Terms of use / Service

Terms and Conditions

1. Definitions
   In these Terms and Conditions, unless expressed or implied to the contrary:
   Customer or You means any corporate or individual employer or head contractor who purchases a Service from us.
   Persons is a reference to:
   1. a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
   2. a person includes the legal personal representatives, successors and permitted assigns of that person; and
   3. any body which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the first-mentioned body.

            Joint and Several
            If a party consists of more than one person, these Terms and Conditions bind them jointly and each of them severally.

             Governing Law and Jurisdiction 

             These Terms and Conditions are governed by and is to be construed in accordance with the laws of Victoria. 

              Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia waives any right

              to object to proceedings being brought in those courts.

             These Terms, Clauses and Headings In these Terms and Conditions:

1. 1. a reference to these terms or other document includes these Terms and Conditions and other documents as varied or replaced regardless of any change in the identity of the parties;
   2. a reference to a clause, schedule, appendix or annexure is a reference to a clause, schedule, appendix or annexure in or to these Terms and Conditions all of which are deemed part of these Terms and Conditions;
   3. a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
   4. headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of these Terms and Conditions;
   5. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
   6. where the expression including or includes is used it means ‘including but not limited to’ or ‘including without limitation’.
      Severance
      1. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable.
      2. If it is not possible to read down a provision as required in this clause, that provision is severable without affecting the validity or enforce-ability of the remaining part of that provision or the other provisions in these Terms and Conditions.
         Property In these Terms and Conditions, a reference to any property or assets of a person includes the legal and beneficial interest of that person in those assets or property, whether as owner, lessee or lessor, licensee or licensor, trustee or beneficiary or otherwise.
         Fees and Charges means the fees and charges payable by the customer to us pursuant to this
         GST means:
         1. the same as in the GST Law;
         2. any other goods and services tax, or any tax applying to this agreement in a similar way; and
         3. any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.GST Law means the same as ‘GST law’ in A New Tax System (Goods and Services Tax) Act 1999 (Cth);Induct for Work, Us or We means Induct For Work PTY. LTD. ABN [49 164 860 986]. We are the owners of the Website and the Service.
            Inductee means an employee, contractor, sub-contractor or agent or servant of the Customer nominated by the Customer in writing for an induction using the Website.
            Service means any service purchased from us and provided via the Website to Users
            User means you and any person who accesses the Website or uses the Service, including a contractor, employee or member of yours.

            Website means www.inductforwork.com.au

            Fees and Charges means the fees and charges payable by the customer to us pursuant to this
            GST means:

            1. the same as in the GST Law;
            2. any other goods and services tax, or any tax applying to this agreement in a similar way; and
            3. any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.GST Law means the same as ‘GST law’ in A New Tax System (Goods and Services Tax) Act 1999 (Cth);Induct for Work, Us or We means Induct For Work PTY. LTD. ABN [49 164 860 986].
            4.  We are the owners of the Website and the Service.
               Inductee means an employee, contractor, sub-contractor or agent or servant of the Customer nominated by the Customer in writing for an induction using the Website.
               Service means any service purchased from us and provided via the Website to Users
               User means you and any person who accesses the Website or uses the Service, including a contractor, employee or member of yours.

