TERMS OF USE FOR VICTIM SURVIVORS

These terms of use (“Terms”) apply to use of TrustVault, the Services and the Documentation by Victim Survivors (as defined below). If you are from a Support Organisation, we have different terms which apply to you and which you can find on the trustvault.uk website (for Support Organisations). 

Glossary

In these Terms:

“App” refers to the TrustVault application for mobile devices.

“Documentation” means any documentation we provide to you, via the App, Website or otherwise.

“Services” means, in these Terms, any services we provide to Victim Survivors via the App, Website or otherwise.

“Support Organisation” means an employer or an organisation such as a charity, healthcare, legal or social care role.

“Tanzco” “we” “our” or “us”, refers to Tanzco Limited, a company registered in England & Wales. You can contact us by e-mail (support@trustvault.zendesk.com) or by post (The Coach House, Greys Green Business Centre, Henley-On-Thames, Oxfordshire, England, RG9 4QG).

“TrustVault” means the App and the Website.

“TrustVault Features” refers, in these Terms, to the features and functions which the TrustVault App or Website enables Victim Survivors to use.

“Victim Survivor” means a person accessing TrustVault for personal purposes who lives in the United Kingdom and is over the age of 18. 

“Website” means the TrustVault website and all subpages at https://www.trustvault.uk.

“Your Content” means data or information which you upload to TrustVault, for example, files, recordings, screenshots, voice notes, and messages you send.


When these Terms apply

By using the App or Website, you agree to these Terms.


These Terms permit use of TrustVault, the Services and the Documentation by adult Victim Survivors in the United Kingdom

These Terms permit use of TrustVault by Victim Survivors. These Terms also apply to the receipt of Services and use of Documentation by Victim Survivors.

If you are a Support Organisation, or work for one, separate terms apply to your use of TrustVault which you can find on the trustvault.uk website. 

If you are the police or work for the police, separate terms apply to your use of TrustVault. 

TrustVault, the Services and the Documentation are not intended for use by persons under the age of 18, persons based outside of the United Kingdom or business users who are not Support Organisations. If you are under the age of 18 or based outside of the United Kingdom, you must stop using TrustVault, the Services and the Documentation and delete your account and App, as you are not permitted to use them.

These Terms do not permit any business or commercial use of TrustVault, the Services or the Documentation by any person, company or other legal entity.


TrustVault is free to use for Victim Survivors 

If you are a Victim Survivor with permission under these Terms, you do not need to pay to use TrustVault, the Services or the Documentation, however you are only permitted to use TrustVault, the Services and the Documentation in accordance with these Terms.

TrustVault is not for use in emergencies

TrustVault, the Services and the Documentation are not intended to help any person in an emergency. If you are in danger, dial 999 and speak to the emergency services.

Please take care when using TrustVault

When accessing TrustVault, the Services and the Documentation, please be aware of your surroundings, and only use TrustVault, the Services and the Documentation when it is safe for you to do so.

Please take care with your login details

Please do not share your login details with anyone who may misuse them or do harm to any person, Tanzco, TrustVault or the Services.

Please provide us with accurate information

Please keep your contact details and other information up to date so that we can contact you. 

Your right to cancel, and access to Your Content following cancellation

Victim Survivors can cancel use of TrustVault, the Services and the Documentation at any time. You can do this via the settings in TrustVault (within the App). 

Using TrustVault and accessing Your Content after cancellation

We will allow you to use TrustVault and access Your Content for ninety (90) days after you tell us you want to cancel, after which time your account will become unavailable. Our Privacy Notice sets out our data retention policies relating to Your Content. 

TrustVault Features 

TrustVault Features allow you to communicate and share Your Content with Support Organisations (see Support Organisations below). The main TrustVault Features include:

  • Messaging functionality.

  • Documenting and accessing information relating to incidents of domestic violence.

  • Financial support.

  • Sharing My Story.

Further information on TrustVault, the Services and the Documentation is detailed on our Website.

Using TrustVault requires a compatible device and operating system (e.g. iOS or Android) and a reliable connection to the internet. You can find out more about compatibility in our Documentation and on our Website.


The police and Support Organisations

TrustVault Features include functionality that will allow you to share Your Content with the police and/or Support Organisations. However, it is your decision whether and when to share Your Content with the police and/or Support Organisations. You can only interact with the police forces and Support Organisations who have been registered with Tanzco and are listed on TrustVault. 

