Terms and conditions of use
Please read these terms and conditions carefully prior to activating your user license agreement account for access or use of the web site and the services.
The user license agreement is a legal document that governs the terms and conditions of your use of WHSMS. Please read this agreement carefully. By activating your account, you acknowledge your agreement to be bound by the terms and conditions of use set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the web site.
Workplace Health and Safety may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
You are also agreeing to accept a non-exclusive, non-assignable right and license to use the services provided by the web site. We reserve the right to change these terms and conditions at any time.
In the terms and conditions of use the following expressions and definitions shall apply (save where the context otherwise requires):
Access code means an access code comprising of a user name and a password used to access the web site. Access codes will only be issued to registered users and/or participants under the terms of the relevant and appropriate user license agreement;
Assessment means the participant shall be evaluated as to the knowledge they have attained in the performance of a learning task. The method of assessment relevant to a learning task is determined by WHS and may be undertaken using one of the singular methods or a combination of electronic/written/oral questioning, direct observation, third party reports, practical tasks, projects, simulation;
Commencement date means the date WHS first offer the user access to WHSMS as per the user license agreement;
Competency means the outcome of a demonstrated ability by the participant as to their knowledge and skills in being able to recognise hazards and accurately have an understanding as to the instructional procedures associated with the controlling of risks as per the hierarchy of control measures for the performance of a specific work task and/or activity;
Contact person means the person nominated or specified within the parameters of the user licence agreement application as being the administrative contact for the purpose of communication which may incorporate the verification of the user's details, billing details of the user, access to WHSMS and any other such communication which WHS reserve the right to undertake, perform or find necessary and relevant;
Contents means any information, data, text, graphics, links or computer code published on or contained within the web site and its affiliated services, areas, links and systems;
Intellectual property rights means copyrights, patents, registered and unregistered design rights, topography rights, topology rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world;
Learning tasks means the professional development of educational and learning information as contained within the industry specific learning tasks relating to a work task and/or activity and its recognised qualification or statement of attainment and that of the continuing development of learning tasks as or may appear on the web site;
Order confirmation means the written confirmation by WHS of the order placed by the user (whether verbally or on the web site or otherwise) containing the user name and password;
Participant means an individual or person or learner registered within the WHSMS database by the contact person for the purpose of undertaking specified learning tasks in accordance with the user license agreement;
Password means the password provided by the user and/or participant during the service registration process associated with the web site;
Service means the provision of granted and required access to WHSMS by the user for the specified period as agreed to be provided by WHS hereunder;
Statement of attainment means the documentation or document issued to a participant via email or the web site upon the fulfillment of the required assessment or competency criteria relevant to the undertaking of or associated with the performance of a learning task;
Terms means the contract between WHS and the user incorporating these terms and conditions irrespective of the country of issue;
User means the person, individual, organisation, firm or company who or which agrees to the terms of the user license agreement to enter the web site for access to WHSMS as set out by WHS hereunder;
User licence agreement period means the period the services are supplied by WHS from the commencement date until WHS cease to provide the service to the user;
User name means the user name provided by the user and/or participant during the service registration process associated with the web site;
User password means the password provided by the user and/or participant during the service registration process or that issued by WHS;
Web site means http://www.workplacehealthandsafety.com.au/;
WHS means Workplace Health and Safety Pty Ltd;
WHSMS means Workplace Health and Safety Management System and is used for the administrative control and management of a person, individuals, and organisation's, firms or company's occupational health and safety performance in accordance with set objectives and targets.
WHS shall supply the user for the subscription period from the commencement date, with the service for the required number of persons and/or participants as set out in the user license agreement confirmation and where confirmation as to amended number of participants is received electronically from the user.
- WHS shall limit the users access to the web site to the specified number of persons and/or participants as agreed to as per the user license agreement confirmation, unless prior arrangement has been made with WHS to increase the registered number of users and/or participants in which the user shall incur additional charges at the rates specified by WHS for the use of the service;
- WHS will endeavour to allow uninterrupted access to the service, but access to the service may be suspended, restricted or terminated at any time. The user will not be eligible for any compensation because they cannot use the service or because of the failure, suspension or withdrawal of all or part of the service. WHS may change suspend or cancel the service at its sole discretion at any time;
- WHS reserve the right to change, modify, substitute or remove without notice any information in the web site material from time to time.
Users shall not assign, or sublease, or sublicense or otherwise transfer or dispose of their rights or obligations hereunder, without the prior written permission from WHS in the consent of doing so.
