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Terms and Conditions

In using the WHS Systems website or web-app you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
1. excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
2. excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Customer Indemnity

The User will defend, or at its option settle, any third party claim or suit brought against the Company and its service providers on the basis of any breach by the User of this Contract (or any act which, if true, would be a breach of this Contract) or any use or reliance by the User of or on any Product or Product Data or any representations, public comments or promises made by or for the User to others due to or based on any Product or Product Data, and will pay any final judgment entered against the Company and its service providers or any settlement of such claim or suit and any costs incurred and recovered in such negotiations and litigation will be to the account of the Customer.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. Specifically we use IP addresses as a security measure in the case of threats and/or abusive behaviour to pass along to authorities. Additionally, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information may be shared with third parties.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in Australia and other countries. The brand names and specific services of this Company featured on this web site are trade.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.
This company is registered in Australia

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Australia govern these terms and conditions. By accessing this website and App you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Software as a Service

The Client pays the Company for continued access to the Software. Support services are supplied via the help section, online webinars, online meetings, email and phone support. It is the client’s responsibility to request help should the client need assistance.

The Company is not accountable if the Client does not use the software. The Clients failure to pay the Companies invoices may result in access to the system being suspended or terminated.

Limitation of Liability

To the maximum extent permitted by law, Online Compliance Systems Pty Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site / App or any information contained therein. Users should be aware that they use the Web Site / APP and its Content at their own risk.

Limitation of Liability – Third Party Consultants

To the maximum extent permitted by law, Online Compliance Systems Pty Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the services of third party consultants in the set up/assistance of the Companies product.
Whereas every precaution is taken screening a consultant interested in promoting the company’s products. The Client should exercise their own due diligence when engaging any external contractor and the client uses any contractor at their own risk.

Third Party Commission

It is understood by the Client that if the third-party consultant sells or recommends the Companies product to the Client that the third party may receive an upfront or ongoing commission.
It is further understood that any resulting commission does not affect the cost of the system for the clients (that is, it’s the same cost whether the client directly signs up, or is referred/registered through a third party).

Refund Policy

Refunds will not be provided for any monthly or yearly subscription. We do not provide credit, refunds or prorated billing for monthly or yearly subscriptions that are cancelled mid-month.
In such circumstances, you will continue to have access to your subscription until the end of the chosen billing cycle.
If you have selected the monthly billing cycle, as per the sign-up form states “there is a minimum of three (12) months to be billed before a cancellation can take effect”
The following purchases are neither returnable nor refundable as part of the money-back guarantee:
These terms and conditions form part of the Agreement between the User and ourselves. Your accessing of this website and/or app indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Tax

It is the responsibility of the users of the WHS Systems website and or App to ensure they have sought independent taxation advice as to whether tax needs to be paid on behalf of those who a referral fee is being paid to. Online Compliance Systems Pty Ltd is in no way liable for the taxation liabilities or matters of any users

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.