Tanzco will provide you with a unique victim survivor code. If you share this code with the police or other organisation registered with us, it will allow them to retrieve Your Content, as further described in our Privacy Notice. 

You can find out more information about how we work with the police and Support Organisations, within TrustVault here;

https://www.trustvault.uk/support-services

https://www.trustvault.uk/police 

https://www.trustvault.uk/employers 


Your privacy 

We will treat Your Content as your private and confidential information. We will not disclose it to anyone without your permission, except as follows:

  • We will only share information with the police and/or Support Organisations if you instruct us to do so, via TrustVault Features.

  • If we are required to disclose Your Content by law, for example, disclosure to a court, a regulator, or the police. If the law allows, we will provide prior notice to you, so that you can decide whether to take any legal steps in relation to the disclosure. 

We will process Your Content and other personal information in accordance with our Privacy Notice.


Tanzco is not responsible for the police or Support Organisations

While Tanzco agrees to provide TrustVault, the Services and the Documentation to you in accordance with these Terms, Tanzco does not accept any legal or other responsibility to you for how the police and/or Support Organisations choose to use TrustVault, the Services or the Documentation. 

Tanzco also does not accept any liability or responsibility for your relationships or interactions with the police and/or Support Organisations generally. 

The decision to share Your Content with the police and/or Support Organisations or otherwise communicate with them is the responsibility of each Victim Survivor.

TrustVault Features allow you to stop the police from continuing to access Your Content on TrustVault, but we have no control over, and are unable to supervise, what they may do with Your Content they have accessed previously. It is your responsibility to decide when to use these TrustVault Features. 

We also do not manage disputes or complaints with the police or Support Organisations. If you encounter problems with Support Organisations, you should address this with them directly and, if necessary, contact the police. 


Our rights to stop your use of TrustVault

We may cancel the use of TrustVault, the Services and/or Documentation by a Victim Survivor on ninety (90) days’ notice, for any reason. We will enable you to download Your Content during the cancellation period.

If you are a Victim Survivor, we may suspend your use of TrustVault, the Services and Documentation immediately if:

  • we believe this step is reasonable to protect the integrity, confidentiality, availability, security, or safety of TrustVault, the Services and/or the Documentation, including Your Content;

  • we believe this step is reasonable to protect the safety and well-being of any person, or to comply with laws; or

  • if we believe there has been a serious breach of these Terms by a Victim Survivor.

If we cannot resolve these problems, we may subsequently cancel use of TrustVault, the Services and/or the Documentation by a Victim Survivor on thirty (30) days’ notice, whilst leaving the suspension in place. We will take reasonable steps to provide Your Content to you if we can do so without defeating the purpose of the suspension or cancellation.


Support for TrustVault and how to tell us about problems

If you want to learn more about TrustVault or the Services or have any problems using them, please look at our support resources on our Website. 


Contacting us (including with complaints)

If you think TrustVault or the Services are faulty or misdescribed or wish to contact us for any other reason please contact our customer service team:

By email: support@trustvault.zendesk.com

By post: The Coach House, Greys Green Business Centre, Henley-On-Thames, Oxfordshire, England, RG9 4QG.


How we will communicate with Victim Survivors

If we must contact you we will do so by sending you a notification within the App.


TrustVault may not always be available

Tanzco does not guarantee that TrustVault or the Services or the Documentation will always be available. Your use of them may be interrupted due to planned and unplanned events or reasons. 

Like any technology, we may need to make TrustVault, the Services and/or the Documentation, and TrustVault Features, unavailable for periods of time for technical, operational, business, security, or financial reasons, or because of the acts or omissions of third parties.

Where unavailability is planned, we will provide you with reasonable advance notice. Where unavailability is unplanned, we will take reasonable steps to keep you informed (so long as the unavailability does not prevent us from doing so).

Tanzco reserves the right to stop making TrustVault available on a temporary or permanent basis. We will provide existing Victim Survivor users with notice in accordance with these Terms. We are not obliged to provide notice to other persons or users under these Terms.


How Victim Survivors may use TrustVault, including how many devices they may use it on

In return for agreeing to comply with these Terms, if you are a Victim Survivor you may:

  • download and install a copy of the App onto compatible Android or iOS devices; 

  • view and use TrustVault on such devices for personal purposes only;

  • use the Documentation to support your permitted use of TrustVault and the Services;

  • provided you comply with these Terms, make up to two (2) copies of the App for back-up purposes; and

  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.


