Terms and Conditions
Global Safety Index Pty Ltd – ACN 160 014 031
1 Introduction
1.1 By accessing and using this site you accept and agree to be bound by these Terms. You should review them carefully. If You do not accept these Terms You must not access or use the Site.
1.2 Our privacy policy and all other notices and communications we provide through the site will form part of and be subject to these Terms. Unless otherwise specified, to the extent of any inconsistency or conflict between information in any communication or notice and these Terms, these Terms will prevail.
1.3 We may change these Terms at any time without notice. Please review these terms regularly when you access the Global Safety Index to ensure you are aware of any changes made.
2 Definitions
Account means an account registered through the site by a User.
Application means a method of accessing the site other than navigating to the site using a web browser.
Content means the Index, Index Data, Tools, other data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Site.
Digital Product means a product which is delivered electronically to the purchaser or user via the Internet.
Direct Communication means email, SMS, instant message or any other direct electronic communication.
Direct Marketing means one to one marketing using personal details (e.g. name, address, email address), normally supported by a database, which uses one or more advertising media to effect a measurable response and/or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.
GSI Intellectual Property means all Intellectual Property in the Content.
GSI Research Product means a report, analysis, research paper, opinion or similar information which relates to workplace health and safety issues prepared by Us or on Our behalf and based on information contained in the Index.
Index means the collection of data and creation of pooled sets of data relating to health and safety in the workplace which We make available to Members to compare their health and safety data against and generate Index Data Products.
Index Data means data or information supplied by a User which becomes part of the Index.
Index Data Product means any Products such as reports and comparative analysis outputs, derived from or based on the Index using the Tools and GSI Research Products.
Intellectual Property means all statutory and other proprietary rights in respect of all intellectual or industrial property including all trademarks, patents, copyright, confidential information and all other intellectual property as defined by Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967 and the right to register them.
Member means an individual who has registered an Account and complied with the requirements of clause 6.
Membership Fee means any fee required to become or maintain the status of a Member.
Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
Physical Products means any product which is not a Digital Product.
Privacy Laws means any legislation enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth).
Product means Physical Products and/or Digital Products as the context requires.
Services mean the service offered by Us through the Site to Members in relation to generating Index Data Products.
Site means all web pages located at http://www.globalsafetyindex.com including all sub-domains and related sites containing the Content and Services and any other features We make available through the site, Applications or any other online channel, software, devices or networks whether currently existing or developed in the future.
Terms means these website terms and conditions between You and Us.
Tools means online calculators and other analytical tools, templates, formulas or software available through the Site which can analyse data and generate reports and other outputs based on that data.
Transaction means any purchase or payment facilitated by or completed via the Site, for example payment of Membership Fees or payment for Products.
Us, We and Our mean Global Safety Index Pty Ltd – ACN 160 014 031 of 19/3 Brown Street, Kiama, NSW 2533
User means a member or any other person who uses or accesses the Site.
User Contribution means any Content or other material submitted to or posted on the Site by a User.
You, Your means you as a User or Member of this Site.
3 Access and use of the Site
3.1 You acknowledge and accept that access to and use of parts of the Site may:
(a) be restricted to Members;
(b) be subject to terms and conditions in addition to these Terms; or
(c) require payment
3.2 If You are a Member You acknowledge and accept We may, at Our discretion, create different Membership levels which:
(a) have varying rights to access and use the Site and Services; and
(b) may be subject to terms and conditions in addition to these Terms;
3.3 The imposition or removal of any access or use restrictions for any part of the Site is at Our sole discretion.
4 Privacy
We are committed to protecting Your privacy. Please refer to our privacy policy or further details on how we collect and protect your information.
5 Registering an Account and becoming a Member
5.1 To register an account you must:
(a) validly enter your email address, a password and all other information requested in the registration section of the Site; and
(b) Complete your organisation profile
(c) signify your acceptance of these Terms through use of the system.
5.2 Accepting these Terms is an important part of the registration process and you should carefully read these Terms before registering an Account with Us.
