TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

Safety Wise Solutions Pty Ltd Website, RTO and Online Training- Terms and Conditions of Use.
 

SAFETY WISE SOLUTIONS PTY LTD ABN 28 531 738 750 (“Safety Wise”)

 

PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND ANY TRAINING MODULES. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE TRAINING MODULES), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.


YOU FURTHER AGREE TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT WHICH SAFETY WISE MAY MAKE FROM TIME TO TIME.
 

1. Contact Information

 Contact us here
 

2. Modification of Terms

Safety Wise reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after Safety Wise gives notice to the user. Notice can be given through e-mail, a posting on this website (“the Site”) or any other means by which a user may obtain notice. Users agree to check the site periodically for changes to these Terms. You are not required to proceed with a transaction if you do not agree to an amendment which impacts that transaction, but any use of the site after changes have been notified shall be deemed acceptance of those changed terms and/or conditions. 


3. Limited License

Safety Wise hereby grants each Subscriber a limited, non-exclusive, non-sub licensable and non-transferable license to access the content and information available in the online training modules.


4. Access to the training modules; Modification of Content

Safety Wise strives to provide the training modules to its users on a continuous basis. To that end, Safety Wise will take all commercially reasonable efforts to provide uninterrupted access to the training modules to its users. However, from time to time, users may be unable to access the training modules due to “force majeure”.  In these Terms, “force majeure” means any conditions beyond Safety Wise’s control, including but not limited to acts of God, power outages, civil disturbances, strikes and other industrial disputes, epidemics and pandemics, and the effects of any unlawful activity by a third party which could not have been prevented through the adoption by Safety Wise of reasonable security precautions.

 

 Access may also be unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system and other related reasons. In response to any unavailability of the training modules to its users, Safety Wise will take commercially reasonable steps to ensure access is restored within a reasonable period of time. “Commercially reasonable steps” means reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Safety Wise endeavours to provide the highest quality content to its users. To that end, Safety Wise reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the content, including content availability and access. Such changes, modifications, additions or deletions will be effective immediately upon notification in accordance with clause 2.  You are not required to continue with a transaction if you do not agree to an amendment which impacts that transaction, but any use of the content after changes described above have been notified shall be deemed acceptance of those changed terms and/or conditions.


Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of the Site.


5. Prohibited Conduct.

Users expressly agree to refrain from doing, either personally or through an agent, any of the following conduct (“Prohibited Conduct”):

  1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Safety Wises computers, servers or databases.

  2. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.

  3. Permit or provide others access to the training modules using your user name and password or otherwise, or the name and password of another authorized user.

  4. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, and transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site, except as permitted by law.

  5. Remove or modify any copyright, trade mark, legal notices, or other proprietary notations from the content available on the Site.

  6. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.

  7. Violate or attempt to violate Safety Wise’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way.

  8. Engage in any other conduct which violates the Copyright Act 1968 or other laws.

  9. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the Site or Safety Wise.

  10. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.

  11. Misrepresent your identity or personal information when accessing the Site; forge any training module/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Safety Wise.

  12. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

  13. Advertise or otherwise solicit funds, goods or services on the Site.

  14. Provide any commercial hosting service with access to the Site and/or the content on the Site.

 

To ensure that users of the Site do not engage in prohibited conduct, Safety Wise reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the training modules to any person or entity whose use of the training modules suggests prohibited conduct. Access to the materials available in the training modules beyond that of normal patterns of use that suggests systematic copying of the materials may be evidence of abuse of the training modules and may result in revocation or denial of access to the training modules. The terms “normal patterns” and “abuse” shall be determined solely by Safety Wise.
 

You agree not to violate any Australian, foreign or international software or technology export laws and regulations.


6. Warranties and Consumer Guarantees

 

Express warranties

 

Safety Wise warrants that the software that allows users to access the training modules (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. 


Safety Wise also warrants that the media containing the software, if provided by Safety Wise, is free from defects in material on the date the user acquired the licence. 


Safety Wise’s sole liability for any breach of the above warranties shall be in its sole and absolute discretion:

(a) To replace the defective media or software;

(b) To advise the user how to achieve substantially the same functionality with the software as described; or

(c) If the above remedies are impracticable, to refund the subscription fee paid for access to the training module. The user must inform Safety Wise of any problem with the software within thirty (30) calendar days of discovering the problem or Safety Wise will not be obligated to honour this warranty.

 

Safety Wise will use commercially reasonable efforts to repair, replace, or refund the software pursuant to the foregoing warranty within thirty (30) calendar days of being so notified. This warranty shall not apply if (i) any modifications are made to the software by the user during the warranty period; (ii) the medium or software is subjected to accident, abuse, or improper use; (iii) the user violates these Terms; or (iv) the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described.