You may not transfer TrustVault to someone else

These Terms grant Victim Survivors who are over the age of 18 and based in the United Kingdom the personal right to use TrustVault, the Services and the Documentation, as set out in these Terms. You are not allowed to transfer your account or use of TrustVault, the Services or the Documentation to someone else, whether for money, for anything else or for free, without our written consent. If you sell a device on which the App is installed, please remove the App and any saved logins for TrustVault beforehand.


Acceptable use restrictions

You must: 

  • not use TrustVault, the Services or the Documentation in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms; 

  • not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into TrustVault, any Service or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of TrustVault, the Services or the Documentation including by the submission of any material;

  • not transmit any material in a way that is defamatory, offensive, or otherwise objectionable in relation to your use of TrustVault, the Services or the Documentation;

  • not use TrustVault, the Services or the Documentation in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

  • not collect or harvest any information or data from TrustVault, the Services or the Documentation or our systems or attempt to decipher any transmissions to or from the servers used to provide TrustVault or any Services.


Changes to these Terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional functionality which we introduce, or in response to the developing needs of Victim Survivors, the police or Support Organisations.

We will give you at least thirty (30) days' notice of any change by sending you a notification within the App with details of the change or notifying you of a change when you next use or login to TrustVault. 

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms until the end of the 30 day period, after which we may remove your use of TrustVault thirty (30) days after this date, to the extent we decide we cannot continue to support your use on the old terms. 


Update to TrustVault and changes to the Services and the Documentation

From time to time we may automatically update TrustVault and/or change the Services and the Documentation for any reason, including (but not limited to) to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. We will provide reasonable prior notice.

If we decide to reduce the level of functionality of TrustVault or the Services and the Documentation, we will provide you with reasonable prior notice.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using TrustVault. 

The App will always work with the current or previous version of the operating system and match the description of it provided to you when you downloaded it.

If you are unhappy with any change to TrustVault, the Services or the Documentation, you may cancel in accordance with these Terms.


If someone else owns the phone or device you are using

If you download or access TrustVault using any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.


We are not responsible for other websites you visit as a result of using links on TrustVault, the Services or the Documentation

TrustVault, the Services and the Documentation may contain links to other independent websites not provided by Tanzco. This may include Support Organisations or other third party links. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.


App Store terms

The ways in which you can use the App, the Services and/or the Documentation may also be controlled by the rules and policies of the app marketplace from which you downloaded the App – for example, the Apple App Store or Google Play. 

Please review those terms separately. They set out important rights and obligations between you and the applicable app marketplace. 

We may update these Terms in future to the extent needed to comply with applicable app marketplace terms.


Limits on what you can do with TrustVault

If you are a Victim Survivor whose use is permitted by these Terms, you agree that you will not:

  • rent, lease, sub-license, loan, provide, or otherwise make available, TrustVault, the Services or the Documentation in any form, in whole or in part to any person without prior written consent from us;

  • copy TrustVault, the Services or the Documentation, except as part of the normal use of TrustVault under these Terms, or where it is necessary for the purpose of back-up or operational security;

  • translate, merge, adapt, vary, alter or modify, the whole or any part of TrustVault, the Services or the Documentation, nor permit TrustVault, the Services or the Documentation or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use TrustVault, the Services and the Documentation on devices as permitted within these Terms; and

  • disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of TrustVault except where explicitly permitted under the UK Copyright, Design and Patents Act 1988, and you acknowledge you are not permitted to decompile TrustVault to create software which is substantially similar in its expression to TrustVault or do any acts restricted by applicable copyright laws. 


Tanzco’s ownership of TrustVault, the Services and the Documentation

TrustVault, the Services and the Documentation are owned by Tanzco and its licensors. Tanzco and its licensors own all intellectual property rights in TrustVault, the Services and the Documentation. You do not acquire or have any intellectual property rights in, or to, TrustVault, the Services or the Documentation. Your rights are limited to the use of TrustVault, the Services and the Documentation in accordance with these Terms.


OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY VICTIM SURVIVORS WHO ARE PERMITTED USERS UNDER THESE TERMS

In this section, when we refer to a permitted Victim Survivor we refer to Victim Survivors who are permitted to use TrustVault, the Services and/or Documentation under these Terms. 


We are responsible to Victim Survivors for foreseeable loss and damage caused by us

If we fail to comply with these Terms or are under a duty to use reasonable care and skill with a permitted Victim Survivor, we are responsible for loss or damage suffered by that permitted Victim Survivor that is a foreseeable result of our breaking these Terms or our failing to use such reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.


