Terms & Conditions

Terms & Conditions

Your Consent
By using the website and associated features offered by HSEQ Toolshop, you agree to be bound by all the following Terms & Conditions. These terms and conditions are a legally binding contract between you and HSEQ Toolshop. These Terms & Conditions may be modified and amended by HSEQ Toolshop at any time without prior notice. We will provide notifications of any amendments and/or additions on this website. Your use of this website constitutes acceptance of these Terms & Conditions. You shall not attempt to connect to the website, or to view or use any of the website content if you do not agree to the terms of this Agreement.

1. Terminology
“Effective Date” - refers to the date that the HSEQ Toolshop confirms Subscriber’s right to use the subscription products (eTools).
“Subscription” – refers to a right to use the applicable portions of the website with the subscribed products
“Subscription period” – is the period of time that a Subscriber may utilize the subscribed products
“Subscriber” - also referred to as “User”, refers to an individual/entity/organization/institution that has the right to access the Subscription parts of the Website via a Subscription Fee (“Paid Subscription”), Gift Subscription, No Fee Trial, or other basis. A Subscriber must meet conditions stipulated under clause 17. Warranties.
Furthermore, a Subscriber may be an ‘Individual’ or ‘Multi-User’ Subscriber as follows:
    “Individual Subscriber” refers to a Subscription by a single individual only (“Individual Subscription”); or
    “Multi-User Subscriber” refers to an entity, organization, or institution, that subscribes to the Services for use by its constituents, who may include employees, students, or other end users. The Subscriber under a Multi-User Subscription will remain liable for all acts or omissions of its Authorized End Users (refer the definition below) with respect to access and use of the Services; furthermore and for the avoidance of doubt, the Subscriber will be responsible for ensuring that its Authorized End Users remain fully compliant with these Terms of Service and the Privacy Policy. With respect to a Multi-User Subscription, the following terms apply:
    “Authorized End Users”, refers to the constituents of the Multi-User Subscriber. The number of Authorized End Users under any single Multi-User Subscription may not exceed the number of permitted licenses paid under the Subscription (“Maximum Licenses”). The Authorized End User’s identifier must not be of a generic nature. An example of a unique identifier is user’s email, such as john.black@company.com; generic identifiers include the following examples: sales@company.com or studentA1@university.edu.
    “Admin Manager” means the person who has access&control over the Multi-User Subscription Dashboard, and who may assign other Managers and/or product subscriptions to Authorized End Users, while not exceeding the number of Maximum Licenses.

Subscriber agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Subscription Website or portions of it using Subscriber’s (or the Authorized End User’s) Authentication Information. Subscriber will notify the HSEQ Toolshop immediately of any unauthorized access to, or use of, Authentication Information. The HSEQ Toolshop has the right to disable any Subscriber access to the Services at any time, in its sole discretion if, in the HSEQ Toolshop’s opinion, Subscriber has violated any provision of these Terms & Conditions or appear likely to do so.

2.    Password Policy
Use of certain portions of this website requires the authentication of your identity through the provision of a user identification (ID) and password. As part of your registration process you will be issued with a User ID ("Your email") and password ("Password"). (Your email and Password are hereafter referred to as "Account Login"). The Account Login is for your personal use only. You are responsible for the confidentiality of the Account Login, and agree not to provide it to any third party. You are responsible for all statements made and acts or omissions that occur while your Account Login is being used. HSEQ Toolshop is not responsible for any breach of security caused by your failure to maintain the confidentiality of your Account Login nor it is under duty to enquire as to the authority or propriety of any instructions given to it by you or under your authentication. You agree to notify HSEQ Toolshop immediately in the event of loss or theft of any or all of your Account Login, or if you believe the confidentiality of any or all of your Account Login have been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of the website. HSEQ Toolshop reserves the right to revoke your Account Login or change user authentication details at any time without prior notice if piracy or a violation of the licensing terms is suspected.

3.    Account Access/Account Number
You understand that your use of the website may involve the transmission to and from you of information that may be considered personal and/or financial in nature. You consent to the transmission by electronic means of such information through the website, and such consent shall be effective at all times that you use the website. You understand that your account information is current as of the date indicated and is not a definitive statement of our account.

4.    Provision of Information
When you provide information to HSEQ Toolshop through the website, you agree to provide true, accurate, current and complete information about yourself and your activities. You will also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from HSEQ Toolshop for any purpose. In connection with your use of the website, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and HSEQ Toolshop or their representatives or agents. You acknowledge and consent to the recording, retention and use by HSEQ Toolshop and its employees, representatives and agents of all information and data that you input during your use of the website, including without limitation, all selections and uses of tools included therein.

