Terms & Conditions
Index
General
[last updated January 2022]
We are safety management solution providers. We understand that developing and implementing a safety program can be difficult, so we have created automated systems to help you manage your fire and safety obligations.
By using our website or our services, you are agreeing to be automatically bound by the legal terms and conditions applicable to your use of our website or services. Our legal terms include these general terms, disclaimer, Safetyhut User Terms & Conditions, privacy policy and terms of use, and any other legal notices we provide to you in writing (collectively referred to as ‘terms’). If you do not agree with any of these terms, your remedy is to cease using our website or services.
We may update our terms from time to time and the new terms will take effect from the date they are uploaded to our website. We have included a ‘last updated’ date at the top of each section to help you keep track of any changes.
In our terms, when we talk about ‘Safetyhut’, ‘us’, ‘our’ or ‘we’ it means 29 656 470 914 and includes our directors, employees, agents, successors and legal assigns.
When we talk about ‘you’, ‘user’ or ‘your’ means you, the user of our website or services (‘online services’) and includes your employees, agents, successors and legal assigns (as applicable).
Our website means https://www.safetyhut.com.au
Relationship – No joint venture, partnership, employment, or agency relationship exists between you and Safetyhut as a result of these terms or your use of Safetyhut services. We are independent contractors only.
Waiver – Any time or other indulgence granted by Safetyhut to you will not in any way amount to a waiver of any of your obligations or any of Safetyhut’s rights or remedies.
Assignment – You must not assign, sublicense or otherwise transfer your rights under these terms without prior notice to us. We acknowledge that a sale of business may require the assignment of your subscription.
Notice – You agree that we may provide notice to you via email, to the last email address provided by you to us, or via in software notification, and that you may provide notice to Safetyhut by email to info@safetyhut.com.au.
Governing Law – This agreement is governed by the laws of Queensland, Australia. You agree to be subject to the jurisdiction of the courts of Queensland, Australia if there is a serious dispute between us.
Validity – If any of these terms are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect
Authorised use – Use of Safetyhut is not authorized in any country that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a country where the use of Safetyhut is unauthorised, it is your responsibility to stop using it.
Terms of Use
[last updated January 2022]
No unlawful or prohibited use
As a condition of your use of our online services, you warrant (promise) that you will not use our online services for any purpose that is unlawful or prohibited by these terms of use. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
You expressly agree not to:
- engage in threatening, harassing or defamatory behaviour,
- engage in any internal or external spamming, or other similar actions,
- engage in any unlawful or immoral acts, or acts which are in violation of our terms,
- hack into areas of our online services that are not intentionally made available to you,
- decompile, reverse engineer, or try to copy or imitate our online services or underlying content.
Copyright, trademarks and other intellectual property
Title to and all intellectual property rights in the software, website, our services and any documentation provided by us to you remains the property of Safetyhut or the relevant owner.
All intellectual property in the software remains owned by Workhub Software Corp or Workhub Software Inc (‘WorkHub’). All Intellectual property in the documentation remains the property of Safetyhut. You do not have ownership rights to the software, our documentation or any adjustments made to customise your dashboard for the software.
You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into other works, promote, create derivative works, frame, reproduce, republish, display, post, transmit, or in any way exploit or allow others to exploit the intellectual property of WorkHub or Safetyhut, in whole or in part, without our express prior written permission.
Nothing on our online services can be interpreted to give you any rights or ownership to the software or documentation by implication, estoppel or otherwise, without the express prior written permission of the relevant owner.
Permission to use intellectual property
You may access, download, or print public material from the website for your personal use only. Sharing without prior permission is expressly prohibited. You are not permitted to use our copyright material for commercial profit of any sort. This means you cannot resell our services or copyright material without our express written permission. You agree not to change or delete any copyright or proprietary notice from materials accessible through this website.
Your permission to use the software and documentation expires at the end of your subscription and you will not be able to take supplied documentation for use in a different system.
Please contact info@safetyhut.com.au if you require permission to reproduce any of the contents of any part of our online services.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use the content of our online services or our intellectual property.
Copyright infringement
If you believe that there is material on our website that infringes third party intellectual property rights, please contact us at info@safetyhut.com.au with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Security
We use commercially reasonable efforts to maintain the security of our online services. However, we do not guarantee the security of our systems, our records or your data.
