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\nWebsite Terms and Conditions of Use
\n1. About the Website
\n1.1. Welcome to www.appliedsafety.com.au (the 'Website'). The Website occupational safety and health consultancy (the 'Services').
\n1.2. The Website is operated by Applied Safety & Risk Management PTY. LTD. (ABN 32 868 289 v826). Access to and use of the Website, or any of its associated Products or Services, is provided by Applied Safety & Risk Management. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
\n1.3. Applied Safety & Risk Management reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Applied Safety & Risk Management updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
\n2. Acceptance of the Terms
\nYou accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Applied Safety & Risk Management in the user interface.
\n3. Registration to use the Services
\n3.1. In order to access the Services, you must first register for an account through the Website (the 'Account').
\n3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
\n(a) an email address
\n(b) preferred username
\n(c) a telephone number
\n3.3. You warrant that any information you give to Applied Safety & Risk Management in the course of completing the registration process will always be accurate, correct and up to date.
\n3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
\n3.5. You may not use the Services and may not accept the Terms if:
\n(a) you are not of legal age to form a binding contract with Applied Safety & Risk Management; or
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\n(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
\n4. Your obligations as a Member
\n4.1. As a Member, you agree to comply with the following:
\n(a) you will use the Services only for purposes that are permitted by:
\n(i) the Terms; and
\n(ii) any applicable law, regulation or generally accepted practices or
\nguidelines in the relevant jurisdictions;
\n(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person
\nmay result in the immediate cancellation of the Services;
\n(c) any use of your registration information by any other person, or third
\nparties, is strictly prohibited. You agree to immediately notify Applied Safety
\n& Risk Management of any unauthorised use of your password or email
\naddress or any breach of security of which you have become aware;
\n(d) access and use of the Website is limited, non-transferable and allows for
\nthe sole use of the Website by you for the purposes of Applied Safety &
\nRisk Management providing the Services;
\n(e) you will not use the Services or the Website in connection with any
\ncommercial endeavours except those that are specifically endorsed or
\napproved by the management of Applied Safety & Risk Management;
\n(f) you will not use the Services or Website for any illegal and/or unauthorised
\nuse which includes collecting email addresses of Members by electronic or
\nother means for the purpose of sending unsolicited email or unauthorised
\nframing of or linking to the Website;
\n(g) you agree that commercial advertisements, affiliate links, and other forms
\nof solicitation may be removed from the Website without notice and may
\nresult in termination of the Services. Appropriate legal action will be taken
\nby Applied Safety & Risk Management for any illegal or unauthorised use of
\nthe Website; and
\n(h) you acknowledge and agree that any automated use of the Website or its
\nServices is prohibited.
\n5. Payment
\n5.1. Where the option is given to you, you may make payment for the Services (the
\n'Services Fee') by way of:
\n(a) Electronic funds transfer ('EFT') into our nominated bank account
\n(b) Credit Card Payment ('Credit Card')
\n(c) PayPal Australia Pty Limited (ABN 93 111 195 389) ('PayPal')
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\n5.2. All payments made in the course of your use of the Services are made using
\nPaypal Australia Pty Limited (ABN 93 111 195 389) ('PayPal'). In using the
\nWebsite, the Services or when making any payment in relation to your use of the
\nServices, you warrant that you have read, understood and agree to be bound by
\nthe Paypal terms and conditions which are available on their website.
\n5.3. You acknowledge and agree that where a request for the payment of the
\nServices Fee is returned or denied, for whatever reason, by your financial
\ninstitution or is unpaid by you for any other reason, then you are liable for any
\ncosts, including banking fees and charges, associated with the Services Fee.
\n5.4. You agree and acknowledge that Applied Safety & Risk Management can vary
\nthe Services Fee at any time.
\n6. Refund Policy
\nApplied Safety & Risk Management will only provide you with a refund of the Services
\nFee in the event they are unable to continue to provide the Services or if the manager
\nof Applied Safety & Risk Management makes a decision, at its absolute discretion, that
\nit is reasonable to do so under the circumstances (the 'Refund').
\n7. Copyright and Intellectual Property
\n7.1. The Website, the Services and all of the related products of Applied Safety &
\nRisk Management are subject to copyright. The material on the Website is
\nprotected by copyright under the laws of Australia and through international
\ntreaties. Unless otherwise indicated, all rights (including copyright) in the
\nServices and compilation of the Website (including but not limited to text,
\ngraphics, logos, button icons, video images, audio clips, Website, code, scripts,
\ndesign elements and interactive features) or the Services are owned or controlled
\nfor these purposes, and are reserved by Applied Safety & Risk Management or
\nits contributors.