- Users acknowledge that the term of the contract for the use of the service is for a minimum period of 1 or 12 months selected as at the registration stage with payment for the service to be made as per the payment terms hereunder;
- As part of the registration process, the user is issued with a user name and user password, which must be used in order to access the service. The user name and user password are not transferable;
- Where the user is given an access code, the user will select a user name and user password and complete the relevant details and provide the information as requested about them. The user must provide accurate, complete, and current registration information and agree to provide WHS with any updates to that information promptly after such changes occur;
- Users shall keep their user name and user password and any other access information relevant to the service that may from time to time be conveyed by WHS secure. The user shall not disclose any access or security information relevant to the service to third parties for any purpose and will procure that the users and participants under their control shall do likewise;
- The user is responsible for any payments due for access to the service through the website by anyone using the user's account under any password by any person or other identity, whether or not authorised by the user. Any breach of security of a user name and user password should be notified to WHS immediately;
- Users will notify WHS forthwith if they believe their user password may have become compromised and shall cease to use the same. WHS shall have the right to withdraw a user's password at any time and from time to time and to issue a access code in its place save where such withdrawal occurs pursuant to a termination of provision of the service to the user;
- Users are fully responsible for the details provided to WHS by them and by their users and participants including its truthfulness and accuracy and non-infringement of any other person's legal or proprietary rights. Users must insert and update the details of its e-mail and physical addresses on the appropriate page of the web site;
- Where the registered number of users and/or participants increases, the user shall be solely responsible for the amendment of the details provided to WHS to reflect the changes. The user shall incur additional charges at the rates specified in the user license agreement where additional users and participants are required to use the service;
- Where a registered user or participant of the service leaves the employ of a user group, the user shall be solely responsible for removing the user or participant from the users account;
- The user shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the service. The user shall be responsible for all charges associated with accessing and maintaining a connection to the service including, but not limited to, charges imposed by an internet service provider, or a local telephone company;
- The user will not allow the service to be used for the storing sending or receiving of any material that is obscene, menacing, threatening, offensive, abusive, indecent, defamatory, fraudulent, criminal or which infringes the rights of other parties and will indemnify and keep indemnified WHS in respect of any liability arising out of any material provided by the user to WHS;
- It is the user's responsibility to retain copies of their own data or of any information required in hard copy form in respect of the service;
- WHS shall be entitled to disclose the name of the user in any promotional material.
Except in accordance with the law the user shall not itself nor shall it allow any third party to duplicate or otherwise reproduce in whole or in part the content as contained on the web site or which may be associated with the service.
Payment for access to the service shall be for the nominated minimum fixed length contract period of 1 or 12 months based upon acceptance of the user license agreement by WHS. Upon acceptance of the user license agreement application by WHS, the user shall pay the access fee outlined in the user license agreement.
- Upon payment of the access fee, the user shall be provided via electronic communications the access code for the service. Users may and shall NOT distribute the user access code, user name or user password to a participant or any other person.
A corporate user as per the terms and conditions of the user license agreement payment schedule shall maintain payment for the continuance of use of the service during the term of any fixed length contract period. The User is to ensure that the monthly payment for the use of the service is paid in full on or prior to the required date such as to ensure that the users account is in advance payment of 30 days at all times.
Where a payment for the continuance of use of the service has not been received on or prior to the required date, an electronic memorandum shall be generated to the contact person advising that they have 7 days in which to rectify the account. Where the users account is not rectified within this time frame, the contact person shall be provided with further communication advising that the service shall be terminated at a specified date with the user password/s being cancelled by WHS.
Where a service has been cancelled or suspended, the user shall be required to amend and adjust all arrears associated with payment including an advance payment for a period of 2 months at the monthly access fee outlined in the user license agreement. WHS reserve the right to charge the user for all costs incurred by WHS through third parties for the reinstatement of the service including without limitation any legal fees incurred.
WHS reserve the right to suspend or close the use of the service by the user in the event of non-payment without prior written notice to the user. In the event of non-payment the user will be responsible for all costs incurred directly or indirectly by WHS through third parties for the reinstatement of the service including without limitation any legal fees incurred.
- All fees are expressed excluding GST or other taxes, which will be in addition to the fee at the prevailing rate at the time;
- For the purposes of these terms time for payment is of the essence.
All the contents and images together with the design, text and graphics, and their selection and arrangement, and all software compilations on the web site are the copyright of WHS and all intellectual property rights in or to the same will at all times remain the property of WHS. All rights are reserved. No portion of the web site may be reproduced or redistributed in any form or by any means without the prior written permission from WHS.
