Terms and Conditions of Use
Last Updated: 27th April 2014
One Minute Systems Pty Ltd (“One Minute Systems Pty Ltd”, “ARO Safety & Risk”, “arosafety.com.au”, “arosafety.co.nz”, “asbestosregistersonline.com.au”, “we”, “us” and
terms of similar meaning) provides this web site (in these terms we call this
site and any successor websites, and any software provided by
us for use with the site, the “Site”) to you subject
to these terms and conditions of use (these “Terms”). Please read these Terms
carefully before using the Site. By accessing or using the Site or by merely
browsing the Site you agree to be legally bound by these Terms and all terms,
policies and guidelines incorporated by reference in these Terms. If you do not
agree with these Terms in their entirety, you may not use the Site.
This Site is not intended to be used by children. You must be at least of the age
of majority to use this Site.
In these Terms, our customers and their staff members to whom they give “staff”
access to their account are called
“Subscribers”or “Customers”. In these Terms users of the Site, whether they are
Subscribers, Customers, members of the forum,
people who post comments on the blog, or casual
browsers of the Site, are called “Users”.
One Minute Systems Pty Ltd reserves the right to change or modify any of the
terms and conditions contained in these Terms, or any policy or guideline of the
Site, at any time and in its sole discretion. If we do so, we will notify you at
the email address you provide in your registration information, if any. If you
do not agree with the changes, you can cancel your account with us without
further obligation, except for the amount due for the balance of the billing
period in which you cancel your account (if your billing period is monthly, we
will prorate your account to the nearest month-end after cancellation). Unless
otherwise specified, any changes or modifications will be effective immediately
upon posting of the revisions on the Site, and your continued use of the Site
after such time will constitute your acceptance of such changes or
modifications. You should from time to time review the Terms and any policies
and documents incorporated in them to understand the terms and conditions that
apply to your use of the Site. The Terms will always show the ‘last updated’
date at the top. If you do not agree to any amended Terms, you must stop using
the Site. If you have any questions about the Terms, please contact us using out Contact Us page.
The services we provide through the Site are for your own use only. You may not
resell, lease or provide them in any other way to anyone else.
1. Privacy Policy
Please refer to our privacy policy, available from
the Site for information on how
we collect, use and disclose personally
identifiable information from our users. By using the Site you agree to our use,
collection and disclosure of personally identifiable information in accordance
with the Privacy Policy.
2. Registration Data; Account Security
If you register for an account on the Site, you agree to (a) provide accurate,
current and complete information as may be prompted by any registration forms on
the Site (“Registration Data”); (b) maintain the security of your password; (c)
maintain and promptly update the Registration Data, and any other information
you provide to us, and to keep it accurate, current
and complete; and (d) accept all risks of unauthorized access to the
Registration Data and any other information you provide to
us. You are responsible for all activity on your
account, and for all charges incurred by your
account.
3. Fees; Charges; Taxes
Fees and any other charges for the use of the Site are described on the Site.
They may change from time to time. If we change them, we will give you at least
30 days’ notice. If they do change, your continued use of the Site after the
change indicates your agreement with the new fees and charges after the
effective date of the change. Any change to fees and other charges will not be
applicable to the billing period in which the change occurs.
You are responsible for all taxes applicable to the fees in any applicable
jurisdiction.
4. Ownership, Copyright and Trademarks
In these Terms the content on the Site, including all information, data, logos,
marks, designs, graphics, pictures, sound files, other files, and their
selection and arrangement, is called “Content”. Content provided by Users,
whether they are Subscribers, Customers or other Users, is called “User
Content”. For example, data about its Customers and about requests and
entries that a Subscriber provides to the Site is User Content of that
Subscriber, data about its payments that a Customer provides to the Site is User
Content of that Customer, and Content that a User enters into the
forum or enters as a comment on the
blog is User Content of the User.
User Content is that User’s property. Our only right
to that User Content is the limited licences to it granted in these Terms. Those
licences are described in these Terms.