\n7.2. All trademarks, service marks and trade names are owned, registered and/or
\nlicensed by Applied Safety & Risk Management, who grants to you a worldwide,
\nnon-exclusive, royalty-free, revocable license whilst you are a Member to:
\n(a) use the Website pursuant to the Terms;
\n(b) copy and store the Website and the material contained in the Website in
\nyour device's cache memory; and
\n(c) print pages from the Website for your own personal and non-commercial
\nuse.
\nApplied Safety & Risk Management does not grant you any other rights
\nwhatsoever in relation to the Website or the Services. All other rights are
\nexpressly reserved by Applied Safety & Risk Management.
\n7.3. Applied Safety & Risk Management retains all rights, title and interest in and to
\nthe Website and all related Services. Nothing you do on or in relation to the
\nWebsite will transfer any:
\n(a) business name, trading name, domain name, trade mark, industrial design,
\npatent, registered design or copyright, or
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\n(b) a right to use or exploit a business name, trading name, domain name,
\ntrade mark or industrial design, or
\n(c) a thing, system or process that is the subject of a patent, registered design
\nor copyright (or an adaptation or modification of such a thing, system or
\nprocess),
\nto you.
\n7.4. You may not, without the prior written permission of Applied Safety & Risk
\nManagement and the permission of any other relevant rights owners: broadcast,
\nrepublish, up-load to a third party, transmit, post, distribute, show or play in
\npublic, adapt or change in any way the Services or third party Services for any
\npurpose, unless otherwise provided by these Terms. This prohibition does not
\nextend to materials on the Website which are freely available for re-use or are in
\nthe public domain.
\n8. Privacy
\n8.1. Applied Safety & Risk Management takes your privacy seriously and any
\ninformation provided through your use of the Website and/or Services are subject
\nto Applied Safety & Risk Management's Privacy Policy, which is available on the
\nWebsite.
\n9. General Disclaimer
\n9.1. Nothing in the Terms limits or excludes any guarantees, warranties,
\nrepresentations or conditions implied or imposed by law, including the Australian
\nConsumer Law (or any liability under them) which by law may not be limited or
\nexcluded.
\n9.2. Subject to this clause, and to the extent permitted by law:
\n(a) all terms, guarantees, warranties, representations or conditions which are
\nnot expressly stated in the Terms are excluded; and
\n(b) Applied Safety & Risk Management will not be liable for any special,
\nindirect or consequential loss or damage (unless such loss or damage is
\nreasonably foreseeable resulting from our failure to meet an applicable
\nConsumer Guarantee), loss of profit or opportunity, or damage to goodwill
\narising out of or in connection with the Services or these Terms (including
\nas a result of not being able to use the Services or the late supply of the
\nServices), whether at common law, under contract, tort (including
\nnegligence), in equity, pursuant to statute or otherwise.
\n9.3. Use of the Website and the Services is at your own risk. Everything on the
\nWebsite and the Services is provided to you "as is" and "as available" without
\nwarranty or condition of any kind. None of the affiliates, directors, officers,
\nemployees, agents, contributors and licensors of Applied Safety & Risk
\nManagement make any express or implied representation or warranty about the
\nServices or any products or Services (including the products or Services of
\nApplied Safety & Risk Management) referred to on the Website. This includes
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\n(but is not restricted to) loss or damage you might suffer as a result of any of the
\nfollowing:
\n(a) failure of performance, error, omission, interruption, deletion, defect, failure
\nto correct defects, delay in operation or transmission, computer virus or
\nother harmful component, loss of data, communication line failure, unlawful
\nthird party conduct, or theft, destruction, alteration or unauthorised access
\nto records;
\n(b) the accuracy, suitability or currency of any information on the Website, the
\nServices, or any of its Services related products (including third party
\nmaterial and advertisements on the Website);
\n(c) costs incurred as a result of you using the Website, the Services or any of
\nthe products of Applied Safety & Risk Management; and
\n(d) the Services or operation in respect to links which are provided for your
\nconvenience.
\n10. Limitation of liability
\n10.1. Applied Safety & Risk Management's total liability arising out of or in connection
\nwith the Services or these Terms, however arising, including under contract, tort
\n(including negligence), in equity, under statute or otherwise, will not exceed the
\nresupply of the Services to you.
\n10.2. You expressly understand and agree that Applied Safety & Risk Management, its
\naffiliates, employees, agents, contributors and licensors shall not be liable to you
\nfor any direct, indirect, incidental, special consequential or exemplary damages
\nwhich may be incurred by you, however caused and under any theory of liability.
\nThis shall include, but is not limited to, any loss of profit (whether incurred directly
\nor indirectly), any loss of goodwill or business reputation and any other intangible
\nloss.
\n11. Termination of Contract
\n11.1. The Terms will continue to apply until terminated by either you or by Applied
\nSafety & Risk Management as set out below.
