Terms and Conditions
Welcome to the inductPro web site (the Site) owned and operated by Safety Concepts Group (SCG). This agreement contains the terms, covenants, conditions and provisions (Terms and Conditions) upon which you (the user) may access and use the Site.
1. Terms and Conditions
By using the induction management service offered by inductPro, you agree to be bound by all of the following terms and conditions. These terms and conditions may be modified and amended by SCG at any time without prior notice to you. SCG will provide notifications of any amendments and or additions on the inductPro website or by email. Your use of this Site constitutes acceptance of these terms and conditions. You agree not to attempt to connect to the Site, or to view any of the Site if you do not agree to the terms of this Agreement.
2. Password Policy
Your use of certain portions of this Site requires the authentication of your identity through the provision of a user id and password. As part of your registration process you will be issued with a User ID ("Name") and password ("Password"). (The Name and Password are hereafter referred to as "Account Codes"). The Account codes are for your personal use only. You are responsible for the confidentiality of the Account codes, and agree not to provide them to any third party. You are responsible for all statements made and acts or omissions that occur while your Account codes are being used. SCG is not responsible for any breach of security caused by your failure to maintain the confidentiality of your Account codes nor is it under in the 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 SCG immediately in the event of loss or theft of any or all of your Account codes, or if you believe the confidentiality of any or all of your Account codes has been compromised in any way, or in the event of your learning about a possible or actual unauthorised use of the Site. SCG reserves the right to revoke your Account codes or change or alter uses authentication items at any time pretty reason at any time without prior notice.
3. Account Access/Account Number
You understand that your use of the Site may involve the transmission to and from you of information that may be considered personal and/or financial information. You consent to the transmission by electronic means of such information through the Site, and such consent shall be effective at all times that you use the Site. You understand that your account information is current as of the date indicated and is not a definitive statement of our account. A unique account number and inductPro prequalification number will be assigned to you by the Site. You understand and agree that upon the termination of your account for any reason the inductPro account number and prequalification number will be terminated by SCG.
4. Provision of Information
When you provide information to SCG through the Site, 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 SCG for any purpose. In connection with your use of the Site, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and SCG or their representatives or agents. You acknowledge and consent to the recording, retention and use by SCG and its employees, representatives and agents) of all information and data that you input during your use of the Site, including without limitation, all selections and uses of tools included therein.
5. Updating Your Details
SCG 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 of changes to your email or mail address has not been communicated via updating your details on the Site.
6. Intellectual Property Rights
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to Australia copyright, trade secret, and trademark law, as well as other State and/or Commonwealth law, and international laws and regulations. Except as expressly provided herein, SCG does not grant any express or implied right(s) to Users of the Site. Copyright and other propriety rights in the Site, or portions thereof, may be held by individuals and/or entities other than SCG. Removing or altering the copyright notices on any material on this Site is prohibited. SCG owns copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s content. inductPro’s and SCG’s logo are proprietary marks of SCG or their respective owners.
7. Compliance with Applicable Laws
Users’ access to this Site is governed by all applicable State and Commonwealth laws.
7.1. Code of Conduct
You agree not to do any of the following:
- Restrict or inhibit any other authorised user from using and enjoying the Site. This includes without limitations: (a) using, or attempting to use, any account without the owner’s permission, 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 Site. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do soPost, store, 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 SCG) information or material.
- Post, store or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offence, gives rise to civil liability or otherwise violate any law.
- Use the Site to post, store or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Use the Site 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 Site for any unlawful purpose.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile, or disassemble any portion of the Site.
7.2 Assumption of Risk
Use of the Internet and this Site is solely at your own risk and is subject to all applicable State, Commonwealth, International laws and regulations. While SCG endeavors to provide a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, SCG 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 Site and must make his or her own determination as to these matters.
SCG shall use reasonable precautions to maintain the confidentiality of the information you have provided to SCG and information you have created, input or developed in connection with your use of the Site, 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 Site, or any communication through E-mail will remain secure and you acknowledge that the information supplied by you will be used for the purpose of assessment of your capability in relation to Occupational Health and Safety requirements and this information will be disclosed to organisations who may seek to use your services, and to SCG’s employees, representatives, officers, agents, and affiliates:
a) For any purpose related to the conduct of SCG's business or to the offering, providing or maintaining of the Site and confirming that your health and safety capability has been assessed by SCG.
b) To comply with applicable rules, orders, subpoenas or other legal process or in order to give information to any government agency or official requesting such information, or
c) For any other legitimate business purpose
You release and Indemnify SCG from and against any improper use of the information so submitted to such organisations.
7.3 Law Enforcement
SCG reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organisations in connection with investigation or prosecution of possible criminal activity on the Site. SCG will also comply will all court orders involving requests for such information.