               Website means www.inductforwork.com.au

2. Preliminary
   Please read this agreement carefully.
   1. Access
      1. By browsing, accessing or using this Website or by using any facilities or Services made available through it or by transacting through or on it, you are agreeing to the terms and conditions (“Terms and Conditions“) that appear below (all of which are called the “Agreement“). This Agreement is made between you and us.
      2. We reserve the right to amend these Terms and Conditions at any time and it is your responsibility to review these Terms and Conditions on each occasion you access the Website or use the Service
      3. All changes to these terms and conditions will be posted on-line and disclosed to you by:
         1. the publication of the new or amended Terms and Conditions on our Website; and/or
         2. by email to the email address you register with us.
   2. Termination when new terms and conditions take effect
      1. You may terminate this Agreement by sending a written notice to our email address support@inductforwork.com.au  if you do not wish to be bound by such new Terms and Conditions. Provided all outstanding fees and charges are paid to us prior to termination, the Agreement between you and us will end.
      2. However, continued use of the Service or the Website by you or by Users using a Service purchased by you will be deemed to constitute acceptance of the new Terms and Conditions.
3. General provisions about the use of the Website and any Service
   1. Capacity The Services available on this Website are only available for sale to individuals who can make legally binding contracts. The Services are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making an on-line purchase, you accept these Terms and Conditions and acknowledge that you are over the age of eighteen (18) years.
   2. Location The Website and the Service are designed for and provided solely to those persons who access the Website from Australia. We make no representation that the Service is available or otherwise suitable for use outside of Australia. If you conduct your business outside Australia, you do so at your own risk and we are not responsible for the consequences and for compliance with all laws applicable in your local jurisdiction.
   3. Prevention on use: We reserve the right to prevent you using the Website and the Service (or any part of them) without prior notice.
   4. Closing and/or Suspending accounts
      1. We reserve the right to put any account on hold or permanently cancel accounts due to breach of these Terms and Conditions or any illegal or inappropriate use of the Website or Services.
      2. Users with their accounts placed on hold will not be able to access the Services.
      3. We reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-Australian User pretends to be a User, or disrupts the Website or the Service in any way.
      4. We reserve the right to close your account if you are using an invalid email address and/of your phone number is invalid and/or if your credentials can not be confirmed.
      5. We also reserve the right to close your account if it not being used for 6 month or more and/or if you do not respond to our alerts within 48 working hours.
4. Modifications to the information
   We do not warrant the accuracy, adequacy or completeness of materials and information on this Website. All materials and information may be changed, supplemented, deleted or updated without notice at our sole discretion.
5. Errors and problems
   We do not guarantee that the Website will be free from viruses, or that access to the Website will be uninterrupted.
6. License and Ownership
   1. The copyright for the content on this Website is owned or licensed by us and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
   2. Users agree that the content they voluntarily create, including texts, photos, videos and any other information belongs to them. We reserve the right to use Users logo for marketing purposes only.
   3. Other than personally identifiable information, which is subject to our Privacy Policy, any questions, comments, reviews or other communication which you post to this Website in any manner will be considered non-confidential. We and our affiliates may use any or all such communications for any purpose, including, without limitation, reproduction, transmission, disclosure, publication, broadcast and/or marketing in any manner for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any communication by you. We shall have no obligation to use, return, review or respond to any such communications. We will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. We retain the right to remove any or all communications that includes any material we deem inappropriate or unacceptable.