Other than the User Content, the Site, all Content and all software available on
the Site or used to create and operate the Site is the property of
One Minute Systems Pty Ltd or its licensors, and is protected by Australian, New Zealand
and international copyright laws, and all rights to the Site, such Content and
such software are expressly reserved. All trademarks, registered trademarks,
product names and company names or logos mentioned in the Site are the property
of their respective owners. Reference to any products, services, processes or
other information, by trade name, trademark, manufacturer, supplier or otherwise
does not constitute or imply endorsement, sponsorship or recommendation thereof
by us.
Your User Content is your responsibility. We have no responsibility or liability
for it, or for any loss or damage your User Content may cause to other people.
Although we have no obligation to do so, we have the absolute discretion to
remove, screen or edit without notice any User Content posted or stored on the
Site, and we may do this at any time and for any reason. You are solely
responsible for maintaining copies of and replacing any User Content you post or
store on the Site.
5. Your Limited Licence of Your User Content to One Minute Systems Pty Ltd
We do not claim any ownership interest in your User Content, but we do need the
right to use your User Content to the extent necessary to operate the Site, and
provide the services provided by the Site, now and in the future.
Therefore, by posting or distributing User Content to or through the Site, you
(a) grant One Minute Systems Pty Ltd and its affiliates and subsidiaries a
non-exclusive, royalty-free, transferable right to use, display, perform,
reproduce, distribute, publish, modify, adapt, translate, and create derivative
works from such User Content on the Site, in the manner in and for the purposes
for which the Site from time to time uses such User Content; (b) represent and
warrant that (i) you own and control all of the rights to the User Content that
you post or otherwise distribute, or you otherwise have the lawful right to post
and distribute that User Content, to or through the Site; and (ii) the use and
posting or other transmission of such User Content does not violate these Terms
and will not violate any rights of or cause injury to any person or entity.
If your User Content is intended for the use of other Users, you also grant us
and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable
right to sublicence such User Content to such Users for their use in connection
with their use of the Site, as described in Section 5 of these Terms.
These licences from you are non-exclusive because you have the right to use your
User Content elsewhere. They are royalty-free because we are not required to pay
you for the use of your User Content on the Site. And they are transferable
because we need the right to transfer these licences to any successor operator
of the Site. Our rights to “modify, adapt, translate, and create derivative
works from” are necessary because the normal operation of the Site does this to
your User Content when it processes it for use in the Site.
6. Our Limited Licence of Content to You
One Minute Systems Pty Ltd grants you a limited, revocable, non-exclusive,
non-sublicensable licence to access the Site and to view, copy and print the
portions of the Content available to you on the Site. Such licence is subject to
these Terms, and specifically conditioned upon the following: (i) you may only
view, copy and print such portions of the Content for your own use; (ii) you may
not modify or otherwise make derivative works of the Site or the Content, or
reproduce, distribute or display the Site or any Content (except for page
cacheing) except as expressly permitted in these Terms; (iii) you may not remove
or modify any copyright, trademark, or other proprietary notices that have been
placed in the Content; (iv) you may not use any data mining, robots or similar
data gathering or extraction methods; and (v) you may not use the Site or the
Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content
without the prior written permission of its owner is strictly prohibited and
will terminate the licence granted in this Section, this Agreement and your
account with us. Any such unauthorized use may also violate applicable laws,
including without limitation copyright and trademark laws. Unless explicitly
stated herein, nothing in these Terms may be construed as conferring any licence
to intellectual property rights, whether by estoppel, implication or otherwise.
The licence in this Section is revocable by us at
any time.
You represent and warrant that your use of the Site and the Content will be
consistent with this licence and will not infringe or violate the rights of any
other party or breach any contract or legal duty to any other parties, or
violate any applicable law.
To request permission for uses of Content not included in this licence, you may
contact One Minute Systems Pty Ltd at the address set out at the bottom of
these Terms.
