Terms of Use

As of 1st September 2017

Terms of Use 2017-11-14T09:14:25+00:00

Welcome to the WorkBox Safety website.  Before you begin using the service you must agree to these Terms of Use.

1. The WorkBox Safety website is managed by WorkBox Safety Pty Ltd (ABN 97 615 069 273).

2. Your use of the WorkBox Safety website, including any or all services associated with com.au, is deemed to be your acceptance of these Terms of Use, please read them carefully.

Lawful Purposes

3. You agree to use the WorkBox Safety website only for lawful purposes, and in a manner, that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the WorkBox Safety website by any user or third party. You agree that you will not use the WorkBox Safety website for conduct which is unlawful or which may harass or cause distress or inconvenience to any person.

4. You agree not to post or transmit via the WorkBox Safety website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law or cause disruption to the WorkBox Safety website. WorkBox Safety Management reserves the right to immediately withdraw any content that violates these terms.  WorkBox Safety Management also reserves the right to immediately suspend or terminate any user account that is associated with any violation of these terms.

Content

5. You agree to use the WorkBox Safety website only for its intended purpose, and in a manner, that does not restrict, offend, harass or inhibit the use and enjoyment of the WorkBox Safety website by any user or third party. You agree that you will not use the WorkBox Safety website for conduct which is false, misleading, offensive or obscene or which may harass or cause distress or inconvenience to any person.

6. You agree not to post or transmit via the WorkBox Safety website any defamatory, inappropriate, obscene, offensive, scandalous or SPAM material, or any material that could cause disruption to the WorkBox Safety website or cause harassment or offense to WorkBox Safety users. WorkBox Safety Management reserves the right to immediately withdraw any content that violates these terms.  WorkBox Safety Management also reserves the right to immediately suspend or terminate any user account that is associated with any violation of these terms.

7. Messages and comments on the WorkBox Safety websiteare provided by, and are the responsibility of, the person or people who made such postings.  We do not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any the messages or comments posted on the WorkBox Safety website or endorse any of the opinions expressed.

8. We take reasonable care in linking to other websites but we have no direct control over the content presented in those websites or the availability of those websites.

9. We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.

10. We do not endorse or recommend any links to external websites, or third party content, including products and services offered by, from or through those websites or their content.

Usage Limitations

11. Your use of the WorkBox Safety website may be subject to limitations, including but not limited to monthly volumes and the number of calls You are permitted to make against WorkBox Safety’s application programming interface. Any such limitations will be advised.

Security

12. The development and management of the WorkBox Safety website is coordinated by Us, however some interactions with the WorkBox Safety websiteoccur on systems under the control of AWS, our hosting service provider.

13. We strive to protect comments and information you provide on the WorkBox Safety website. We will use all reasonable endeavours to ensure that your messages, comments and information are not compromised.  However, we cannot guarantee that no Harmful Code will enter the WorkBox Safety website.  You should be aware of the risks associated with using websites.

14. We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems and devices.

Privacy

15. For more information about how we protect your privacy and personal information, please see our Privacy Policy.

16. In order to participate in, and contribute to, the WorkBox Safety website you may be required to register and provide an email address.

17. We will only use and disclose your personal information to a person, body or agency:

  • a) to provide you with a service that you have requested;
  • b) as authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user.
Indemnity

18. You indemnify WorkBox Safety Pty Ltd against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to WorkBox Safety, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

Warranties and Acknowledgements

19. You warrant that where You have registered to use the WorkBox Safety website on behalf of another person, You have the authority to agree to these Terms of Use on behalf of that person and agree that by registering to use the WorkBox Safety website You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms of Use, without limiting Your own personal obligations under these Terms of Use.

