Terms of Service

These terms govern your use of Anchor Compliance, a confined space compliance platform operated by CCL Health and Safety ("CCL", "we", "us", "our") at www.anchorcompliance.ca. By creating an account or using the service you agree to them. If you are agreeing on behalf of an employer or other organisation, you confirm you have the authority to bind it, and "you" means that organisation.

If you do not agree to these terms, do not use Anchor Compliance.

The service

Anchor Compliance provides tools to record confined space hazard assessments and entry records, to route them to a competent person for sign-off, to publish signed documents at a shareable address, and to keep an audit trail of those actions. We may add, change, or withdraw features as the product develops.

Sign-off by a CCL competent person is a professional service. Where a CCL competent person reviews and signs your documents, that engagement and any fees for it are separate from these terms.

Your legal obligations

Anchor Compliance supports your compliance programme. It does not replace it, and it does not discharge any duty you owe under the Occupational Health and Safety Act, Ontario Regulation 632/05 (Confined Spaces), or any other legislation, regulation, standard, or code that applies to your workplace.

You remain responsible for identifying your confined spaces, for assessing hazards accurately, for the adequacy of your controls and rescue arrangements, for training and supervising your workers, for deciding whether an entry is safe, and for retaining records for the period the law requires. The accuracy and completeness of everything entered into the service is yours.

Nothing in the service or in these terms is legal advice. A document produced by Anchor Compliance is a record of what you entered and what was signed. It is not a determination that your workplace complies with any law, and it is not a substitute for the judgement of a competent person present at the space.

Accounts

You must provide accurate information when you register and keep it current. Access is granted through single-use links sent to your email address, so control of that mailbox is control of your account. Keep it secure, do not share access, and tell us promptly if you believe your account has been used without authorisation.

You are responsible for everything done through your account and through accounts you invite to your facility, including what your team members record and who they share document links with. When someone leaves your organisation, it is your responsibility to tell us so their access can be removed.

You must have a proper basis for entering another person's information into the service, and you are responsible for meeting your own privacy obligations to your workers. Our Privacy Policy explains how we handle it.

Acceptable use

You agree not to:

• Use the service for any unlawful purpose, or in breach of any regulation that applies to your work
• Enter information you know to be false, or backdate, falsify, or misrepresent a record, a reading, a signature, or an approval
• Sign a document as a competent person when you are not the person named, or apply another person's signature without their authority
• Attempt to access another organisation's facility, records, or account, or any part of the service you have not been granted access to
• Probe, scan, or test the security of the service, interfere with its operation, or attempt to circumvent any access control or usage limit
• Scrape, harvest, or bulk-download content, or use automated means to access the service other than as we permit
• Copy, resell, sublicense, or make the service available to a third party as a service of your own
• Reverse engineer or attempt to derive the source code of the service, except where that restriction is prohibited by law
• Upload malicious code, or any content that infringes another party's rights

Falsifying a confined space record is a serious matter. We may suspend or terminate access where we reasonably believe these terms have been breached.

Your content

You keep ownership of everything you enter into the service. You grant CCL the rights needed to host, process, reproduce, and display it in order to provide the service to you, including rendering it into documents and exports and making approved documents available at a shareable address as described in the Privacy Policy.

You are responsible for keeping your own copies of records you are required to retain. The service provides PDF exports for this purpose, and you should not rely on Anchor Compliance as your only copy of a compliance record.

Availability

We work to keep the service available and reliable, but we provide it on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, error-free, or free of defects, and access may be unavailable during maintenance, during a failure at one of our providers, or for reasons outside our control.

Do not make an entry decision conditional on the service being reachable. Your safe work procedures must function without it.

Fees

Where a paid plan applies to your account, the fees, billing period, and payment terms are those we agree with you in writing. Unless we state otherwise, fees exclude applicable taxes. Where the service is provided to you at no charge, we may begin charging for it on reasonable notice.

Suspension and termination

You may stop using the service at any time and ask us to close your account. We may suspend or terminate access if you breach these terms, if your use puts the service or another customer at risk, or if we are required to do so by law.

Before closing an account, export the records you need. After termination we handle any remaining information as described in the Privacy Policy, including where we are required to retain it. Provisions that by their nature should survive termination, such as those on your content, liability, and governing law, will do so.

Limitation of liability

To the fullest extent permitted by law, CCL is not liable for any indirect, incidental, special, consequential, exemplary, or punitive loss, or for any loss of profit, revenue, business, goodwill, anticipated saving, or data, arising out of or in connection with your use of the service, whether in contract, tort including negligence, or otherwise, and whether or not we were advised of the possibility.

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with the service is limited to the greater of the amount you paid CCL for the service in the twelve months before the event giving rise to the claim, or one hundred Canadian dollars.

We are not liable for any injury, loss, penalty, fine, prosecution, or regulatory finding arising from a confined space entry, from a decision you made, from the accuracy of information you entered, from your compliance programme, or from your reliance on the service in place of the judgement of a competent person.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

Indemnity

You agree to indemnify CCL against claims, losses, and reasonable costs arising from your use of the service in breach of these terms, from information you entered, or from your failure to meet a legal obligation that is yours.

Changes to these terms

We may update these terms as the product and our obligations change. When we do, we will revise the date at the top of this page, and we will tell account holders directly where a change materially affects them. Continuing to use Anchor Compliance after a change takes effect means you accept the updated terms. If you do not accept them, stop using the service and ask us to close your account.

Governing law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario have exclusive jurisdiction over any dispute arising from them, and you submit to that jurisdiction.

If any provision is found unenforceable, the rest remain in effect. Our not enforcing a provision is not a waiver of it.

Contact us

For any question about these terms, contact CCL Health and Safety:

CCL Health and Safety
Waterloo, Ontario, Canada
Email: info@ontariohealthandsafety.com
Phone: (519) 998-2584