Terms of Use Partner Terms of Use Website Privacy Privacy Policy

PeopleSafe® Terms of Use

Welcome to PeopleSafe Limited, our online Health and Safety service that is designed to help manage Your Health and Safety related information. Our Terms of Use are here to help You understand the things that We will do as a service provider and what You need to do as a Subscriber.

These Terms of Use start when You register to use PeopleSafe. This means that by registering to use PeopleSafe You agree that You have read, and understand, these Terms of Use.

PeopleSafe Ltd is always growing and extending the Service We provide to our Subscribers. These Terms couldn't cover every possible issue that might come up and are not intended to do so. This means We will change these Terms sometimes and make decisions as events occur. 

We'll tell You about these through updates to our Website, emails to Your PeopleSafe Coordinator or messages within the PeopleSafe system. You need to make sure You are up to date with the latest Terms and follow them.

By registering to use PeopleSafe You agree that You have the right to act on behalf of any person who You are setting up PeopleSafe for, or use PeopleSafe for, and agree to these Terms yourself and on behalf of those persons.

When You use any PeopleSafe® products or Services, You agree to follow these, and any updated Terms of Use (“Terms”) that We publish. 

These Terms start when You create a Subscription to Use our Services and form the commitment on how both parties will work together.

1. Definitions

“Account”
Means the grouping of Services that are charged on a single invoice, which may include one or more Subscriptions.

“Billing Cycle”
Refers to the period You will be billed for Our Services, commencing on the date You create a Subscription to use Our Services and repeats monthly on, or about Your anniversary.

“Confidential Information”
Includes all information exchanged between the Parties, whether in writing, electronically or orally, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“We, Us, or Our” 
In any of Our or terms or policies, refers to PeopleSafe® Limited or anyone that works directly for or with Us.

“Data”
Means any information or material You, or Your users, have entered, uploaded or created Using Our Services.

“Party/ Parties”
Means You and Us.

“Services”
Refers to Our Websites and applications, including peoplesafe.com, saferworkstories.com, my.peoplesafe.co.nz and any product created and maintained by Us.  That includes PeopleSafe® (all versions), whether delivered within a Web browser, desktop application, mobile application or any other format.

“Subscriber, You or Your”
Means the individual, company or organisation that registered to use one or more of Our Services.  Typically, the legal entity of Your company or organisation is the owner of the Subscription.  If the organisation is not a legal entity, the owner is the individual who signed up.

“Subscription”
Refers to the collection of Services You have chosen to use.  It includes a plan that determines the Services We provide You and includes the data held on Your behalf.

2. Using our Services

When You create a Subscription to use Our Services; We give You access to use the Services according to your Subscription.  Your Subscription will determine Your pricing.

By creating a Subscription to use Our Services, You agree that You have read and understand these Terms. 

Your Subscription is for the lawful internal business of the Subscriber only.
This means that You and Your users will not in any way that infringe any law or regulation, or the rights of any third party.

We are not responsible for or to Your users and We do not have any obligation with anyone other than the Subscriber.   

2.1 - Users

You may add or invite Your team as users to help You, which means they will have access to Your Data. The costs of additional users will be determined by Your plan.

You are responsible for managing who has access to Your Subscription.   

A user can use the same login for Our Services for another Subscriber that uses Our Services.  So please communicate with a user before You update their personal or login details.

2.2 - Usernames and Passwords

It is Your responsibility to make sure that all usernames and passwords are kept secure and confidential. If You think there has been unauthorised access to Your accounts, please tell Us straight away and We can help You take steps needed to make sure both Your Data and Our system are kept secure.

2.3 - Multifactor Authentication (MFA)

We recommend all users set up multi-factor authentication for added security.  Using multiple factors of authentication results in greatly improved security.

2.4 - Communication

When You communicate anything using Our Services, You are responsible for making sure they are legal and appropriate.

If You use Our Services inappropriately, We may remove any communication at any time that We reasonably think is inappropriate.

2.5 - Technical Issues and Support

We provide self-service online support for Our Services to all users.  This support should help resolve most issues. 

Additional support for technical issues is provided to Subscribers via email only. 
We do Our best to provide this support in a timely manner.