7. Use of Interactive Areas and the Site
The Site may contain discussion forums, bulletin boards, review services or other
forums in which you or third parties may post reviews or other content,
messages, materials or other items on the Site (“Interactive Areas”). If
we provide such Interactive Areas, you are solely
responsible for your use of such Interactive Areas and use them at your own
risk. User Content submitted to any public area of the Site will be considered
non-confidential. By using any Interactive Areas, you expressly agree not to
post, upload to, transmit, distribute, store, create or otherwise publish
through the Site any of the following:
-
Any message, data, information,
text, music, sound, photos, graphics, code or other material that is unlawful,
libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent or otherwise objectionable;
-
Content that would constitute,
encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state,
national or international law;
-
Content that may infringe any
patent, trademark, trade secret, copyright or other intellectual or proprietary
right of any party;
-
Content that impersonates any
person or entity or otherwise misrepresents your affiliation with a person or
entity;
-
Unsolicited promotions,
political campaigning, advertising or solicitations;
-
Private information of any
third party, including, without limitation, addresses, phone numbers, email
addresses and credit card numbers, unless that third party has expressly
consented to such use;
-
Viruses, corrupted data or
other harmful, disruptive or destructive files;
-
Content that is unrelated to
the topic of the Interactive Area(s) in which such Content is posted; or
-
Content that, in the sole
judgment of One Minute Systems Pty Ltd, is objectionable or which restricts
or inhibits any other person from using or enjoying the Interactive Areas or the
Site, or which may expose us or our affiliates or
its users to any harm or liability of any type.
Finally, we have a “zero-tolerance” policy towards
SPAM: you may not use the Interactive Areas or the Site generally to send
commercial or other messages to any third-party if those messages are not
solicited, authorized or welcomed by the third-party, and in your use of the
Site you must comply with all applicable laws, including laws that apply in any
jurisdiction to SPAM and marketing practices, and with any applicable marketing
association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of the Site in violation of
the foregoing violates these Terms and may result in, among other things,
termination or suspension of your rights to use the Interactive Areas and/or the
Site.
8. Providing a Reliable and Secure Service
If you have spent any time reviewing the Site, you will hopefully have noticed
that we take reliability and security seriously. We put a great deal of effort
into ensuring that our service operates all the time.
However, no system is perfectly secure or reliable, the internet is an inherently
insecure medium, and the reliability of hosting services, internet
intermediaries, your internet service provider, and other service providers
cannot be assured. When you use our Sites, you accept these
risks, and the responsibility for choosing to use a technology that does not
provide perfect security or reliability.
9. Links to Other Sites
The Site may contain links to third-party Web sites (“Third-Party Sites”) and
third-party content (“Third-Party Content”) as a service to those interested in
this information. Third-Party Sites include payment processors and other payment
intermediaries that you may use in connection with your use of the Site. You use
links to Third-Party Sites, and any Third-Party Content or service provided
there at your own risk. One Minute Systems Pty Ltd does not monitor or have
any control over, and makes no claim or representation regarding, Third-Party
Content or Third-Party Sites. One Minute Systems Pty Ltd provides these
links only as a convenience, and a link to a Third-Party Site or Third-Party
Content does not imply our endorsement, adoption or
sponsorship of, or affiliation with, such Third-Party Site or Third-Party
Content. One Minute Systems accepts no responsibility for reviewing
changes or updates to, or the quality, content, policies, nature or reliability
of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site.
When you leave the Site, our terms and policies no longer govern. You should
review applicable terms and policies, including privacy and data gathering
practices, of any Third-Party Site, and should make whatever investigation you
feel necessary or appropriate before proceeding with any transaction with any
third party.
10. Advertisements and Promotions
We may run advertisements and promotions from third
parties on the Site. Your business dealings or correspondence with, or
participation in promotions of, advertisers other than
us, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. We are not responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of third-party advertisers on the Site.
