Terms and Conditions
Welcome to Safety: On. These terms and conditions outline the rules and regulations for the use of Safety: On website located at www.safetyon.com.au and the Application and mobile Application Safety: On (together “the Network”). The Network is owned and operated by Primivo Group (We, Our, Us) of 268 Montague Road, West End 4101QLD, ABN 86 124 489 267. They form a contract between you and us, so please read them carefully before using the Network. Be sure to contact us if you have any questions or feedback about these terms and conditions.
Terms of Service Agreement
Last revision October 2023
1. Preamble
1.1 Safety: On provides the Safety: On online platform and iOS and Android Apps that enable Users (You, Your) to book and manage business safety requirements and use other related functionalities (the Network). Please read these terms and conditions carefully. By using this Network you agree to be bound by all the terms and conditions of this agreement and our Privacy Policy.
1.2 This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Safety: On reserves the right to change or revise these Terms at any time by publishing the dated and amended version on Our website or by otherwise providing notice to You, such as by email or notification on the website and App. Any such amended version will apply to Your use of the Network from the date of its publication or Our notice to You.
1.3 Your use of the Safety: On Network following the posting of any such changes or a revised Agreement will constitute your acceptance of any such changes or revisions. Safety: On encourages you to review this Agreement whenever you visit the Website or App to make sure that you understand the terms and conditions governing its use.
1.4 This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Safety: On for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Network.
2. Use of Network
2.1 Safety: On grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Network. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorisation from Safety: On or the applicable third party (if third party content is at issue).
2.2 This license is provided on the basis that You comply with these Terms at all times, and comply with any reasonable request by Us in relation to Your use and access of the Network.
2.3 Unauthorised use of the content available on this website may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use.
2.4 Safety: On is not responsible for any damages resulting from use of this Network by anyone. You will not use the Network for illegal purposes. You will:
2.4.1 abide by all applicable local, state, national, and international laws and regulations in your use of the Network (including laws regarding intellectual property and proprietary rights, rights of confidentiality or contractual rights);
2.4.2 not interfere with or disrupt the use and enjoyment of the Network by other users;
2.4.3 not include any material that contains any virus or harmful code, or program that is to impair the performance of the Network or any device accessing Network, or publish or link to malicious content;
2.4.4 not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication;
2.4.5 not defame, harass, abuse, or disrupt other users of the Network;
2.4.6 not impersonate any other person;
2.4.7 engage in conduct that is defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services;
2.5 Safety: On reserves the right to terminate or restrict access to the Network or modify, suspend or cancel any of the online services provided via the Network at any time without notice.
3. Availability of the Network
3.1 While we take all reasonable steps to limit any interruptions to Your access to the Network, You acknowledge and agree that
3.1.1 Your access to the Network may be prevented by issues outside of Our control;
3.1.2 We do not promise continuous or error-free access to the Network, including as to any third party services facilitated by the Network;
3.1.3 the functionality of the Network may change or be improved from time to time; and
3.1.4 You are able to prepare for, or manage, unscheduled unavailability of the Network by:
(i) keeping Your mobile app up to date, which will store local copies of the data stored within the Network; or
(ii) printing hard copies of the information stored within the Network.
4. Intellectual Property
4.1 We (or Our licensors) retain ownership of all intellectual property rights in and to the Network, including messages and content We make available to You.
4.2 Nothing in these Terms transfers any intellectual property or proprietary rights in the Network. All content contained in the Network, including but not limited to text, drawings, photographs and page layout, subsists under and is protected by the Copyright Act 1968 (Cth), You must not:
4.2.1 copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through Your use of the Network;
4.2.2 reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Network; or
4.2.3 rent, lease, lend, resell or sub-licence Your rights to use and access the Network.
4.3 You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions You make to the Network in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by You with respect to the Network, unless otherwise agreed to in writing by Us.
5. Copyright infringements
5.1 We respect the intellectual property rights of others. If you believe that any material available on or through this Network infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
5.2 Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Network infringes your copyright, you should consider first seeking legal advice.
6. Trademarks
6.1 All names, logos and trademarks are the property of Safety: On or the third parties who have contributed to this site. Nothing displayed on the site should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of Safety: On or the relevant third party contributor.
6.2 Any use of these trade marks without the written consent of Safety: On constitutes a breach of the Trade Marks Act 1995 (Cth) and relevant laws in other countries and is expressly prohibited.
6.3 Third party trademarks may appear on the Network and all rights therein are reserved to the registered owners of those trade marks.
7. Third Party Information
7.1 You acknowledge and agree that the Network may provide links to third party websites. Such content and links are not owned, operated or maintained by Safety: On, nor are they affiliated or associated with Safety: On in any way, unless indicated on the external site.
7.2 We are not responsible or liable in any way for any information contained on any linked third part website. Such information, advertisements or links are not endorsements by Safety: On as to the quality, accuracy or completeness of the information or data which is provided or communicated to You via the or any other user of the Network.
7.3 If you choose to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, as far as lawfully possible, Safety: On accepts no liability or responsibility for the actions or omissions of users of the Network or linked sites in relation to the content contained therein.
8. Privacy and Data
8.1 Safety: On endeavours to protect the privacy of both user and provider whilst using Your data. Please also read Safety: On’s privacy policy that is posted on the Network. In using Safety: On, You acknowledge and agree that:
8.1.1 Health and Personal Information You provide via the Network may be shared with Users You have authorised, or communicated with, in accordance with Our Privacy Policy. We will not collect any personal information about you other than that which You provide to Us.