   4. All the material uploaded to www.inductforwork.com.au is based on User generated content. We do not check this content for violations of copyright, trademarks or any other rights. It is your responsibility to check if the content you or your Users create complies to your State or local regulations. We strongly suggest you and your users to seek professional advice prior to uploading any content. We also encourage everyone to report suspected violations together with proof of ownership. Reported violating content will be removed.
7. Privacy Policy
   Our privacy policy governs the use of information collected from or provided by you on the Website. A policy statement prepared by us for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the Privacy Act ) for a company required to comply is available at www.inductforwork.com.au/legal/privacy-policy/.
8. Feedback, suggestions, comments or requests
   We do encourage you to make feedback, suggestions, comments and these comments may be made to info@inductforwork.com.au and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and we are under no obligation to keep such information confidential, and we will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner we choose.
9. Personal data. Data Processing Agreement
   In order to purchase and use our Service(s) you will be required to provide personal data. For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.
   By uploading and storing content on our servers you acknowledge and agree that Induct For Work shall act as a data processor regarding your content. The relationship between you and Induct For Work related to processing of your content is set out in our Data processing Agreement (DPA), which is an integral part of our Privacy Policy and these TOS.
10. Purchase of Service
    1. You may purchase the Service from the Website after completing your registration. When you go through the procedure for purchasing a Service, after you have confirmed your acceptance to these Terms and Conditions and after we have received payment from you, the transaction will be complete only when:
       1. we email you confirming the transaction; or
       2. you arrive at a page on our Website confirming the transaction, which is our acceptance of the transaction and the time when a contract for purchase of a Service is made. We keep a copy of the contract between us. You are welcome to print out these terms and conditions from our Website as a record.
    2. Your payments for Services are processed via a gateway chosen by us. Your financial institution or payment provider may charge you an additional fee for transacting with us because of this. You agree to pay any such fee when using the Service.
    3. All prices displayed on the Website, including but not limited to prices of Services and delivery and other charges, are quoted in Australian Dollars and are current at the time of issue, but may change at any time without notice.  Any changes to prices displayed on the Website are at the sole discretion of us. Prices displayed on this Website are exclusive of Goods and Services Tax (GST) applied at the rate of 10%.
    4. You are responsible for the payment of any and all taxes, duties and charges or any liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, and additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Website.
    5. You must pay for the use of Services on a monthly basis in advance by credit card by following the directions on the Website. We reserve the right to suspend your access to the Services where payment has not been received by us.
    6. You must also pay us a minimal account management fee of $49 + gst plus an hourly rate of $137.5 + gst if you request us to login to your account for any purposes.
    7. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to Induct For Work.
    8. You acknowledge and agree that your payment details shall be stored by our payment provider Stripe.com to process payment for any Induct For Work Service(s) you purchase or renew.
    9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
    10. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.
    11. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Induct For Work, including without limitation, any court and legal fees and Induct For Work’s reasonable legal fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).
    12. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
    13. Invoices for our Service(s) such as Account Setups are due immediately upon receipt. Induct For Work reserves the right to suspend and/or terminate the Services until payment is made.
    14. By accepting these TOS, you hereby authorise Induct For Work to attach your invoices electronically to your User Area. You can print or download your Tax Invoices at any time. We do not send out paper invoices.
    15. Should the Services be suspended due to your fault for any reason, fees will continue to accrue until the termination or expiry of the term of this Agreement.
    16. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together to resolve any billing disputes. If you contact your credit card company and initiate a “charge back” based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding Fees.
11. Renewal Policy

