Safe Hands - Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PORTAL

What is The Safe Hands Management System?

The Safe Hands Management System, which is owned and operated by the England and Wales Cricket Board Limited of Lord’s Cricket Ground, St Johns Wood, London, NW8 8QZ  (“ECB”, “we”, “our”, “us”), helps the county cricket boards to: (i) easily identify gaps within their current safeguarding practice that may require additional support to ensure alignment with the safeguarding standards; and (ii) forecast future resource requirements for safeguarding.

Purpose of Portal

Our site at https://shms.powerappsportals.com/, including all related sub-domain names (the “Portal”) is an online portal forming part of The Safe Hands Management System that enables all cricket clubs in England and Wales to enter the details of individuals in key roles or those with responsibility for the management and running of club activities (the “Club Officials”) for the purposes of set out in the paragraph above.  Each cricket club will have one or more designated individuals (the “Club Administrator(s)”) who will oversee the process of collecting, entering and monitoring such details of Club Officials (the “Information”).

Purpose of Terms

You have been nominated as a Club Administrator or Club Official by your cricket club (your “Organisation”) to provide and access (as applicable) the Information on the Portal, subject to and in accordance with these terms. These terms and conditions (these “Terms”) relate to your use of the Portal. 

Acceptance of these terms

By using the Portal, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Portal. We recommend that you print a copy of these Terms for future reference.

Acceptable Use Policy

You may use the Portal and the Information only for lawful purposes. You may not use the Portal and/or any of the Information:

• for any reason other than for the inputting of the Information requested of you through the Portal and, in the case of the Club Administrator(s), inviting Club Officials to join the Portal and monitoring the Information, for the purposes set out in the “Purpose of Portal” paragraph above (“permitted uses”);
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
• in any way which might infringe ECB intellectual property rights or the intellectual property rights of any third party.

You also agree:

• to comply with any additional usage guidelines issued through or displayed on the Portal;
• to use all Information in accordance with any guidelines, rules and/or instructions that may be issued by us from time to time;
• not to translate, merge, adapt, vary, alter or modify, disassemble, de-compile, reverse engineer, reproduce, duplicate, copy or sell any part of the Portal or the Information (or create any derivative works therefrom) in contravention of the provisions of these terms;
• not to allow any third party to use your login details to access the Portal;
• not to disclose any Information to any third party;
• not to use any part of any Information separately from or out of the context in which it is displayed on the Portal;
• not to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) that utilises or contains any of the Information;
• not to make any adverse or derogatory comments about us or the Portal and not to do anything which shall, or may, bring us, the Portal, any other Club Official or Club Administrator, or the game of cricket into disrepute or harm our reputation in any way;  
• not to use the Portal and/or the Information in any manner which is in any way false, misleading, offensive, abusive, defamatory, derogatory, obscene or explicit and/or which may have a detrimental impact upon you, any other Club Official or Club Administrator, your Organisation, any county cricket board, us or the sport of cricket;
• not to access without authority, interfere with, damage or disrupt (including, without limitation, by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically or attack through a denial-of-service attack or a distributed denial-of service attack);
• any part of the Portal and/or any Information;
• any equipment or network on which the Portal and/or any Information are stored;
• any server, computer or database connected to the Portal and/or any Information;
• any software used in the provision of the Portal and/or any Information; or
• any equipment or network or software owned or used by any third party.

Availability of the Portal

We do not guarantee that the Portal, or any content on it (including the Information), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Portal and/or the Information for business and operational or other reasons, or if you breach these Terms.

We will not be liable to you if for any reason the Portal is unavailable at any time or for any period or if your location is unavailable on the Portal. You are responsible for obtaining the data network access necessary to use the Portal.

We may update and change the Portal from time to time for any reason.

Your account details and information you provide to us

To use the Portal, you must sign-in using an existing ECB Single Sign-On account. If you do not have an existing ECB Single Sign-On account, you will need to register and create an account. Please see our Privacy Notice for further details as to how we will use the personal data that you provide to us when you create an ECB Single Sign-On account.