11. Warranty Disclaimer
The Site, the Content and the services provided by the Site are provided to you
on an “as is” basis without warranties from us of
any kind, either express or implied. We expressly
disclaims all other warranties, express or implied, including without limitation
implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement. We do not represent or
warrant that Content is accurate, complete, reliable, current or error-free, and
expressly disclaims any warranty or representation as to the accuracy or
proprietary character of the Site, the Content or any portion thereof.
While we attempt to make your access to and use of
the Site safe, we do not represent or warrant that
the Site or any Content are free of viruses or other harmful components.
12. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever
against One Minute Systems Pty Ltd, its affiliates or subsidiaries, their
sponsors, contractors, advertisers, vendors or other partners, any of their
successors or assigns, or any of their respective officers, directors, agents or
employees (collectively, the “Released Parties”) arising out of or in any way
relating to your use of the Site or the Content, including, without limitation,
any claims or allegations relating to the alleged infringement of proprietary
rights, alleged inaccuracy of Content, or allegations that any Released Party
has or should indemnify, defend or hold harmless you or any third party from any
claim or allegation arising from your use or other exploitation of the Site. You
use the Site at your own risk.
Without limitation of the foregoing, neither One Minute Systems Pty Ltd nor
any other Released Party shall be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including but not
limited to loss of use, loss of profits or loss of data, whether in an action in
contract, tort (including but not limited to negligence) or otherwise, arising
out of or in any way connected with the use of the Site or the Content,
including without limitation any damages caused by or resulting from your
reliance on the Site or other information obtained from
us or any other Released Party or accessible via the
Site, or that result from mistakes, errors, omissions, interruptions, deletion
of files or email, defects, viruses, delays in operation or transmission or any
failure of performance, whether or not resulting from acts of god,
communications failure, theft, destruction or unauthorized access to
Our or any other Released Party's records, programs
or Services.
In no event shall the aggregate liability of One Minute Systems Pty Ltd,
whether in contract, warranty, tort (including negligence, whether active,
passive or imputed), product liability, strict liability or other theory,
arising out of or relating to the use of the Site exceed any compensation paid
by you for access to or use of the Site during the three months prior to the
date of any claim.
You shall defend, indemnify and hold harmless One Minute Systems Pty Ltd and
the other Released Parties from any loss, damages, liabilities, costs, expenses,
claims and proceedings arising out of your use of the Site, and if you are a
Subscriber, from your Customers’ use of the Site and from the use of the Site by
any person to whom you give access to your account (including as staff),
including any claims made by any person that any of your User Content infringes
the rights, including the intellectual property rights, of any third party.
13. Communications
Notices that we give you (other than notice of amendment of these Terms, which is
discussed in the introduction of these Terms) may be provided in any of the
following ways. First, we may email you at the contact information you provide
in your Registration Data. Second, we may post a notice to Subscribers in the
dashboard area of your account on the Site. Third, we may post the notice
elsewhere on the Site. When we post notices on the Site, we post them in the
area of the Site suitable to the notice. It is your responsibility to
periodically review the Site for notices.
Subject to the Privacy Policy, if you send to One Minute Systems Pty Ltd or
post on the Site in any public area any information, ideas, inventions,
concepts, techniques or know-how (“User Submissions”), for any purpose,
including the developing, manufacturing and/or marketing or products or services
incorporating such information, you acknowledge that
we can use the User Submissions without
acknowledgement or compensation to you, and you waive any claim of ownership or
compensation or other rights you may have in relation to the User Submissions.
We actively review User Submissions for new ideas. If you wish to preserve any
interest you might have in your User Submissions, you should not post them to
the Site or send them to us.
14. Applicable Law and Venue
The Site is controlled by One Minute Systems Pty Ltd and operated by it from
its offices in Australia. You and One Minute Systems Pty Ltd
both benefit from establishing a predictable legal environment in regard to the
Site. Therefore, you and One Minute Systems Pty Ltd explicitly agree that
all disputes, claims or other matters arising from or relating to your use of
the Site will be governed by the laws of the Commonwealth of Australia and the
State of New South Wales. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to these Terms.