- The user acknowledges that it obtains no intellectual property rights whatsoever in the content or any associated documentation;
- The WHS name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of WHS, and may not be used without the prior written consent of WHS;
- While every effort is made to ensure that information on the web site is accurate WHS assumes no responsibility for errors or omissions;
- All product names mentioned are acknowledged as the trademarks or registered trademarks of their respective owners. All trademarks are acknowledged. The ownership of information, data, trademarks, corporate logos and graphics remain the property of their owners, which are supplied to WHS for restricted use on the web site, service and associated publications;
- Nothing in this agreement is intended to or will create any form of partnership or joint venture, agency, franchise, sales representation or employment relationship between WHS and/or the user and/or the participant;
- No rights to, or property in the web site shall pass to the user or the participant. You may not sell, redistribute or reproduce the service, nor may you decompile, reverse engineer, disassemble or otherwise convert the service to a human-perceivable form. WHS or its licensors owns all trademarks and logos and you may not copy or use them in any manner.
A user and/or a participant shall not copy, duplicate, translate into any language or in any way reproduce the web site or any part thereof or any of its contents or knowingly permit the same without written permission of WHS and the respective copyright owner. Each user or participant assumes full responsibility for all risks arising from use of the web site.
- A user or participant shall not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the contents, in whole or in part. A user or participant shall not store electronically any portion of the contents, except as may be temporarily stored by your browser in its ordinary operation. Except as may be expressly permitted by copyright laws, no copying, storage, redistribution or publication of any of the contents is permitted without the express prior written permission of WHS;
- Users shall ensure that all participants, employees and representatives of the user are made aware of the above conditions and comply with them;
- Contents published on the web site are for information purposes only and it is the responsibility of the user/participant to identify and confirm the accuracy and suitability of the contents for whatever purpose the user or participant requires or wishes to use the contents;
- Each user and participant shall indemnify WHS, its servants and agents, and hold WHS, its servants and agents, harmless against all claims, liability, losses, damages and expenses, including, without limitation, legal fees and costs arising out of or incurred as the result of any claims made, or litigation brought, against WHS, its servants and agents, as a result of the use by a user or participant of the web site, the contents or part thereof for whatever purpose.
Registering, accessing and using the service
A user and/or participant as part of the required registration process are assigned a user name and password. The user/participant agrees to provide WHS with accurate, complete, and updated information as per the user license agreement. Failure to do so will constitute a breach of this agreement, which may result in immediate termination of the user and/or participant/s rights to use the service.
- The user/participant shall not select or use a user name of another person with the intent to impersonate that person, or use a name subject to the rights of any other person without authorisation, or use a user name that WHS, in our sole discretion, deem inappropriate or offensive;
- The user/participant is solely responsible for maintaining the confidentiality of the user name and password, and will be responsible for all uses of the user name and password, whether or not authorised by the participant;
- In order to access the web site, the user/participant needs to obtain a user name and password. A user name and password that has been issued to a user or participant may not be shared with any other person or identity. The user name and password may only be used by the individual to whom it has been assigned;
- The user/participant remains at all times solely and fully responsible for the proper use of the user name and password issued hereunder. The user shall incur an administrative fee for the reinstatement of a users account where a user name and password have been used concurrently.
The user or participant hereby agrees to indemnify, defend and hold WHS, and all of its officers, directors, employees, owners, agents, information providers, affiliates and licensors (collectively, "Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by WHS or any representative in connection with any claim arising out of any use or alleged use of the user's user license agreement account or password by any person, whether or not authorised by the user. WHS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WHS's defense of such claim.
Disclaimer of warranties and limitation of liabilities
The service and the contents of the web site are distributed on an "as is, as available" basis and has not been written to meet the individual requirements of the user. No failure of any part or the whole of the contents to be suitable for the user's requirements shall give rise to any right or claim against WHS. None of WHS, third party content providers or their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any contents or any products or services sold through the service.
The user expressly agrees that the entire risk as to the quality and performance of the service, and the accuracy or completeness of the contents is assumed solely by user and/or participant/s. Neither WHS nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error-free; nor does WHS, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the contents.