5.    Updating Your Details
HSEQ Toolshop is entitled to rely on the email address and mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because any changes to your email or mail address have not been communicated via updating your details on the website.

6.    Intellectual Property Rights
All title, ownership rights and intellectual property rights in the HSEQ Toolshop website and all copies thereof, are owned by HSEQ Toolshop and/or its affiliate licensors. All rights are reserved, except as expressly stated herein or through the subscription and licensing agreements. The software and assets are protected by copyright laws, international copyright treaties and conventions and other laws. The software and assets contain certain licensed materials and HSEQ Toolshop and its affiliate licensors may protect their rights in the event of any violation of the agreement. Removing or altering the copyright notices on any material on this website is prohibited. HSEQ Toolshop owns copyright in the website as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the website’s content. HSEQ Toolshop and HSEQ Toolshop logo are proprietary marks of HSEQ Toolshop or their respective owners.

If there exist a dispute about ownership and copyright over uploaded materials, please email admin@hseqtoolshop.com.au stating the items that breach copyright and proof of ownership. HSEQ Toolshop, in a reasonable amount of time, will take steps to remove offending content if your claim proves to be valid. HSEQ Toolshop will not surrender specific user’s details unless required to by law. You acknowledge and agree to pay associated and reasonable administration costs for initiating a copyright dispute.

7.    Completing an Electronic Order
When you complete the electronic order transaction, you are making a non-revocable offer to purchase, which, if accepted by us, will result in a binding contract. Neither submittal of an electronic order nor a completion of the checkout process constitutes our acceptance of your order. Acceptance of payment does not mean we are accepting the contract. If we refuse your order, any payments made will be refunded in full.

8.    Billing and Subscriptions
If you choose to purchase a subscription to the website, we will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If you choose to subscribe to one of our subscription plans, your credit card will be charged based on the cost of the service as then set forth on the website from time to time. Your charge will be authorized and charged at the time you order. You will be notified by email prior to the end of your chosen subscription term that your subscription is about to expire, and you will then have the opportunity to renew. HSEQ Toolshop reserves the right to change its fees or billing methods at any time. We will provide the notice of such changes on our website. You agree to promptly provide HSEQ Toolshop with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.

9.    Compliance with Applicable Laws
Users’ access to this website is governed by all applicable State and Commonwealth laws.

10.    Code of Conduct
You agree not to do any of the following:
•    Share your unique HSEQ Toolshop Authentication details (including login and/or password) with anyone
•    Restrict or inhibit any other authorized user from using and enjoying the website. This includes without limitations: (a) using, or attempting to use, any other account than your own, or (b) obtaining or soliciting another person’s password or other personnel information under false pretenses
•    Interfere or attempt to interfere with the operation of the website. This includes, without limitation, interfering with, defeating, or circumventing any security function of the website, or transmit any knowingly inaccurate or misleading personal or financial information
•    Post, store or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane or otherwise objectionable (as determined by HSEQ Toolshop) information or material
•    Post, store or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law
•    Use the website to post, store or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component
•    Use the website to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store or transmit is subject to a third party’s rights
•    Use of the website for any unlawful purpose
•    Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile, or disassemble any portion of the website

11.    Assumption of Risk
Use of the Internet and this website is solely at your own risk and is subject to all applicable State, Commonwealth, International laws and regulations. While HSEQ Toolshop endeavors to provide a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed. Accordingly, HSEQ Toolshop and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns are not responsible for the security of the information transmitted via the internet. The User assumes sole and complete risk for using the website and must make his or her own determination as to these matters.
HSEQ Toolshop shall use reasonable precautions to maintain the confidentiality of the information you have provided to us and information you have created, input or developed in connection with your use of the website, but because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that any information provided by you through the website, or any communication through e-mail will remain secure.

12.    Law Enforcement
HSEQ Toolshop reserves the right to view, monitor and record activity on the website without notice or permission from you. HSEQ Toolshop will comply will all court orders involving requests for such information.

