View the UK Terms and Conditions here.
HazardCo Australia Pty Ltd ACN 629 899 270 (‘HazardCo’, ‘we’, ‘our’ and ‘us’) owns and operates this Website and provides the Services. By accessing and/or using the Website and related services, you agree to these Website Terms and Conditions, which include our Privacy Policy (‘Terms’). You should review these Terms (including our Privacy Policy) carefully and, if you do not agree to them, immediately cease using our Website.
In these Terms:
These Terms may be amended at any time and we recommend that you refer to these Terms each time you use this Website. The amended Terms will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your acceptance of the amended Terms and, for this reason, we recommend that each time you access our website you read these terms and conditions. Your right to access and use this Website will immediately cease if you breach any provision of these Terms.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.
Website visitors
You do not need to be a registered user in order to visit or browse our Websites, however only subscribers and registered users of this Website (‘Users’) have access to the Website’s services, functions and features, including the Services.
You may from time to time receive email communications from existing Users, sent via the Website, sharing information with you or inviting you to become a User.
Additional terms and conditions apply to Users, which are contained in separate documents titled ‘Subscriber Terms and Conditions’ and ‘End User Licence Agreement’ (‘User Terms’).
Collection Notice
We may collect personal information such as your name, address, contact details and identification details, primarily for the purpose of and incidental to selling and promoting our services to you in a secure way.
We collect personal information directly from you and will treat any information that you give us as confidential within our Company and related entities. However, we may use your information in any of the ways described and permitted by our Privacy Policy, which can be accessed at www.hazardco.com.au. If you have an enquiry about privacy, please contact us at the following:
Attention: Privacy Officer
HazardCo Australia Pty Ltd
Phone: 1-800 954 702
Email: info@hazardco.com
Third Party linked sites
Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not control, endorse or have rights in, and we are not responsible for the content on, those linked websites. You bear all risks associated with your access to, use of and reliance on those linked websites.
Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.
You should not rely on the accuracy of any information on the Website, and you should make your own inquiries before making any decision.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website or a mobile app. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
Intellectual property rights
Unless otherwise indicated, the Website, its underlying code, all related technology, all content, materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (‘Our IP’), are owned by, or licensed to, HazardCo or its related parties.
Your use of this Website and use of and access to any of Our IP does not grant or transfer any rights, title or interest to you in relation to this Website or Our IP. However, we do grant you a licence to access the Website and view Our IP in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors.
You must not infringe Our IP and must not modify, copy, republish, frame, distribute or communicate any part of Our IP without our prior written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
We grant you permission to download our copyright material only for purposes necessary for you to access and use our Website and related services. You must not reproduce or use Our IP for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved.
Restrictions on use of Website
In accessing or using the Website you agree that you will not:
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised access to or use of the Website, including instituting technological barriers, or reporting your conduct to any Person.
Reporting violations
You may report any suspected violation of these Terms to us by emailing: info@hazardco.com. We will investigate the matters and take any actions we consider appropriate.
Warranties and disclaimers
The Website is provided ‘as-is’ and ‘as available’ without any express or implied warranty.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or any content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your employees, contractors, clients or customers) in relation to your use of the Website.
We reserve the right to restrict, suspend or terminate without notice your access to this Website, any content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in connection with your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it (including third party links or content) are incorrect, incomplete or not up-to-date.
We will not be liable for you failing to comply with any legal obligations under the Work Health and Safety Laws, or any other legislation. The material contained within our Services and products is a guideline only to assist in the identification and management of hazards in the workplace and is not a substitute for the legal obligations imposed under the Work Health and Safety Laws.
Australian Consumer Law
If you constitute a consumer under the Australian Consumer Law while accessing the Website and related services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Website and related services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
Jurisdiction and governing law
Your use of the Website and these Terms are governed by the laws of Victoria, Australia, and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms or your use of the Website.
