principle for this will always be that any form of changes may not lead to a retrenchment of the appearance of the website or profiles itself.

NEW FEATURES & FUNCTIONALITIES
bSafe reserves the right to ask for an additional fee for new features, services of functionalities from her existing customers (business profiles).

KEEPING PROFILES UP TO DATE
Part of the agreement is that the manager of a profile keeps his or her (business) profile up to date during the period that the profile on the platform is displayed to visitors. bSafe reserves the right to disable a profile if it considers that it is no longer active (change of address, bankruptcy, outdated content, banned products and services). Anyway bSafe will deactivate an account (including its profiles purchased) if it is aware of a possible bankruptcy. Until further notice, the corresponding profile will no longer be displayed. Deactivating a profile will never give any right of a refund.

REPUTATION
The (account) administrator shall refrain from any form of action or expression, in the widest sense of the word, that may negatively influence the reputation of bSafe.

TRANSFER OF ACCOUNTS OR GIVING ACCESS TO AN ACCOUNT TO THIRD PARTIES
The administrator does not have the right to transfer the rights or obligations of this contract to third parties or to give use to third parties, unless bSafe has specifically given its written consent. The administrator is not allowed and shall not allow third parties to use his/her account and profile(s) in a fraudulent manner, including, but not limited to, fraudulent, dishonest, or invalid generation of 'clicks' on profiles or to have 'clicks' generated by, for example, the use of robots or other automated searches, and/or the fraudulent use of other optimisation services and/or software.

The account is and shall remain liable for the use of the platform services via a user name and password. bSafe cannot explicitly be held liable for losses incurred as a result of abuse or theft of the user name and password.

COMPENSATION FOR DAMAGES
In none of the situations described above, in which a visible or invisible change is made to the platform that bSafe considers to be an improvement (whether or not in terms of performance, accessibility or appearance), is it possible (in combination with purchased and published profiles) to either terminate the contract or demand a refund (in the form of a compensation). If, due to some form of intervention for that described above, the account in combination with its purchased, paid and published profile(s) or advertisements receives the right to compensation as part of any legal judgement, the amount of this compensation shall never be more than the original purchase price of the profile, profiles or advertisements.

ARTICLE 4: CONTENT
Any form of imported content must comply with the agreed (technical and substantive) requirements and must be based on the truth. bSafe has the right to change these requirements. bSafe always reserves the right to refuse, remove, or change content without the account being entitled to any compensation. The deletion or modification of the content can be carried out by bSafe without giving a reason or prior notice. The administrator of a profile is responsible for ensuring that the imported data is correct and complete and that the use of the platform by the profile corresponds to the agreed objectives and is not contrary to the rules and regulations (in his/her country). This also means that he/she is not infringing the intellectual property rights of third parties or, as the case may be, the content of images or texts has not been obtained or applied illegally in any way whatsoever. Administrators of profiles cannot derive any rights from the design, layout, content, page and section layout of the media or to the place or position, ranking and organisation of profiles that are publically displayed (can be requested) on the website.

PUBLICATIONS AND DISPLAYS
bSafe uses categories in order to create a clear overview of the safety directory and messages (posts) that can be published.  It is up to the administrator of a profile to select self-relevant (maximum three) categories attributable to his/her profile. The manager is aware that displays of the profile will be shown in conjunction with relevant organizations that may have the same objectives in anyway (competitors). Furthermore, the administrator is in agreement that the third party content, including competitors, can appear when using keyword (s) and or (brand names or product terms) with one of the trade name or mark of the profile itself.  bSafe is not responsible for the use of (exclusive) terms of any parties who are active on the platform.

INTELLECTUAL PROPERTY RIGHTS
The Intellectual Property Rights relating to all services (content such as text, images and videos that can be entered into the chosen profile) that are made available by bSafe within the framework of the contract remain the property of bSafe or that of the third party who has given bSafe the right to (a part of) the services that have been made available to the account (administrator). bSafe grants the account (administrator) a non-exclusive and non-transferable right to the administration of his account and/or to use the purchased profiles within his own company for the agreed objectives. The Intellectual Property Rights on all the material (text, images and video) that the account (administrator) makes available to bSafe in connection with the implementation of his profile purchased from bSafe remains with the account (administrator) or with the third party from whom the administrator obtained the right to make the material available to (or via) bSafe. The account (administrator) grants bSafe the right to use and publically display these materials for the purpose of the implementation of the platform. The account (administrator) is responsible for ensuring that the available materials do not infringe the rights of third parties and that he is entitled to make use of such materials on behalf of bSafe. The account shall fully indemnify bSafe against any claims and demands for damages by third parties in this respect and shall also indemnify bSafe for all costs incurred in connection with these claims and demands. The account may not delete any notifications of rights holders with respect to Intellectual Property Rights. The same applies to communications that contain certain information that is of a confidential nature.

ARTICLE 5: PRIVACY AND CONFIDENTIALITY
bSafe needs to receive some (personal) details from the account (administrator). bSafe uses this information solely for the approach to the self-serving account correspondence or email traffic. All parties will keep all the information that has been received fully confidential as such is known (or should be known) to be confidential in nature, unless a legal obligation mandates disclosure of that information. The party receiving the confidential information shall only use it for the purpose for which it was provided for. Parties shall submit the above requirement also on their employees and / or on third parties that were engaged.

ARTICLE 6: LEGAL LIABILITY
Every possible form of legal liability of bSafe for indirect damage that could result from its accounts (and administrators of profiles), including but not limited to consequential damages, lost profits and lost sales, is excluded. bSafe is not liable for damage on the part of the account with its profile(s) that is caused by third parties, whether or not they use the platform. Notwithstanding the previous, the following is applicable to the platform that (partially) consists of free showing (without obtaining explicit permission) of business information from third parties: bSafe is not liable for damage that may be suffered by showings on bSafe, unless such damage is caused by demonstrable deliberate intent or gross negligence on the part of bSafe. bSafe offers a free (unrequested) service for the showing of free business information that to some extent contributes to a positive image of the person or company concerned. In no case is it the intention of bSafe to deliberately misuse the shown information.

Dutch law is applicable to the purchase of products and services that results in a contract between bSafe and the account under these General Terms & Conditions. All disputes that may arise out of the contract will be submitted to the competent court.

bSafe@work is a trade name from Ezenzo B.V. and is registered by the Dutch Chamber of Commerce under number 17249870.

January 2016.