Terms and Conditions
VERITAS DOO FZ-LLC TERMS AND CONDITIONS FOR CONSULTANTS
THESE TERMS AND CONDITIONS SET OUT THE TERMS UNDER WHICH VERITAS DOO FZ-LLC OFFERS YOU THE USE OF ITS SERVICES IN CLAUSE 1.1 OF THIS AGREEMENT BY MEANS OF VERITAS (THE “WEBSITE”). BY USING ANY OF THE SERVICES AND/OR THE WEBSITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT REGISTER OR USE THIS WEBSITE.
This Agreement is made between you and Veritas Doo FZ-LLC whose registered office is: FAMC3482, Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates.
1. THE SERVICES
The Services constitute a technology platform that enables users of VERITAS mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book inspectors, pay for and schedule workloads, and/or vendor services with independent third party providers of such services, including VERITAS and/or delivery providers under agreement with VERITAS or certain of VERITAS affiliates, and/or independent vendors such as inspection teams (“Third Party Providers”). Unless otherwise agreed by VERITAS in a separate written agreement with you, the Services are made available solely for your company use. YOU ACKNOWLEDGE THAT VERITAS DOES NOT PROVIDE TECHNICAL EXPERTISE, REPORTS, ANALYSIS, GUIDANCE OR VENDOR SERVICES OR FUNCTION AS A PROVIDER OF TECHNICAL CONSULTANCY AND EXPERTISE AND THAT ALL SUCH TECHNICAL EXPERTISE, REPORTS, ANALYSIS, GUIDANCE OR VENDOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY VERITAS OR ANY OF ITS AFFILIATES.
1.1 By means of the Website, VERITAS makes available an on-line recruitment, sourcing and work management information service, where clients requesting technical services place formal requests for positions and/or assignments which they require not be delivered and the VERITAS system will then pre-screen and select preferred matching candidates, and if selected, you may submit responses to accept, reject or learn more about the opportunity (“Services”).
1.2 Please note that when responding to clients on technical matters, you will liaise with them via the VERITAS platform under contract with VERITAS. As such no arrangements will be formed between you and them, without VERITAS as a party.
1.3 You hereby agree that, for the one (1) year period immediately following the Date of Termination, you shall not, either on your own account or jointly with or as a manager, agent, officer, employee, consultant, partner, joint venturer, owner or shareholder or otherwise on behalf of any other person, firm or corporation, directly or indirectly solicit or attempt to solicit away from the VERITAS any of its officers or employees or offer employment to any person who, on or during the six (6) months immediately preceding the date of such solicitation or offer, is or was an employee of the VERITAS.
1.4 The Services are only available on the completion of the registration section of the Website including confirmation that the relevant terms and conditions have been read and accepted.
2. USE OF THE WEBSITE AND THE SERVICES
2.1 You agree that you will not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which contains any virus or which may otherwise impair or harm VERITAS computer systems or any third party computer system.
2.2 By registering to use the Services pursuant to clause 1.3, you automatically and hereby grant to VERITAS a royalty free right to display, copy, reproduce and make available on the Website and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to VERITAS through your use of the Services.
2.3 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents. All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings has been so made available for your guidance only. All liability of VERITAS, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
2.4 VERITAS makes no warranty that the contents of communications and attachments through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
2.5 Save to the extent permitted by this Agreement, VERITAS does not grant any licence or other authorisation to use any of its trademarks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the Website or the Services.
3. AVAILABILITY OF THE WEBSITE AND THE SERVICE
VERITAS does not promise full, uninterrupted or error free operation of the Website and/or the Services. All liability of VERITAS, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.
4. REGISTRATION
Where you are asked to complete the registration process the personal details that you provide must be true, accurate and complete. You agree to make any changes which are relevant to your registration as soon as is reasonably practicable to ensure that your details remain up-to-date and true, accurate and complete at all times that your details appear on the Website.
5. DATA PROTECTION AND USE OF PERSONAL INFORMATION
Your personal data will be collected and processed by VERITAS in accordance with its privacy policy. The personal data collected may include, without limitation, your name, address, telephone and fax details, email contact address, and other data obtained from you from time to time.
