Terms and Conitions

TERMS OF ACCESS AND USE

These Terms of Access and Use relate to the Online OHS and Online HRS websites, without limitation, any website that is owned or operated by or on behalf of Online Compliance Systems (OCS) (collectively referred to as “this Website”).  The material on this Website is copyright © OCS and other copyright owners.  This Website contains intellectual property, including, without limitation, software and materials belonging to OCS and others.  This Website contains content and information that is capable of transfer or download by any person accessing this Website.  All content, information and software provided on and through this Website (“Content”) including, but not limited to, documents, forms, articles and any other materials whatsoever (“Materials”) may only be used in accordance with the following terms and conditions (these “Terms of Access and Use”).  In these Terms of Access and Use we refer to the person who accesses this Website as either “you” or “your”, as the context may require.

1.  Access and use

1.1  Your access to and use of this Website and the Materials is conditional on your acceptance of these Terms of Access and Use.  If you do not accept these Terms of Access and Use you must immediately cease all access or use of, and desist from any future access or use of, this Website.  YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE.

1.2  If you have purchased a license, subscription or otherwise entered into an agreement with OCS the terms and conditions of your access and use of this Website shall also be governed by the terms of that agreement. Where there is an inconsistency between that agreement and these Terms of Access and Use, that agreement shall prevail.

1.3  Subject to clause 1.2, by accessing, or by continuing to access, this Website you acknowledge and agree that you are bound by these Terms of Access and Use without any restrictions, alterations or amendments whatsoever.

2.  Licence

2.1  In consideration for your acceptance of these Terms of Access and Use, OCS grants you a revocable, non-exclusive, non-transferable licence to access, use and reproduce the Materials in accordance with, and subject to, these Terms of Access and Use.

3.  Contents and Access to Sections

3.1  The Contents may, at the sole discretion of OCS from time to time, include Materials that have been created by or for third parties. All such materials are reproduced on this Website for your information and convenience only and are not intended to replace or be used in substitution for information or materials provided by their authors, creators or publishers.

3.2  The Content on this Website may be, from time to time, divided into sections at the sole discretion of OCS.

3.3  OCS may, at the sole discretion of OCS, require that any section or part of this Website (“Section”) may only be accessed by persons who have paid, in full, to OCS all fees and charges relating to that Section (if any) or may specify, from time to time, in OCS’s sole discretion other requirements or terms and conditions for access to any Section.

3.4  In the event that you wish to access the Section, OCS may provide to you a unique username and password, or other method of access at the sole discretion of OCS (the “Login”).  For the sake of certainty, OCS has no obligation to provide you with a Login.

3.5  In the event that OCS provides you with a Login, you agree that:

(a)  the Login is required to access the Section;

(b)  you shall not access the Section without having first been issued the Login in accordance with these Terms of Access and Use;

(c)  the Login is nontransferable;

(d)  you shall not disclose the Login to any other person;

(e)  you shall keep the details of the Login safe and confidential; and

(f)  you accept all liability for any activities whatsoever conducted using the Login that is issued to you under clause 3.4.

3.6  You agree that OCS may, from time to time and in OCS’s sole discretion:

(a)  revoke, vary, suspend or cancel the Login;

(b)  carry out maintenance or other work on this Website, that may limit or deny access to you; or

(c)  limit or deny access to this Website or part of this Website, for any reason.

4.  INTELLECTUAL Property Rights and licence

4.1  OCS and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Materials, the Content or services provided by this Website.

4.2  Except as expressly provided in these Terms of Access and Use, nothing set out in these Terms of Access and Use shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. 

4.3  You agree that the Content and this Website are protected by copyrights, trademarks, patents or other proprietary rights and laws.

4.4  Except for the limited use set out in clause 5, or with the express written consent of OCS, you must not use this Website or the Content, for any of the following purposes:

(a)  the reproduction of the Content in any material form;

(b)  the distribution of the Content in any material form;

(c)  re-transmission of the Content by any medium of communication;

(d)  uploading or reposting the Content to any other site or location on the WWW, on-line service or bulletin board; or

(e)  “framing” the material on this Website with other material on any other WWW site or location, on-line service or bulletin board.

4.5  You must not:

(a)  decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content;

(b)  use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;

(c)  use any software, device, or manual process to monitor or copy this Website or the Content without OCS’s prior written permission.  Any unauthorised use of this Website or its Content is prohibited.  Without limiting the generality of this clause you must not cache the Content of this Website without the consent of OCS;

(d)  use any Content, or this Website, to cause offence, harm, injury, hurt, damage or loss of any kind whatsoever to OCS or to any other person;

(e)  use any Content, or this Website, in a manner that is, in the reasonable opinion of OCS, defamatory, racist, pornographic, or that depicts acts of violence or unlawful acts, or that may spread hatred against any person or group, or that vilifies any person, people or religion, or that may cause offence or harm;

(f)  modify, mimic or copy:

(i)  the layout of this Website; or

(ii)  any computer software or code contained in this Website.

5.  PERMISSION TO USE CONTENT OR MATERIALS

5.1  Notwithstanding the restrictions on use of the Content referred to in clause 4 and subject to the terms of the licence granted to you under clause 2.1, you may make temporary electronic copies of the Content that are necessary to browse this Website and may download and print Content from this Website for non-commercial personal use or non-commercial use within your business, provided that you do not remove any copyright or trade mark notices contained on or in the Material where:

(a)  those copyright or trade mark notices are owned or controlled by third parties; or

(b)  the Materials or this Website expressly provide that those copyright or trade mark notices are not to be removed. 