Survival of Terms
All provisions of these Terms that by their nature should survive termination of your access to the Website shall survive including all limitations on liability, disclaimers, jurisdiction and governing law and intellectual property protections.
HazardCo Australia Pty Ltd ACN 629 899 270 (‘HazardCo’, ‘we’, ‘our’ and ‘us’) owns and operates the Websites www.hazardco.com, www.hub.hazardcoapp.com, and provides the Services. These Terms apply to any person that establishes a Subscription Account with us and receives Services or otherwise uses the Website or any of the Services (‘Subscriber’, ‘you’ and ‘your’).
By creating a Subscription Account, using or downloading the Services or accessing or using the Website or a Subscription Account, you agree to be bound by these Terms.
About these Terms
The Website Terms and Conditions, the Privacy Policy, the End User Licence Agreement and any additional terms and conditions applicable to Services that you use from time to time are expressly incorporated into these terms and conditions by reference, and, together with these terms and conditions (collectively referred to as the ‘Terms’), constitute the entire agreement between you and us in relation to their subject matter. The Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.
You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.
Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Website and Services.
We reserve the right to change these Terms at any time by providing at least 7 days’ notice. This may include changes needed to reflect changes to the law, changes to our terms of trade, or changes to the Website or Services or to their features or functionality. The amended Terms will only become effective following the above notice period. If you disagree with the revised Terms, you may elect to terminate your access to the Website and Services in accordance with the procedure set out below under the heading ‘Termination by You’. Your continued use of the Services or Website constitutes your acceptance of these Terms as amended from time to time.
If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.
Subscription
In order to become a Subscriber for HazardCo you must complete all the details in the subscription form in accordance with the instructions on the Website. As part of becoming a Subscriber, you must accept the Terms, and your continued use of the Services will constitute such acceptance. Subscription to the Services must be for a minimum of twelve (12) months or such other period specified in the subscription form, which provides you access to our Services, as well as the opportunity to purchase additional Services or products that you may require from time to time. Upon acceptance of the subscription by us, your Subscription Account will be created, and you will be able to use the Websites and Services. We will provide you with a login and password, sent via email to your nominated email address that will result in the formation of a contract between you and HazardCo. We may refuse to accept the subscription request of any person or company without giving a reason for such refusal, in which case, you will not be able to access or use the Services
Our Services are available to adults over the age of eighteen (18) years and intended to be used by Subscribers or End Users within Australia only. By subscribing, accessing and using our Services, you acknowledge that you are over eighteen (18) years and that you will use our Services within Australia only.
You continuously represent and warrant to us that persons and End Users accessing HazardCo, the Websites and Services on your behalf are authorised to do so.
Privacy
You acknowledge and agree that in collecting, soliciting, holding, using and/or disclosing personal information as part of your use of the Website and Services, you are responsible for complying with Privacy Laws at all times.
You must ensure that at all relevant times you hold all Privacy Approvals required to permit us to provide the Services (including, without limitation, permission from your clients and customers to store their personal information on databases that we host for you or that we need to access in order to provide you the Services). You must inform us as soon as you become aware that you do not hold any such Privacy Approvals.
You acknowledge and agree that we will rely on any representation made by you that you have a Privacy Approval in respect of a person without undertaking our own enquiries as to whether the Privacy Approval has in fact been given or is adequate for the purposes for which we the Privacy Approval is required.
We may use your business name and logo for the purpose of identifying you as an existing or past customer of ours on the Website, in the Services and in marketing, advertising and promotional materials.
Security
You acknowledge and agree that you are responsible for maintaining the security of your Subscription Account and your password and all activity that occurs under your Subscription Account.
Payment and fees
Upon subscription to our Services, you agree to pay for our Services at the listed price, in the payment schedule chosen by you (either monthly or annually) and to make payment in accordance with this clause. You also agree to pay all applicable fees and charges specified by us (including any third-party fees and charges), late payment fees and all taxes, duties, fees, levies and charges imposed by any authority in relation to your Subscription Account. We reserve the right to vary our prices at any time. Any changes to the price for your Subscription Account will be communicated to you and will not take effect until the next payment is due.