If you want to be removed from our global database, it will take 10 days to delete your account from the system and you will not be able to restore it. All your historic records will remain in the system with no personally identifiable information.
Information may be gathered from your registration form(s) and your use of the Site including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie attached to personal information collected another way, such as by means of your on-line registration form.
Other than as set out elsewhere in this clause 5 your personal information shall not be disclosed or used by us. Only your provided professional information and residential location will be used by VERITAS in the process of presenting you to clients as a potential resource for the client specific tasks. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.
6. TERMINATION
VERITAS may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
Upon your request to terminate service with VERITAS, your access to the Website and personal data related to you will be removed. Only records related to work performed will be retained on file, in case of Client enquiry.
7. CLAIMS
You agree to indemnify VERITAS from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by VERITAS or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of VERITAS).
8. FORCE MAJEURE
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control.
9. NOTICES
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by email, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
10. ASSIGNMENT
10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without VERITAS prior written consent.
10.2 VERITAS reserves the right to assign or transfer all or any of its rights and obligations under this Agreement. In the event of assignment or transfer, notification will either be given to you by email or posted on the Website.
11. NO WAIVER
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
12. SEVERABILITY
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
13. VARIATION OF TERMS
13.1 This Agreement constitutes the entire agreement between the parties in respect of its subject matter.
13.2 VERITAS reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by email or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the email or of posting on the home pages of the Website, whichever occurs later.
14. LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Emirate of Ras Al Khaimah and the applicable Federal laws of the United Arab Emirates. The Parties agree that the Courts of the Emirate of Ras Al Khaimah have the execlusive jurisduction for the purpose of resolving disputes between the Parties.
15. SPECIFIC SERVICE DELIVERY OBLIGATIONS
As a provider of technical services to Clients, via the VERITAS platform you hereby agree to the following service level commitments:
1. To maintain you Inspector profile with up to date reflection of equipment/work experience, qualifications gained on minimum 3 monthly basis.
2. To inform VERITAS if you want to be removed from our global database of available Technical Specialist, for proposal for client consideration.
3. To respond to VERITAS request for action (confirm interest in opportunity offers, rates and confirmation of accepting work) within same working day.
4. To offer best possible all-inclusive rate to undertake offered assignment to ensure your greatest chance of client acceptance.
5. To undertake assignment accepted and not cancel after acceptance.
6. To be at manufacturers facility at agreed time and for duration, departing early only if agreed with GRTS Inspect or client first.
7. To prepare for the assignment prior to arrival; on site, confirming all client documentation and instructions are read well in advance and confirm this understanding to VERITAS (or request clarification).
8. To abide by all national, local and manufacturer specific Health and Safety/HSE requirements, as well as any specific requirements of the location of work, as advised by the location management when registering your arrival, including the wearing of the appropriate Personal Protective Equipment required for the environment (boiler suit, hard hat, eye, hand and feet protection etc as relevant).
9. To present yourself as the Client inspector, being courteous, appropriately dressed, professional and interactive throughout the activity at the Manufacturers works.
10. To report any potential HSE violations seen on-site to local responsible persons and in the client report.
11.To advise others at the inspection location of potential hazards and your concerns at all times.
12. To stop work immediately, remove yourself from the proximity of the hazard, if you or others are potentially at risk of harm.
13. To inform VERITAS immediately of any delays issues or concerns, for onward advice to the client.
14.To never travel or work under the influence of alcohol nor non-medicated drugs and only medicated drugs if confirmed by your doctor that they will not impair your ability to travel and conduct work.
15. To complete the full scope of inspection as specified by the client and report clearly and concisely of any limitations or restrictions in completing the scope of activity to the client’s requested expectation.
16. To submit the completed inspection report and attachments to best of ability, accuracy and content detail, within 12 hours of completion of work or otherwise agreed with client and comply with any specific client request for Exit Call or Flash Reporting.
17. To respond immediately to VERITAS or client request for inspection report revision/clarification.