5.3 You must keep your Account password confidential. You are responsible for any activities or transactions made using your account and we are not liable for any damage or loss which results from unauthorised access to your account. You must immediately notify Us of any unauthorised access or use of Your Account of which You become aware via support@globalsafetyindex.com
5.4 Your account is not transferrable and You may only register one Account.
6 Members
6.1 To become a Member you must:
(a) review and accept any additional terms and conditions which apply specifically to Your Membership. If there are any additional terms they will be displayed during the Member registration process and must be accepted; and
(b) pay the Membership Fee.
6.2 The Membership Fee must be paid annually unless otherwise agreed. To maintain your status as a Member you must pay any Membership Fee by its due date. Failure to pay Membership Fees within the required time may result in the forfeiture of Your Member status and all related access and use privileges for the site.
7 Supply of Index Data
7.1 The Index and value of the Services provided through this Site is enhanced by the accumulation of data and information from sources including Users, publicly available information, government agencies and other third parties. In order to enhance and grow the Index we collect Index Data from You when You use the Services. You are able at any time to supply any additional Index Data to us.
7.2 All Index Data is collected, supplied and used subject to these Terms and in particular clauses 7, 8, 9 and 10.
7.3 You agree that any Index Data You supply to us will be entirely at your own cost.
7.4 Both you and we agree to establish and maintain sufficient systems to ensure you and we retain the capacity to transfer or receive the Index Data.
8 Ownership and use of Index Data
8.1 You retain the ownership of and all rights in the Intellectual Property in Your Index Data.
8.2 By submitting Your Index Data to Us, You grant Us a non-exclusive, irrevocable, perpetual, royalty-free and worldwide licence to incorporate Your Index Data in the Index and make it available to Members for use on these Terms.
8.3 Subject to clauses 8.1 and 8.2 You acknowledge we own the Intellectual Property in the Index.
8.4 Notwithstanding clauses 8.1 to 8.3, the party that creates an Index Data Product from Index Data owns the Index Data Product.
9 Obligations of Parties
9.1 Data Integrity
You:
(a) must not corrupt or introduce any errors into Your Index Data; and
(b) must advise the us of any errors in Your Index Data as soon as they are identified.
9.2 Confidentiality
In addition to the obligations in clause 20, to the extent the Index contains any confidential information or the Intellectual Property of third parties (Third Party Content) You agree You:
(a) can only use Third Party Content in accordance with these Terms for generating Index Data Products; and
(b) will not provide to any other person or directly or indirectly assist another person to obtain any Third Party Content.
9.3 Access to Index and Index Data
(a) We will only provide access to the Index and Index Data to Our:
(1) employees, agents and contractors who have agreed to keep confidential Index Data and the Index and need access for the purpose of Us providing the Services and performing Our obligations under these Terms; and
(2) Members who have first agreed to these Terms.
(b) We will take reasonable steps to maintain and safeguard the security of the Index Data in Our databases.
9.4 Identity
(a) You acknowledge Your Index Data will be incorporated with other data and information as part of the Index and You may be able to be identified from the Index Data.
(b) If You do not wish to be identified from the Index Data, You must:
(1) remove all identifying marks prior to providing the Index Data to Us;
(2) notify Us in writing that You do not wish to be identified from the Index Data; and
(3) authorise Us to amend any Index Data as We see fit to make the Index Data anonymous, although this imposes no obligation on Us to do so.
9.5 Permitted Use
You authorise Us to do all and any of the following:
(a) use the Index Data for the Index and Our own internal business purposes for the delivery of the Index;
(b) combine the Index Data with other data owned by or licensed to Us to create Index Data Products; and
(c) supply Index Data Products to third parties subject to these Terms.
9.6 Prohibited Use
We will not:
(a) use or supply Index Data:
(1) for any purposed other than the provision of the Services; or
(2) to any party for Direct Marketing; and
(b) use the Index Data or Index Data Products for Direct Marketing or with the intention of encroaching upon the privacy of an individual and must comply with the Privacy Laws.
9.7 Copying and storage of Index Data
We are permitted to make copies of the Index Data for the purpose of providing the Index and for security purposes and backup.