Where relevant, We will refer any support queries by users to the Subscriber in the first instance. We will also provide first and last name of account contacts and users with administrator access where appropriate to users to enable them to contact you directly.

If You as the Subscriber need technical help, after making reasonable efforts to figure things out, please email Us at help@peoplesafe.co.nz 

Technical phone support is not provided.

 2.6 - Usage

Use of Our Services may be subject to some “reasonable use” limits; We’ll let You know about what these are, if needed. Under normal and intended use of the Subscription, this is unlikely to happen.

We may pause, change, add or stop providing any feature that forms part of the Subscription or the Services at any time. 

We reserve the right to temporarily suspend Your account, or parts of Our Services if Your usage significantly exceeds the levels of use by most of Our other customers.  We will contact You before We take any action, except in rare cases where the level of use may negatively impact the performance of Our Services for other customers.

 2.7 - Users of Your Subscription

Our Services are intended to help You manage the health and safety requirements of Your organisation. Which includes giving Your team access to Our Services as individual users.

It’s important You know, accept and agree that, subject to any applicable laws:

  • You choose who gets access to Your Subscription by adding or inviting users and choosing the level of access that they have.

  • You can remove or change a user’s access level at any time.
    It’s important that You actively manage Your users, including things like removing access when a user leaves.

  • We don’t have an obligation to give any user access to Your Data.

  • You are responsible for Your users and a breach of these Terms by them constitutes a breach of these Terms by You.

2.8 - Rights of Users

Users, other than the Subscriber, do not have any direct rights pursuant to these Terms.  If there are any issues between You and any user about their access to Your Subscription, it’s up to You to resolve and decide what access they will have, if any. 

2.9 - Additional Subscriber Level Access

A Subscriber has full access to administer a Subscription.  You can have additional users with Subscriber level access if required.  This is done by designating a user to be a PeopleSafe Coordinator.  They must accept the same terms as the Subscriber to be given this access, but they do not become the Subscriber. 

You can give a user this level of access.  However at Your request, We may change or add users with Subscriber level access to your Subscription.  This will only happen after satisfying Our internal policies to verify identity and/or authorisation.

2.10 - Using Our Services

Don't try to break them, cause security issues or put Our Services or Our network at risk. Don't try to use or make Our Services do something they haven’t been specifically designed to do.

Never try to crash Our Services, systems or network; or any of Our third-party services, systems and networks. 

Don’t use Our Services in any way that interferes with Our ability to provide them.

You must never try to access any materials that You have not been given direct permission to access or to the systems that provide Our Services.

Never transmit, or input into Our Services, any files that may damage any other person's computing devices, hardware or software, nor content that may be offensive, or Data that violates the law.

Never attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any of the systems We use to deliver Our Services.

Never use any automated process, software, script, or service, such as a 'bot', to access or use Our Services.  

3. Data

You acknowledge and agree that any Data that you enter or upload into Our Services is owned by You. By entering or uploading such Data to Our Services, You confirm that You have the necessary permissions to share that Data. We only retain a limited, non-exclusive licence to use, store and process the Data as necessary to provide Our Services. It’s important that You take management of Your Data, and access to it, seriously. 

You must not upload material that is protected by copyright or trademark if You don't have the legal right to have, store and use it.

3.1 - Data / Information About Others

You may choose to record information about others using Our Services.  If You add personal information about someone else, You must make sure You are authorised to hold and share that information. 

This means that You must take reasonable steps to make sure the people concerned are aware of and/or agree with the various matters detailed in these Terms that impact them; including the fact that their personal information is being collected, why that information is being collected and who will use and see that information. 

If requested, You must update the personal information held in Your Subscription, this is never Our responsibility.

If needed by applicable data protection or privacy laws, We may collect, use and disclose such information without taking any further steps to notify You.

If You use Our Services on behalf of or for the benefit of anyone other than You, We have no obligation to give any person access to Data without Your authorisation.

3.2 - Users can change Data

All users have an ability to add, remove and update different types of information in Your Subscription.  This includes things like their personal details, and depending on their level of access other data can also be changed.  It’s Your responsibility to understand the impact these changes may have on Your Subscription. 

