Last Reviewed: 15th August 2023 by William Mayor Next Review: 15th August 2024
1.1 These Terms and Conditions apply to all individuals and organisations who use, interact with or visit (“Users”) the Diversity and Ability Ltd, trading as AXS Passport, website (https://axs-passport.co), a company registered in the UK under registration number 07525234 and with registered address of Brighton Junction 1a Isetta Square, 35 New England Street, Brighton, East Sussex, United Kingdom, BN1 4GQ.
1.2 By using the AXS Passport website (“Site”) or app, collectively known as the platform (“Platform”), Users agree to be bound by these Terms and Conditions. For this reason, it is important that you take your time to read this document carefully.
1.3 Please note that these Terms and Conditions are governed by, and construed in accordance with, the laws of England and Wales. Users accessing the Platform from outside of the UK are solely responsible for complying with all local laws and regulations.
2.1 The Platform aims to allow you control over your accessibility requirements.
2.2 The Platform provides two primary functions: 1) the ability to create an accessibility passport (“Passport”) that can be shared with others; and 2) the ability to view Passports that have been shared in order to ensure appropriate accommodations are provided.
2.3 All Users of the platform can access both of these functions.
3. Creating an account:
3.1 An account must be created in order for a User to create a Passport through the Platform. However, Passports that have been shared may be viewed without an account.
3.2 To create an account, a User must provide an email address and create a password.
3.3 Once created, a verification email will be sent to the email address provided to authenticate the account.
4. Editing and updating Passports:
4.1 A Passport can be updated at any time. Any updates made to a Passport will automatically update a Passport that has already been shared.
4.2 Users are encouraged to keep Passport information up to date to ensure important information about accommodations are provided.
5. Creating your Passport:
5.1 Certain information will be required to create a Passport, this will include:
Accessibility requirements and needs.
5.2 Additional information may be added to the User’s profile. This information will be optional and not required.
5.3 When creating a Passport a User will be prompted to select accessibility requirements and needs using the filter tabs and search box.
5.4 Other features may also be available on the Platform including the ability to create more than one Passport for different purposes as needed.
5.5 When necessary a User may upload documentation to support accommodation needs. Documents may include medical evidence, assessment reports or DSA2 forms.
6. Sharing a Passport:
6.1 Passports may be shared using the following methods, other methods may also become available:
An email link;
An organisation invite; or
A public link.
6.2 Passports can be shared via email by providing the email address of the relevant individual or organisation contact and clicking the “share” button. The Passport can be shared to multiple emails addresses.
6.3 To ensure data privacy it is important that email addresses are checked carefully for accuracy before clicking “share”. A link to the Passport will then be emailed to the recipient.
6.4 If an organisation is a User of the Platform alternatively, you can be invited to visit an organisation’s invite page, where you can share your Passport with them directly. This page will be shared with you by the organisation.
6.6 A Passport can also be shared via public link. A public link may be used in the following ways:
A LinkedIn profile;
An email footer; and
A business card.
6.7 Access to view a Passport can be revoked at any time by clicking the “unshare” button. Other methods for terminating access may include customizable automatic expiration.
7. Viewing a Passport:
7.1 A User may gain access to view another User’s Passport by either:
An email link;
An organisation invite; or
A public link.
7.2 Where the Passport was shared through email or an organisation’s invite page, a User must have an account and be logged into the Platform to view the Passport.
7.3 Where a Passport is shared via a public link, a User does not need an account to view the Passport.
7.4 Users may view Passports and any associated attachments on the Platform but must not download, copy or replicate the associated attachments unless the User does so in a manner that is compliant with all legal and regulatory obligations, including the Data Protection Act 2018 (“DPA’18”) .
7.5 In order to protect User’s privacy, Passports should only be viewed by Users who have received an email link or invite on an organisation’s invite page and have a legitimate reason to view the Passport.
8. Acceptable use:
8.1 This Platform must only be used in compliance with these Terms and Conditions.
8.2 User’s must not utilise the Platform in a manner that is unlawful or fraudulent.
8.3 Sharing of Passports are entirely voluntary. Therefore, Users may not require other Users to share a Passport. If the User is being told a Passport is required, the User should report the User at firstname.lastname@example.org.
