Terms and Conditions
The HazardEye App is a paperless mobile risk assessment tool designed and managed by Construction WHS Consultants for the Australian construction industry and associated businesses. We have endeavoured to make your experience as easy as possible while managing your business safety compliance. Throughout the information provided, the terms “we”, “us” and “our” refer to Construction WHS Consultants. Construction WHS Consultants offers this application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By purchasing HazardEye and accessing the application to perform risk assessments, you denote your acceptance of the following terms and continued use of the HazardEye App. We reserve the right to amend these terms and conditions at any time. This includes those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of HazardEye, including without limitation users who are affiliates, vendors, customers or merchants.
Location – The HazardEye Application is intended solely for use by users who access it within Australian States and Territories. We make no representation that the Application is available or is otherwise suitable for use outside of Australia. Notwithstanding the above, if you do try to access HazardEye outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with the applicable local government health and safety laws.
Please read these Terms and Conditions carefully. If you do not agree to all the terms and conditions of this agreement, then you will not have access to our products and your only solution is to discontinue use of the HazardEye application.
Any new features which are added to HazardEye shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to HazardEye following the posting of any changes constitutes acceptance of those changes.
The HazardEye App has been developed to provide optimum functionality and surety by partnering with reliable technological companies Google and Braintree (Pay Pal) to ensure a secure payment gateway.
Section 1 – Disclaimer
Construction WHS Consultants, its officers, workers, developers/contributors of content, affiliates, agents, contractors, or licensors will not be held responsible (liable) for any actions, claims, liability, damage, loss or injury incurred in connection with or arising from or is in any way related to accessing or utilising this product and the information contained therein, irrespective of the type of loss, damage or injury and however this loss, damage or injury may occur, arise or be caused. This includes but is not limited to any negligence, wilful act, breach of contract, license, errors, omissions in any content, breach of statutory duty or otherwise by Construction WHS Consultants, its officers, partners, workers, developers/contributors of content, affiliates, agents, contractors, or distributors.
Copyright/Licence Terms
By agreeing to these Terms and Conditions you understand that you are purchasing a single user license/permission for the term of your package. A single user licence/permission can only be used by the individual or business or Company purchasing the HazardEye App for internal Work Health and Safety and/or Occupational Health and Safety compliance management only. No part of the App under any circumstances, can be passed onto or resold for any reason whatsoever to a third party.
Intellectual Property Rights
The word or mark ‘HazardEye’ however represented, all associated logos and any combinations with another word or mark, belong to Construction WHS Consultants. All intellectual property rights in any material or content contained in or accessible via the HazardEye App is owned by Construction WHS Consultants.
Section 2 – Terms of Use
Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to WHS Consultants or our licensors in and relating to this App may be used, copied, published or distributed by you without our prior written consent.
Internet Connectivity and Offline Access
The HazardEye App has been developed to provide optimum functionality for risk assessments both offline (remote locations) and online. That is, you can complete a risk assessment offline in remote locations or communication black spots if needed. The time and date of the risk assessments are recorded and will appear in the report. Good quality internet connection and appropriate telecommunications links are required to synchronise the data captured by the HazardEye App and to send risk assessment reports. We recommend you wait and synchronise the data from a location where good quality internet is assured in order to get the best results. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using HazardEye and it is your responsibility to address any connectivity issues with your mobile network provider. As the synchronisation process and sending risk assessment reports generated by the data captured by the HazardEye App requires internet connection, you acknowledge and agree, that you may be charged by your Mobile Provider for access to network connection service for the duration of connection while accessing HazardEye or any such third-party charges as may arise.
Exclusions of Liability
Taking into account the above we do not and cannot guarantee that your use of the HazardEye App will be uninterrupted, and we do not guarantee that any information transmitted via the HazardEye Application will transmit accurately, reliably, in a timely manner or at all. The HazardEye App and its content and services are supplied to you on a strictly ‘as is’ basis and we make no warranties, regarding its satisfactory quality, reliability, timeliness, accuracy, completeness, security or that it is free from error. All users who purchase the HazardEye App including those who knowingly do not have a good quality internet connection, accept and agree that they (the user) must take full responsibility of continued use of the HazardEye App.
Guarantees and Warranties
Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010 (Cth) (CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions. Except as precisely set out in these terms and conditions, the Seller/Licensor makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the product for specific sites or projects. The Seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
Subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- The Purchaser using the product for any purpose other than that for which it is intended
- The Purchaser failing to conduct on site safety auditing and/or risk management processes
- The Purchaser failing to appropriately adjust the product to site specific risks and hazards
- The Purchaser continuing the use the HazardEye App after any flaw became apparent or should have become apparent to a reasonably prudent operator or user
- The Purchaser failing to follow any instructions or guidelines provided by the Seller.
