Terms of Use

Terms of Use

Welcome to Safety Navigator.

The following are the Terms of Use (these "Terms") that govern use of the Safety Navigator and Safety Navigator web sites (collectively, the "Site").

When we say the "Site" we are also referring to the all sections of the Site including, but not limited to sections where you can purchase memberships and products. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Safety Navigator and its respective subsidiaries (collectively "Safety Navigator" or "we") reserve the right to change these Terms at any time, effective immediately upon posting on the Site.

Please check this page of the Site periodically. If you violate these Terms, Safety Navigator may terminate your use of the Site, bar you from future use of the Site, cancel tickets you receive through the site, cancel your ticket order, and/or take appropriate legal action against you.

Disclaimer

The information contained within this website, system and all information communicated, whether by means of email, fax, telephone or in person is the property of Safety Navigator and is intended for the consideration of members to this service only.

All information presented has been thoroughly and diligently researched. Safety Navigator would, however, strongly recommend the member undertaking independent verification of facts stated to determine accuracy as we, Safety Navigator, will not in any way guarantee that a subscription to this service (membership) or any advice given on this site or by our representatives is fact.

Safety Navigator DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT.

THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.

Safety Navigator CANNOT ENSURE THAT FILES YOU DOWNLOAD, AS A MEMBER, FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Safety Navigator DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Safety Navigator WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

Safety Navigator MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE Safety Navigator SERVICE.

Safety Navigator DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SMART OHS USERS AND MEMBERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE Safety Navigator SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE Safety Navigator SERVICE.

Safety Navigator IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

Without limiting the foregoing, you may report the misconduct of members/users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Safety Navigator: systems@safetynavigator.com.au via email, or at the 'Contact Us' section on the Safety Navigator system.

Smart OHS may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

IN NO EVENT WILLSafety Navigator BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF SMART OHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy Policy

We Respect your privacy

Safety Navigator is committed to supporting the 'National Privacy Principles for the Fair Handling of Personal Information' which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations.

Our respect for our customers' right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the Safety Navigator Privacy Principles.

This Privacy Policy sets out:

Matters of which you should be aware regarding information we may collect about you
Our policies on the management of personal information, and
Generally, what sort of information we hold, for what purposes, and how we collect, hold, use and disclose that information

What of your personal information do we collect and store?

So that we can provide services to you, we may ask for personal details such as your name, address, telephone number or e-mail address. Some examples of where we may need these details are memberships and online purchases of products. Privacy law requires us to collect personal information about you only from you if it is reasonable and practical to do so.

Safety Navigator takes measures to ensure your personal information is protected from unauthorised access, loss, misuse, disclosure or alteration. We also take measures to destroy or permanently de-identify personal information when it is no longer required. The types of measures we take vary with the type of information, and how it is collected and stored.

Generally, you have no obligation to provide any information requested by us. If you choose to withhold requested information however, we may not be able to provide you with the goods and services that depend on the collection of that information, particularly if the collection of that information is required by law.

How is your personal information used?

The personal information that we ask for is generally used to provide goods or services to you. For example, for a credit card transaction we need your card number, and for a competition we need your contact details so we can contact you if you win.

We may also use your personal information in other ways to provide you with superior service. This may include using your personal information to advise you of new products and services. You have the right to tell us that you do not want us to send information to you other than for the main purpose for which we have collected your personal details.

Where possible, we try to ensure that our disclosure of information to other organisations (for example market researchers, and others with whom we have commercial arrangements) is in a way which does not personally identify individuals.

Access to your personal information

We will provide you with access to any of your personal information we hold (except in the limited circumstances recognised by privacy law).

If you require information about what of your personal information we retain, please email: systems@safetynavigator.com.au

Of course, before we provide you with access to your personal information we will require some proof of identity. For most requests, your information will be provided free of charge, however we may charge a reasonable fee if your request requires a substantial effort on our part.

If you need to update your information (eg. if you change your address), please contact: systems@safetynavigator.com.au so we can make the change."

Shop Returns

We DO NOT accept returns or refund at any time for any purchase in our online shop or when we take orders online, via email, fax or over the telephone. The only instance we return and replace goods are when they have proven to be faulty.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review your own information, for personal use, unless otherwise specifically authorized by Safety Navigator to do so. The content and software on this Site is the property of Safety Navigator and is protected by Australian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorisations

You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or you provide during any registration, ordering, purchase, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using the Site.