 

Except to the extent prohibited by law, all implied warranties are excluded.


Disclaimers

 

Safety Wise provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the Site.

 

Although Safety Wise has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

 

The user accesses this Site at the user’s own risk. The Site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set out in this document, together with non-excludable consumer guarantees), whether express, implied or statutory.

 

Safety Wise does not warrant (i) any particular result from use of the software or Site, or (ii) the information on the Site is accurate, complete or complies with any particular law or regulation, or (iii) the operation of and user access to the Site will be uninterrupted, error-free, virus-free or completely secure.

Safety Wise makes no representation that the content of the Site is appropriate or available for use in all locations. Safety Wise operates this Site from the Australia and makes no representation that the Site complies with any foreign or international laws.

 

No dealer, agent, or employee of Safety Wise is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.

 

Consumer guarantees

 

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. With respect to goods, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.


7. Limitation of Liability

Except as otherwise provided by law or expressly set out otherwise in these Terms:

 

  1. under no circumstances and under no legal theory (tort, contract or otherwise) shall Safety Wise or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses;

  2. your use of this Site is at your sole risk and any content that you download is downloaded at your own discretion and risk, including the risk of loss of data and  damage resulting from computer viruses;

  3. in no event will Safety Wise be liable for any damages in excess of the amount (if any) which Safety Wise has received from you in respect of the goods or services which you have acquired;

  4. in no event will warranties or other terms be implied unless and to the extent their exclusion is prohibited by statute; and

  5. this disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Safety Wise, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Safety Wise is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this Site.

 

The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

 

Without limiting the foregoing, Safety Wise’s liability for a failure to comply with a consumer guarantee arising under Part 3-2 of the Australian Consumer Law is limited to:

 

  1. in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and

 

  1. in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.
     

8. Copyright, Trade Marks and other Proprietary Rights

Safety Wise (or where applicable its third party content providers) shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, copyright and registered and unregistered trade marks.  This extends to copyright and trade marks associated with trade dress, inventions, ideas, trade secrets, source code, HTML code, the "look and feel" of the Site and each component thereof, and the copyright in and to original content. Except as expressly stated on the Site or in these terms, nothing that you read or see on the Site or in the training module may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Safety Wise Nothing in these Terms grants you an express or implied license to use any of Safety Wise’s intellectual property, or where relevant the intellectual property of a third party, except where expressly stated.

 

 

9. Indemnification

User agrees to indemnify Safety Wise and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user’s Prohibited Conduct (as defined in clause 5 above) or other improper or illegal use of the Site, or breach of these Terms.

 

The user’s liability to indemnify Safety Wise under this clause is reduced proportionately to the extent that any act or omission of Safety Wise  or its officers, directors, agents or employees contributed to the claim in accordance with relevant proportionate liability legislation.

 

10. Security; Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. Safety Wise has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Safety Wise may suspend your access while it conducts an investigation.

 

Users are required to enter a user name and password to access the Training Modules. To protect against unauthorized access to your account, it is recommended that you log out of your account and close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
 

You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms.


You may not use the account, user name or password of someone else at any time. You agree to notify Safety Wise immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify Safety Wise immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. Safety Wise will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by Safety Wise, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password.
 

11. Termination of Agreement

Either party may terminate its agreement with you at any time and at its sole and absolute discretion.

 

Safety Wise may terminate access to the Training Modules or cancel subscriptions to the Training Modules without notice if it believes, on reasonable grounds, that you have breached or may breach any term or condition of these Terms, or engaged in conduct that Safety Wise deems inappropriate.
 

12. Miscellaneous

Entire agreement.  These Terms constitute the entire agreement between Safety Wise and the user regarding the subject matter hereof. Any previous agreement, whether oral or written, between Safety Wise and the user dealing with the subject matter hereof is superseded.

 

Amendments.  These Terms may only be modified or amended in writing.

 

Severance.  If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect.

 

Equitable relief.  Upon the user’s breach or threatened breach of these Terms, Safety Wise may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief.

 

Remedies cumulative.  Safety Wise’s remedies are cumulative and not exclusive.

 

Waiver.  Failure of Safety Wise to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

 

Pricing.  Prices and taxes advertised are correct as at time of advertisement or receipt of a proposal/quotation, are in Australian dollars, and are subject to change without notice. Such changes may be due to (without limitation) adverse currency fluctuations,  suppliers increasing prices and other reasons.