Continuous access to Safetyhut online services is dependent on third party services and may require network connectivity and location services to function. Poor signal quality due to your location or service provider may slow down or prevent functions from working at optimum speed, or at all. If you have concerns regarding the quality of your signal strength, please contact your network service provider directly.
Due to dependence on third party services, as well as our own internal scheduling, Safetyhut online services may be inaccessible from time to time.
Safetyhut disclaims all liability for any computer virus, malware or technological problems that were not intentionally caused by it or are beyond Safetyhut’s control. You are encouraged to install and maintain up-to-date security software on your devices.
Limitation of liability
To the maximum extent permitted by law, any terms that would otherwise be implied by legislation, common law, equity, trade, custom or usage are excluded, as is any liability for indirect or consequential loss arising in connection with the use of Safetyhut online services.
Nothing in these terms and conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy conferred by law that cannot be excluded, restricted or modified by agreement.
Where Safetyhut’s liability cannot be lawfully excluded, it is limited at the option of Safetyhut to:
- the resupplying of access to Safetyhut online services, or
- promptly remedying the fault in promptly remedying the fault, or
- the refund of the amounts paid by you for your access to Safetyhut online services for the previous 6 months of access, or lesser period the complaint or action relates to.
The parties agree that Safetyhut’s total aggregate liability for all claims relating to the supply of the software, documentation, services or online services, including liability for breach, in negligence or in tort or for any other common law or statutory action is limited to the equivalent of the amount you paid to Safetyhut in the 6 months immediately preceding the circumstances of the claim.
Indemnity
You agree that your access to and use of Safety Hut online services will be at your sole risk.
You agree to indemnify and defend Safety Hut from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees), relating to:
- any personal injury, death or damage to tangible property suffered by you or any third party in any way associated with your use of Safety Hut online services,
- any claim by a third party arising out of your use of Safety Hut online services,
- your unauthorised use of Safety Hut online services, or
- your breach of Safety Hut terms of use for online services or other agreement you have with us.
Either party’s liability for any claim relating to these terms will be reduced to the extent to which the other party’s negligence contributed to the damage relating to the claim.
Disclaimer
[last updated January 2022]
This is a disclaimer covers information available from our website at https://www.safetyhut.com.au as well as our services, documentation and access we provide via your software subscription. Our related businesses, including Your Safety Stock, will have their own disclaimers.
As a safety management solutions provider there are some limitations on the services we offer. This disclaimer sets out important limitations.
General Disclaimer
We do not guarantee that use of our services will ensure your business is current or compliant with relevant industrial relations, fire, safety or workplace health and safety laws or regulations or industry codes of conduct, that our software or documentation is up to date with all current laws, or that your use of the software will make you compliant with any law. Compliance in these areas remains your primary responsibility.
You must use your own skill and judgement, and seek independent legal advice if appropriate, to ensure you and your business complies with the legal requirements regarding Industrial Relations, Fire Safety, Work Place Health and Safety and any other law. This is your obligation, not ours.
While we can provide tools to assist you, we have no control over how you use those tools or how our services interact with other systems you have in place in your workplace or business. For compliance purposes, you may need additional information, assistance or documentation in addition to that provided within our services.
The services we provide are in part, dependant on the accuracy, completeness and quality of the information and instructions you provide to us about your business, polices and requirements. We accept no liability for harm or loss you suffer if you provide us with information that is inaccurate, incomplete or misleading. We also accept no liability for your application, or misunderstanding of the intended application, of our services to your scenario.
We take no responsibility for the validity or accuracy of any information shared or received through our website or services.
Our consultancy services are provided to assist you in setting up our software services to make the software as effective as it can be for your business. Our consultancy services are not to be used in place of professional advisors such as a specialist WHS or HR provider.
We will not be liable to you or any other person in any way for any losses and or damages arising as a result of your use of our website or services, or the outcome of the application by you of information you obtain from our website or services, subject to applicable consumer law.
Our services are designed to be used within Australia and are based around Australian legislation. If you are accessing our website or services from another jurisdiction, the information may not be suitable for your use, and you accept complete responsibility for any outcomes.
While we endeavour to keep our information and services accurate and current, we make no warranty that our services or our website will be up-to-date, error free, suitable for your use or accessible at all times.