9.8 Exclusion of liability for Index Data
Except for warranties expressly made in these Terms, all conditions, warranties, undertakings or representations express or implied and whether arising by statute, general law or otherwise in relation to the Index Data are, to the extent permitted by law, expressly excluded and these Terms are the only terms and conditions applicable to You and Us. Where the law implies a warranty, You expressly limit Your liability under any such warranty to the replacement or re-supply of any Index Data supplied under these Terms.
10 GSI Research Products
(a) From time to time We may use the information and data in the Index to prepare GSI Research Products which We may make available to Members.
(b) In preparing the GSI Research Products We will not, without Your express consent:
(1) identify You (including information from which You can be identified); or
(2) include information which You have previously indicated to Us is confidential in nature.
11 Inconsistency
In the event the above clauses 7, 8, 9 and 10 are inconsistent with the remainder of these Terms in relation to the provision and use of Index Data, clauses 7, 8, 9 and 10 will prevail.
12 Content
12.1 We derive Content from sources which We believe are accurate and up to date as at the time of publication, however, We do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via GSI.
12.2 You indemnify and release Us from all liability for any claim or loss that directly or indirectly results from Your reliance on any Content.
12.3 We may engage third parties to author, design or provide Content. You acknowledge and agree that in relation to all Content contributed by third parties:
(a) any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.
13 Tools
13.1 We provide a number of Tools to enable You to analyse the Index and generate Index Data Products. You acknowledge and accept that when using Tools and generating Index Data Products:
(a) the processing, analysis and outputs generated by Tools and contained in any Index Data Products are dependant on the accuracy and suitability of the data You provide and input into the Tool;
(b) any Tools utilise processes and calculations which are intended to have a general application and accordingly may not be suitable for Your specific requirements; and
(c) all Tools, and any Index Data Products or other output generated by Tools, are intended to provide guidance only and any reliance You place on the Index Data Products or other outputs and results generated by Tools is entirely at Your own risk.
13.2 All data and information you upload to a Tool will be handled in accordance with our privacy policy
13.3 Only Members are permitted to make Transactions through the Site.
13.4 All Transactions made through the Site will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
13.5 All Products and Services offered on the Site are subject to the restrictions and disclaimers contained in these Terms in addition to any other conditions which apply to that Product or Service.
13.6 By completing a Transaction You agree to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Site it can not be cancelled or reversed.
13.7 You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised:
(a) interception, modification or diversion of a Transaction request or delivery of a Product;
(b) access or copying of details relating to a Transaction (including personal or financial information); or
(c) failure to deliver a Product, where that failure is not directly caused by Our deliberate actions.
13.8 We reserve the right to modify, suspend or cancel any Transaction for any reason.
14 Payments and Goods and Services Tax
14.1 To the extent that any Transaction is a taxable supply, the consideration for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply.
14.2 Both parties agree to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable pursuant to any supply made under or in connection with these Terms.
15 Communications from Us
All Direct Communications from Us to You will be in accordance with our privacy policy
User Contributions
15.1 Users may be able submit or post User Contributions on different sections of the Site.
15.2 By submitting User Contributions to Us, You grant Us a non-exclusive, non-transferable, irrevocable, perpetual, royalty-free and worldwide licence to use and deal with Your User Contribution.
15.3 We do not warrant and cannot ensure the security of any User Contribution You may transmit or upload to the Site.
15.4 You warrant You will not enforce any Moral Rights You may have in any User Contribution and You agree that We may use Your User Contribution in any manner which We see fit without acknowledgement or reference to Your Moral Rights.
15.5 User Contributions must not, in any way whatsoever, be potentially or actually harmful to Us or any third party, where “harm” includes, but is not limited to non-economic loss that will or may be suffered by Us. Without limiting any provision of these Terms, You warrant that User Contributions:
(a) are not:
(1) false, inaccurate or misleading or deceptive;
(2) fraudulent or involve the sale of counterfeit or stolen items;
(3) infringe any third party’s Intellectual Property, rights of publicity, confidentiality or privacy;
(4) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and the Competition and Consumer Act 2010 (Cth));
(5) defamatory, libellous, threatening or harassing;
(6) obscene or contain any material that, in Our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(b) do not:
(1) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Site, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
(2) create liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
(3) in relation to the supply of Index Data, fail to observe the Moral Rights of any individual at the time the Index Data is supplied to Us.