 

Time limit.  The user agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the Site, the user signs for and accepts this shortening of the statutes of limitations.

 

Local laws.  You agree to comply with all applicable local laws, including any international laws, in using this Site.

 

Assignment.  You may not assign your rights or delegate your duties under these Terms.

 

No third party beneficiaries. The parties agree that no third party is an intended beneficiary of these Terms.

 

Communications.  Safety Wise cannot provide notifications via post, only e-mail.

13. Shipping

After purchase of an online training module we DO NOT ship any physical packages unless the user purchased a bundled set of investigation tools with the online training.  Please note:

 

  1. We do not ship a product box. The product boxes displayed are for illustration only.

  2. We do not ship a CD-ROM.

  3. Print materials for the face-to-face courses will be handed out on the day of the course at the relevant venue.

  4. Print materials for the applicable online courses will be posted to the student.

14. Additional Charges

Unless otherwise agreed in writing with Safety Wise, we will on-charge all out-of-pocket expenses including travel-related costs (including accommodation, meals, car hire, travel days, and other expenses), as well as other additional costs such as freight of materials and all other incurred expenses required to facilitate the agreed activities/projects.

In addition, Safety Wise will charge for all time taken for site inductions, training, drug and alcohol testing, and other activities related to our staff attending your site to undertake work.

 

These charges will be based on the rate of the day at the time of placing travel booking, dispatch of materials or other incurred expenses, regardless of proposals and quotes issued prior.

 

Safety Wise can provide copies of receipts upon request. 

 

Where Safety Wise staff travel is delayed, or are unable to travel due to issues with flight charters and similar, Safety Wise may charge travel days in line with its Travel Policy.

A copy of our Travel Policy is available upon request- please contact us to request a copy.

 

Provision of purchase order numbers, credit card details, completed booking forms or written confirmation (including email, letter or other) to proceed with the task will indicate an acceptance of all terms and conditions in relation to additional charges as outlined herein.

 

15. Booking Confirmation

Until Safety Wise receives a correctly completed and signed Course Booking Form, any date offered to a client for services remains open for other bookings by other clients. Safety Wise is unable to hold or guarantee a date offered to any client until this form is received by the due date.

 

16. Cancellation Policy
In-house and Virtual Courses

  1. Cancellation and/or Reschedule of a Training Course made outside of 10 working days prior to commencement date does not incur a cancellation fee however, we may charge for any out of pocket expenses that may have occurred. These expenses may include taxis, flights, accommodation and hotel charges, hire car, travel day charges etc. for Safety Wise Solutions Trainers and freight and handling of materials already sent and their return back to us, etc.

 

  1. Cancellation and/or Reschedule of a Training Course within 10 working days, we may charge $2,000 cancellation fee and any out of pocket expenses that may have occurred. These expenses may include taxis, flights, accommodation and hotel charges, hire car, travel day charges etc. for Safety Wise Solutions Trainers and freight and handling of materials already sent and their return back to us, etc


Public Courses

  1. Course must be paid in full 7 days prior to the commencement date of the scheduled course.  If the seat is not paid for in full (or arrangements made with Safety Wise), the seat will be made available to another person.

  2. If payment is via a Purchase Order arrangement, Safety Wise must have the full PO and Accounts details 7 days prior to the commencement date of the scheduled course.  If we do not have this information (or arrangements made with Safety Wise), the seat will be made available to another person. Email to  

  3. Attendees must cancel more than 10 business days prior to the course date to receive a full refund.

  4. A $500 charge will be made if cancellation is within 2 to 10 business days prior to the course date.

  5. Cancellations made 1 day prior to commencement of course, or failure to appear, will result in forfeiture of the course fee.

 

Online Training

Refunds are only available to those users who have not actually commenced any online delivery unless otherwise agreed to by Safety Wise.

 

Important: To access your online training, you do not need to get any new software from us. Instead, just follow the instructions sent to you via e-mail.
 

17. Feedback and Complaints

Safety Wise appreciates your feedback so please contact us to request information, give us general comments or to request a copy of our policies including Complaints and Appeals Policy, Recognition of Prior Learning (RPL), Support Services, Financial Management and others related to our RTO operations.. We will respond to your request within 2 working days.

18. Privacy Policy

This Privacy Policy applies to personal information collected by Safety Wise This document provides an overview of how we handle your personal information in accordance with the various State and Commonwealth Government privacy Legislation documents. Further information is available at http://www.oaic.gov.au/individuals/privacy-fact-sheets/general/privacy-fact-sheet-17-australian-privacy-principles  for the latest versions of this Legislation please visit http://www.comlaw.gov.au/.  