Any content on our website or within our services is provided for your information only. It does not take into account your specific circumstances and is not professional advice.
External Link Disclaimer
Our online services may contain links to other websites (linked sites). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site.
Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
External sites may have different terms and conditions and privacy policies which are beyond our control. We encourage you to check the terms of these sites.
Safetyhut User Terms & Conditions
[last updated March 2022]
This is the agreement between you and Safetyhut relating to your use of the software, any documentation we provide to you for including in your dashboard and our services for helping you get set-up, started and resolving any problems.
How it works
We are an authorised distributor of WorkHub software, enabling the digital management of safety risk assessment processes to enhance safe work practices (‘software’).
You agree to pay monthly fees for continued access and use of the software and our support services and documentation consistent with the level of subscription you have chosen.
Depending on the package you have chosen, we will help you with installation and set-up of the software, implementation in your business and consultancy services.
By purchasing a subscription through Safetyhut you are issued a licence (permission) to use the software by WorkHub, and your access to the software is dependant on your continued payment of your subscription fees.
You agree to be bound by the term of use of the software, including any updates from time to time, which can be found here: https://www.workhub.com/terms.
We have obligations to WorkHub in relation to your use of the software. By entering into this End User License Agreement (‘EULA’) you also agree to be bound by those obligations.
As long as you continue to pay your subscription fees, Safetyhut grants you a non-exclusive, non-transferable licence to use the documentation we provide to your organisation as part of set-up or in response to a service request. That documentation is made available solely for its intended purpose and will not be available to you after your subscription comes to an end.
Nothing in this agreement can be interpreted to give you any rights or ownership to the software or documentation by implication, estoppel or otherwise, without the express prior written permission of the relevant owner.
Support and Consultancy Services
We will provide support services in a professional and competent manner.
We will give you an estimate for how long it will take to get you set-up. If that timetable is going to change for any reason will notify you as soon as possible.
Our services do not include customisations to the software. Although we may provide additional content or optimise the appearance of your dashboard as part of our services, we do not write code or create plug-ins for the software.
Ongoing support services are available based on the subscription package you are paying for. Support services are only available within business hours. Please make support requests via the contact information for support services and we aim to respond in a timely manner.
Business hours means the hours that banks in Townsville, Australia are open to the public. This is generally 9am – 5pm, Monday to Friday, excluding public holidays in Townsville, Australia.
We can help you with additional consultancy services after set-up and will let you know if those services are included in your subscription, or extra, and what the cost will be before we deliver those service.
Support services are provided remotely via phone, email or video conference (or similar). No on-site services are available.
Your Safetyhut Account
You must be 18 years of age to set up an account.
You agree to provide true and correct details when setting up your account. You agree not to create more than one account with Safetyhut, unless you first let us know, and we can link your accounts.
You agree that you will not share your Safetyhut username and password with anyone who is not specifically authorised by you to access your account. You will take all reasonable steps to ensure that no unauthorised person is able to access your account.
You are solely responsible for any costs, expenses, actions and claims made in relation to the use of your account.
You agree that we can contact you as and when needed to provide the services offered by Safetyhut via the email address that you use to set-up your Safetyhut account. You acknowledge that it is your responsibility to keep your contact details up to date.
License to use the software
Provided your subscription is fully paid and you are not otherwise in breach of these terms or any other agreement you have with us, when you download/install the software, we grant you the right to use the software for the business purposes of the business you registered with us at the time of subscription. Where you have purchase subscriptions for employees, we grant the right for that employee to use the software for their individual use at work, while they are employed by you.
You do not have any ownership rights to the software. This applies even if we assist you to make dashboards look like they are part of your business.
Your right to use the software is not exclusive, and others will also be granted the right to use the software.
The license granted to you is not transferrable to anyone else and is limited by the terms of this agreement.
