TERMS AND CONDITIONS
Safety Wise Solutions Pty Ltd Website, RTO and Online Training- Terms and Conditions of Use.
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.
BY USING SAFETY WISE SOLUTIONS PTY LTD.’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH SAFETY WISE SOLUTIONS PTY LTD MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information
2. Modification of Terms
Safety Wise Solutions Pty Ltd 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 Solutions Pty Ltd gives notice to the User. Notice can be given through e-mail, a posting on 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. Any use of the site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
3. Limited License
Safety Wise Solutions Pty Ltd 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 Solutions Pty Ltd strives to provide the training modules to its users on a continuous basis. To that end, Safety Wise Solutions Pty Ltd 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 conditions beyond Safety Wise Solutions Pty Ltd.’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may 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 Solutions Pty Ltd will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Safety Wise Solutions Pty Ltd endeavours to provide the highest quality content to its users. To that end, Safety Wise Solutions Pty Ltd reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site.
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 “Prohibited Conduct”:
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 Wise Solutions Pty Ltd.’s computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these Terms.
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.
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.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
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.
Violate or attempt to violate Safety Wise Solutions Pty Ltd.’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.
Engage in any other conduct which violates the Copyright Act or other laws.
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 Solutions Pty Ltd.
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.
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 Solutions Pty Ltd.
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.
Advertise or otherwise solicit funds, goods or services on the site.
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 Solutions Pty Ltd 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 constitutes abuse of the training modules and will result in revocation or denial of access to the training modules. The terms “normal patterns” and “abuse” shall be determined solely by Safety Wise Solutions Pty Ltd.
You agree not to violate any Australian, foreign or international software or technology export laws and regulations.
6. Limited Warranties
Safety Wise Solutions Pty Ltd 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 Solutions Pty Ltd provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site.
Safety Wise Solutions Pty Ltd also warrants that the media containing the software, if provided by Safety Wise Solutions Pty Ltd, is free from defects in material on the date the user acquired the licence.
Safety Wise Solutions Pty Ltd.’s sole liability for any breach of this warranty 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 Solutions Pty Ltd of any problem with the software within thirty (30) calendar days of discovering the problem or Safety Wise Solutions Pty Ltd will not be obligated to honour this warranty.
Safety Wise Solutions Pty Ltd 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. If any modifications are made to the software by the user during the warranty period; if the medium or software is subjected to accident, abuse, or improper use; or if the user violates the terms of this agreement, then this warranty shall immediately terminate. This warranty shall not apply if 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.
Although Safety Wise Solutions Pty Ltd 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.
7. Disclaimers and Limitation of Liability
User accesses this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in this document); expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Safety Wise Solutions Pty Ltd does not warrant any particular result from use of the software or site. Safety Wise Solutions Pty Ltd does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Safety Wise Solutions Pty Ltd 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. Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Safety Wise Solutions Pty Ltd received from the subscriber for a licence to access the training modules, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses. In no event will Safety Wise Solutions Pty Ltd be liable for any damages in excess of the amount Safety Wise Solutions Pty Ltd received from the subscriber for a licence to access the training module, even if Safety Wise Solutions Pty Ltd shall have been informed of the possibility of such damages, or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Safety Wise Solutions Pty Ltd, 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 Solutions Pty Ltd is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
No dealer, agent, or employee of Safety Wise Solutions Pty Ltd is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.
Safety Wise Solutions Pty Ltd disclaims all warranties, and shall have no liability for damages in excess of the amount Safety Wise Solutions Pty Ltd received from the purchaser, arising from or related to any support services for your use of the 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.
8. Copyrights, Trademarks and Other Proprietary Rights
Safety Wise Solutions Pty Ltd or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by Safety Wise Solutions Pty Ltd. 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 Solutions Pty Ltd, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Safety Wise Solutions Pty Ltd.’s intellectual property except as set forth in this document.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Safety Wise Solutions Pty Ltd, you may forfeit your intellectual property rights and moral rights contained in such communication or material.
User agrees to indemnify Safety Wise Solutions Pty Ltd 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 or other improper or illegal use of the Site, or breach of these Terms.
The Users liability to indemnify Safety Wise Solutions Pty Ltd under this clause is reduced proportionately to the extent that any act or omission of Safety Wise Solutions Pty Ltd and its officers, directors, agents, employees, shareholders and successors 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 Solutions Pty Ltd 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 Solutions Pty Ltd 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 Solutions Pty Ltd 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 Solutions Pty Ltd immediately if you are aware of or suspect other unauthorized use of the site and/or the site content. Safety Wise Solutions Pty Ltd 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 Solutions Pty Ltd, 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
In addition to Safety Wise Solutions Pty Ltd.’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Safety Wise Solutions Pty Ltd may also terminate access to the Training Modules or cancel subscriptions to the Training Modules without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or engaged in conduct that Safety Wise Solutions Pty Ltd deems inappropriate.
These Terms constitute the entire agreement between Safety Wise Solutions Pty Ltd and the user regarding the subject matter hereof. Any previous agreement, whether oral or written, between Safety Wise Solutions Pty Ltd and the user dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. 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. Upon the user’s breach or threatened breach of these Terms, Safety Wise Solutions Pty Ltd may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Safety Wise Solutions Pty Ltd.’s remedies are cumulative and not exclusive. Failure of Safety Wise Solutions Pty Ltd to exercise any remedy or enforce any portion of this Agreement 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.
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. The user agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement 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. Safety Wise Solutions Pty Ltd makes no representation that the content of the site is appropriate or available for use in all locations. Safety Wise Solutions Pty Ltd operates this site from the Australia and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Safety Wise Solutions Pty Ltd cannot provide notifications via post, only e-mail.
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.
We do not ship a product box. The product boxes displayed are for illustration only.
We do not ship a CD-ROM.
Electronic versions of the printed materials are embedded and downloadable inside the online courses.
Print materials for the face-to-face courses will be handed out on the day of the course at the relevant venue.
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.
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 our 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
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.
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
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.
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
Attendees must cancel more than 10 business days prior to the course date to receive a full refund.
A $500 charge will be made if cancellation is within 2 to 10 business days prior to the course date.
Cancellations made 1 day prior to commencement of course, or failure to appear, will result in forfeiture of the course fee.
Refunds are only available to those users who have not actually commenced any online delivery unless otherwise agreed to by Safety Wise Solutions Pty Ltd.
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 Solutions Pty Ltd 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.
Individuals may contact Safety Wise Solutions Pty Ltd 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 Solutions Pty Ltd 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 Solutions Pty Ltd may result in an individual's exclusion from the training programmes and/or a limiting of other services that Safety Wise Solutions Pty Ltd is able to provide.
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 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 PowerNet).
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 Solutions Pty Ltd. Our Complaints Appeals Policy and Procedures are available upon request to our RTO Manager by contacting us here.
SWS 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.
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.
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 Solutions Pty Ltd is entitled to support services- please contact us to discuss any specific requirements prior to enrolment.
22. Recognition of Prior Learning (RPL)
Safety Wise Solutions Pty Ltd 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 and GDPR
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