8.4 Users must not knowingly cause harm to the Platform by uploading, sending or in any way transmitting data that contains any form of virus or malware or any other code designed to adversely affect computer, hardware, software, or data of any kind.
8.5 Users must not knowingly cause any harm to any other Users of the Platform.
8.6 Users must not discriminate against or profile using the information provided in a Passport.
8.7 User’s must not upload additional documents to a Passport that do not support accessibility requirements.
9. Subscription and Payment Options for Organisations:
9.1 There is no charge for Users creating a Passport.
9.2 To utilise the Passport system as a centralised means of collecting and understanding the accessibility needs of individuals who interact with the organisations, organisational Users will need to pay a fee.
9.3 Fees will depend on factors such as the size of the organisation and the number of Passports that will be shared.
9.4 An organisational User will pay all subscription fees via an invoice. All payments are to be made no later than 14 days after receipt of the invoice.
9.5 Should payment not be received within 14 days, the organisations’s access to the Platform and ability to view Passports may be revoked. Access will only be reinstated when the User has paid any outstanding balance owed.
10.1 All content on the Platform, other than content provided by Users, including copyright or trademark material or other intellectual property, belongs to AXS Passport. Such content is protected by Intellectual Property laws and regulations and may not be copied, reproduced or used in any way without express permission from AXS Passport.
11.1 Users shall defend, indemnify and hold harmless AXS Passport against claims, actions or proceedings for losses, damages and costs, including court costs and reasonable legal fees, arising out of or in connection with use of the Platform by another User or 3rd party.
11.2 Best endeavors are used by AXS Passport to ensure the safety, security and accessibility of the Platform. However, AXS Passport cannot be held liable for any damages directly or indirectly resulting from the use of the Platform.
11.3 Nothing in these Terms and Conditions seeks to exclude or limits AXS Passport’s liability for death or personal injury caused by negligence, including negligent actions taken by employees, agents or sub-contractors, or for fraud or fraudulent misrepresentation by AXS Passport. Nor does it limit any liabilities otherwise required by law.
12. Third Party Sites:
12.1 Links to other sites may be included on the Platform. Unless expressly stated, these sites are not under AXS Passport’s control. AXS Passport neither assumes nor accepts responsibility or liability for the content of third-party sites. The inclusion of a link to another sites is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
13. Limitation of liability:
13.1 To the fullest extent permitted by law, Users agree that in no event will AXS Passport be liable to the User or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms and Conditions or the Service.
13.2 Access to, and use of, the Platform, products or third-party sites, and products are at the User’s own discretion and risk. User’s will be solely responsible for any damage to computer systems or mobile devices or loss of data resulting therefrom.
13.3 Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of AXS Passport arising out of or in any way related to these Terms and use of the Platform exceed £10,000,000 GBP.
14.1 Users who receive a Passport are obligated to only use the information contained within that Passport for a specific or limited purpose such as:
A job interview;
A long-term job;
Educational purposes; and
Short term event attendance.
14.2 AXS Passport disclaims any liability for any User accessing and viewing a Passport on the Platform without the permission of the Passport User or in violation of these Terms and Conditions or any legal or regulatory obligation of the User viewing the Passport.
15. Changes to the Terms and Conditions:
15.1 AXS Passport may alter these Terms and Conditions at any time. If AXS Passport decides to do so, any changes will become binding on all visitors on their first visit to the Platform after the changes have been made.
15.2 All visitors are therefore advised to check this page and read the Terms and Conditions regularly.
15.3 When substantive changes are made to the Terms and Conditions AXS Passport will endeavor to communicate the changes to all users via email.
16. Data Protection, Privacy and Cookies:
16.1 These Terms and Conditions have been drafted in line and in accordance with the DPA’18.
16.2 Use of this Platform is governed by AXS Passport’s Privacy Notice and Cookie Notice. These policies are incorporated into these Terms and Conditions by this reference.
17.1 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18. Law and Jurisdiction:
18.1 These Terms and Conditions and the relationship between AXS Passport and Users or visitors to the Platform (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
18.2 Any disputes concerning these Terms and Conditions, the relationship between Users, visitors and AXS Passport, or any matters arising therefrom or associated therewith (whether contractual or otherwise), shall be subject to the jurisdiction of the courts of England and Wales.