My Health And Safety Website Terms and Conditions
These terms and conditions ("Terms") apply to the use of this web site, including the use of the products and services offered on this web site. In using this web site, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using the web site. These Terms must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
1.1 In these terms, the expressions "we", "and "our" are a reference to My Health and Safety Limited, and the term “you” and “your” means you, our member, customer or user.
2. Our Obligations
2.1 We will use all reasonable effort to ensure that the information on this web site is correct at the time of first publication, and that our products and services are supplied to you with reasonable care and skill, subject always to these Terms.
3.1 In order to be able to access the information offered on this web site, you must become a member. To become a member, you must complete your registration details in the manner described on this web site.
3.2 You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
3.3 Membership entitles you to access the following services at the costs specified on this web site:
(a) Comprehensive interactive health and safety management forms;
(b) Online content management; and
(c) Full on-site training at the start-up phase on how to use our systems and forms to comply with legislative requirements.
4.1 You agree to pay all fees and/or charges for membership as specified on this web site to us (without any deduction). Subscription fees must be paid in full in advance of obtaining our services via our online payment options or by direct debit before access to our website will be granted. All fees and/or charges displayed by us on this web site are deemed to be GST exclusive (unless expressly stated otherwise). Credit card payments incur an additional credit card convenience fee of 2.0%.
4.2 Our subscription fees are set based on the number of employees in your business. If the number of employees in your business increases at any time, you will be required to pay the additional portion of the increased subscription fee before you are able to utilise our services for the additional employees.
4.3 If you do not pay us before the due date specified on our invoice, we reserve the right to charge you interest at a rate of 2% above our bank’s retail lending base rate (calculated on a daily basis) on all amounts outstanding from the due date to the date we receive payment. You will pay all our costs and expenses (including legal costs and expenses incurred on a solicitor/own client basis) incurred in the enforcement of our rights or remedies under these terms including the recovery of all amounts owing by you, and such costs and expenses shall bear interest at the rate specified above.
5. Your obligations
5.1 You acknowledge and agree that:
(a) you may access and use this web site in the manner specified by us for use in your business only;
(b) You acknowledge that care must be taken by you with the use of our forms as our forms are "standard" forms designed to be used across many industries. Our forms are a starting point but must be tailored specifically to your requirements. We do not accept any liability or responsibility for the incorrect use of our forms by you or any of your employees/affiliates. You must contact us to specifically tailor the forms for use by yourself and obtain training from us to ensure that you correctly use the forms (this includes use of the forms and content included in the forms).
(c) you are responsible for making your own inquiries and seeking advice from relevant industry professionals before acting or relying on any information or material which is made available to you on this website;
(d) you are responsible for completing any health and safety forms accurately and in accordance with the statutory requirements;
(e) we retain complete editorial control over this web site and may update, alter, amend or cease the operation of this web site at any time in our sole discretion; and
(f) this web site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
5.2 You undertake the following obligations:
(a) to not copy, reproduce, translate, adapt, vary or modify any of our material without our express consent;
(b) to not bring into disrepute us, our products, our services, or our officers or employees;
(c) to only use our material in the form in which it is provided and for the purpose for which it is provided;
(d) to obtain the necessary advice and training on how to use the health and safety forms provided on this website to comply with your health and safety requirements prescribed by law;
(e) to not alter, amend or tamper with any of our material or associated icons in any way;
(f) to supervise and control the use of our material in accordance with these Terms;
(g) to ensure your employees, sub-contractors and other agents who have authorised access to our material are made aware of these Terms;
(h) to not use our material in a manner that gives the impression or represents that any person, organisation or event, is in any way related to, sponsored by, or affiliated with us; and
(i) to comply (within a reasonable time) with any demand or request by us in relation to your use of our material;
(j) to not use any content on this web site for the purpose of on-selling (in any way) any of our products or services to third parties; and
(k) to use our information service for lawful purposes only.
5.3 You agree to fully indemnify us (including our officers, employees and agents) and hold us harmless against all loss, damage, cost or expense we may suffer or incur as a result of any breach of these Terms by you.
6. Health and Safety Forms
6.1 All intellectual property relating to all health and safety forms promoted by us, including in respect of all content, layout, colours, trade marks, logos etc, belongs to us at all times. At no time will you gain any proprietary right or interest in or to any aspect of our forms.
