This Addendum applies only where the Customer is acting in the course of business and forms part of the agreement between My Check Call Limited (“My Check Call”) and the Customer.
Where this Addendum conflicts with the main Terms and Conditions, this Addendum shall prevail for business customers.
1. Alignment with HSE Lone Worker Guidance
1.1 The Customer acknowledges that the Health and Safety Executive (HSE) requires employers to identify, assess, and manage risks associated with lone working, including but not limited to risks arising from isolation, delayed assistance, fatigue, medical events, violence, or environmental hazards.
1.2 The Customer confirms that it has carried out, and will continue to maintain, appropriate and task-specific risk assessments for all lone working activities in accordance with HSE guidance and applicable health and safety legislation.
1.3 My Check Call provides a supportive welfare monitoring tool intended to assist with communication and escalation but does not replace or discharge the Customer’s legal obligations under health and safety law.
2. Employer Responsibility and Duty of Care
2.1 The Customer retains full responsibility for its statutory and common law duty of care towards its employees, contractors, agency staff, and any other individuals engaged in lone working activities.
2.2 The Customer acknowledges that compliance with HSE lone working guidance includes, but is not limited to:
- Adequate risk assessment
- Appropriate supervision and monitoring
- Clear procedures for emergency situations
- Suitable training and competency of lone workers
- Effective communication arrangements
2.3 Use of the Services does not transfer, delegate, or reduce any of the Customer’s obligations under the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, or associated HSE guidance.
3. Role and Limitations of the Services
3.1 The Customer acknowledges that My Check Call’s Services:
- Do not provide real-time supervision
- Do not monitor physical conditions, location, or wellbeing
- Do not guarantee detection of emergencies or incidents
- Do not replace on-site management or emergency services
3.2 The Services are intended to support reasonable contact and escalation arrangements as referenced within HSE lone working guidance, but are not designed to be the sole or primary control measure.
3.3 The Customer confirms that alternative safeguards and emergency arrangements remain in place independently of the Services.
4. Rostering, Planning, and Operational Control (HSE Alignment)
4.1 The Customer acknowledges that HSE guidance requires lone working arrangements to be planned, supervised, and monitored appropriately.
4.2 The Customer warrants that all rostering information supplied to My Check Call is accurate, authorised, and provided in sufficient time to allow effective monitoring.
4.3 Late, inaccurate, or last-minute rostering changes undermine effective supervision and are inconsistent with HSE guidance. Responsibility for any resulting failure or delay rests solely with the Customer.
4.4 My Check Call may refuse or suspend Services where rostering practices prevent effective or reasonable monitoring.
5. Substituted, Temporary, and Agency Workers
5.1 The Customer confirms that all individuals undertaking lone working activities, including temporary, relief, or agency workers, are:
- Included within the Customer’s risk assessments
- Properly briefed and trained
- Individually subscribed to the Services where used
5.2 The Customer accepts full responsibility for any incident involving unsubscribed individuals or individuals not adequately risk-assessed or inducted.
6. Indemnity (HSE-Related Claims)
6.1 The Customer shall indemnify and hold harmless My Check Call Limited against all claims, losses, liabilities, damages, and costs arising from:
- Failure to comply with HSE lone working guidance
- Inadequate or absent risk assessments
- Insufficient supervision or planning
- Breach of statutory health and safety obligations
6.2 This indemnity applies regardless of whether the Services were in use at the time of the incident.
7. Limitation of Liability (B2B – HSE Context)
7.1 To the fullest extent permitted by law, My Check Call excludes all warranties, representations, or guarantees that the Services ensure compliance with HSE guidance or prevent incidents.
7.2 Liability for indirect, consequential, or economic loss is excluded in full.
7.3 Total liability shall not exceed the fees paid in the three (3) months preceding the event giving rise to the claim.
8. No Reliance Statement
8.1 The Customer confirms that it does not rely on the Services as its sole or primary means of managing lone worker safety and that appropriate alternative safeguards remain in place.
9. Precedence
9.1 This Addendum applies automatically to all business customers and shall take precedence over any conflicting consumer-oriented provisions.