Except where prohibited by applicable law, any claim, dispute or controversy
(whether in contract or tort, pursuant to statute or regulation, or otherwise,
and whether preexisting, present or future) arising out of or relating to these
Terms; (b) the Site or Content; (c) oral or written statements, advertisements
or promotions relating to these Terms or to the Site; or (d) the relationships
that result from these Terms or the Site or Content (collectively, a “Claim”)
will be referred to and determined by a sole arbitrator (to the exclusion of the
courts). Except where prohibited by applicable law, you waive any right you may
have to commence or participate in any class action against
One Minute Systems Pty Ltd related to any Claim and, where applicable, you
also agree to opt out of any class proceedings against
One Minute Systems Pty Ltd. If you have a Claim, you should give written
notice to arbitrate at the address specified below. If we have a Claim, we will
give you notice to arbitrate at your address provided in your Registration Data.
Arbitration will be conducted by one arbitrator pursuant to the commercial
arbitration laws and rules in effect on the date of the notice in the
Commonwealth of Australia and the State of New South Wales.
To the extent arbitration as described in the immediately preceding paragraph is
prohibited by applicable law, you agree that all Claims will be heard and
resolved in a court of competent subject matter jurisdiction located in the
Commonwealth of Australia and the State of New South Wales. You consent to the
personal jurisdiction of such courts over you, stipulate to the fairness and
convenience of proceeding in such courts, and covenant not to assert any
objection to proceeding in such courts.
If you choose to access the Site from locations other than the Commonwealth of
Australia, you will be responsible for compliance with all local laws of such
other jurisdiction and you agree to indemnify One Minute Systems Pty Ltd and
the other Released Parties for your failure to comply with any such laws.
15. Termination/Modification of Licence and Site Offerings
Notwithstanding any provision of these Terms, One Minute Systems Pty Ltd
reserves the right, without notice and in its sole discretion, without any
notice or liability to you, to (a) terminate your licence to use the Site, or
any portion thereof; (b) block or prevent your future access to and use of all
or any portion of the Site or Content; (c) change, suspend or discontinue any
aspect of the Site or Content; and (d) impose limits on the Site or Content.
16. Inactive Accounts; Termination of Agreement
If your account is inactive for at least six months, we may deactivate your
account. Deactivated accounts are not deleted – they are placed in storage and
can be restored for a period of six months following the date it is deactivated.
We will notify you by email if we decide to deactivate your account. If you know
in advance that your account will be inactive at some time and don’t want us to
deactivate it, let us know in advance at the support email address on the Site.
If after your account has been deactivated it stays inactive and we don’t hear
from you, we may terminate it at any time and without notice.
You and One Minute Systems Pty Ltd may terminate these Terms and your use of
the Site at any time. If you terminate your use of the Site you must pay the
fees applicable for the balance of the then current billing period. When your
account is terminated, your User Content will,
shortly thereafter, not appear on the Site, except for User Content submitted to
our forum or comments on our blog, which may remain on the Site after
termination. We may also retain an archival copy of your User Content after
termination, and you hereby grant us a non-exclusive, perpetual, irrevocable
licence to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 4, 8, 11, 12, 14, 16
and 17, and any representation or warranty you make in these Terms, shall
survive indefinitely.
17. Miscellaneous
If any provision of these Terms
shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions.
One Minute Systems Pty Ltd may assign any or all of its rights hereunder to
any party without your consent. You are not permitted to assign any of your
rights or obligations hereunder without the prior written consent of
One Minute Systems Pty Ltd, and any such attempted assignment will be void
and unenforceable. These Terms constitute the entire agreement between you and
One Minute Systems Pty Ltd regarding your use of the Site, and supersede all
prior or contemporaneous communications whether electronic, oral or written
between you and One Minute Systems Pty Ltd regarding your use of the Site.
The parties confirm that it is their wish that these Terms, as well as any other
documents relating to this Terms, including notices, have been and shall be
drawn up in the English language only.