We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.


When we are liable for damage to your property 

If defective digital content that we have supplied damages a device or digital content belonging to a permitted Victim Survivor, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We will not be liable for damage that you cause by using TrustVault, the Services or the Documentation in a way which contravenes these Terms or our Documentation.


We are not liable for business losses

TrustVault is for domestic and private use. If you are using TrustVault, the Services or the Documentation, whether as a permitted Victim Survivor or in another capacity, you agree that Tanzco will not be liable for any type or amount of foreseeable or other commercial or business loss which you suffer in relation to TrustVault, the Services and/or the Documentation, however such loss may arise (whether it arises under these Terms or under common law or statute, even where such loss arises because we have breached these Terms, or failed to use reasonable care and skill). If you are the police, or a Support Organisation, any exceptions to this principle will only be valid to the extent that they are set out in any agreement or terms in place between you and Tanzco.


We are not liable to any person or entity that is not a permitted Victim Survivor

We do not accept any liability to persons, companies or entities who are not permitted Victim Survivors. If you are not a permitted Victim Survivor under these Terms, we do not accept any liability to you for any type or amount of foreseeable or unforeseeable loss which you suffer, however such loss may arise (whether it arises under these Terms or under common law or statute, even where such loss arises because we have breached these Terms, or failed to use reasonable care and skill). If you are the police, or a Support Organisation, any exceptions to this principle will only be valid to the extent that they are set out in any agreement or terms in place between you and Tanzco.


Limitations to TrustVault

Whoever you are, using TrustVault, the Services or the Documentation does not guarantee any outcome or result in relation to your situation. Tanzco, TrustVault, the Services and the Documentation do not offer you advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from Tanzco or in relation to TrustVault, the Services and/or the Documentation. Although Tanzco makes reasonable efforts to update the information provided via TrustVault, the Services and the Documentation, we do not make a legally binding commitment, whether express or implied, that such information is accurate, complete, or up to date.


Please back-up content and data used with TrustVault

We recommend that you back up any content and data used in connection with TrustVault, to protect yourself in case of problems with TrustVault or the Services.


Check that TrustVault and the Services are suitable for you

TrustVault and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of TrustVault and the Services (as described on the applicable app marketplace and in the Documentation) meet your requirements.


We are not responsible for events outside our control

If our provision of TrustVault or the Services or support for TrustVault is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.


Viruses

While Tanzco use reasonable endeavours to ensure that TrustVault does not contain or disseminate any viruses or material which is malicious or technologically harmful, we do not control the applicable app marketplace, your device or all data you receive and so Tanzco does not guarantee that TrustVault will always be free from bugs, viruses or malicious code. If TrustVault becomes infected by bugs, viruses or malicious code, or is hacked, and this could not have been prevented by Tanzco complying with its legal obligations to you, Tanzco will not be liable for any loss or damage caused by bugs, viruses or malicious code or cyber breach. You can take steps to protect yourself from such risks by installing anti-virus software from reputable companies and sources.


We may stop your rights to use TrustVault if you break these Terms

We may stop your rights to use TrustVault, the Services and the Documentation at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we stop your rights to use TrustVault, the Services and the Documentation:

  • You must stop all activities authorised by these Terms, including your use of TrustVault, and any Services and Documentation;

  • You must delete or remove TrustVault from all devices in your possession and immediately destroy all copies of TrustVault which you have and confirm to us that you have done this; and 

  • We will cease providing TrustVault, the Services and the Documentation to you.


We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another person or organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. 


You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.


No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.

If a court finds part of these Terms illegal, the rest will continue in force.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


Even if we delay in enforcing these Terms, we can still enforce later

Even if we delay in enforcing these Terms, we can still enforce these Terms later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


Which laws apply to these Terms and where you may bring legal proceedings

These Terms are governed by English law and you can bring legal proceedings in respect of these Terms, TrustVault, the Services or the Documentation in the English courts. 

If you live in Scotland you can bring legal proceedings in respect of these Terms, TrustVault, the Services or the Documentation in either the Scottish or the English courts. 

If you live in Northern Ireland you can bring legal proceedings in respect of these Terms, TrustVault, the Services or the Documentation in either the Northern Irish or the English courts.


Information about Tanzco

Tanzco is a company registered in England & Wales. You can contact us:

By email: support@trustvault.zendesk.com.

By post: The Coach House, Greys Green Business Centre, Henley-On-Thames, Oxfordshire, England, RG9 4QG.