20. You acknowledge that:

  • a) You are authorised to use the WorkBox Safety website and to access the information and data that You input into the WorkBox Safety website, including any information or data input into the WorkBox Safety website by any person you have authorised to use the WorkBox Safety website. You are also authorised to access the processed information and data that is made available to You through Your use of the WorkBox Safety website (whether that information and data is Your own or that of anyone else).
  • b) WorkBox Safety Pty Ltd has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use or access the WorkBox Safety website on behalf of or for the benefit of anyone other than yourself you agree that:
    • i. You are responsible for ensuring that You have the right to do so;
    • ii. You are responsible for authorising any person who is given access to information or data, and you agree that WorkBox Safety Pty Ltd has no obligation to provide any person access to such information or data without Your authorisation and may refer any requests for information to You to address; and
    • iii. You will indemnify WorkBox Safety against any claims or loss relating to:
      • 1. WorkBox Safety Pty Ltd’s refusal to provide any person access to Your information or data in accordance with these Terms of Use;
      • 2. WorkBox Safety Pty Ltd’s making available information or data to any person with Your authorisation.

21. WorkBox Safety Pty Ltd does not warrant that the use of the WorkBox Safety website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the WorkBox Safety website.  WorkBox Safety Pty Ltd is not in any way responsible for any such interference or prevention of Your access or use of the WorkBox Safety website.

22. WorkBox Safety Pty Ltd gives no warranty about the WorkBox Safety website. Without limiting the foregoing, WorkBox Safety Pty Ltd does not warrant that the WorkBox Safety website will meet Your requirements or that it will be suitable for any particular purpose.  To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

23. You warrant and represent that You are acquiring the right to access and use the WorkBox Safety website for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the WorkBox Safety website or these Terms of Use.

Limitations of Liability

24. To the maximum extent permitted by law, WorkBox Safety Pty Ltd excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

25. If You suffer loss or damage as a result of WorkBox Safety Pty Ltd’s negligence or failure to comply with these Terms, any claim by You against WorkBox Safety Pty Ltd arising from WorkBox Safety Pty Ltd’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

26.If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 27.

Termination

27. You will be billed when You first add Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation in the ‘User Settings’ in your account (contact us for help).

28. WorkBox Safety Pty Ltd will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.

29. These Terms will continue for the period covered by the Access Fee paid or payable. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee in accordance with the Fee Schedule, unless either party terminates these Terms of Use by giving at least one month’s advance written notice.  If You elect to terminate these Terms of Use by providing one month’s’ advance written notice, You shall be liable to pay all relevant Access Fees up to and including the day of termination of these Terms of Use.

General

30. These Terms of Use are governed by the laws of Tasmania, Australia and you agree to submit to the exclusive jurisdiction of the courts of Tasmania.

31. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

32. These Terms of Use do not negate any Terms or Conditions that apply to your use of any other websites.

33. We may revise these Terms of Use from time to time.

34. Please contact us if you have any questions, problems or feedback regarding our service.

Disclaimer

35. The provision of, access to, and use of, the WorkBox Safety website is on an “as is ” basis and at Your own risk.

36. Your use of the WorkBox Safety website does not;

  • a) guarantee that you will achieve or attain a positive outcome or result;
  • b) guarantee a reduction in time or cost related to Workplace Health and Safety within your business.

37. WorkBox Safety Pty Ltd is not Your safety advisor and use of the WorkBox Safety website does not constitute the receipt of work health and safety advice. The WorkBox Safety website is not a substitute for independent professional services and advice and you should obtain any appropriate independent professional service and advice relevant to Your particular circumstances.

38. It is Your sole responsibility to determine that the WorkBox Safety website meet the needs of Your business and are suitable for the purposes for which they are used.

Definitions

39. ‘WorkBox Safety website’ means the WorkBox Safety website including any or all services associated with com.au

40. ‘Harmful Code’ means any form of harmful surreptitious code or other contaminants, including viruses, bugs, Trojan horses, spyware or adware.

41. ‘You’ and ‘Your’ means the user of com.au and all WorkBox Safety website services.

42. ‘Our’, ‘Us’ and ‘We’ means WorkBox Safety Pty Ltd represented by the WorkBox Safety website.