By providing us (or our third party payment gateway providers) with the details of your valid credit or debit card (‘Card’), or your bank account details for direct debit (‘DD’), you authorise us (or our providers) to charge your Card or raise a DD at the point of time when you purchase additional products or services, and at the start of each payment period for membership fees incurred during that time in relation to your Subscription Account.
All prices are in Australian Dollars (AUD) and are exclusive of GST. The Price shall be increased by the amount of GST and/or other taxes and duties which may be applicable, except to the extent that such taxes and duties are expressly included in any quotation provided by us.
Fees and charges may be subject to change (which change may be effective immediately) and will apply to all transactions made on or after the date the change is effective.
To the extent permitted by law and other than expressly set out in these Terms, our fees and charges are non-refundable (subject to Early Cancellation).
Free trials and promotions
We may offer free trial periods to our Services from time to time. During a free trial period, you will not be required to pay any membership fee. We may also offer other promotional discounts or benefits (‘Promotions’). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.
Early Cancellation
Should you choose to cancel your Subscription Account (and, consequently, the access of any End Users) within thirty (30) days of the Commencement Date (‘Early Cancellation’), you may do so by phoning the 1-800-954702 number or sending an email to info@hazardco.com requesting closure of your Subscription Account, in which case the following will apply:
There will be no full or partial refunds for any termination or cancellation of the Subscription Account, other than for Early Cancellation.
We reserve the right to deduct an administration fee of $150.00 (inclusive of GST) from any refunds if there is damage or unusual difficulty processing the Early Cancellation of your account.
Automatic Renewal
Twelve (12) months after the Commencement Date, your Subscription Account will be automatically renewed, on an annual basis. We will send you an email to your nominated email address notifying you that your Subscription Account will be renewed, at least four (4) weeks prior to the renewal date.
If you do not wish to renew your Subscription Account, you must respond or notify us of this intention via email or phone prior to the renewal date, time being of the essence. This clause is subject to the procedures for Early Cancellation. If you do not cancel your Subscription Account in the manner set out above, it will be automatically renewed, and you will be billed using the same payment details as the previous year.
Termination by You
You may request to terminate your Subscription Account (and, consequently, the access of any End Users) at any time by phoning the 1-800-954702 number or sending an email to info@hazardco.com requesting closure of your Subscription Account.
If you terminate within thirty (30) days of the Commencement Date refer to the section above titled Early Cancellation.
In all other cases, termination of your Subscription Account will take effect at the end of your current minimum subscription period (i.e. 12 months or such other minimum subscription period specified in the subscription form). You will not receive a refund of any fees, charges or other amounts already paid or owing to us and, if applicable, will be required to continue paying monthly fees until the end of your minimum subscription period unless you have terminated as a result of us changing these Terms in a way that has a materially detrimental effect on you. In that case:
Failure to pay any amount owing to HazardCo by the due date for such payment shall, without limiting any of HazardCo’s rights, constitute termination by you of your Subscription Account.
Termination/Cancellation by HazardCo
We reserve the right to terminate your Subscription Account (and accordingly, your ability to access our Services) at any time if you breach the Terms including, but not limited to, defaulting on your payment obligations. On termination, any fees or charges invoiced by us, or which we were entitled to invoice on or prior to the date of termination, but which have not been paid will remain payable. The termination will be without prejudice to either your or our rights and remedies in respect of breach of these Terms by the other, where the breach occurred before termination.
We may cancel your Subscription Account (and accordingly, your ability to access our Services) at any time by giving written notice to you via email. On giving such notice, we will repay any money paid by you for Services not delivered. We will not be liable for any loss or damage whatsoever arising from such cancellation.
