1.1 About these terms and conditions
This website is provided by Safety Graphics ABN 22 612 092 127
• The terms and conditions set out below govern your use of the SAFETY GRAPHICS website and the services on that website.
• These terms and conditions include:
o Part A Use of the website.
o Part C Use of the services on the website.
• You must read these terms and conditions in full. If you do not accept these terms and conditions, select “do not agree”.
• If after reading these terms and conditions you do accept these terms and conditions, select “I agree”. By selecting “I agree”, you acknowledge and agree that:
o You have read the terms and conditions in full;
o You have entered a binding legal agreement electronically; and
o You intend to be bound by the agreement.
• SAFETY GRAPHICS may change the conditions from time to time. If this occurs, SAFETY GRAPHICS will notify you and such amendments will immediately be incorporated into this terms and conditions. If after being notified of the change to these terms and conditions you continue to access the Service, you will be deemed to have accepted the amended terms and conditions.
2. Fees, Prices and Payment
2.1 You agree to pay for the Services and any Products supplied by SAFETY GRAPHICS as follows:
1. as to any Establishment/Set Up Fee, at the time of acceptance of the Proposal;
2. as to any Diagram Fee, within 7 days of issue of an invoice by SAFETY GRAPHICS to you;
3. as to any supply of Products, within 7 days of issue of an invoice by SAFETY GRAPHICS to you;
4. as to any Fee applicable to the supply of Casual Module Training or Consultancy Services, within 7 days of issue of an invoice by SAFETY GRAPHICS and
5. as to any Fee for other Services, at the times set out in the Proposal but, if no times are specified in the Proposal, the Fee will be divided into four quarterly instalments payable quarterly in advance, commencing on acceptance of the proposal.
6. If at any time monies are overdue and owing in with respect to any invoice, then:
1. the whole of the amount of all invoices then outstanding will become immediately due and payable; and
2. SAFETY GRAPHICS may immediately discontinue supply of the Services and Products until such monies (together with any accrued interest) are paid in full. In no event, will SAFETY GRAPHICS be liable for any direct or indirect Claim suffered or incurred by you because of such circumstances including without limitation, failure to perform the Services, failure to perform the Services on the scheduled day or at the scheduled location or for any delay in performing the Services.
7. SAFETY GRAPHICS reserves the right to charge you interest at the Overdue Rate on any monies due but unpaid, calculated daily from the due date for payment until payment is received in cleared funds.
8. If any GST is payable on any Taxable Supply made by the Supplier to the Recipient under or about the Agreement, then the Recipient must pay to the Supplier the amount of such GST (to the extent that it is not already specifically included in the Fee) in addition to the consideration otherwise payable for the Taxable Supply.
9. The Supplier must provide the Recipient with a tax invoice in such form as will permit the Recipient to claim an input tax credit for such GST should it be so entitled.
10. If the Recipient is obliged to reimburse or indemnify the Supplier for any amount paid or payable by the Supplier to a third party (“Third Party Payment”), then:
1. the amount payable by the Recipient will be reduced by the amount of any input tax credit to which the Supplier is entitled in relation to the Third-Party Payment; and
2. the Recipient will only be obliged to pay any applicable GST on that reduced amount.
2. During any fixed term of the Agreement on each anniversary of the Commencement Date, SAFETY GRAPHICS may by notice in writing increase the amount of Fees and other remuneration for supply of the Services and the price for supply of the Products in accordance with the fixed amount or rate set out in the Proposal and if no fixed amount or rate is set in the Proposal then by an amount which is, as a percentage, is not more than the increase in the Consumer Price Index (All Groups) for the capital city in the State in which the Services or Products are delivered) for the preceding 12 months, such variation to take place as and from the relevant anniversary of the Commencement Date. In any other case, SAFETY GRAPHICS may increase the Fees and remuneration for the supply of the Services and the prices for supply of the Products by providing you with thirty (30) days’ notice in writing.
3. Notwithstanding clause 4.7, if at any time during the Term there is an increase in the costs incurred by SAFETY GRAPHICS in supplying the Service or the Products due to factors beyond its reasonable control (for example, as a result of changes in prices of SAFETY GRAPHICS’s suppliers, or changes to legislation or industrial awards), then SAFETY GRAPHICS may by giving you sixty (60) days’ notice in writing increase the Fees for supply of the Services or increase the Supply Price for supply of the Products (as the case may be).
