1. This Agreement is between WHS Systems Pty Ltd (Ltd ABN 61 625 139 479) (the Licensor) and the Client (Licensee/End User) and sets out the Agreement relating to the supply of a licence to the Client for the use of Online WHS Systems (the system).
2. The Client (End User) agrees to pay the annual Licence Fee (the subscription amount) and all other relevant charges agreed to in writing by the parties to this Agreement on or by the due date and the Licensor agrees to supply the End User with the system for its use during the subscription period.
3. The Licensor also agrees to provide the Client with all reasonable assistance and services as set out in the subscription price quotation attached to this CSLA, and will use its best endeavours to assist the Client however practically possible to use the system to the best of the Client’s ability.
4. (i) The Client agrees to accept the system on an “as is” basis unless the Licensor has agreed to specific undertakings as set out in Clause 8 or Clause 9 of this CSLA.
4. (ii) The Licensor retains the right to update or modify the system as it sees fit and accepts no responsibility or liability for any unforeseen adverse impact on the Client’s use of the system as a result of these upgrades/software updates.
5. The Licensor provides no guarantee or undertaking that the mere installation of the system will provide the Client with full compliance with the Client’s statutory and other obligations relating to work health and safety matters. The System has been designed as a “tool” that can be utilised as an integral part of the Client’s overall WHS Management System (Work Health and Safety Management System).
6. The Licensor will use its best endeavours to align the language of the system to ISO 45001 wherever practically possible.
7. (i) This Agreement encompasses the terms and conditions set out in our website https://whssystems.com.au/terms-and-conditions/ “Online WHS System End user Licence Agreement” which forms part of and are to be read in conjunction with this CSLA.
7. (ii) By accepting this Agreement (CSLA) you warrant that you have read and understood the terms and conditions set out in this CSLA including without limitation all of the information referred to in 7(i) above and you agree to be bound by this Agreement.
8. Future Development
Any future development the Licensor has agreed to undertake should be listed by the Licencee on the System Registration Form. The Licensor will if requested provide an outline of this which can be either copied into or referenced in the registration form for the Licencee’s convenience. References to email correspondence will also suffice for the System Registration Form.
9. Integrations
Full access to the API is available to the Client via api.whssystems.com.au, which is included in any active subscription to Online WHS Systems at no additional charge.
Any additional integration or middleware components which have been agreed to or form part of a custom quotation should also be referenced in the System Registration Form. Otherwise should the Client require to integrate the system with 3rd party software, at any point in time, this would form the subject of a separate scope of works and which would be the subject of a separate quotation.