The accuracy or quality of information received by You or any of Your users is Your responsibility and We have no liability for any loss or damage to any Data because of any action of a user.

3.3 - Ownership Of Data

The right to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data depends on full payment of Your account when due.

You allow us a license to use, copy, transmit, store, and back-up Your Data so We can give You access to, and use, Our Services and for any other reason to provide You with Our Services under these Terms.

Metadata and other statistical information, such as anonymised data generated because of the use of Our Services, is owned by Us and may be used and made available to third parties for the purposes of producing industry summary statistics, summary usage benchmarking, system performance analysis, and service delivery improvements and to improve safety of Our customers.

3.4 - Data Volume

The amount of Data that You store within Our Services may be limited or incur extra costs if it becomes too large. This is rare and We will notify You before any costs are incurred to allow You to reduce Your level of Data.

3.5 - Data Backup

You must keep copies of all Data. We have policies and procedures to prevent Data loss, including regular system Data back-ups, but do not give any guarantee that there will be no loss of Data. We do not provide an individual Subscription backup restoration service.

We will not be responsible for any loss of Data no matter what the cause.

It’s Your responsibility to take out and maintain adequate insurance cover in respect of any loss or damage to Data.

3.6 - Data Privacy

We respect Your privacy and take data protection seriously. Please refer to our Privacy Policy for information on how we manage Data.

3.7 - Third Party Applications and Your data

If You enable third-party applications for use with Our Services, You acknowledge that We may allow the providers of those third-party applications to access Your Data so that third party applications can exchange and use information smoothly.

We will not be responsible for any disclosure, modification or deletion of Your Data that happens because of any access by third-party application providers.

3.8 - Intellectual Property Rights

The ownership of all intellectual property rights in Our Services, how We provide You with Services and any documentation We provide is Our property. We let You use this but never give You ownership of this.

You must have all consents and clearances needed for You to lawfully make use of any intellectual property rights through Our Services, including but without limitation to, all Data held in Your name.

You hold the intellectual property rights to all Data however, We may restrict Your access to Your Data if You are in breach of any of these Terms.

These Terms do not transfer, from Us to You, any intellectual property rights belonging to Us and all rights, titles and interests in, and to such property will remain solely with Us.

These Terms do not transfer from You to Us any intellectual property rights belonging to You, and all rights, titles and interest in, and to, such property will remain solely with You.

4. Payments, Refunds and Plan changes

4.1 - Paying Your invoices

Your account is invoiced and charged monthly, in advance, commencing on the date You signed up to Our Services.

It’s Your responsibility to ensure Your account is paid on time and in full. 

To achieve this, You agree to keep a valid credit card loaded against Your Subscription with sufficient funds to enable payments to be deducted automatically at the invoice due date. Alternatively, by special arrangement, We may offer credit terms for payment on an invoice basis. These Terms are subject to a minimum level of ongoing business, and additional terms.

4.2 - How Your invoice is calculated

The price You pay for the Services We provide is based on Your Subscription and associated pricing plan.   Sometimes We may need to change Your pricing plan for Our Services.  However if We do that, We will give at least 30 days’ notice and will notify You via the email address on record.

Plan upgrades, downgrades and changes are normally charged from Your next Billing Cycle.  Any add on Services subscribed to before the next Billing Cycle may be charged from or on the date of the upgrade and appear on Your invoice at the next Billing Cycle.

Some variable costs may be incurred as used throughout the Billing Cycle. 
These are charged monthly, in arrears, on Your next Billing Cycle (e.g., for things like SMS / TXT messaging)

All fees are exclusive of Goods and Services Tax (GST) which is added in addition to Your invoice total.

4.3 - Receiving Your invoices

Your invoice will be available on the day of Your Billing Cycle renewal from within the billing and payments section of Your Subscription. 

An invoice showing payment made will be emailed once the payment has been reconciled, usually within 7 days of the payment being made.

4.4 - If You don’t Pay Your invoice on time

If after Your account becomes overdue and we don’t hear from You, We may suspend access to Your Subscription until You make payment.
If Your account has been suspended for a while, it may end up in Our auto-cancellation queue and be cancelled and Your Data removed. 