User Contributions to the Site

From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". Safety Navigator is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of Safety Navigator. Safety Navigator cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at systems@safetynavigator.com.au if the material is on Safety Navigator site. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Safety Navigator has no control over these sites or the content within them. Safety Navigator cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Safety Navigator does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Safety Navigator for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at systems@safetynavigator.com.au if the link is on Safety Navigator site, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content

The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:

Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic or sexually explicit material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct

Although Safety Navigator cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Commercial Use

You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication within this site or to users and members of this site.

Access and Interference

You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Safety Navigator.

Unauthorised Use of the Site

Any Illegal or unauthorized use of the Site shall constitute a violation of these Terms of Use. You do not have permission to access the Site in any way that violates, or in the course of violating, these Terms of Use. It shall also be a violation of these Terms of Use: (a) for any individual (or group of individuals acting in concert), where they are a Safety Navigator member or not, to request, more than 1000 pages of the Site in any twenty-four hour period (hereafter referred to as "Abusive Use"); or (b) to use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a pre-sale or other offer on the Site if you are not the original recipient of such passcode. This

Fair Use Policy (Members ofSafety Navigator)

We accept that individuals and organisations use the various (versions of the original) Safety Navigator systems to manage health and safety and as such, in many cases, should be expected to use the system extensively to achieve that aim, which means a reasonably high volume of 'form submissions' over a given period. Non-withstanding our 'Unauthorised Use of the Site' policy, 'Fair Use' of the Safety Navigator system is such that any single account (Safety Navigator member) is able to perform up to 20 'form submissions' across any seven day period. Any additional 'form submissions' over those 20 will result in either/or:

a. Access to the site for that member being terminated by Smart OHS until a resolution may be reached;
b. Safety Navigator charging the Safety Navigator 20 cents (AUD) per individual form submission over the permitted number (20) over any seven day period.

For the purposes of this policy a 'form submission' means the following: completing and saving/submitting any online form within the Safety Navigator system, including: Inspection Forms, Hazardous Substances Registers, Staff/Contractor Inductions, Tasks/Risk Assessments, Toolbox Talk/Consultations, System and Documentation Reviews, Contractor Registrations and, any upload of documents into the system, including in the 'WHS Documents and Records' section within Safety Navigator.

As discussed, violation of this fair use policy for any reason would result in the individual account in violation of this policy being suspended until such time as Safety Navigator and the individual account holder, whether they be an individual or corporation, can agree to fair compensation to Safety Navigator, given that such a violation carries with it the associated affect of increased data usage and thus costs to Safety Navigator.

In every instance, this policy overrides the 'Unauthorised Use of the Site' policy, whereby if a Safety Navigator member in not violating the 'Unauthorised Used of the Site' policy, but in their actions they violate the 'Fair Use Policy', the suspension of the account in question will remain in force until such time as compensation to Safety Navigator is agreed to by the individual account holder or corporation account holder in question and Safety Navigator.

Suspected Violation of these Terms of Use or Law; Injunctive, Equitable Relief, and Liquidated Damages

Violations of these Terms of Use, including Unauthorized Use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Safety Navigator's sole discretion, and without prior notice, Safety Navigator may terminate your access to the Site, cancel your order or products acquired through your ticket, remove any unauthorized User Content or exercise any other remedy available, if Safety Navigator believes that your conduct or the conduct of any person with whom Safety Navigator believes you act in concert, or the User Content you provide through Safety Navigator, violates or is inconsistent with these Terms or the law, or violates the rights of Safety Navigator, a client of Safety Navigator or another user of the Site. You agree that monetary damages may not provide a sufficient remedy to Safety Navigator for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that Abusive Use of the Site, as defined above, causes damage and harm to Safety Navigator in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Site. You further agree that monetary damages for Abusive Use of the Site are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of ten dollars ($10.00) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Use being in effect.

Safety Navigator is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Safety Navigator's rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

Indemnity

You agree to indemnify and hold Safety Navigator and its affiliates, and each of Safety Navigator's and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

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