 

Individuals have a right to access their personal information and to request its correction. This may be done in writing (including via e-mail).  These requests will be actioned within five working days.

 

Internal procedures and systems include periodic data integrity checks for accuracy and ongoing opportunities to update and correct personal information. 

 

Individuals have the right to lodge a complaint if they feel the Australian Privacy Principles have been breached by Safety Wise. Our Complaints Appeals Policy and Procedures are available upon request to our RTO Manager by contacting us here.

 

Safety Wise may at times direct market to participants via our e-newsletter or other medium. Participants have the right to be removed from any and all mailing lists or the 'opt out' or ‘unsubscribe’ function within the newsletters.

 

Individuals may contact Safety Wise by phone or email anonymously or pseudonymously for general information on our training & assessment services.   However, personal information is required for enrolment into our programs to carry out the functions and services of our organisation, and to satisfy eligibility and reporting requirements for the Commonwealth Government. 
 

Safety Wise generally requires personal information such as contact details, employment details Unique Student Identifier (USI) and other sensitive information.  This information is collected directly from the individual and will be assumed to be correct information to form the participant record.

Failure to provide this information or other documents required by Safety Wise may result in an individual's exclusion from the training programmes and/or a limiting of other services that Safety Wise is able to provide. 

 

View our Privacy Policy at https://www.safetywise.com/privacy-policy

19. Confidentiality 

We are obliged under the National Vocational Education and Training Regulator Act 2011 to disclose to the Australian Skills Quality Authority (ASQA), National Centre for Vocational Education Research (NCVER) and other related government entities to disclose certain information relating to your studies with us, including student identities and details of issued qualifications and statements of attainment. 

Other than this, student and client personal details remain confidential at all times and are not disclosed to any other third party either locally or overseas without your written consent.  Further information is available from our RTO Manager by contacting us here.  
 

This data is stored electronically and is backed up by third party suppliers (Clui, Aladn and SuretyIT). 

 

Your confidential information will not be disclosed by us to a third party without your consent unless (a) it is information which was already known to us, (b) it is or it enters the public domain or (c) we are required by law to make the disclosure.
 

Certificates and Statements of Attainment will be issued via the email and contact information provided at the time of enrolment. If there is a requirement to issue copies of these documents to another person, please contact us to discuss further. It should be noted that additional charges may be incurred for the time taken to action such requests. 

 

20. Assessments

Access to online assessments for the issuance of Nationally Accredited Statements of Attainment is only available to Australian residents who meet the relevant USI requirements. (More info at http://www.usi.gov.au/)

 

Non-Australian residents may access to the assessments, however will not be issued a Nationally Accredited Statement of Attainment.

 

Access is limited to 1 (one) of the 4 (four) available assessments. Access to the other competency assessments can be purchased. Please contact us.

Although there are no formal entry requirements or pre-requisites to undertake the assessments, it is expected that participants have an understanding of OHS/HSE and principles of risk management.

 

21. Student Support and Assistance

Any person undertaking study with Safety Wise is entitled to support services- please contact us to discuss any specific requirements prior to enrolment.

 

22. Recognition of Prior Learning (RPL)

Safety Wise does offer RPL services to persons wishing to undertake study of nationally accredited units of competency with us. Please contact us to discuss any requirement prior to enrolment.

23. Payment Terms

Payment terms are strictly 30 days from date of invoice unless otherwise agreed in writing.

24. Visitor Analytics

Safety Wise use Visitor Analytics. Visitor Analytics is a simple website analytics service which measures the traffic and visitors' general details of the customers' websites. Collecting these statistics, a website can make their visitors' experience better (e.g. which pages they visit and when, where they are approximately located, where does a user land first or if they are coming from a specific referral).

As a website owner using Visitor Analytics, we are using cookies to collect data about visitors' device type and screen size, approximate location, browser, OS, IPs, page visits, bounce rate, conversions and popular content on the website. All this data is pseudonymized and Visitor Analytics will never use the collected data to identify individual users or to match it with additional information on an individual user. Each visitor has control over the cookies placement.

25. How to control cookies

You can control and/or delete cookies as you wish by checking your browser settings on each device - for details, see aboutcookies.org. For further information, please check Visitor Analytics’ Terms Of UseCookie Information and Opt-Out / Do Not Track.

 

GENERAL

T  +61 3 9857 8277
admin@safetywise.com

 

PO Box 1166

Greythorn, VIC, 3104

Australia

INVESTIGATION ASSISTANCE
(After Hours)

M  +61 (0)499 333 769

Safety Wise is a Registered Training Organisation under ASQA. RTO #21871