Your Subscription may automatically revert to a standard plan if You Were receiving any special pricing.  We may also:

a.    automatically add an administration fee to Your next invoice in relation to the extra administration costs incurred for Your failure to pay on time;

b.    Charge interest on any amount outstanding to Us on a daily basis at a rate of 2% per month compounding during such default until the amount outstanding is paid to Us in full; and

c.     Require You to pay us all costs incurred by Us as a result of Your default, including but not limited to administration charges, debt collections costs, court costs and legal costs on an indemnity or solicitor/client basis. 

5. Uptime, Security and Privacy

5.1 - Uptime

We aim to keep Our Services available 24 hours a day, seven days a week. At times Our Services may be unavailable because of maintenance or development needed. 

We don't accept liability for interruptions of Service or down-time of any of Our Services.   

Visit https://peoplesafe.statuspage.io to see the status of Our Services.

Notifications regarding the status of Our Services, including scheduling and communication of scheduled maintenance and of issues known to be affecting user access will be via Our Status Page at https://peoplesafe.statuspage.io

We'll take reasonable steps to ensure the integrity and security of Our Services, but We do not guarantee that it will be free from unauthorised users or hackers and We will not be liable for the possible effects caused by such users or hackers.

You must take any action that We think is needed to maintain or enhance the security of Our Services.  We will notify You if action is required

5.2 - Confidentiality and Privacy

We respect the privacy of You, Your Data and users and We treat all Data as confidential.

Subject to the provisions outlined below, We will take reasonable steps to keep Data confidential, however, will not be liable to You, if for any reason, Data is obtained by a third party.  

We may collect specific Data from user browsers as they enter and exit Our Services. This information is generic, and contains data such as referring URL, pages viewed, and the amount of time spent Using Our Services. Information gathered may be used to investigate any possible breaches of these Terms or illegality, or troubleshoot technical issues

On rare occasions We may access Your Data to help with support requests You make, or to help resolve errors notified by Our error alert monitoring systems.

Unless either Party has the prior written consent of the other, or unless required to do so by law:

  • We will all maintain the confidentiality of all Confidential Information. The parties will not share Confidential Information with any other party other than as stated by these Terms.

  • The party's requirements under this provision will continue if the Subscription is cancelled or terminated.

  • The provisions of confidentiality don't apply to information that:

  • Is or becomes public knowledge other than by a breach of these Terms;

  • Is received from a third party who lawfully gained it and who is under no obligation restricting its disclosure;

  • Is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or

  • Is or could be independently developed without access to the Confidential Information.

  • The obligation of confidentiality relating to Data shall not include information which enters the public domain through no fault of Ours. 

6. Liability

6.1 - Access

We don’t guarantee that the Use of Our Services will be uninterrupted or error free. It’s important to understand that among other things, the operation and availability of the external systems used for accessing Our Services (like Wi-Fi, mobile data etc.) can be unpredictable and may from time to time interfere with or stop You accessing Our Services.

6.2 - No Warranties

The use of Our Services is at Your own risk.  We provide these Services on an “as is” and “as available” basis.  We do not offer service level agreements but do take the uptime of Our Services seriously. 

We give no guarantees about Our Services.  We do not guarantee that Our Services will meet Your requirements or that they will be suitable for any particular purpose. 

All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.3      Consumer Guarantees

You agree that You are acquiring the right to access and use Our Services for business purposes. To the maximum extent permissible at law the provisions of the Consumer Guarantees Act 1993 are excluded under these Terms.

6.4 - Limitation of Liability

It is Your responsibility to work out if Our Services meet Your needs and are suitable for what You want to use them for.  This includes their use to help You meet Your statutory, regulatory and internal requirements relating to Health and Safety.

To the maximum extent permitted by law we are not liable in contract, or tort (including negligence) for any loss whatsoever including consequential, indirect loss or economic loss (including loss of information, Data, or profits) or damages resulting directly or indirectly from any use by You of Our Services.

If You suffer loss or damages as a result of using Our Services in accordance with these Terms and notwithstanding the prior paragraph, if We are deemed liable, then any claim by You against Us will be limited in respect of any one incident or series of connected incidents to five times the base Subscription fee paid in full by You on the invoice the month prior to the loss or damage being claimed.  If the invoice was not paid in full on time, no claim for any loss will be payable.