Limitation of Liability
a) The accuracy, completeness, sequence or timeliness of the information cannot be guaranteed. SCG and its affiliates, agents and organisations 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 site.
b) Except as expressly set forth in this agreement, SCG 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. SCG does not warranty, 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 organisations to whom the information is submitted, results based on use of the site or information or any delay or loss of use of the site, or (ii) system performance and effects on or damages to software and hardware in connection with any use of the site.
c) In addition to and without limiting the foregoing, SCG shall not be liable for any harm caused by the transmission, through the site, 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.
d) In addition to and without limiting the foregoing, SCG makes no representation and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any other site not under SCG’s control.
e) SCG 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 site and information submitted by you to organisations. Except as otherwise provided by law, SCG 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 SCG 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 SCG or any other such entity does not have control, including but not limited to failure of electronic or mechanical equipment, unauthorised 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".
9. Links to Other Sites
The Site may contain links to other websites of third parties (external sites). SCG is not required to maintain or update the links. Links to external sites should not be construed as any endorsement, approval, recommendation or preference by SCG of the owners or operators of external sites. SCG has no control over or will accept no responsibility or liability in respect of the material on any such other website.
SCG 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, lack of use, or any violation of the Terms of Service. Once your account is terminated, your right to use the Site ceases. SCG 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.
You agree to pay all fees for your use of the Site. All fees will be inclusive of GST where applicable, or as required by law. SCG reserves the right the change the fees at any time upon not less the thirty (30) days’ notice to Users. SCG will provide notifications of any changes on the Site or by email.
12. inductPro Prequalification for Contractors
In order for the User to receive inductPro prequalification, the information the User provides in the inductPro Assessment will be reviewed by a InductPro auditor against the activities you have provided in your Activity Classification. You warrant that the information supplied by you in the InductPro Assessment will be true and accurate and not subject to any limitation whatsoever. inductPro prequalification will only be for the activities the User has identified in your Activity Classification. The User will be allocated two attempts (an initial submission and one additional submission) to receive inductPro prequalification. The inductPro auditors will provide feedback only for unsuccessful answers. If after the second attempt the User is still unsuccessful in receiving inductPro prequalification, the inductPro auditor will only provide examples of means to assist in receiving prequalification, such as seeking an OHS specialist. The User has 30 days to respond to the unsuccessful answers. If the User has not responded within 45 days the User will be automatically deemed not qualified. It is the User’s responsibility to seek its own means of receiving inductPro prequalification.
inductPro prequalification does not remove your statutory responsibilities under occupational health and safety legislation and does not mean you are necessarily in compliance with all relevant legislation.
12.1 Disclosure of Information
The User is expected to notify Safety Concepts immediately of any additional information that may have bearing on the application or inductPro prequalification, including:
Details of enforcement action, including statutory notices, and or prosecutions.
Common Law action associated with health and safety.
Major OHS accidents.
Changes to insurance policies such as withdrawal or cancellations.
Any other information that may affect your application or inductPro prequalification.
Safety Concepts reserves the right to modify, adjust or cancel inductPro prequalification upon the receipt of additional information from whatever source. Reasons for the cancellation may be passed onto clients.
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 to continue button during the registration process. The terms and conditions will remain operative until either you or SCG terminate the services.
You hereby indemnify and hold harmless SCG (and its directors, officers, employees, control persons, vendors, licensors and agents), and any third party provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including legal fees and costs on a solicitor own client basis ) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement or your use of the Site (i) in violation of this Agreement, (ii) in violation of rights of SCG, and any third party information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation, or (iv) your failure to maintain the security of your Account codes as applicable in accordance with this Agreement (iv) your failure to provide true and correct and accurate information upon which any assessment and representation is made by SCG to organisations that you have satisfactorily complied with SCG’s assessment as to your suitability as a inductee in having met all processes to safely conduct your work. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
a) This Agreement represents the complete and exclusive statement of the agreement and understanding between you and SCG regarding your rights to access and use the Site and information on the Site, 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 SCG unless the same is in writing and signed by an authorised official of SCG. SCG may modify these terms and conditions at any time upon written notice or posting to the Site. You agree that if you use the Site 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 Site. 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.
b) SCG's failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on SCG's part to exercise any power or right given to SCG in this Agreement, or a continued course of such conduct on SCG'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 SCG in this Agreement are cumulative and not exclusive of any other rights or remedies which SCG otherwise has at law or equity.
This Agreement and your rights and obligations hereunder may not be assigned by you without the written permission of SCG and shall transfer to the benefit of SCG's successors and assigns whether by merger, consolidation or otherwise. SCG 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, SCG, or to any other third party.