Third Party Links
Construction WHS Consultants its, officers, workers, affiliates, agents, contractors, developers/contributors of content, licensors, or distributors are not responsible for examining or evaluating the content or accuracy of information/data that is generated through the use of the HazardEye App and we do not warrant and will not have any liability or responsibility for any third-party materials or Apps, or for any other materials, products, or services of third-parties including but not limited to Google, Google Play, internet server providers and Braintree (Pay Pal). The purchaser/license holder is solely responsible for any Risk Assessment data input and the accuracy of it. Construction WHS Consultants its, officers, workers, affiliates, agents, contractors, developers/contributors of content, licensors, or distributors take no responsibility and assume no liability for any comments, or data input by you or any third-party to the HazardEye App. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Errors, Inaccuracies and Omissions
Every effort has been made to ensure the accuracy of the requirements for Assessment for High Risk Construction Work. Construction WHS Consultants reserve the right to correct any errors, inaccuracies or omissions, and to change or update the HazardEye App to ensure continual improvement or if any information related to the use of the App becomes obsolete or inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related App, should be taken to indicate that all information in the Service or on any related App has been modified or updated.
Indemnity
In accessing and utilising the HazardEye App, the user accepts and agrees that it is provided as a Risk Assessment tool with the onus on the user to operate it for that use only and does not imply to take the place of your overall Risk Assessment management processes. As such the user indemnifies Construction WHS Consultants, its officers, workers, affiliates, partners, agents, contractors, developers/contributors of content, licensors, or distributors against any actions, claims, liability, loss or damage irrespective of it having arisen or being directly or indirectly caused from or is in any way related to accessing or utilising this product and any of the services and information contained therein and irrespective of whether or not such services and information has been modified by the user.
Refund Statement
Construction WHS Consultants and the developers have endeavoured to ensure the accuracy and high quality of the functionality of the App and it is within the guidelines of Australian Health and Safety Legislation and AS/NZ 4801 for Workplace Health and Safety compliance management purposes. All effort has also been made to ensure that the product description adequately describes the product you are purchasing the license for. If you, for whatever reason are not satisfied with the quality of your purchase please contact our product support team on 1300 881 928. If the issue cannot be rectified a refund (up to the equivalent of one-month licence fee) will be offered within 7 days from the date of purchase. Please carefully read and understand what you are purchasing as an incorrect choice when purchasing does not constitute reason for a refund. If you have any concerns or queries with regards to HazardEye, please let us know via email ([email protected]) or call us on 1300 881 928.
Privacy Statement
Construction WHS Consultants understands the need for and respects your privacy. When you provide us with information to complete a transaction or make an enquiry on our site, we imply that you consent to our collecting and using the information for that specific reason only. The personal information is stored in a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase then Braintree (PayPal) hold your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and stored as long as is necessary to complete your purchase transaction. On completion your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS by the PCI Security Standards Council, which is a joint effort of brands like, Visa, Master Card and American Express. An email notification follows your order, however information regarding the payment details (PayPal or Credit Card) is NOT NOR WILL EVER BE transmitted via email or any other insecure means.
It is our policy:
- Not to sell, trade or otherwise disclose your information to third parties unless our Terms of Service have been violated or we are required by law to do so.
- The content of the HazardEye App belongs to Construction WHS Consultants and is subject to change without notice. Illegal or unauthorised use, including copying or distribution of material unless that which is permitted in our Copyright/License terms is strictly prohibited.
Construction WHS Consultants reserve the right to refuse or cancel an order/licence you place with us for (but not limited to) the following reasons:
- if the product has been listed incorrectly
- if the price is incorrect
- if the description is incorrect
- if incorrect, out of date, incomplete, or inaccurate account or purchase information is provided
By agreeing to these Terms and Conditions, you represent that you are or are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the HazardEye App.
General Conditions
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the App or access to the App or any contact on the App which is provided. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
If any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.
You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.
Modifications to the HazardEye App and Price Packages
Our aim is to provide the best possible product to ensure the health and safety of you and your workers. As such the product will undergo a process of continual improvement. Subject to the terms of your purchase prices for our product can change without notice. We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.
Accuracy of Billing and Account Information
It is in the purchaser and sellers’ best interest that all billing and account information is accurate. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the HazardEye App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the HazardEye App, other Apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related App, other Apps, or the Internet. We reserve the right to terminate your use of the HazardEye App for violating any of the prohibited uses.