16 Indemnity
You indemnify Us from and against any loss or liability (including reasonable legal costs and expenses) incurred by Us arising from Your breach of any of the warranties contained in clause 17.4 and any claim, demand, suit, action or proceeding by a third party against Us in relation to infringement of that third party’s Intellectual Property in Your User Contribution.
17 Closing Your Account
17.1 You may cancel Your Membership and close Your Account at any time.
17.2 We reserve the right, without notice to You and at Our complete discretion, to refuse to register Your Account or close Your Account if We believe You:
(a) have breached any part of these Terms;
(b) are likely to breach any part of these Terms; or
(c) have acted against Our business interests or Reputation.
17.3 You will not be entitled to recover any Membership Fees if Your Account is closed in accordance with this clause 18.
18 Intellectual Property
18.1 By accessing and using the Site You acknowledge and agree:
(a) that We are either a licensee or owner of all rights, titles and interests in the GSI Intellectual Property and You will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the GSI Intellectual Property in any way, or do any act which may diminish the value of the GSI Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of GSI Intellectual Property is strictly prohibited unless necessary for and incidental to Your access and use of the Site and its Services; and
(c) other than as permitted under these Terms, You must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any GSI Intellectual Property or any Index Data without Our prior written authorisation.
18.2 Certain software and other content provided or available through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Terms.
18.3 You agree to use the site for lawful purposes only.
19 Modifying and terminating the Site
19.1 We reserve the right to modify, update or suspend or terminate access to the Site or any part of the Site at any time and at Our absolute discretion, without notice or liability to You.
19.2 Any change or modification to the Site or these Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to You, You must not use the Site. If following any such change or modification You continue to access or use the Site, Services or Content, then You will be deemed to have accepted those changes or modifications.
20 Hyperlinks
20.1 We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on the Site;
(b) site framed within the Site; or
(c) advertisements displayed on the Site.
20.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 22.1.
20.3 Hyperlinks are provided for Your convenience only and may not be current or operational. Our use or inclusion of a hyperlink is not an endorsement, approval or recommendation of the linked website or its content.
20.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites You should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at Your own risk absolutely.
21 Disclaimer
21.1 ALL CONTENT, TOOLS OR OTHER DATA ON THE SITE IS PROVIDED AS GENERAL GUIDANCE ONLY AND SHOULD NOT BE USED FOR ANY SPECIFIC PURPOSE OR IN SUBSTITUTION FOR SPECIALISED INDEPENDANT ADVICE.
21.2 You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something You have read on the Site.
21.3 If You have a question or concern about the appropriateness or application of anything on the Site or the content of any Index Data Product You must seek advice from a relevantly qualified professional.
21.4 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Site or Content for any particular purpose or specific business or that the Site and any Index Data Products generated can be used in relation to any business in substitution for proper specialised independent advice.
21.5 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from Your reliance upon the Site or any Index Data Products or the Site’s or a Licensed Product’s inability to meet Your needs.
21.6 The use of and Your reliance upon the Site and any Index Data Product is entirely at Your own risk. When using the Site information will be transmitted over a medium which may be beyond Our or Our suppliers jurisdiction or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and You should scan and check such data accordingly.
21.7 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site which is beyond our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to Your computer system which may arise in connection with Your use of the Site.
22 Liability
22.1 To the fullest extent permitted by law:
(a) all conditions and warranties concerning the Site, its Services or any Products (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products or Services provided by Us, Our liability to You is limited to the remedies contained in section 64A of the Australian Consumer Law (Cth), which You agree is Your only remedy;
(b) in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or- any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Site, its Services or Products, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c) We are not liable to You or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, its Services or any reliance on any Products; and
(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
23 General
23.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
23.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
23.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
23.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and You irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
