1) Terms of Use
1.1. Safety Champion Software (ABN 69 637 312 504) (“we”, “us” and “our”) offers an online health and safety management service (“Services”). Access to this service is via: Safety Champion Login Page.
1.2. The terms and conditions set out in these Terms of Use (“Terms”) govern the use of the Services, including all features and content. The Terms form a binding contract between the user of the Services (“you” and “your”) and us.
1.3. Section 15 is only applicable to users of the freemium version of Safety Champion Software (“Safety Champion Light”)
1.4. By using the Services you acknowledge and agree that you have had sufficient chance to read and understand the Terms, and that you agreed to be bound by them. If you do not agreed to be bound by the Terms, please do not use the Services.
1.2. The terms and conditions set out in these Terms of Use (“Terms”) govern the use of the Services, including all features and content. The Terms form a binding contract between the user of the Services (“you” and “your”) and us.
1.3. Section 15 is only applicable to users of the freemium version of Safety Champion Software (“Safety Champion Light”)
1.4. By using the Services you acknowledge and agree that you have had sufficient chance to read and understand the Terms, and that you agreed to be bound by them. If you do not agreed to be bound by the Terms, please do not use the Services.
2) Access and Use
2.1. We will provide you with, and grant you access to, the Services in accordance with the Terms.
2.2. You must not:
2.2. You must not:
(a) use the Services in any way that could damage the reputation or goodwill or other rights associated with the Services;
(b) permit any third-party to use the Services without our consent;
(c) reproduce or otherwise modify or adapt the Services; or
(d) create any derivative works based on the Services.
2.3. You acknowledge and agree that:
(a) we retain complete control over the Services and may alter or amend at any time in our sole discretion; and
(b) the Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3) Service Evolution
3.1.You acknowledge as a cloud-based solution our services are continuously evolving, and as such, will undergo future updates, modifications, or enhancements. While we strive to maintain high-quality standards, the Services may still contain errors or defects. We will use commercially reasonable efforts to address any such issues promptly.
4) Fees
4.1. We will charge you an fee for providing you with access to the Services (“Access Fee”) in accordance with the agreement between you and our Safety Champion Representative. The Access Fee will be inclusive of GST.
4.2. We will charge you a fee for commissioning the Services (“Commissioning Fee”) in accordance with the agreement between you and our Safety Champion Representative. The Commissioning Fee will be inclusive of GST.
4.3. Access to the Services will be conditional on the payment of the Access Fee and the Commissioning Fee.
4.4. We shall review the Access Fee on the third anniversary of the commencement of the Services and you agree to pay such reviewed Access Fee notified to you in writing.
4.2. We will charge you a fee for commissioning the Services (“Commissioning Fee”) in accordance with the agreement between you and our Safety Champion Representative. The Commissioning Fee will be inclusive of GST.
4.3. Access to the Services will be conditional on the payment of the Access Fee and the Commissioning Fee.
4.4. We shall review the Access Fee on the third anniversary of the commencement of the Services and you agree to pay such reviewed Access Fee notified to you in writing.
5) Payment of Fees
5.1. Payment of the Access Fee may be made:
(a) annually, in advance; or
(b) monthly, by direct debit.
5.2. You may nominate your preferred payment method.
5.3. Payment of the Commissioning Fee shall be made at the commencement of the commissioning of the Services.
5.4. Your Access Fee will increase annually by 5%. Typically, this will occur on 1 July.
6) Intellectual Property Rights
6.1. You acknowledge and agree that we own all intellectual property rights in the Services, and that nothing in the Terms constitutes a transfer of any intellectual property rights in the Services.
6.2. We acknowledge and agree that you own all intellectual property rights in any data or information that you enter into the Services, and any reports you receive from the Services (“your Data”). You grant us a non-exclusive, royalty-free, worldwide licence to use your Data for the purposes of providing the Services.
6.2. We acknowledge and agree that you own all intellectual property rights in any data or information that you enter into the Services, and any reports you receive from the Services (“your Data”). You grant us a non-exclusive, royalty-free, worldwide licence to use your Data for the purposes of providing the Services.
7) Termination
7.1. The Terms and the Services automatically terminate if, for any reason, we cease to operate and provide the Services generally.
7.2. If you breach the Terms in any way, we may terminate the Terns with immediate effect by providing you with written notice.
7.3. You may terminate the Terms at any time by giving us at least 30 days’ written notice.
7.4. If the Terms are terminated by you giving notice under clause 7.3 then:
7.2. If you breach the Terms in any way, we may terminate the Terns with immediate effect by providing you with written notice.
7.3. You may terminate the Terms at any time by giving us at least 30 days’ written notice.
7.4. If the Terms are terminated by you giving notice under clause 7.3 then:
(a) if the Services commenced less than 12 months prior then we will be entitled to be paid the balance of the Access Fees for the first 12 months not already received or paid; or
(b) if the Services commenced more than 12 months prior then we will be entitled to retain any Access Fees due and payable prior to the date of termination, plus the 30 days notice period.
7.5. If the Terms are terminated for whatever reason:
(a) you are responsible for downloading and authorised to download your data and records that have been entered into or uploaded to Safety Champion. After the termination date, you will no longer be authorised to access the Services (unless otherwise agreed); and
(b) all restrictions imposed on you by the Terms (including in relation to intellectual property, confidentiality, indemnities, disclaimers and limitations of liability) will survive termination.