- WHS warrants that it will use all reasonable care and skill in carrying out obligations under these terms. All other conditions warranties and obligations implied by statute common law or otherwise and any liabilities arising there from are excluded to the extent permissible by law;
- WHS accepts no liability for the completeness or accuracy of any content/s or for placing the same on the web site. WHS makes no warranties representations or conditions with regard to any of the contents whether expressed or implied arising by law or otherwise and there is no implied warranty of merchantability or fitness for a particular purpose;
- The user accepts that WHS is in no way liable for any inaccuracies or misleading statements or representations made in any content/s supplied to WHS by third parties. WHS do not guarantee that the material associated with the service will be fault free and do not accept liability for any errors or omissions. WHS use reasonable endeavours to ensure that the data and content in the service is accurate and to correct any errors or omissions as soon as practicable after being notified of them;
- WHS does not give any warranty that the web site is free from viruses or anything else, which may have a harmful effect on any technology. Whilst WHS makes all reasonable attempts to exclude viruses from the web site, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the user is recommended to virus check and to insure itself against the risk of virus contamination;
- WHS does not limit its liability to the user or participant for death or personal injury and/or illness caused by any of WHS's acts or omissions or those of its employees or agents acting in the course of their employment;
- Under no circumstances shall WHS or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be held liable for any indirect, incidental, special or consequential damages, even if WHS has been advised of the possibility of damages, (including, without limitation, damages for losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, tort or otherwise from the use of or inability to use the web site, or any of the contents, or from any action or decision taken as a result of using the web site or the contents;
- WHS accepts no responsibility for the loss of any data in any form which may result from inclusion on the web site or from the use of the service;
- No matter how many claims are made and whatever the basis of such claims, WHS's maximum aggregate liability to the User or to the participants under or in connection with these terms or any other agreement between the parties, in respect of any direct loss (or any other loss to the extent that such loss is not excluded by the above sub-clauses of this section or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to five times the user license agreement access fee;
- A link to a non-WHS website does not mean that WHS endorses or accepts any responsibility for the content or use of such website. WHS is not necessarily affiliated with web sites that may be linked to the web site and is not responsible for their content. The linked web sites are for your convenience only and you access them at your own risk;
- All provisions of this section limiting or excluding liability operate separately and shall survive independently of the other provisions.
Termination of agreement
If the user shall be in breach of any of these terms or shall, in the case of a company, have had a petition for winding up presented against it or a petition for an administration order presented in respect of it or shall have appointed a liquidator or shall have had a receiver appointed over all or any part of its property undertaking or assets or shall, in the case of an individual, have had a bankruptcy petition or order made or presented against him or her or, in either case, if the user shall have sought to enter into an arrangement with its creditors than and in any such case WHS may:
- Terminate the user license agreement with the user and forthwith cease to provide the services;
- Cancel use of the user's password;
- Decline, withdraw or terminate access to the web site;
- The service shall end at the conclusion of the user license agreement period unless the user advises WHS in writing that the service should be renewed.
In the event that the user license agreement is terminated by WHS pursuant to this section or otherwise the user:
- Will remain liable to pay WHS all sums accrued due on or prior to the date of termination;
- Will continue to respect and uphold all confidentiality and copyright obligations.
No party shall be held to be in breach of its obligations hereunder (except in relation to the obligation to make payments) nor liable to the other for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, failure, flood, lightning, fire, strike, lock out, trade dispute act or omission of government regulatory authorities other total communications operators or other competent authority.
Any notice required to be given hereunder shall be sent by registered post or fax or electronic mail and shall be deemed to be given two days after posting if sent by post to the other party's address as notified by the party, at the time the fax is sent if sent by fax before 4.00 pm in the afternoon otherwise 9.00 am the next working day and at the time the e-mail is received at either party's e-mail address if sent by electronic mail.
Notices and communication to WHS should be sent for the attention of:
Notices and communication to the user shall be sent for the attention of the contact person provided by the user (or, if none, then the managing director, senior partner or individual subscriber) at the address, fax or electronic mail supplied by the user in the web site user licence agreement registration form, or as subsequently notified in writing by the user to WHS for such purposes.
Any failure by any party to exercise or enforce any of its rights hereunder this shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.
- These terms and any other expressly incorporated document represents the entire understanding between the parties in relation to its subject matter and supersedes all other agreements or representations made by the parties whether oral or written;
- WHS reserves the right to sub-contract any of the work required to fulfill its obligations hereunder;
- If any provision of this agreement is held to be invalid or unenforceable the validity or enforceability of the remaining provisions shall not be affected thereby;
- These terms shall be governed by and construed in accordance with the Laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Australian Courts.
WHS reserve the right to revise the terms and conditions at any time and without notice at our sole discretion. Any change will be deemed to take effect four hours after web site posting and will be deemed to be accepted by users who continue to access the web site.