Survival of terms
All provisions of these Terms that by their nature should survive termination of your access to the Website or Services and/or closure of your Subscription Account (or the closure of your Linked Accounts) shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.
Force majeure
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
Indemnity
You indemnify us against all liabilities, costs, expenses, damages claims, proceedings, actions, demands and losses suffered or incurred by us directly or indirectly arising out of or in connection with:
Definitions
In these Terms:
‘Website Terms and Conditions’ means the terms of use of the Website located at www.hazardco.com, as amended from time to time.
HazardCo Australia Pty Ltd ACN 629 899 270 (‘HazardCo’, ‘we’, ‘our’ and ‘us’) owns and operates the Websites www.hazardco.com, www.hub.hazardcoapp.com and provides the Services. These Terms apply to any person that uses or accesses our Services (‘End User’, ‘you’ or ‘your’).
By creating a Subscription Account, using or downloading the Services or accessing or using the Website or a Subscription Account (including on a free trial basis), you agree to be bound by these Terms.
About these Terms
The Website Terms of Use, the Privacy Policy and any additional terms and conditions applicable to Services that you use from time to time (as well as, if you are a Subscriber, the terms and conditions titled ‘Subscriber Terms and Conditions’) are expressly incorporated into these terms and conditions by reference, and, together with these terms and conditions (collectively referred to as the ‘Terms’), constitute the entire agreement between you and us in relation to their subject matter. The Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.
You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.
Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Website and Services.
We reserve the right to change these Terms at any time by providing at least 7 days’ notice. This may include changes needed to reflect changes to the law, changes to our terms of trade, or changes to the Website or Services or to their features or functionality. The amended Terms will only become effective following the above notice period. If you disagree with the revised Terms, you may elect to terminate your access to the Website and Services in accordance with the procedure set out below under the heading ‘Termination by You’. Your continued use of the Services or Website constitutes your acceptance of these Terms as amended from time to time.
If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.
Our Services
We offer you the Services, which includes:
The list above is not an exhaustive list of the Services offered to End Users and we may decide to offer additional Services, or cease to provide any Services, to End Users at any time.
To be eligible to use the available Services, you must be registered as an End User in accordance with these Terms.
If you are accessing the Services using our Website or applications, you may be required to download updates from time to time to keep using the Website or applications on your device.
You are responsible for making all technical arrangements necessary to access the Website and Services. To use the Website or applications, your device will require an active internet connection and a sufficient data allowance. It is your responsibility to ensure you have these and to pay for any costs incurred from your network provider when using the Website or applications. We accept no responsibility for any failure of the Website or applications due to lack of internet connection, device malfunction or third-party interference with your device.
Registration by End Users
To become an End User you must complete all details in the online registration form (which include details of a valid email address, contact and personal details, and in the case of any person registering as a Subscriber, credit or other payment details in accordance with the instructions on the Website (including mobile App) and in any subsequent communications you receive from us (‘Registration’).
Registration is only available to persons who are located in Australia. You represent and warrant on an ongoing basis that you meet these criteria.
You represent and warrant on an ongoing basis that all information you have provided to HazardCo as part of your Registration, whether via or external to the Website is true, accurate, not misleading and complete. You are responsible for ensuring that the information we hold about you is up to date and you agree to notify us promptly of any changes to such information, either via the Website or by emailing info@hazardco.com if you require assistance. You acknowledge and agree that we may cancel your Registration at any time if we consider any information provided is incorrect, misleading, incomplete or inaccurate.
The decision to accept a Registration is in our absolute discretion and we may revoke a Registration at any time. We may not accept a Registration if you were previously an End User and we cancelled your account as a result of you being in breach of these Terms.
Upon completion of your Registration, and payment of the relevant fees and charges by the Subscription Account with which you are linked (if any), your End User account will be created and where permitted by a Subscriber, you will be able to access and use password protected areas of the Website and access the Services. At this time you are granted a non-exclusive, non-transferable licence to use the Website and to access the Services in accordance with these Terms, which is not capable of being sub-licensed.