4. PART A – THE WEBSITE
1. SAFETY GRAPHICS is the provider of an online platform which permits you to complete training and register and maintain compliance with training requirements. These compliance requirements include AS3745-2010 and related state based VIC, NSW & QLD regulations & related WH&S laws.
2. This Service is available to you only in Australia. You agree not to use or attempt to use the Service from outside these locations.
3. You are responsible for ensuring that you have sufficient software and hardware to access the Service.
4. SAFETY GRAPHICS reserves the right to modify, suspend, or discontinue the Service (or any part of it) from time to time with or without notice to you for the purposes of maintaining or repairing or updating the Service.
5. SAFETY GRAPHICS will use all reasonable endeavours to miminise any disruption caused, however subject to your statutory rights SAFETY GRAPHICS will not be liable to you if the Service or any part of it becomes temporarily unavailable.
6. Certain content available via the Service may include materials from third parties. SAFETY GRAPHICS does not review or evaluate the accuracy of any third-party materials. This is your responsibility. It is also your responsibility to ensure that you do not use the third-party materials in a manner that may infringe or violate the rights of the person who owns those materials.
7. Your account
1. You agree to provide accurate and complete information when you register with, and as you use, the Service (Registration Data), and you agree to update your Registration Data to keep it accurate and complete. SAFETY GRAPHICS may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
2. As a registered user of the Service, you will be issued with an account (Account). You must not reveal your Account information to anyone else. SAFETY GRAPHICS is not responsible for any loss suffered by you because of the unauthorized use of your Account. If you become aware that your Account information has become available to someone else, you must notify SAFETY GRAPHICS as soon possible.
3. You are the only person authorised to use the Account. You must not allow others to access your Account. SAFETY GRAPHICS may track your usage of your Account to verify this from time to time.
8. Intellectual Property
1. You agree that the Service, including but not limited to all products, graphics, user interface, the scripts and software used to implement the Service, contains proprietary information and material that is owned by SAFETY GRAPHICS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
2. You agree that the right to access the Service is being licensed, not sold to you.
3. You must not use any proprietary information or materials in any way whatsoever except for use of the Service in compliance with this agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You must not attempt to modify, sell, distribute, lease, or create derivative works based on the Service.
4. SAFETY GRAPHICS reserves the right to suspend your access to the Service without notice to you if SAFETY GRAPHICS believes that this is necessary to protect its intellectual property.
5. SAFETY GRAPHICS owns the Service. The use of any party of the Service except for the purpose for which it has been licenced to you is a breach of SAFETY GRAPHICS’s intellectual property rights.
6. You may be subject to criminal and civil penalty if you breach these rights. SAFETY GRAPHICS values its intellectual property and will take any steps necessary to prevent the unauthorised use of this property.
7. The SAFETY GRAPHICS logo, Emergency Response Plan & Evacuation Diagram design are copyright and/or trademarked
8. There may be other copyright /trademarked material contained on this website.
9. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
10. The Service is provided to you on a paid subscription.
11. Paid subscriptions will automatically renew for the applicable time-period you have selected. You will be charged for each subsequent renewed subscription period on the day that your current subscription ends.
12. If you want to cancel your automatic renewal to the paid subscription you must notify SAFETY GRAPHICS no later than 14 days before your subscription is due to expire.
13. If you breach a term of this agreement, SAFETY GRAPHICS may, without notice to you, cancel your Account and this agreement. Once your Account is cancelled, access to the Service will be terminated. You will not be entitled to a refund of any amounts paid for the Service if SAFETY GRAPHICS terminates the agreement under this clause.
1. You acknowledge that SAFETY GRAPHICS provides an online service and therefore access to the Service may be dependent on external factors outside the control of SAFETY GRAPHICS. For example, Safety Graphics has no control over temporary internet interruptions which may affect your ability to access the Service or SAFETY GRAPHICS’s ability to provide the Service.
2. SAFETY GRAPHICS does not guarantee that your use of the Service will be uninterrupted or error-free. It may be necessary for SAFETY GRAPHICS to remove the Service for maintenance reasons without notice to you. Subject to the Competition and Consumer Act 2010 (Cth), you agree that SAFETY GRAPHICS will not be liable for any inability to access the Services and you will not be entitled to request a refund or seek compensation because of the Services being temporarily unavailable.