13.    Limitation of Liability
13.1 The accuracy, completeness, sequence or timeliness of the information cannot be guaranteed. HSEQ Toolshop and its affiliates, agents and organizations to whom the information may be submitted shall not have any responsibility for direct, indirect, consequential, special, or other damages you incur for any reliance by you on information or for the reliability, accuracy, completeness, sequence or timeliness thereof, or for any delays or errors in the transmission or delivery of any part of the information or website.
13.2 Except as expressly set forth in this agreement, HSEQ Toolshop and its affiliates and agents hereby expressly disclaim all express and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted services. HSEQ Toolshop does not warrant, guaranty, or make any representations or warranties whatsoever, express or implied, or assume any liability to you regarding (i) the use or the results of the use of the services, including without limitation any securing of contracts from organizations to whom the information is submitted, results based on use of the website or information or any delay or loss of use of the website, or (ii) system performance and effects on or damages to software and hardware in connection with any use of the website.
13.3 In addition to and without limiting the foregoing, HSEQ Toolshop shall not be liable for any harm caused by the transmission, through the website, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the services or any of your software, hardware, data or property.
13.4 In addition to and without limiting the foregoing, HSEQ Toolshop makes no representation and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any other website not under the HSEQ Toolshop’s control.
13.5 HSEQ Toolshop will not be liable for any loss (directly or indirectly) of data, time, profit, earnings or goodwill relating to your use of our services. We will also not be liable for downtime or outages with our servers. Should you make an applicable claim, the total amount of any claims shall not exceed the fees that you paid for our services.
13.6 HSEQ Toolshop and its affiliates and agents shall not be liable for any losses or damages incurred by you related in any way to your use of the website and information submitted by you to other organizations. Except as otherwise provided by law, HSEQ Toolshop shall have no liability for losses caused by the negligence, actions or failure to act of the provider or any third party provider, and to the extent permitted by law, neither HSEQ Toolshop nor the provider or any third party provider shall be liable to you for any indirect, special, incidental or consequential damages (regardless of whether such damages are reasonably foreseeable), or for any loss that results from a cause over which HSEQ Toolshop or any other such entity does not have control, including but not limited to failure of electronic or mechanical equipment, unauthorized access, provision by you of incorrect or misleading information, strikes, failures of common carrier or utility systems, severe weather, or other causes commonly known as "Acts of God".

14.    Termination
HSEQ Toolshop may terminate your account with or without cause at any time. Grounds for termination include, but are not limited to, failure to pay the fees, use of the site contrary to these Terms & Conditions, or any other violations. Once your account is terminated, your right to use the website ceases. HSEQ Toolshop shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

15.    Fees
You agree to pay all fees for your use of the website. All fees are inclusive of GST/VAT where applicable, or as required by law. HSEQ Toolshop reserves the right to change the fees at any time. New fees will only apply to any new purchases / transactions initiated after the new fees were published. HSEQ Toolshop will provide notifications of any fee changes on the website or by email.

16.    Refunds
SALES ARE FINAL AND ARE NON-REFUNDABLE AND NON-CANCELLABLE IN WHOLE OR IN PART UNLESS THE SALE IS REFUSED BY HSEQ Toolshop.

17.    Warranties
You represent and warrant that you are at least 18 years of age and that you possess legal right and ability to enter into this Agreement. You represent and warrant that all of the information provided by you during the registration process is true and accurate and correct. This agreement takes effect from the date when your click "Create new account" button during the registration process. The Terms & Conditions will remain operative until either you or HSEQ Toolshop terminate the services.

18.    Indemnity
You agree to defend, indemnify and hold harmless HSEQ Toolshop, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that may arise from or in connection with breach of this Agreement or the use of the HSEQ Toolshop website, by you or any person(s) using your Account, or from or in connection with any user generated content, or the creation, distribution, promotion and use of any derivative works, created or provided by you or any person(s) using your Account. HSEQ Toolshop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to HSEQ Toolshop in that matter. This section regarding indemnification shall survive termination of this agreement.

19.    Miscellaneous
19.1 This Agreement represents the complete and exclusive statement of the agreement and understanding between you and HSEQ Toolshop regarding your rights to access and use the website and information on the website, and supersedes all prior and contemporaneous agreements and representations regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of this Agreement shall be effective against HSEQ Toolshop unless the same is in writing and signed by an authorized official of HSEQ Toolshop. HSEQ Toolshop may modify these Terms & Conditions at any time upon written notice or posting to the website. You agree that if you use the website after such notification of changes in the Agreement, you will be bound by all such changes. At the time of such modification, you will have the opportunity to reject such modification, which rejection shall constitute a termination of this Agreement and of your rights to access and use the website. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
19.2 HSEQ Toolshop's failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on HSEQ Toolshop's part to exercise any power or right given to HSEQ Toolshop in this Agreement, or a continued course of such conduct on HSEQ Toolshop's part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to HSEQ Toolshop in this Agreement are cumulative and not exclusive of any other rights or remedies which HSEQ Toolshop otherwise has at law or equity.

20.    Assignment
This Agreement and your rights and obligations hereunder may not be assigned by you without the written permission of HSEQ Toolshop and shall transfer to the benefit of HSEQ Toolshop's successors and assigns whether by merger, consolidation or otherwise. HSEQ Toolshop may assign this Agreement or any of its rights or obligations under this Agreement to a company affiliated with, or a successor to or assignee of, HSEQ Toolshop, or to any other third party.

T&Cs were last modified on 6th June 2015
https://hseqtoolshop.com.au

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