7. Intellectual Property & Confidentiality
7.1 All information on this website, including the forms and content of such forms, ideas, concepts, technical information, trade secrets, know-how, copyright material and any other information and intellectual property whatsoever owned or used by us in connection with providing services to you (our Intellectual Property) remain our exclusive property. You will not, and will not permit anyone else to, use or copy our Intellectual Property unless we approve in writing. You will promptly notify us of any infringement of our Intellectual Property.
7.2 Unless specifically stated by us on this website, you are permitted to view our Intellectual Property only, and you must not copy, print or use of any material on this website, or in any way deal with this web site, other than as promoted by us on this web site. In particular but without limitation, you must not make any use of any trademarks displayed on this web site (whether ours or a third party’s) without our prior written consent. You agree not to assert any intellectual property claims against us regarding any content displayed on our website.
7.3 If a particular product or service is intended to be personal to you (i.e. your organisation), and we disclose any information to you as part of that service (i.e. that is not publically displayed on our website), then that information must be treated by you as confidential at all times and can only be disclosed or otherwise used by you solely for using the particular product or service offering, or with our prior written consent.
8. Linked Web Sites and Advertisements
8.1 This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained.
8.2 We are not responsible for the content or privacy practices associated with linked web sites and advertisements.
8.3 Our links with linked web sites and advertisements should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites or the advertisers' products, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
9.1 We do not accept liability or responsibility for any loss of profit, revenue or data, interruption of business or any consequential or incidental loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the material or information contained on or accessed through this web site.
9.2 We will not be liable to the extent that such liability arises from any third party telecommunications failure or quality issue, or failure of electricity mains supply, or strike or other industrial unrest, or any riot, fire, explosion, flood, earthquake, vulcanism or other Act of God, or any governmental action, or any other cause which is beyond our reasonable control.
9.3 You agree that the goods and services provided on this website are provided by us, and acquired by you, in trade and therefore the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 are expressly excluded.
9.4 To the fullest extent permitted by law, we exclude any condition or warranty which would otherwise be implied into these Terms. If we are found liable for any reason whatsoever or where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, our liability will in all circumstances be limited to the amount which you have paid to us in the six month period preceding the date of any claim from you (or if a series of related claims, then prior to the first of those claims).
9.5 The disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
10. Specific Warnings
10.1 You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
10.2 You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
10.3 No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
10.4 Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.
10.5 We will use all reasonable endeavours to restore any services outages as soon as reasonably possible, but are unable to guarantee any particular time frame.
12. Termination of Access
12.1 We reserve the right to terminate your membership and access to this web site at any time. Our disclaimer will nevertheless survive any such termination.
12.2 If your access to this web site is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:
(a) your right to use this web site and material and information contained in this web site immediately ceases and the licence (if any) granted under these terms terminate;
(b) you must immediately remove from your computer or destroy any hard copies of any information or material downloaded or printed from this web site.
13.1 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
13.2 If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
13.3 If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
13.4 These terms (and any other terms we display on our website) constitute the entire agreement between you and us with respect to your use of our website, products and services, and replace all prior understandings or agreements, written or oral, regarding the same.
13.5 New Zealand law governs these Terms. You consent and submit to the non-exclusive jurisdiction and venue of the Courts of New Zealand for any cause of action relating to or arising under these terms.
13.6 We operate our website for New Zealand members, customers and users. The information contained on our website may not be appropriate or available for use in other countries. If you access our website from other countries, you do so at your own initiative and risk.
1. How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us at: Rebecca@cookandco.co.nz
2. Collection and Purpose
2.1 We may collect personal information from you in the course of your use of this web site if you input any personal information into this web site. In addition, we also collect cookies from your computer, which enables us to tell when you use the web site and also to help customise the service we provide you. Unless you object, this information may also be used (a) to send news, information about our activities and general promotional material which we believe may be useful to you; (b) to monitor who is accessing the web site or using services offered on the web site; and (c) to profile the type of people accessing the web site. If you do not wish to have your personal information used in this manner or for any other specific purpose, please contact us.
2.2 The purpose for which we collect personal information is to provide you with the best service experience possible on this web site. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of this web site.
3.1 We customarily disclose personal information only to our service providers who assist us in operating this web site. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site.
4. Access and correction
4.1 Privacy Principle 6 of the Privacy Act 1993 allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
5.1 We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation. All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
6.1 In the event that the subscriber wishes to cancel a subscription, no refund will be payable. One full calendar month notice in writing is required. Please email firstname.lastname@example.org.
6.2 In the event that the client wishes to postpone training within two weeks of the scheduled date, please email email@example.com, no refund is payable.