We may refuse to accept or cancel the Registration of any person without giving a reason for such refusal or cancellation.
You represent and warrant on an ongoing basis that:
Please refer to our Privacy Policy for further explanation as to how we use the Personal Information we collect from you.
Term
These Terms commence on the date you first accept them and, unless otherwise terminated, continue until your account has expired or been terminated.
Each End User account that is granted access to the Website and Services shall, subject to these Terms, be entitled to access for the period specified on the Website at the time of purchase of such access.
Except as otherwise specified, and subject to payment of the relevant fees and charges by the Subscription Account with which you are linked, the period of access for each account will automatically renew for additional periods in accordance with the Subscription Terms (with each such additional period commencing on the date immediately following the date of expiry of the previous period of access) while the account remains active.
On the termination or expiry of any Subscription Account with which you are linked, your access will automatically terminate.
Security
Access to and use of your account and of password protected areas of the Website is restricted to authorised End Users only.
You agree to:
You understand that any person with your password will be able to access your account and you accept all risk of authorised or unauthorised access to your account. You acknowledge and agree that you are responsible for maintaining the security of your account and your password and all activity that occurs under your account.
To the extent permitted by law, we will not be liable to you for any loss that you suffer or incur as a result of someone using your account, or associated passwords, with or without your knowledge. You are liable for and indemnify us against all liabilities, costs, expenses, damages claims, proceedings, actions, demands and losses suffered or incurred by us, or any customer of ours, directly or indirectly, due to someone else using your account, or an associated password, because of anything you do or fail to do (or if you are a Subscriber – anything you or an End User does or fails to do).
You may not use or access anyone else’s account without the permission of the account holder.
Your use of the Website and Services
You are permitted to use the Website to access the Services, subject to all fees and other amounts in respect of your associated Subscription Account having been paid to us in advance.
If we receive any complaints or customer service calls in relation to your account or we consider that Your Content otherwise breaches these Terms, then we may make changes to your account. We will endeavour to contact you first before we do so but we do not require your permission to make such changes.
Access and ensuring acceptable use
You must ensure that you:
You must ensure that you do not access or use the Website or Services:
You also agree not to, and not to cause or permit others to:
Intellectual property and ownership of content
Other than Third Party Content and Your Content located on the Website, the Website, its underlying code, all related technology, all content, materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (‘Our IP’), are owned by, or licensed to, HazardCo or its related parties.
Subject to these Terms, you agree that you will not infringe Our IP and will not modify, copy, republish, frame, distribute or communicate any part of Our IP without our prior written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights. You shall not merge Our IP with any other software without our written permission.
We grant you permission to download our copyright material only for private and non-commercial purposes, or for purposes necessary for you to access the Website and Services, or for purposes contemplated by the Website and Services, provided you do not delete or change any copyright symbol, trademark or other proprietary notice. You must not reproduce or use Our IP for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved.
Your Content
We may use Your Content to provide you the Services. You represent and warrant on an ongoing basis that Your Content is accurate and truthful, that you have all rights, power and authority necessary to provide Your Content to us, that Your Content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, that Your Content complies with all applicable laws and that Your Content does not violate these Terms (including the Privacy Policy). We reserve the right to remove any of Your Content from the Website or Services at any time (including disabling any data integration functionality), if we consider that it violates these Terms or the Privacy Policy.
Your Content (and, where applicable, its use in connection with the Website or Services) must:
You represent and warrant on an ongoing basis that Your Content complies with the above criteria. We will not be responsible, or liable to any third party, in respect of Your Content.
You expressly acknowledge and agree that once Your Content has been uploaded onto, or otherwise made available on or via, our Website or the Services, we do not have any control over the use, modification or otherwise of Your Content by other End Users who are able to access it. You bear all risks associated with the access, use of, modification of, and any reliance on Your Content by third parties.