8) Limitation of liability
8.1. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
8.2. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
8.3. The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
8.2. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
8.3. The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
9) Indemnity
9.1. You agree to indemnify us including our employees, officers, agents and contractors and our related bodies corporate and their employees, officers, agents and contractors (“Indemnified”) and to continue to indemnify the Indemnified from and against any actions, proceedings, claims, demands, costs (on a full indemnity basis including, without limitation, reasonable legal and accounting fees) brought or made against the Indemnified by any person arising in connection with your use of the Services, or resulting from, or alleged to result from, your use of the Services, or a breach of your representations and warranties in the Terms , or your violation of any of the Terms and from and against any damage, loss (whether personal or property, and whether direct or consequential, including without limitation consequential financial loss), cost or expense suffered or incurred by any Indemnified as a direct or indirect consequence thereof.
10) Confidentiality
10.1. A party must not, without the prior written consent of the other, use or disclose the other party’s confidential information unless expressly permitted by the Terms or else required to do so by law or any regulatory authority.
10.2. Either party may:
10.2. Either party may:
(a) use the confidential information of the other party solely for the purposes of complying with its obligations and exercising its rights under the Terms; and
(b) disclose the confidential information to its personnel or advisers to the extent necessary for them to know the information for purposes related to the Terms, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
10.3. Each party must implement and maintain effective security measures to prevent unauthorised use and disclose of the other party’s confidential information whilst it is in the receiving party’s possession or control.
10.4. Each party must return, or at the other party’s option destroy, all confidential information of the disclosing party in the receiving party’s possession or control, on the earlier of the request of the disclosing party or on termination of the Terms of Use for any reason.
11) Data Security
11.1. Your access to the Services will be provided through an account, which may include login details such as username and password (“Account”). You are solely responsible for maintaining the confidentiality of your Account.
11.2. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
11.3. We must take reasonable steps to protect Your Data and the Account from misuse, loss, unauthorised access, unauthorized modification or unauthorised disclosure.
11.2. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
11.3. We must take reasonable steps to protect Your Data and the Account from misuse, loss, unauthorised access, unauthorized modification or unauthorised disclosure.
12) Changes and Amendments to Services and Terms
12.1. Subject to the Terms, we reserve the right to change any or all of the format and content of the Services at any time without notice to you.
12.2. We reserve the right to amend or replace the Terms at any time. It is your responsibility to regularly check the Terms and any conditions which govern your use of the Services. The revised Terms take effect when they are posted on www.safetychampion.com.au.
12.2. We reserve the right to amend or replace the Terms at any time. It is your responsibility to regularly check the Terms and any conditions which govern your use of the Services. The revised Terms take effect when they are posted on www.safetychampion.com.au.
13) Privacy
13.1. You acknowledge that our Privacy Policy forms part of the Terms.
14) General
14.1. The Terms are governed and will be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally accepts and submits to the jurisdiction of the courts of Victoria.
14.2. The Terms of Use and any rights and licences granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
14.3. If any provision of the Terms is found to be invalid, unlawful or unenforceable, the provision will read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.2. The Terms of Use and any rights and licences granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
14.3. If any provision of the Terms is found to be invalid, unlawful or unenforceable, the provision will read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
15) Safety Champion Light Users
15.1. You acknowledge that the services offered by us (“Safety Champion”) is a limited service with limited functionality and limited access to Safety Champion’s modules. Note. Pre March 2021, this service was referred to as “Freemium”.
15.2. You acknowledge and agree to all (“terms”) listed in this document.
15.3. You acknowledge that we reserve the right to change or modify this service at any time without notice.
15.4. You authorise that all templates and/or data entered by you into this “Safety Champion Light” service may be used by us in a deidentified manner.
15.5. We reserve the right to delete your right to use Safety Champion Light at any time and for any reason in our sole discretion, without liability to you.
15.3. You acknowledge that we reserve the right to change or modify this service at any time without notice.
15.4. You authorise that all templates and/or data entered by you into this “Safety Champion Light” service may be used by us in a deidentified manner.
15.5. We reserve the right to delete your right to use Safety Champion Light at any time and for any reason in our sole discretion, without liability to you.
15.6. Should you no longer wish to use the “Safety Champion Light” service, you have the ability to export and download all information that you enter into your “Safety Champion Light” account.
15.7. Your storage is limited to 1 GB.
15.8. You acknowledge and agree that the below (‘terms”) are additionally applicable to users of this (“Safety Champion Light”) service and supersede contradicting terms, unless authorised by us in writing to you:
(a) This service is limited to one (1) (“Safety Champion Light”) account per organization, or, business. We reserve the right to delete any additional accounts without notice.
(b) Each “Safety Champion Light” account can have a maximum of two (2) users.
(c) We are not responsible for the loss or damage to data uploaded by you.
(d) We reserve the right to delete your (“Safety Champion Light”) account if no login has been recorded for 90+ days.
(e) We reserve the right to delete all (“Safety Champion Light”) accounts created with a generic or ISP issued email address.
(f) We reserve the right to delete your (“Safety Champion Light”) account if invalid contact and company information was used to create the account.
(g) No service level agreement’s apply for support quires.
(h) You agree to the use of your contact and company information in our marketing material.
(i) Safety Champion is authorised to provide your contact information to a Safety Champion Official Partner for the purpose of obtaining feedback about your usage of our software.
(j) To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to Safety Champion Light, including any support and maintenance, warranty, and indemnity obligations.
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