Terms and Conditions
This service is provided to you by Everything OHS (company/we/us/our). If you use this service in any way, you do so on the basis of the disclaimers contained within this website and the following terms and conditions. By visiting and using the www.workplace-safety.com.au website (Site), including any linked pages or information owned by us, you agree to be bound by and abide by the following terms and conditions. If you do not accept these terms and conditions then your sole remedy is to discontinue using the site and any products or services available on this site.
These terms and conditions do not, and do not purport to, restrict or modify or have the effect of excluding, restricting or modifying any laws, rights or remedies imposed and required to be binding by statute or law, including the Competition and Consumer Act 2010 (Cth).
Use of products
- We agree that you will have a licence to use the products ordered using the Site.
- With respect to the use of our service and the products you order from us you agree that:
- you must not use any part of the products or services for any purpose except the specific purpose for which they were ordered;
- you must not modify the products or services in any way after they are sent to you;
- you must not interfere with, alter or attempt to copy or reproduce any part of our service or the products you order while using them;
You agree that:
- we cannot, and do not, give you legal or any other professional advice;
- we are not a professional services firm;
- we do not warrant that a product or service you purchase from us is appropriate or suitable to your requirements;
- only you are aware of the purpose for which you intend to apply a product or service you order from us and that we are not responsible for you choice to order a particular product;
- you must seek independent legal or appropriate professional advice prior to purchasing or using a product or service from this site.
General Disclaimer and Indemnity
- Any disputes arising from, in relation to or in connection with the information contained on this Site are to be governed by the law of the State of Queensland. By visiting and using the Site you unconditionally submit to the jurisdiction of the Courts of that State.
- The information on this site, including but not limited to the products or services, or on any other website accessed via this site or otherwise, may not necessarily be accurate, complete or current and may contain mistake, inaccuracies or errors.
- No person should act or fail to act on the basis of these materials. To the maximum extent permitted by law, the company and its officers, employees and agents disclaim any liability (including liability for negligence) to any person arising out of: any action or failure to act by any person in accessing, downloading, uploading, using or relying on or dealing in any way with any products, services or materials from the site or from any other website on the internet; any errors or omissions on the site or on any other website on the internet (including but not limited to errors or omissions arising as a result of the negligence of the company or its officers, employees and agents); or any delay or interruption in access to or use of the site or any other website on the internet (including but not limited to delay or interruption arising as a result of the negligence of the company or its officers, employees and agents).
- You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using or purchasing products from this site or any other website on the internet and in relation to any information or material available from those sites. We reserve the right, in our absolute discretion, to delete, alter or move any product, service or message or other posted material on the site. We are under no obligation to update any information on the site, or to correct any inaccuracy on the site that may become apparent at a later time.
- You agree that you indemnify us in relation to any cost, loss, liability or damage that you or any of your officers, employees, contractors or agents suffer:
- because the product or service you order is not suitable for its intended purposes or does not suit the relevant circumstances;
- because you fail to seek or obtain independent legal or other professional advice concerning whether the product or service you choose is suitable for its intended purposes or particular circumstances;
- because you modify the products after they are provided to you;
- because you failed to conduct appropriate site auditing or risk identification;
- because you failed to identify a site risk or hazard;
- because you failed to follow any instruction given by us;
- because you breach these terms and conditions in any way.
- You indemnify and hold us harmless against any cost, loss, liability or damage that we incur as a result of your use of our products or services except for any cost, loss, liability or damage directly caused by us.
Limitation of Liability
You agree that:
- to the extent that we are not prohibited by law from limiting our liability, then our liability is limited in the manner set out in this clause 5, including in respect of any liability that arises as a consequence of our negligence; and
- subject to law including Australian consumer law, our total liability to you for any matter related to the subject matter of these terms and conditions (including but not limited to as a result of negligence or breach of contract or statute or otherwise) will not include any special, indirect, incidental or consequential damages or loss of profits and will not exceed the cost to you for the particular transaction which has caused you the loss or damage.
Intellectual Property Rights
You agree that:
- we remain the owner of all intellectual property rights and know-how that resides in the documents and our service;
- you are licenced to use or service for the sole purpose of ordering documents; and
- you get no property right whatsoever in relation to our service, and no ownership in the copyright of the documents that you order.
- The products and services sold and information provided in the site, and its design, text, graphics and software, are (unless otherwise stated) copyright of the company.
- You are granted a revocable license to download the materials contained in this site for your personal use, including for the purpose for transacting with us. You must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Site in any way, except as expressly provided for on the Site, or with our written authorisation.
- We consent to the use of products and services purchased from the Site for the purposes of tender submissions, provided all tender submissions include a statement that our documents and services are to be kept confidential and not used for any other purpose.
Links and framing
We do not warrant the accuracy of any hypertext links provided on the site, nor the suitability or accuracy of any content located at those links. Links and frames connecting the site with other websites are for convenience only and do not mean that we are associated with, endorses or approves those other websites, their content, or the people who run or contribute to them. Use or reliance on the content of those websites is at the user's own risk.
We do not represent or warrant that any products or files displayed or obtained from or through this site, or and other website linked to it, are free from computer viruses or other defects. Any such files are provided, and may only be accessed or used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files. Our liability for such an event is limited to the resupply of those files.
We make every effort to ensure our products are of the highest quality, and have been developed with best practice in mind. It is our policy to ensure that all of our products match as closely as reasonably possible the product descriptions listed on our website.
If you have a small or minor problem with a product, please advise us as soon as practically possible and we will use reasonable efforts to remedy the problem within 5 business days and issue a suitable replacement product.
If you identify a major problem with a product that we cannot easily rectified within a reasonable period of time, you are entitled to request a refund. In order for a product to be deemed to have a major problem, and therefore be eligible for a refund, the product must be either:
1. significantly different from the product description on the website;
2. substantially unfit for its common purpose, and unable to be easily fixed within a reasonable period of time;
We do not refund for incorrect product choice or change of mind, so we advise that you choose carefully before making your purchase.
- You acknowledge that personal information collected, used and disclosed by us may be used for a variety of purposes including the supply of products or services, to monitor the use of products or services, to administer your account, to enforce these terms and conditions and/or for marketing purposes.
- You agree to advise us in writing if you do not want us to use personal information disclosed by you to use for marketing purposes.
- If you do not provide us with personal information we may be unable to supply the products or services you order or request.
Definitions and Interpretation
In these terms and conditions:
'company, we, us, our' means Easy WHS ACN 660 284 097 trading as Everything OHS.
'document' means a document you order which is generated or delivered by our service.
'personal information' has the meaning given to that term in the Privacy Act (1988) (Cth).
'product' means a document or other service which you order through our service.
'service' means this Site, the interface, all services provided by us to you and all services ancillary to the provision of services by us to you.
"site" means this website www.workplace-safety.com.au
'you' means the person using our service, including a person use our service as agent of another person in which case 'you' means the agent or the agent's principal, or both the aged and the agent's principal.
Singular terms include the plural and vice versa. You agree that each of these definitions has the same meaning wherever they appear on our website.