Any comment, feedback, idea or suggestion which you provide to us through our Website or our Services (‘Comments’) becomes our property. If in the future, we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensating you or any other person who has transmitted your Comments.
You acknowledge and agree that we may allow other third-party providers access to Your Content as required for the interoperation of our Website and Services with Third Party Content.
Services and QR Code data
All data generated by your use of the Services (other than Your Content), including use of QR Codes belongs to us. This includes name and location details forming part of the QR Code scan data.
Third Party Content
The Website may contain Third Party Content and the Website and our Services may enable you to link to or access Third Party Content.
We do not control, endorse or have rights in, and we are not responsible for, Third Party Content. You bear all risks associated with your access to, use of and reliance on Third Party Content.
Any Third Party Content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any express or implied representation, warranty or guarantee of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.
We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.
The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.
Privacy
Our Privacy Policy located at www.hazardco.com, www.hub.hazardcoapp.com is incorporated into these Terms.
You must comply with all privacy laws applicable to you in using the Website and Services, including ensuring any Personal Information you collect is collected, used and managed by you in accordance with all applicable privacy laws and with such person’s consent.
Any Personal Information we collect and make available to you (if any) is solely for the purpose of providing the Services. You are not authorised to use such Personal Information for any unauthorised purpose (including to send any unsolicited emails, mail or ‘spam’ without the relevant person’s express written consent).
You represent and warrant on an ongoing basis that to the extent that any content you upload onto our Website or through the Services contains any ‘personal information’, including ‘sensitive information’ (within the meanings given to those terms in the the Privacy Act 1988 (Cth)), the individual or individuals to whom such information relates have provided their informed, voluntary consent to your collection of such information and all uses and disclosures of such information which have occurred in connection with the Website, the Services and any content you upload onto our Website or through the Services.
Use of subcontractors
We may subcontract parts of the Services to our affiliates and use third party suppliers to support the delivery of the Services.
Termination or suspension by us
We may suspend or terminate your right to use or access all or any part of the Website and Services at any time if:
We will use reasonable efforts to provide you with notice of any such suspension or termination.
If there is a complaint about you, or we receive notice of a violation by you, the use or access by you of all or any part of the Website and Services may be suspended until resolved, and terminated if not able to be resolved or not resolved promptly.
We will not be liable to you or any third party for any suspension or termination of your right to use or access all or any part of the Website or Services.
Termination by You
You may terminate your Access at any time by sending an email to info@hazardco.com requesting closure of your Account.
Survival of terms
All provisions of these Terms that by their nature should survive termination of your access to the Website or Services and/or closure of your account (or the closure of the Subscription Account with which you are linked) shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.
Disclaimer
We will not be liable for you failing to comply with any legal obligations under the Work Health and Safety Laws, or any other legislation. The material contained within our Services and products is a guideline only to assist in the identification and management of hazards in the workplace and is not a substitute for the legal obligations imposed under the Work Health and Safety Laws.
Except as otherwise required by law, the Website and Services are provided ‘as is’ and ‘as available’ without any express or implied representation, warranty or guarantee of any kind. It is a condition of accessing the Website and Services that you accept and agree we shall not be liable for any harmful effect that accessing or using the Website or Services, and that you access and use the Website and Services entirely at your own risk.
Except as otherwise required by law, we make no representations, and give no warranties or guarantees, express or implied, in respect of, and accept no responsibility for:
We do not guarantee continuous, uninterrupted or secure access to the Website or Services or any specific results from use of the Website or Services.
We cannot ensure that the data you upload onto our systems (including Your Content) will never be accessed without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party in relation to your access to or use of the Website or Services.
Your access to the Website and Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new features, functionality, facilities or services. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the Website or Services are unavailable at any time or for any period.
You acknowledge that access and use of the Website and Services, including the software operating in connection with the Website and Services may be interfered with by numerous factors outside of our control.
