Terms & conditions

These Terms & Conditions (“Terms”) govern access to and use of fit2trade.com and, to the extent not covered by another written agreement, Fit2Trade online services and applications (together, the “Services”).

If you or your organisation has entered into a master services agreement, order form, statement of work, data processing agreement or other written customer agreement with Fit2Trade (a “Customer Agreement”), that Customer Agreement governs the paid Services and takes precedence over these Terms if there is any conflict. These Terms do not amend a Customer Agreement.

By using the website or Services, you agree to these Terms. If you are using Fit2Trade on behalf of an organisation, you confirm that you are authorised to do so.

Fit2Trade provides software and related services for learning, safety, compliance, operational standards, communications, licence and document control, contractor compliance and associated workplace processes. The modules, features, implementation scope and support purchased by a customer are those set out in the applicable Customer Agreement.

Information on this website is general information about Fit2Trade. Website descriptions, demonstrations and pricing information do not expand or replace the scope, specifications or commitments in a Customer Agreement.

Where an account is required, users must provide accurate information, keep login credentials secure and use the account only for authorised business purposes. Accounts are personal to the authorised user unless Fit2Trade expressly supports another access method.

You must promptly report suspected unauthorised access or misuse to Fit2Trade. Customer administrators are responsible for assigning appropriate access within their organisation and for notifying Fit2Trade when access should be changed or removed where this cannot be managed directly by the customer.

You must not use the website or Services unlawfully, fraudulently or in a way that infringes the rights of others. You must not attempt to gain unauthorised access, interfere with service operation, introduce malicious code, circumvent security controls, scrape or probe the Services without permission, or reverse engineer the Services except where applicable law expressly permits it.

You must not upload or use content that you do not have the right to use, or use Fit2Trade to transmit unlawful, defamatory, infringing, abusive or malicious material.

Fit2Trade is a technology platform and does not replace competent professional advice, statutory duties, internal governance or management judgement. Customers remain responsible for their workplace arrangements, policies, risk decisions, legal and regulatory compliance, training requirements, records, approvals and actions taken using information in the Services.

Customers are responsible for ensuring that data and instructions supplied to Fit2Trade are lawful, accurate where required for the relevant purpose, and appropriate for the way the Services are configured and used.

As between Fit2Trade and the customer, the customer retains its rights in data submitted to the Services (“Customer Data”). Fit2Trade may access and process Customer Data only as necessary to provide, secure, maintain and support the Services, to comply with the Customer Agreement and applicable law, or as otherwise instructed or permitted by the customer.

Where Fit2Trade processes personal data on behalf of a customer, the parties’ data-protection obligations are governed by the applicable Customer Agreement and Data Processing Agreement. Our Privacy Policy explains how Fit2Trade processes personal data for its own business purposes.

Confidentiality obligations agreed in a Customer Agreement take precedence. Where no separate confidentiality terms apply, each party should protect non-public business, technical and commercial information received from the other and use it only for the purpose for which it was disclosed, except where disclosure is authorised or required by law.

Fit2Trade and its licensors retain all rights in the website, Services, software, interfaces, designs, documentation, course materials, branding and other Fit2Trade materials, except for Customer Data and third-party materials.

Subject to the applicable Customer Agreement, Fit2Trade grants authorised users a limited, non-exclusive, non-transferable right to use the Services for the customer’s internal business purposes during the authorised service period. No ownership in Fit2Trade intellectual property is transferred.

The Services may interoperate with or rely on third-party services. Fit2Trade is not responsible for third-party websites or services that are outside our control, and separate third-party terms may apply to them. Our current subprocessor information is available on the Subprocessors page.

Fees, billing frequency, minimum commitments, implementation charges, payment dates, renewal terms and applicable taxes are governed by the relevant quote, order form or Customer Agreement. Public pricing pages are for general commercial information and do not override an agreed price or contract.

If there is a conflict between website pricing and a signed Customer Agreement, the Customer Agreement prevails.

Fit2Trade may maintain, update and improve the website and Services and may change features where reasonably necessary for security, legal, technical or product reasons. Any committed service levels, support response times, maintenance arrangements or material-change provisions are those in the applicable Customer Agreement.

We do not promise that the public website will always be uninterrupted, error-free or available, and planned or emergency maintenance may affect availability.

Fit2Trade may restrict or suspend access where reasonably necessary to protect the security or integrity of the Services, prevent unlawful or unauthorised use, respond to a material breach, comply with law, or exercise rights under a Customer Agreement. Where practical and appropriate, we will work with the customer to resolve the issue.

Termination and post-termination rights for paid Services, including data return or deletion, are governed by the Customer Agreement and Data Processing Agreement.

The website is provided for general information. While we take reasonable care with published information, Fit2Trade does not warrant that all website content is complete, current or suitable for a particular purpose.

Any warranties or service commitments relating to paid Services are governed by the Customer Agreement. Nothing in these Terms limits rights or remedies that cannot lawfully be limited or excluded.

Liability for paid Services is governed by the applicable Customer Agreement and that agreement takes precedence over this section.

For use of the public website or any Fit2Trade material not governed by a Customer Agreement, and to the maximum extent permitted by law, Fit2Trade is not liable for indirect or consequential loss, loss of profits, revenue, business opportunity or goodwill arising from reliance on or use of the website. Nothing in these Terms excludes or limits liability where doing so would be unlawful.

We may update these Terms to reflect changes to the website, Services, law or business practices. The current version will be published here with its “Last updated” date. Changes to a signed Customer Agreement require the process set out in that agreement and are not made merely by updating this webpage.

Unless a Customer Agreement states otherwise, these Terms and non-contractual matters arising from them are governed by the laws of Ireland and the courts of Ireland have jurisdiction, subject to any rights that applicable law requires to be dealt with elsewhere.

Questions about these Terms can be sent to info@fit2trade.com or to Fit2Trade Ltd, 32 Fitzwilliam Street Upper, Dublin 2, Ireland.