    All our Services are by default set to renew automatically, on a month to month basis with the exception of annual prepaid accounts. You can upgrade / downgrade your account at anytime within your User Area. You can also switch your account to Free Standard account at anytime.

    We will attempt to renew Services for which automatic renewal is enabled and charge the current Renewal fee(s).

    If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your Payment Details. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.

    You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.

12. Acceptable use policy

    Our acceptable use policy is set out in a separate document published on our Website and is amended from time to time. You may request a copy of the policy from us by emailing your request to support@inductforwork.com.au.

13. Limitation of Liability
    1. We shall not be liable for any damages suffered as a result of accessing, using, printing, copying or downloading from this Website.
    2. To the extent that we are able to limit the remedies available under these Terms and Conditions, and subject to any other condition of these Terms and Conditions, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):
       1. in the case of goods, any one or more of the following:
          1. the replacement of the goods or the supply of equivalent goods;
          2. the repair of the goods;
          3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          4. the payment of the cost of having the goods repaired; and
       2. in the case of Services:
          1. the supply of the Services again; or
          2. the payment of the cost of having the Services supplied again.
    3. In no event shall we be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with any goods or the Services or the Website or these Terms and Conditions. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you and any transaction conducted directly or indirectly or in any way connected with the Website or the Services. You agree that we have no responsibility for the legality of any other user’s actions or inactions.
    4. Notwithstanding the above provisions, nothing in the Terms and Conditions is intended to limit or exclude any liability on the part of us where and to the extent that applicable law prohibits such exclusion or limitation.
    5. We further do not warrant the accuracy, suitability or completeness of the information, text, graphics, links or other items contained within the Website.
    6. You are solely responsible for adequate protection and backup of your data and/or equipment used in connection with the Website and will not make and hereby waive any claim against us for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the Website.
    7. No liability whatsoever (except as provided by law) will be accepted by us for any direct or indirect loss or damage relating to delivery of products (if any) or Services or the performance of products or Services purchased through the Website unless the same occurs because of the willful act or default or negligence of us, our employees, agents or contractors in which case liability is limited to our discretion to the replacement of products or Services or the payment of the cost of having the products or Services resupplied.
14. Disclaimer
    1. You agree that your access to, and use of this Website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on this Website is believed to be accurate and current, it is provided by us in good faith on an as is basis. We accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on this Website. Any reference to products or Services on this Website is for information purposes only and does not constitute an endorsement or a recommendation of those products or Services by us. We expressly disclaim any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non infringement of intellectual property rights relating to information or materials accessible from or on this Website. We shall not be liable to you for any damage resulting from use of or reliance on the materials or information on this Website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs, or other data on your information systems or costs of replacement goods, or otherwise, even if we are expressly advised of the possibility of such loss or damage. To the extent (if any) that the content on this Website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use this Website.
    2. By using this Website and agreeing to these Terms and Conditions, you agree to indemnify us and our employees and affiliates and hold us and our employees and affiliates, harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of this Website or reliance on its contents or information received through it by yourself or any person accessing any content through this Website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
    3. We do not warrant that your access to the goods (if any) and Services or the Website will be continuous or fault free and you acknowledge that we rely on various service level agreements that we have with third parties from time to time and its ability to perform here under may be affected by the terms of such service level agreement.
    4. You agree to indemnify and continue to indemnify and hold us harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or customer or user due to or arising out of: (i) your breach of the Terms and Conditions, or (ii) your violation of any law or the rights of a third party or (iii) as a result of you having a dispute with any other customer or user/s.
    5. You shall comply with all applicable domestic and international laws, statutes, ordinances, common law and regulations regarding the customer or user’s use of the Website and Services. You agree to ensure that any information posted by you on the Website does not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and any other applicable legislation. You are responsible for confirming that all activities are lawful and you must ensure that all applicable laws and the Terms and Conditions are complied with in every respect.
15. Release and Indemnity
    You agree to waive any and all claims that you now have or may have in the future against us and our associates, which relate to, or are incidental to your use of this Website. You agree to indemnify and hold us harmless from and against any and all claims, loss or expense that may be incurred by us or our associates, which relate to or are incidental to the performance of your duties as described in these Terms and Conditions, including all legal costs incurred defending ourselves against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold us and our associates harmless from any claim made by any third party due to or arising out of your use of this Website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this Website using your account, or any intellectual property or other right of any person or entity.

    You further agree to ensure your use of this Website complies with all applicable laws and you provide a further indemnity in accordance with the terms of this clause for any and all claims loss or expense incurred by us or our associates. We reserve the right to terminate your use of this Website and the Services for your non-compliance with these Terms and Conditions or if in our opinion your use of the Website or the Services is illegal or causes distress loss or damage to us or third parties.

16. Outbound links
    1. This Website may contain links to third-party websites and resources ( linked sites ). These linked sites are provided solely as a convenience to you and not as an endorsement by us. We make no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. We may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party Website from the inductforwork.com.au website.
    2. Creating or maintaining any link from another website to any page on our Website without our prior written permission is prohibited. Displaying our Website or any material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
17. Cancellation Policy As a subscriber, you have the ability to cancel your “Induct for Work” subscription at any time by contacting us. Your request must be immediately sent to info@inductforwork.com.au. Your cancellation will take effect at the end of your current billing period. We will stop billing from your next payment cycle so you can continue to enjoy full access and benefits until then. No refunds will be offered. Once your cancellation is effective, you will no longer have an access to any data stored with us. All content and data created by you or your users may get deleted.