\n11.2. If you want to terminate the Terms, you may do so by:
\n(a) providing Applied Safety & Risk Management with 7 days' notice of your
\nintention to terminate; and
\n(b) closing your accounts for all of the services which you use, where Applied
\nSafety & Risk Management has made this option available to you.
\nYour notice should be sent, in writing, to Applied Safety & Risk Management via
\nthe 'Contact Us' link on our homepage.
\n11.3. Applied Safety & Risk Management may at any time, terminate the Terms with
\nyou if:
\n(a) you have breached any provision of the Terms or intend to breach any
\nprovision;
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\n(b) Applied Safety & Risk Management is required to do so by law;
\n(c) the provision of the Services to you by Applied Safety & Risk Management
\nis, in the opinion of Applied Safety & Risk Management, no longer
\ncommercially viable.
\n11.4. Subject to local applicable laws, Applied Safety & Risk Management reserves the
\nright to discontinue or cancel your membership at any time and may suspend or
\ndeny, in its sole discretion, your access to all or any portion of the Website or the
\nServices without notice if you breach any provision of the Terms or any
\napplicable law or if your conduct impacts Applied Safety & Risk Management's
\nname or reputation or violates the rights of those of another party.
\n12. Indemnity
\n12.1. You agree to indemnify Applied Safety & Risk Management, its affiliates,
\nemployees, agents, contributors, third party content providers and licensors from
\nand against:
\n(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
\ndamage (including legal fees on a full indemnity basis) incurred, suffered or
\narising out of or in connection with Your Content;
\n(b) any direct or indirect consequences of you accessing, using or transacting
\non the Website or attempts to do so; and/or
\n(c) any breach of the Terms.
\n13. Dispute Resolution
\n13.1. Compulsory:
\nIf a dispute arises out of or relates to the Terms, either party may not commence any
\nTribunal or Court proceedings in relation to the dispute, unless the following clauses
\nhave been complied with (except where urgent interlocutory relief is sort).
\n13.2. Notice:
\nA party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must
\ngive written notice to the other party detailing the nature of the dispute, the desired
\noutcome and the action required to settle the Dispute.
\n13.3. Resolution:
\nOn receipt of that notice ('Notice') by that other party, the parties to the Terms
\n('Parties') must:
\n(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
\nexpeditiously by negotiation or such other means upon which they may
\nmutually agree;
\n(b) If for any reason whatsoever, 14 days after the date of the Notice, the
\nDispute has not been resolved, the Parties must either agree upon
\nselection of a mediator or request that an appropriate mediator be
\nappointed by the President of the Australian Mediation Association or his
\nor her nominee;
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\n(c) The Parties are equally liable for the fees and reasonable expenses of a
\nmediator and the cost of the venue of the mediation and without limiting the
\nforegoing undertake to pay any amounts requested by the mediator as a
\npre-condition to the mediation commencing. The Parties must each pay
\ntheir own costs associated with the mediation;
\n(d) The mediation will be held in Western Australia, Australia.
\n13.4. Confidential
\nAll communications concerning negotiations made by the Parties arising out of and in
\nconnection with this dispute resolution clause are confidential and to the extent
\npossible, must be treated as "without prejudice" negotiations for the purpose of
\napplicable laws of evidence.
\n13.5. Termination of Mediation:
\nIf 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute
\nhas not been resolved, either Party may ask the mediator to terminate the mediation
\nand the mediator must do so.
\n14. Venue and Jurisdiction
\nThe Services offered by Applied Safety & Risk Management is intended to be viewed
\nby residents of Australia. In the event of any dispute arising out of or in relation to the
\nWebsite, you agree that the exclusive venue for resolving any dispute shall be in the
\ncourts of Western Australia, Australia.
\n15. Governing Law
\nThe Terms are governed by the laws of Western Australia, Australia. Any dispute,
\ncontroversy, proceeding or claim of whatever nature arising out of or in any way
\nrelating to the Terms and the rights created hereby shall be governed, interpreted and
\nconstrued by, under and pursuant to the laws of Western Australia, Australia, without
\nreference to conflict of law principles, notwithstanding mandatory rules. The validity of
\nthis governing law clause is not contested. The Terms shall be binding to the benefit of
\nthe parties hereto and their successors and assigns.
\n16. Independent Legal Advice
\nBoth parties confirm and declare that the provisions of the Terms are fair and
\nreasonable and both parties having taken the opportunity to obtain independent legal
\nadvice and declare the Terms are not against public policy on the grounds of inequality
\nor bargaining power or general grounds of restraint of trade.
\n17. Severance
\nIf any part of these Terms is found to be void or unenforceable by a Court of competent
\njurisdiction, that part shall be severed and the rest of the Terms shall remain in force.