Copyright within this Website and its content is owned by Safetynet Management Solutions Pty Ltd (“Safetynet”) or its affiliates or by third parties who have licensed the materials to Safetynet or its affiliates.
Access to this Website is conditional upon your acceptance without alteration of the Terms of Access set out below. By continuing to access this Website, you are agreeing to the Terms of Access set out below.
| Part A - Use of materials on the Website |
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| A. |
Safetynet is making this Website available to authorised users to facilitate prompt access to and management of contractor information for clients of the Website. The Website may only be used for this purpose and use of this Website for any other purpose is prohibited.
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| B. |
You may not modify or copy: |
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(i) |
the layout of the Website; and |
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(ii) |
any computer software and code contained in the Website. |
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| C. |
All of the trademarks, service marks and logos displayed on this Website are registered and unregistered trademarks of Safetynet or one of its affiliates, or third parties who have licensed their trade marks to Safetynet or one of its affiliates. Except as expressly stated in these terms of access, you may not reproduce, display or otherwise use any trade mark without first obtaining Safetynet’s written permission.
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| Links to other Websites |
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| D. |
This Website may contain links to other websites that are not operated by Safetynet or its affiliates. Any links are provided for your convenience only and do not imply an endorsement of the material contained in those third party websites. Any access to any third party websites is at your own risk. |
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| Documentation (templates) provided within the Website |
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| E. |
This website provides sample documentation (OHS document templates) for use by Contractors or Clients, Safetynet takes no responsibility for its use within ensuring compliance to legislation. |
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| Disclaimer |
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| F. |
Safetynet provides no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on this Website and Safetynet does not accept responsibility for any error, omission or defect in the information. To the fullest extent permissible by law Safetynet disclaims any and all warranties, express or implied, regarding: |
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(i) |
The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or any of the linked sites; and |
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(ii) |
Merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and or any linked site. |
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| G. |
Safetynet will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: |
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(i) |
acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and |
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(ii) |
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites. |
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| H. |
Safetynet does not warrant guarantee or make any representation that: |
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(i) |
the Website, or the server that makes the site available on the world wide web are free of software viruses; |
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the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and |
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errors and defects in the Website will be corrected. |
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| I. |
Safetynet is not liable to you for: |
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(i) |
errors or omissions in the Website, or linked sites on the world wide web; |
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(ii) |
delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and |
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(iii) |
defamatory, offensive or illegal conduct of any user of the Website, |
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whether caused through negligence of Safetynet, its employees or independent contractors, or through any other cause. |
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| J. |
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability |
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| Limitation of liability |
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| K. |
The above disclaimers may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, Safetynet’s liability for any implied warranty or condition contained in these terms of access or implied by law, is limited, at the choice of Safetynet, to one or more of the following: |
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If the breach of an implied warranty or condition relates to services: |
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(i) |
the supply of the services again; or |
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the payment of the cost of having the services supplied again. |
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If the breach of an implied warranty or condition relates to goods: |
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(i) |
the replacement of the goods or the supply of equivalent goods; |
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the repair of such goods; |
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the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired. |
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| Alterations of Terms of Access |
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| K. |
Safetynet reserves the right to change these terms of access: |
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with or without further notice to you; and |
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without giving any explanation or justification for such change. |
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| Relevant Jurisdiction |
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| L. |
If any part of these Terms of Access are found to be void, unlawful or unenforceable than that part will be deemed to be severable from the balance of the Terms of Access and the severed part will not affect the validity and enforceability of the remaining provisions. |
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| M. |
These Terms of Access will be governed by and interpreted in accordance with the law of New South Wales and you agree to the jurisdiction of the courts in New South Wales to determine any dispute arising from these Terms of Access. |
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| Part B – Terms and conditions relating to the providing of information |
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| Attaching Electronic Information |
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| A. |
You represent and warrant in relation to any material and/or information you provide to the Website that:
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(i) |
you are authorised to provide the material and/or information; |
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the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; |
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(iii) |
the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition; |
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(iv) |
the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and |
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(v) |
the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) or any law in any country where the material and/or information is or will be available electronically to users of this Website. |
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| Removal of information |
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| B. |
Safetynet may remove any material and/or information from the Website, including but not limited to links to other sites on the world wide web, at any time without giving any explanation or justification for removing the material and/or information. |
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| Indemnity |
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| C. |
You will at all times indemnify and keep indemnified Safetynet and its respective offices, employees and agents (in this para C referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access by you; and publication of or distribution of the material and/or information supplied by you. |
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