You must keep your registered user log-in name, password and any other piece of information provided as part of our security procedures, confidential. You must not disclose it to any third party.  We have the right to disable any user login details at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

WHENEVER YOU MAKE USE OF A FEATURE OF THE PORTAL THAT ALLOWS YOU TO SUBMIT INFORMATION TO US FOR USE IN THE PORTAL YOU WARRANT AND REPRESENT THAT: (I) ALL SUCH INFORMATION IS TRUE, ACCURATE AND NOT MISLEADING; (II) WE HAVE THE RIGHT TO RELY ON AND USE SUCH INFORMATION FOR THE PURPOSES SET OUT IN THE “PURPOSE OF PORTAL” PARAGRAPH ABOVE; (III) IF THAT INFORMATION CONTAINS ANY PERSONAL DATA OF ANY THIRD PARTY, YOU HAVE THE LEGAL RIGHT TO SHARE THAT PERSONAL DATA WITH US VIA THE PORTAL AND WE HAVE THE LEGAL RIGHT TO USE THAT PERSONAL DATA ON THE PORTAL FOR THE PURPOSES SET OUT IN THE “PURPOSE OF PORTAL” PARAGRAPH ABOVE AND OUR PRIVACY POLICY. WE RESERVE THE RIGHT FROM TIME TO TIME TO REQUEST EVIDENCE FROM YOU TO DEMONSTRATE YOUR COMPLIANCE WITH THE AFOREMENTIONED WARRANTIES. 

In the event that any third party brings any claim or complaint against us or any of the employees, officers, agents or consultants engaged by us (the “Indemnified Parties”), you shall indemnify and keep indemnified the Indemnified Parties from and against any and all liabilities, claims, costs, damages and expenses (including reasonable legal fees) suffered or incurred by the Indemnified Parties arising out of or in connection with any use by you of the Portal or any breach by you of these Terms, including without limitation any claim or complaint by a third party that their intellectual property rights have been infringed as a result of your use of the Portal and/or any Information, or a third party’s personal data has been used in an unlawful manner.

All personal data supplied to us by you (including personal data submitted as part of the registration process) shall be processed by us in accordance with our Safe Hands Privacy Notice, our Privacy Notice and these Terms.

Monitoring

We may monitor activity and content on the Portal and may take any action we consider appropriate if we suspect you may be in breach of these terms including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

Viruses

We do not guarantee that the Portal will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Portal. You should use your own virus protection software.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Portal (including, without limitation, any logos featured thereon). We grant you a limited, non-exclusive, non-sublicensible, revocable, non-transferable licence to access and use the Portal and all information published on it and created as a result of such use, solely for the permitted uses referred to herein. All other rights are reserved to us.

Third party links

We may from time to time provide links to third party websites as part of the Portal.  We have no control over the third party websites and accept no liability for any statements, information, content, products or services that are published on or may be accessible from those third party websites. It is of utmost importance that you thoroughly check all information provided on the third party websites before you commit to procuring any goods or services.

Limitation of our liability

THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE PORTAL OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES PROVIDED THROUGH THE PORTAL.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS.

WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

• USE OF, OR INABILITY TO USE, THE PORTAL AND/OR ANY INFORMATION;
• ANY FAILURE IN PERFORMANCE FOR CAUSES BEYOND OUR CONTROL; OR
• YOUR CONNECTING TO ANY LINKED THIRD PARTY WEBSITES OR ANY STATEMENTS, INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE PUBLISHED ON, OR MAY BE ACCESSIBLE FROM, ANY LINKED THIRD PARTY WEBSITE.

IN ADDITION, WE HAVE NO LIABILITY TO YOU FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES;
• LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF DATA OR PROPERTY DAMAGE RELATED TO THE PORTAL; OR
• LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PORTAL OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU ACKNOWLEDGE THAT THE PORTAL RELIES ON THE ACCURACY OF THE INFORMATION INPUTTED BY CLUB ADMINISTRATORS AND CLUB OFFICIALS. WE WILL TAKE REASONABLE STEPS TO ENSURE THAT THE CORRECT OUTPUT FROM THE INFORMATION INPUTTED IS GENERATED AND SHOWN IN THE PORTAL

Severability

Each paragraph (and sub-paragraph) of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs (or sub-paragraphs) will remain in full force and effect.

Waiver

No delay or decision not to enforce rights under these Terms will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

Applicable law

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in the event of any dispute relating to these Terms.

Changes to these terms

We amend these Terms from time to time. Every time you wish to use the Portal and/or any Information, please check these Terms to ensure you understand the Terms that apply at that time.

Contact us

To contact us, please click here.

LAST UPDATED NOVEMBER 2020