3. If SAFETY GRAPHICS is liable under the Competition and Consumer Act 2010(Cth), you agree that SAFETY GRAPHICS’s liability is restricted to either:
1. Extending your ability to access the Services by that period in which the Services were unavailable; or
2. In SAFETY GRAPHICS’s’ sole discretion, a refund of any amounts paid which relate to the period in which the Services were unavailable.
4. SAFETY GRAPHICS will not be liable to you for loss or damaged suffered by you are a result of you failing to use the Service properly or failing to use the Service in accordance with these terms and conditions.
5. Subject to your statutory rights, If SAFETY GRAPHICS cancels your Account or access to the Service for any reason, you agree:
1. not to hold SAFETY GRAPHICS liable for any loss or damage suffered by you; or
2. that the maximum loss or damage that could be suffered by you is the amount you have paid for the Service. alternatively, that the loss or damage suffered by you is limited to the amount you have paid for the Service.
1. This Agreement constitutes the entire agreement between you and SAFETY GRAPHICS and governs your use of the Service, superseding any prior agreements between you and SAFETY GRAPHICS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
2. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SAFETY GRAPHICSs’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
3. The laws in the State of NEW SOUTH WALES govern this agreement.
1. You agree that the exclusive jurisdiction for any claim or dispute arising under this agreement or your use of the Service is the courts of NEW SOUTH WALES.
4. SAFETY GRAPHICS will usually contact you by email in which case notices shall become effective immediately. You also agree to SAFETY GRAPHICS contacting you by fax or post.
Safety Graphic’s Policy
1. Information collected by SAFETY GRAPHICS will be securely stored by SAFETY GRAPHICS. SAFETY GRAPHICS is committed to respecting the privacy of its customers. The following policy discusses how personal information received by SAFETY GRAPHICS will be dealt with.
3. When SAFETY GRAPHICS May Collect Information
1. Any information requested or collected by SAFETY GRAPHICS will be directly necessary for a function or activity carried out by SAFETY GRAPHICS and for a lawful purpose. Individuals and organisations have the option of not identifying themselves when communicating with SAFETY GRAPHICS, providing this is practicable.
2. SAFETY GRAPHICS will, where reasonable and practicable, only collect information about an individual or an organisation directly from that individual or organisation.
3. SAFETY GRAPHICS will ensure that any information collected is relevant to that purpose, is not excessive, and is accurate, up to date and complete, and that the collection of the information does not intrude on the personal affairs of the individual or organisation.
4. How SAFETY GRAPHICS Will Use Information
SAFETY GRAPHICS will not use or disclose information:
1. without ensuring that the information is relevant, accurate, up to date, complete and not misleading;
2. for a purpose, other than that for which it was collected without consent unless the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual to whom the information relates or of another person; or
3. which relates to an individual’s ethnic or racial origin; political opinions; religious or philosophical beliefs; trade union membership; health or sexual activities.
Right of Access and Corrections to Information
1. At the request of an individual or organisation, SAFETY GRAPHICS will confirm whether it holds any information about that party and if so, the nature of the information, the purpose for which is held, and allow the individual or organisation access to the information.
2. If an individual or organisation notifies SAFETY GRAPHICS that information held about that party is incorrect, SAFETY GRAPHICS will make appropriate amendments at the individual/organisation’s request.
Storage, Security and Disposal of Information
1. SAFETY GRAPHICS will take all reasonable steps to prevent unauthorised use or disclosure of information held by it. SAFETY GRAPHICS will also ensure that information is kept for no longer than is necessary, that the information is disposed of securely, that the information is protected against loss, unauthorised access, use, modification or disclosure.
PART C – Use of website services
Conditions on use of website services
1. The SAFETY GRAPHICS website allows users to upload, store and download files relating to the creation of evacuation diagrams and emergency procedure plans.
2. The website will maintain a record of uploads and downloads. Any user who is signed up to the website by their employer or a building owner acknowledges and agrees that Safety Graphics may provide, at the employer or building owner’s request, a record of completed evacuation diagrams, emergency plans or associated files.
3. Users must download final files within 90 days of completion of the job. Safety Graphics will not be liable or responsible for a user who alters, edits or renders a document non-compliant.
4. SAFETY GRAPHICS relies on the user to provide accurate information to be used to create compliant evacuation diagrams, flip charts, emergency plans and other materials. SAFETY GRAPHICS will not be liable or responsible for false, incorrect, inaccurate or incorrect information relied on to make any document non-compliant. All information is of a general nature only and has not been prepared considering each user’s specific situation.