Terms of Use
The Workplace Safe application and Workplace Safe website are owned and operated by Workplace Safe Pty Ltd (ABN 95 631 676 769) (Trading as Workplace Safe). In this document, "we" and "us" mean Workplace Safe and "you" means you, the User or application visitor.
1. Your Acceptance
(a) By accessing, downloading, installing or using the Workplace Safe mobile application (Mobile App) or Workplace Safe website (Web App), you are subject to the following terms, which may be updated by us from time to time:
(i) The terms of use in this document (Terms); and
(ii) our Privacy Policy
(b) Before accessing, downloading, installing or using the Mobile App or Web App (Software), you should read both the Terms and the Privacy Policy carefully.
(c) The Terms in this document permit users to access and use the Software including using the services and functionality made available through the Software, viewing Product Content (defined in clause 2(b)) provided by Workplace Safe and third parties, communicating with Workplace Safe and reviewing product and service information.
(d) You agree to be bound by these Terms by:
(i) Clicking to accept the Terms, where this option is made available to you when you sign up as a User; or
(ii) Using or accessing any part of the Software.
(e) If you do not agree to these Terms, you are not permitted to access and use the Software and you should immediately cease using the Software.
(f) Workplace Safe may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Software will be governed by the most recent Terms posted within the Software. By continuing to use the Software, you agree to be bound by the most recent Terms. It is your responsibility to check the Terms regularly which can be accessed via the Software.
(g) Workplace Safe is committed to ensuring that the Software is efficient and up-to-date. As such, the Software is subject to change at any time and for any reason without notice and may contain errors. Such change may also include Software update(s) from time to time without notice.
2. The Software
(a) By accessing, downloading, installing or using the Workplace Safe mobile application (Mobile App), and the Workplace Safe website (Web App), you are subject to the following terms, which may be updated by us from time to time:
(b) The Software enables Users to access various materials, including safety policies and procedures and any other content provided by us to you including third party content (Product Content).
(c) You agree and acknowledge that by using or accessing any part of the Software you allow Workplace Safe and a nominated member or employer of a company, corporation or organisation providing the Software on your behalf to access your information including, your contact details and any other content we deem necessary for the purpose of assisting your company, corporation or organisation to provide and maintain a working environment that is safe for employees.
3. User registration and passwords
(a) In order to access the Software, your company, corporation or organisation must register, and each employee, contractor or visitor must sign up to be a User. You will need to register your details through the Software.
(b) Once you have signed up for an account, you will be required to enter your Password each time you wish to log on to the Software.
(d) If you are aged below 18 years, you are required to seek permission from your parent or guardian before registration. You are taken to have received prior permission from your parent or guardian when you register through the Software.
(e) You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
(f) You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses your account using your Password, as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password, and you will indemnify us against all loss, damage, claims, costs or demands in this regard.
(g) You may elect to change your Password at any time using the facility provided through the Software. You must immediately notify us of any Password which is lost, disclosed or becomes inoperable or used in an unauthorised manner.
4. Advertising
(a) We retain all rights to make available any advertisements we deem fit on the Software on our own behalf and on behalf of any third parties.
(b) You agree for data to be sent to third parties and advertisements to be displayed on your Software when you use or access any part of the Software.
5. Software use
(a) By using and accessing any part of the Software, you acknowledge and agree that any services and Product Content made available to you is provided to you solely for the purpose of assisting your company, corporation or organisation to provide and maintain a working environment that is safe for employees.
(b) All rights pertaining to any information, photo, video, comment, review, content, communication, text, or other material that you post and submit to the Software (User’s Content) belongs to you. However, you acknowledge and agree that you are responsible for the User’s Content that you post and submit to the Software and by posting, linking or submitting your User’s Content to the Software, you grant to Workplace Safe a worldwide, non-exclusive, non-transferable and royalty free licence to download, use, access, copy, reproduce, distribute, transfer and publish the User’s Content it deems fit including without limitation, to carry out the services provided under the Software, to distribute to any media and for legal purposes.
(c) User’s Content that you post on the Software or otherwise provide or communicate to Workplace Safe will be treated as non-confidential and non-proprietary information.
(d) Workplace Safe has the right, but not the obligation, to monitor any User’s Content made available by you on the Software. Workplace Safe reserves the right, in its absolute discretion, to block, modify or remove any User’s Content contained on the Software without notice, and will not be liable in any way for possible consequences of such actions.
6. Prohibited uses
(a) Except as otherwise expressly permitted by Workplace Safe, you must not
(i) Use the Software for inappropriate or illegal purposes.
(ii) copy, modify or make derivative works of the Software and the Product Content or any portion of the Software or the Product Content;
(iii) Reverse engineer or attempt to extract the source code of the Software;
(iv) Make available the Software or Product Content to any third parties without our prior written approval, for example, by sublicensing, leasing, assigning, redistributing publishing, transferring or selling;
(v) Engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
(vi) Impersonate or falsely claim to represent a person or organisation;
(vii) Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(viii) Upload, post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Software in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
(ix) Or post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
(b) Unauthorised and inappropriate use of the Software may give rise to the following:
(i) A claim for damages and/or may result in legal proceedings being taken against you; and/or
(ii) Suspension and/or termination of your use of the Software in accordance with clause 12(a).
(c) Workplace Safe provides no warranties and cannot guarantee that any file, program, access or use of the Software is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Software you assume all risk in this regard and you release Workplace Safe from all applicable liability and responsibility.
7. Links
(a) The Software may contain links to other websites or applications. Workplace Safe provides those links as a ready reference for searching for third party information on the internet and not as an endorsement of those websites or the content that they describe.
(b) Other websites or applications which are linked to the Software are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk. Workplace Safe is not responsible for and will not be liable in respect of the content or operation of those websites or applications.
8. Privacy
Any personal information submitted by you to Workplace Safe is subject to and will be handled in accordance with the Workplace Safe privacy policy (Privacy Policy). The Privacy Policy forms part of these Terms and is set out at http://www.workplacesafe.com.au/privacy You agree that, by using the Application or communicating with Workplace Safe, you have read the Privacy Policy, understood its contents and consented to its requirements.
9. Intellectual property rights
(a) All intellectual property rights, including copyright and patents in the Software are owned or licensed by Workplace Safe or any of its related entities. You must not copy, modify or transmit any part of the Software.
(b) The Software contains trademarks, logos, service names and trade names of Workplace Safe or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Software.
(c) You acknowledge that certain Product Content is provided under licence from third parties, which may be subject to intellectual property rights owned by those third parties.
10. Disclaimer of warranties and limitation of liability
(a) To the full extent permitted by law, Workplace Safe excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Software, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Software, the Product Content, the User’s Content, the conduct of any users, all links to or from the Application and the goods and services listed, advertised or accessible on the Software.
(b) Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) Workplace Safe excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Software, the Product Content, the User’s Content and all links to or from the Software.
(c) We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any services you receive after using the Software or for any acts, omissions, errors or defaults of any third party in connection with that service.
(d) Whilst every effort is made to ensure the Product Content information provided on the Software is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any information on the Software is not an endorsement of any organisation, product or service.
11. Indemnity
You agree to fully indemnify Workplace Safe Pty Ltd (ABN 95 631 676 769) trading as Workplace Safe, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) Any breach of these Terms by you;
(b) Your access or use of the Software; or
(c) Your communications with Workplace Safe or any other third party.
12. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
13. Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
14. Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Workplace Safe. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Workplace Safe.
15. Contacting us
If you have questions about the Software, the Terms or Privacy Policy, please contact us at support@workplacesafe.com.au.