If You are not satisfied with Our Services Your sole and exclusive remedy is to bring these terms to an end in accordance with the Cancellation and termination provisions.

6.5 - Indemnity

You will indemnify Us, keep Us indemnified and hold Us harmless from and against any breach by You of these Terms and of any claim brought against Us by a third party resulting from Your use of Our Services or the use of Our Services by any user of Yours.

This includes, but is not limited to, all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including legal costs and expenses) that are suffered or incurred by Us as a result of Your breach of these Terms or use of Our Services including any use of Our Services by any user of Yours and any costs in recovering any monies that are due but have not been paid by You.

You also agree We are not responsible whatsoever for any act or omission of any user.

7. Cancellation and Termination

At the end of each Billing Cycle, these Terms will automatically continue for another period of the same duration, until Your Subscription is cancelled or terminated.

7.1 - Cancelling a Subscription

You can cancel a Subscription by giving thirty (30) days’ notice to Us by following Our cancellation process.

You will be responsible to pay for all of Your Subscriptions until the end of Your notice period. This is likely to mean there will still be one Billing Cycle during Your thirty (30) day notice period.

If You have multiple Subscriptions on Your account, each Subscription needs to be cancelled independently of the other following Our cancellation process. 

7.2 - Refunds

Because You have the right to cancel a Subscription at any time with only thirty (30) days’ notice, We do not give refunds on payments made in advance. This includes where We allow a transfer of a Subscriber part way through a Billing Cycle.

7.3 - No-fault termination

If either party cancels a Subscription by giving thirty (30) days' notice in advance to the other party, then the Subscription shall terminate at the end of the notice period. 

7.4 - Breach of Terms

If You breach any of these Terms (including, without limitation, by not paying Your account on time) and do not fix the breach within 7 days after receiving notice of the breach; or

If You become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency in any jurisdiction,

We may take any of the following actions,

  • Cancel Your Subscription and Your use of Our Services without notice by deactivating Your access to Our Services;

  • Suspend for any definite or indefinite period, Your use of Our Services including access to all or any data.  The actions referred to above may be taken in respect of You and / or any user.

7.5 - Accrued Rights

Cancelling Your Subscription is without prejudice to the Parties accrued rights and remedies.

On termination of Your Subscription, You will:

  • remain responsible for any accrued charges and amounts which become due for payment before or after cancellation; and

  • stop using Our Services.

Cancellation of a Subscription will not end obligations under these Terms which reasonably should survive cancellation.

8. General Terms

8.1 - Professional advice

It’s important that You understand We do not give professional advice. We may provide information We think is useful, however, this is not a substitute for professional advice.  We are not liable for Your use of information.

8.2 - Waiver

If either Party delay any rights or remedies, that will not be a waiver of those rights or remedies. No waiver will be valid unless made in writing.

8.3 - Delays

Neither party will be liable for any delay or failure in the performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money owed.

8.4 - No Assignment

You shall not assign the Subscription without Our prior written consent.   

8.5 - Governing Law and Jurisdiction

This Agreement shall be interpreted following the Laws of New Zealand.

8.6 - Severability

If any part or provision of these Terms is invalid, unenforceable or conflicts with the law, that part or provision is replaced with a provision, which, as far as possible, accomplishes the original purpose of that part, or provision. The remainder of these Terms will be binding on both You and Us.

8.7 - Policy And Codes of Practices

These Terms of Use may refer to additional polices We use and update from time to time.  You agree that You have read and understand they form part of these Terms.

8.8 - Notices

  1. Any notice You send to Us must be sent to legalnotices@peoplesafe.co.nz

  2. Any notices We send to You will be sent to the Subscriber’s email address

These terms are important

These Terms together with any documents or policies expressly referred to in them, contain the whole agreement between You and Us. It’s important You follow them, including any notice We send You, or any conditions or updates posted on our website.

To be clear; these Terms override any previous agreements, arrangements, undertakings or proposals, written or oral You may have received. No oral explanation or oral information given by either of the Parties will change the interpretation of these Terms.

You accept that You have not relied on anything other than what is expressly stated in these Terms and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly under these Terms.

Terms of Use Last Updated 2 April 2025