Conditions of Use

08/02/2007

Revised: 08/02/2007

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This document sets out the terms and conditions on which we (Australian Business Pty Limited ABN 077016874 and it's related bodies corporate) make available the site www.workplaceohs.com.au (Site) and provide services to you. In these Conditions of Use "you" refers to a user of the Site and any related services.

We may amend these Conditions of Use and the Privacy Policy at any time by posting the amended terms on the Site or by notifying you by email. These Conditions of Use may not be otherwise amended.

Access

Access to this website is conditional on:

a) your acceptance, without alteration, of these Terms and Conditions; and

b) your payment, in full, of all fees and charges owed to Australian Business Pty Ltd, or any affiliated enterprise as determined by Australian Business Pty Ltd, at it's sole discretion

Licence and Use of the Site and Services
The Site is available only to persons who can form legally binding contracts under Australian law. If you do not qualify, then you must not use the Site.

During the "free trial period" we will grant you, at no cost, a non-transferable, non-exclusive licence to use elements of the Site for your own internal business purposes strictly in accordance with the Terms and Conditions.

Use of the Site is subject to payment of the licence fees. After the trial period and on payment of the licence fees we will grant you a non-transferable, non-exclusive licence to use the Site for your own internal business purposes strictly in accordance with the Terms and Conditions.

Information and services provided to you at the Site are personal to you and you agree not to re-sell or make available this information and services to any other person or business without our written permission.

Where we have assigned a password to you, you must not disclose your password to any other person or use your password for any unauthorised purpose. If you lose your password or if it is disclosed, please contact us.

Privacy
Our Privacy Policy is part of these Conditions of Use and sets out information which we will gather about your use of the Site and how we may use that information. We also describe the limited circumstances in which we may disclose that information to other persons. Please read and consider the Privacy Policy before accepting (or declining) the terms and conditions in this User Agreement. By accepting these Conditions of Use, you accept the terms and conditions of the Privacy Policy and agree to act in accordance with it when using the Site.

Your Personal Information
While using the Site you may be given the opportunity to enter or provide information or content. This content may be about yourself or it may be part of the registration details required to gain access to a part of the Site. Also, you may be given an opportunity to post information, for example, on a bulletin board, email list or messaging service within the Site. Your personal information includes any information you provide to us or other users while using the Site or through any other service we provide (Personal Information).

You must ensure that Personal Information and any information you provide in relation to your use of the Site:

is true;
does not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
does not breach any other law, such as the law of defamation, obscenity or against vilification and discrimination;
does not interfere with another user's use or enjoyment of the Site; and
does not contain any computer viruses.

We will only use Personal Information in accordance with these Conditions of Use and the Privacy Policy. By accepting these Conditions of Use, you also consent to certain collection, use and disclosure of your Personal Information in accordance with the Privacy Policy You acknowledge and agree that we may take any action with respect to your Personal Information if we deem it necessary or appropriate in our sole discretion: for example, if we believe your Personal Information may create any liability for us.

Links
Parts of the Site may have links through to webpages not controlled, associated or affiliated with us. We are in no way responsible for any content appearing on such a webpage. The fact that a link to such a webpage may be included on the Site does not mean that we in any way endorse, promote or are associated or affiliated with that site or any of that site's content.

Intellectual Property
All text, graphics, software on the Site (including where included in advertisements) (Content) is our copyright material unless indicated otherwise. We and our suppliers may have trade marks (both registered and unregistered) subsisting in the Content. The Content is protected by relevant intellectual property laws.

We authorise you to use and distribute the Content strictly for your own personal and internal business use only. You are not otherwise authorised to modify, copy, republish, frame, adapt or distribute this Content without our written permission.

Information on the Site
In preparing the Site, we rely on information supplied by external sources. Please read our Disclaimer statement in relation to this information before accepting (or declining) these Conditions of Use. Our Disclaimer is part of these Conditions of Use

Breach and termination
If you breach these Conditions of Use (including the non-payment of fees) we may temporarily suspend or permanently prevent your access to all or certain parts of the Site. This is in addition to other remedies at law.

Limitation of Liability
We do not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with by numerous factors outside of our control.

Except as provided by law, we provide the Site "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by law, we specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We will not be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this

The following limitation of liability applies if the Australian Trade Practices Act 1974 or any consumer protection legislation of any Australian State or Territory applies to you. To the extent that we are able to limit the remedies available under these Conditions of Use, we expressly limit our liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):

supply of the services again; or
the payment of the cost of having the services supplied again.

Nothing in these Conditions of Use is intended to limit or exclude any liability on our part, where and to the extent that applicable law prohibits such exclusion or limitation.

Indemnity
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) (Claim) suffered or incurred by us arising from, or which is directly or indirectly, related to:

your breach or non-observance of any term or condition of this User Agreement;
any breach or inaccuracy in any of your representations or warranties; or
any action or claim brought by a third party which relates to all or any part of the Personal Information that you have provided to us or other users.

In relation to a Claim, we may require you to conduct the defence, including negotiations for settlement or compromise prior to the institution of legal proceedings or modify, alter or substitute any potentially infringing part of the Personal Information at your own expense, to render the Personal Information non-infringing. You must comply with any requirement notified to you in accordance with this clause.

Notices
Except as explicitly stated otherwise, any notices will be given by email to customerservice@workplaceohs.com.au (in the case of us) or to the email address you provide to us during the registration process (in your case). Notice will be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.

General
These terms are be governed by and construed in accordance with the laws of the State of New South Wales, Australia. All users of the Site submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.

The provisions of these Conditions of Use are severable and if any provision of these Conditions of Use is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.

Our failure to act with respect to a breach of these Conditions of Use by you or others does not waive our right to act with respect to subsequent or similar breaches. These Conditions of Use set out the entire understanding and agreement between you and us with respect to its subject matter.