5.2  If you wish to use the Content for any other purpose you must first purchase a license from OCS that permits that form of use.  In this clause 5:

(a)  non-commercial use means use that is not for monetary reward; and

(b)  use for monetary reward includes, without limitation, use for sale, resale, loan, transfer, hire or other form of commercial use.

6.  Links to other websites

6.1  This Website contains links to sites on the World Wide Web owned and operated by third parties and which are not under the control of OCS (the “External Web Sites”).

6.2  In relation to External Web Sites, which are linked to this Website, OCS:

(a)  provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by OCS of the External Web Sites;

(b)  is not responsible for the material contained on those External Web Sites; and

(c)  makes no warranties and accepts no liability in relation to material contained on those External Web Sites.

7.  DISCLAIMERS, Acknowledgement and Warranty

7.1  You acknowledge and agree that:

(a)  OCS is not in the business of providing legal or financial advice;

(b)  the Content and the Website are not intended to, and do not, contain or constitute legal or financial advice;

(c)  the views expressed in the Content are not necessarily the views of OCS;

(d)  the expression of a view does not imply endorsement of a product or service;

(e)  the information contained in the Content may be out of date;

(f)  you will not rely on any of the Content without first making independent enquiries to verify facts;

(g)  in the event that you are unable to conveniently access the Website or Content, OCS has no obligation whatsoever to make available the Website or Content to you; and

(h)  in making this Website and Content available to you for you to access and use, OCS is relying on your acceptance of, and agreement to, these Terms and Conditions of Use.

7.2  This Website is provided on an ‘as is, as available’ basis.

7.3  You agree that:

(a)  the Website or Content, or both, may not be accessible, or in a form that is conveniently accessible, by you; and

(b)  the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Content cannot be, and is not, guaranteed.

7.4  To the fullest extent permitted by law, OCS disclaims any and all express or implied warranties, guarantees or representations regarding:

(a)  the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content, the Materials or on any External Web Sites; and

(b)  the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the Materials or on any External Web Sites.

7.5  You acknowledge and agree that OCS does not warrant, guarantee or make any representation that:

(a)  this Website, the Content, the Materials, or the server that makes the Website available on the Internet are free of software viruses;

(b)  the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that

(c)  errors and defects in this Website or the Content will be corrected.

8.  Liability

8.1  OCS shall not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if OCS has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(a)  acting, or failing to act, on any information contained on or referred to on this Website, the Content, the Materials or any of the External Web Sites; or

(b)  using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website, the Content or any External Web Sites.

8.2  You agree that OCS is not liable to you for:

(a)  errors or omissions in the Website, the Content, the Materials or on External Web Sites;

(b)  delays to, interruptions of or cessation of the services provided in the Website, the Content, or External Web Sites; or

(c)  defamatory, offensive or illegal content on the Website, the Content or the Materials, whether caused through negligence of OCS, its employees, agents or independent contractors, or through any other cause.

8.3  You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or the Content.

8.4  To the extent that the limitation of liability contained in this clause 8 is prohibited, you agree that OCS’s sole obligation to you for any loss, injury, claim, liability or damage of any kind resulting from your access or use of this Website shall be limited to the refund of the fees and charges paid by you to OCS, if any.

9.  Indemnity

9.1  You will at all times indemnify, keep indemnified, defend and hold harmless OCS and its respective officers, employees and agents (referred to below as “Those Indemnified”), from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access and Use by you or your use of or reliance on the Materials, the Content or any materials or information supplied to you under these Terms of Access and Use.

10.  Confidentiality and Use of information provided by you

10.1  You agree that OCS may collect and use information that you provide to OCS (if any).  You also agree that OCS may store certain information on your computer including, without limitation, cookies, that assists or enables OCS to provide access to this Website.

10.2  Except as permitted in clause 10.3 below, OCS will treat as confidential any information provided to this Website by you (if any).  OCS will not disclose confidential information to any third party except where the third party is either contracted or licensed to OCS to assist OCS in fulfilling its obligations under these Terms of Access and Use or providing access to this Website or as required by law.

10.3  If you purchase products or services from OCS then you agree that OCS may disclose the material or information provided by you under these Terms of Access and Use to third parties for the purpose of providing you with the additional products or services or related products or services.

11.  Termination of Access

11.1  OCS may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and OCS has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

11.2  OCS will consider and, at its sole discretion, determine whether or not, and on what terms, a refund of any fees you have paid (if any) to OCS may be payable to you.

12.  Severance and jurisdiction

12.1  If any part of these Terms of Access and Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.

12.2  These Terms of Access and Use will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.

12.3  You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales to determine any dispute arising out of these Terms of Access and Use.

13.  GENERAL

13.1  The disclaimers, limitations on liability and indemnities in these Terms of Access and Use continue despite termination of the licence granted under clause 2.1 or discontinuation or suspension of your access to this Website.

13.2  OCS’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.  A waiver is not effective unless it is in writing.  A single or partial exercise or waiver of a right under these Terms of Access and Use does not prevent any other exercise of that right, or the exercise of any other right.

13.3  You agree that OCS may, at the sole discretion of OCS, amend, vary or replace these Terms of Access and Use from time to time without notification to you.

YOUR ACCESS OR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS AND USE