In these terms and conditions ‘we’ or ‘us’ shall mean My Safety Works, its successors and assignees. ‘You’, ‘Your’, ‘Buyer’ or ‘Consumer’ means the person, organisation or entity that purchases or purchased documents, products or services or related materials from us.
These terms and conditions form the agreement under which we will supply documents, products and services to you.
Please read the terms and conditions carefully before making a purchase.
If you have any questions, please contact us before you purchase any documents, products or services. You can contact us at firstname.lastname@example.org
These terms and conditions apply to all sales made by us to the consumer through our website available at www.mysafetyworks.com.au
If you do not agree to the terms and conditions, please do not purchase from us.
Any purchase from us indicates that you have had sufficient opportunity to access our terms and conditions, and have accepted and will comply with the terms and conditions.
2. General Information
While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services or related graphics contained on the website for any particular purpose.
You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will provide a confirmation of account registration when you register on our website. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
You may order with us as set out on our website.
We may at our discretion accept or reject an order depending on factors including our ability to validate payment for the products or services.
It is your responsibility to check the details of an order before it is completed, particularly the product and pricing.
When you order on our website and your payment has been validated, we will provide you with an order ID number and a description of what was ordered.
Once we have provided you an order ID number, a binding agreement comes into existence between you and us. No changes to the terms and conditions will be effective unless we both agree to the changes in writing.
You agree to pay the purchase price specified on the website at the time that you place your order for the purchase of a product or service. All amounts are stated in Australian dollars. All purchase prices are inclusive of Australian Goods and Services Tax (GST). If you need a separate invoice identifying GST of 10% please email us.
You must pay for the product or service through the website by credit card unless otherwise agreed to with us. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, then your order will be cancelled.
We can provide our documents or products to anywhere in the world that has access to our website.
The documents or products will be available for download following the payment being processed successfully. You will also receive an email from us with a link to download your purchase. There is no hard copy sent or posted.
The title in the products will not pass to you until your payment has been processed or otherwise received by us. If your payment is declined for any reason, we reserve the right to reclaim the documents or products from your possession, custody or control, even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the documents or products.
If there is a considerable delay in providing you with the documents or products, we will contact you using the contact details provided by you when you completed your order and offer you a refund.
Any circumstances beyond our control resulting in risk, loss, damage or deterioration to any documents or products will pass to you on delivery.
7. Discount Codes and Promotions
We may from time to time offer promotional discount codes, which may be applicable to documents or products on the website. These discount codes must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.
8. Intellectual Property
Intellectual property includes, but is not limited to:
- All present and future rights to intellectual property including inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction.
- All rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product.
- All work product developed in whole or in part by us.
Unless otherwise stated, My Safety Works and/or its licensors own the intellectual property rights for all documents, products and materials.
You must not:
- Republish documents, products or materials from My Safety Works.
- Sell or rent documents, products or materials from My Safety Works.
- Reproduce, duplicate or copy documents, products or materials from My Safety Works.
- Commercially exploit documents, products or materials bought from My Safety Works.
- Redistribute content, documents, products or materials from My Safety Works (unless approved or unless specifically developed for redistribution).
By agreeing to these terms and conditions you understand that you are purchasing a single user licence for any document (e.g. plans, systems, safe work method statements, procedures or other My Safety Works documentation). A single user licence can only be used by the company purchasing the documentation or product for compliance or its own use.
Documentation cannot be forwarded to a third party for commercial benefit, or resold for any reason whatsoever without written permission from My Safety Works.
Consultants are required to obtain a separate licence or approval in order to supply My Safety Works documents to a third party.
Documents purchased from My Safety Works may be submitted for tender application purposes on a confidential basis, and at no time are documents to be used for public distribution.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the terms and conditions.
We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our website at our sole discretion, without incurring any liability to you.
12. Force Majeure
We will not be liable for any delay or failure to perform our obligations under the terms and conditions if the delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least two months, we may terminate our agreement with you by giving you five business days’ notice in writing.
Any notice in connection with the terms and conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given, or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
Any failure by a party to insist upon strict performance by the other of any provision in the terms and conditions will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the terms and conditions shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
If any of the terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Jurisdiction and Applicable Law
Your use of our website and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These terms and conditions are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The site may be accessed throughout Australia and internationally. We make no representation that the site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place from where you access the site.
17. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.
These terms and conditions may be amended from time to time, without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current terms and conditions before purchase. Our agents, employees and third parties do not have authority to change the terms and conditions.
19. Dissatisfaction with our Products or Services
If for any reason you are not completely happy with your purchase, contact us immediately and let us know:
- Exactly why you are dissatisfied.
- The date of the failure.
- When and how you discovered the failure.
- The result of the failure.
- Your suggestion as to what action we should take to resolve the situation and restore your faith in us.
To do this, it is essential that you contact us via email at email@example.com
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing any unwarranted negative/damaging comment, arbitration or litigation.
These terms and conditions shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International sale of goods, the application of which is hereby expressly excluded.