Your Responsibilities
When using the software, in addition to your obligations under our terms of use, you agree:
- to provide true and correct details when you set up your account,
- to accurately disclose the number of employees who will be using the software,
- to keep your contact details up to date,
- to pay subscriptions, invoices and fees owing to us in full and on time,
- to keep all username and passwords secure and confidential and not to share the access details with anyone other than the person entitled to use them,
- if you are an employer, to educate employees on the correct use of the software and monitor for appropriate usage and to ensure that an employee’s username and password is de-activated within 7 days of their employment being terminated by you and email our customer support to update the subscription details,
- if you are an employee, to only use the software for its intended use as part of your work duties, to follow directions given by your employer in relation to the software and to immediately cease using the software if your employment is terminated,
- to immediately notify us of any unauthorized use of your passwords or other breach of security,
- to install updates of the software if updates are provided (although we are not obliged to provide updates),
- not to enable any third party to use your access to the software,
- not to introduce viruses, malware or other damaging things or code into the software,
- not to use the software in a manner that could damage, disable, overburden or impair the software or interfere with any party’s use and enjoyment of the software.
If you breach your responsibilities or other parts of these terms, we may terminate your access and you may be subject to prosecution and damages.
Fees and Payment
Subscription fees are charged in $AUD or $NZ and inclusive of GST unless otherwise stated on our website.
When you subscribe for use of the software, your subscription fee includes support services applicable to your level of subscription.
Subscription payments are payable monthly, in advance and will be charged by direct debit. You will be agreeing to direct debit terms and the time of confirming your payment details.
You agree to pay any applicable surcharge on payments made by credit card or other payment types.
If any payment is dishonoured for any reason you agree to pay any dishonour fees incurred by Safetyhut.
There are no refunds payable if you do not access or utilise the software or our other services.
Your access to the software, documentation and our services will end at the end of the period of your current paid subscription.
Termination
You may cancel your subscription at any time.
We may cancel, suspend, remove, or disable your access to the software or cancel this license:
- by giving you 14 days’ notice if your subscription is overdue, or
- immediately with no notice if we believe that you have failed to comply with this agreement, or
- if our distributor agreement with WorkHub is terminated, we may automatically cancel your access to the software.
This license is effective until cancelled by you or Safetyhut. Once ended the rights given to you under this license will end automatically and you must remove the software from your devices and/or operating systems.
Special termination
If you are an employee, this special termination clause applies to you.
This license will automatically terminate, without notice to you, if your employment ends with the employer who supplied you with your log-in details. To be clear, if your employment ends, you must not use your log-in details or access the software in any way. If you start work for another employer that also uses the software, you will be issued with new log-in details.
If our agreement with your employer ends, your license will be terminated on the same date without notice to you.
Copyright, trademarks and other intellectual property
Third Party Intellectual Property
You warrant (promise) that you have the right or license to use any and all information, including SWMS’s, provided to us for uploading to the software on your behalf. You agree to indemnify us against any loss or damage (including consequential loss) that may result from any information uploaded to the software, including but not limited to copyright breach or other intellectual property infringement.
Your data
Title to and all intellectual property rights in your data or your employee’s data remains your property. Access to that data is dependent on your adherence to this agreement and payment of any associated fees or amounts payable to us in full and on time.
You grant Safetyhut, and our service partners, a license to use, copy, transmit and store your information and data for the purposes of enabling your access to the software and the provision of our services.
While all care is taken to store your data, the software is not designed as a backup system and should not be relied on in that way. We will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure of any stored data.
All information or data uploaded is the sole responsibility of you or the person providing the data. We are not responsible for this content and will have no liability in respect of the quality of the data, or any third-party rights in respect of that data.
If this agreement is terminated, we will request a copy of one complete electronic copy of your data from the WorkHub, however we cannot warrant that this will be supplied. We suggest you regularly back-up your data.
Security and accessibility
We make commercially reasonable efforts to maintain the security of our systems, we do not guarantee the security of the software or our systems, records or your data.
Continuous access to the software is dependent on third party services as well as our WorkHub’s internal scheduling. As a result, the software may be inaccessible from time to time.
Safetyhut disclaims all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer. We do not warrant that the software is free from viruses, malware or similar damaging code.
We cannot guarantee that the software will remain error free at all times. We will not be liable for any periods that the software is not functioning or is malfunctioning.
Confidentiality
Each party will keep confidential any information received from the other party which is identified as confidential or which by its nature would be expected to be kept confidential and will not at any time, directly or indirectly:
- disclose or permit any confidential information to be disclosed to any person, or
- use confidential information to the detriment of the party from whom it was received,
except
- to the extent required by law, or
- to the extent the Confidential Information is already known to the recipient on the date of receipt or is already public knowledge without a breach, or
- as is authorised in writing by each other party, or
- as is reasonably necessary to give effect to these terms.