You are responsible for taking and keeping, external to the Website, copies of all data and content on the Website to which you require access. To the extent permitted by law, we make no representations, and give no warranties or guarantees, express or implied, about the availability of such data and content. We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features. While we will use reasonable endeavours to prevent the Website from containing or spreading viruses or other malicious code, we recommend that you ensure that computers and other devices used to access the Website and Services run up-to-date anti-virus software as a precaution, and that you virus-check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.
We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or Services or to your downloading of any content from it, or from any website linked to it.
We cannot ensure that the Website and Services will be free from defects or error or will operate in any particular way. To the extent permitted by law, we disclaim all liability for any loss or damage, of any nature whatsoever, which may be suffered or incurred by any person as a result of any defect in, or error in the operation or functionality of, the Website or Services (including any part of their underlying code or related technology).
Force majeure
If we cannot carry out an obligation under the Terms, either in whole or in part, because of a force majeure event (that is beyond our control) which causes a delay for more than three (3) months, we may terminate your Subscription Account by giving at least 28 days’ notice to you.
Limitation of liability
You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in connection with:
Subject to the terms set out below under the heading ‘Australian Consumer Law’ and to the maximum extent permitted by law, our maximum liability for all claims related to the Website or Services, and the use thereof by you and your users, will be the lesser of an amount not exceeding the amount paid to us in respect of your Subscription Account (whether by you or an End User) in the 12 month period preceding your claim and $10,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim against us or any of our related entities, directors, officers and agents arising out of or related to the Subscription Account, or any Services you or your users’ use, more than two years after the cause of action arose.
Indemnity
You indemnify us against all liabilities, costs, expenses, damages claims, proceedings, actions, demands and losses suffered or incurred by us directly or indirectly arising out of or in connection with:
Severance and the Australian Consumer Law
You acknowledge and agree that:
If you constitute a consumer under the Australian Consumer Law while using the Website or Services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Website or Services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again.
Our relationship with you
Other than as expressly provided in these Terms we are an independent contractor and are not your agent, joint venture, partner, or fiduciary, and do not undertake to perform any of your regulatory obligations, or assume any responsibility for your business, operations or activities.
No assignment or transfer
You may not assign, subcontract or otherwise transfer your account, any accounts linked to your account (if you are the Subscriber), the Services you or End Users linked to your Subscription Account are using or any of your rights or obligations under these Terms to any person without our written consent.
We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing you with reasonable notice in writing.
Notices
All notices under these Terms must be in writing. We will send notices to you to the email address specified in your Account settings. You must send notices to the email address specified on our Website under ‘Contact’. The parties consent to the use of electronic means for communications as constituting written communication.
No waiver
Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
Governing law
These Terms are governed by the laws of Victoria, Australia, and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Website and Services.
Definitions
In these Terms:
‘Your Content’ means the content you upload to our Website or which you choose to make accessible to us in order to access or use our services (and, if you are a Subscriber, it also includes the content uploaded by End Users linked to your Subscription Account). For the avoidance of doubt, it does not include data generated by your use of the Services including QR Code scan data, or any information/data that we derive from Your Content, provided that information/data derived from Your Content is aggregated and/or de-identified so that it cannot reasonably be used to identify an individual or entity.
These terms and conditions (‘Terms’) will apply to and govern the ‘friend referral program’ (‘Program’) conducted by HazardCo Australia Pty Limited ACN 629 899 270 (‘HazardCo’) from time to time, including a User’s participation in the Program. By making a referral in accordance with these Terms, you accept and are bound by these Terms.
HazardCo reserves the right to change these Terms at any time. Any changes to these Terms will be effective on the date they are published on the Platform or otherwise notified to you.
Participation in the Program
Eligible Referrals
HazardCo reserves the right, at any time, in its sole discretion to:
Referral Incentive
Privacy
Definitions
General