8.1.2 You have the express consent of any third person whose personal information You provide to Safety: On.
8.1.3 We have no control over, and are not responsible for how Users handle Your data – You should refer to their Privacy Policy and direct any such queries to them.
8.1.4 In the course of providing You with a service, We may send You communications in the form of emails, SMS texts, and push notifications for such purposes as reminders, directions, payments, requests for relevant information, feedback and customer satisfaction surveys. Push notifications will appear on all devices with notifications enabled on which You have installed the Safety: On App (with Your account). As such these alerts may be seen by others who have access to Your devices. You can manage push notifications on each device via the Settings.
8.1.5 Whilst We will take all reasonable measures to protect You data, the internet is not a fully secure environment, so You must assess and accept such risk in providing Us with information via the internet. We cannot accept responsibility for breaches of security that are out of Our control. Data stored with Us will be stored in keeping with industry standards.
8.1.6 We will reasonably perform backups of Our system and stored data, but cannot guarantee such backup or recovery of specific User content.
8.1.7 Consent given by You via the Safety: On Network may also be used by Your business, and is valid until and unless revoked by You.
8.1.8 We may use cookies to help Us improve the efficiency of Your Safety: On experience. You have control over this via Your browser settings.
8.1.9 Safety: On may use geo-localisation to provide You with offerings in Your chosen area. The Network will request permission from You for this and only use it to improve Your experience. As such, turning off location services may affect certain features of the App.
8.2 You are responsible for the security of Your login details. If You provide others with access to the Network (for example by giving them Your login details) then You consent to and are responsible for their use of the Network, which may include but not be limited to accessing Your personal information, on Your behalf, and communicating with users on Your behalf.
8.3 If You suspect Your account has been compromised or used by an unauthorised person, You must notify Safety: On immediately.
9. Limitation of Liability
9.1 Safety: On will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement in any manner, including liabilities resulting from the use or the inability to use the website content; some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
9.2 You use Safety: On at Your own risk, and are solely responsible for data You upload or access from the Network (including from third party services). As much as is lawful, Safety: On accepts no liability or responsibility for the actions or omissions of any users of the Network in relation to the content contained within.
9.3 The Network is offered on an “as is” and “as available” basis. Safety: On expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content.
9.4 Without limiting the generality of the foregoing, Safety: On, whilst making all reasonable efforts to provide accurate and up-to-date information, makes no warranty:
9.4.1 That the advice, information, content, services, materials and products provided on this Network are accurate, reliable, suitable, complete, or timely.
9.4.2 That the links to third-party websites are to information that is accurate, reliable, complete, or timely. We are not liable or responsible for the actions or conduct of said third parties.
9.4.3 Safety: On does not endorse the content of promotional or advertising material appearing on the Network and has no liability in respect thereof.
9.4.4 That files or programs accessed via the Network are free from viruses or other malware that could interfere with software, hardware or data, and Safety: On is not liable for any such damage connected with use of the Network.
9.5 The information accessible via the Network does not constitute medical advice and must not be relied upon in a medical emergency. You should always consult a qualified medical practitioner about any medical condition, and if emergent You should immediately contact Your doctor or the emergency services.
9.6 In no event or circumstance will We be liable to any party for:
9.6.1 any illness, injury, or death resulting from use of the Network; or
9.6.2 any direct or indirect, incidental or consequential damages, loss or corruption of data resulting from Your use, or inability to use, or reliance on the Network or its content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the potential for such loss, including but not limited to damages for loss of profits or information, interruption of business, or systems damage (eg. from viruses).
9.6.3 deletion, misdelivery or failure to store information accessed via the Network.
9.7 You agree to indemnify Us for any loss, damage or claim that We may suffer or incur as a result of any breach by You of these Terms and Conditions.
9.8 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law.
10. Indemnification
10.1 You will release, indemnify, defend and hold harmless Safety: On, and any of its contractors, agents, employees, officers, directors, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of:
10.1.1 this Agreement or the breach of Your warranties, representations and obligations under this Agreement;
10.1.2 the Network content or Your use of the Network content;
10.1.3 any intellectual property or other proprietary right of any person or entity;
10.1.4 Your violation of any provision of this Agreement; or
10.1.5 any information or data You supplied to Safety: On
10.2 If Safety: On is threatened with suit or sued by a third party, We may seek written assurances from You concerning Your promise to indemnify Safety: On; your failure to provide such assurances may be considered by Us to be a material breach of this Agreement.
10.3 We will have the right to participate in any defence by You of a third-party claim related to Your use of any of the Website content, with counsel of Our choice at its expense. We will reasonably cooperate in any defence by You of a third-party claim at Your request and expense. You will have sole responsibility to defend Safety: On against any claim, but You must receive Our prior written consent regarding any related settlement.
10.4 The terms of this provision will survive any termination or cancellation of this Agreement or Your use of the Network or Products.
11. Effect of Waiver
The failure of Safety: On to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
12. Governing Law & Jurisdiction.
This Website originates in Australia. This Agreement will be governed by the laws of Australia without regard to its conflict of law principles to the contrary.
Neither You nor Safety: On will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Australia.
By using this Network, You consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
13. Statute of Limitation.
13.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13.2 Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
13.3 Termination. Safety: On reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that You have breached any of the terms and conditions of this Agreement. Following termination, You will not be permitted to use the Website. If Your access to the Website is terminated, We reserve the right to exercise whatever means deemed necessary to prevent unauthorised access of the Network. This Agreement will survive indefinitely unless and until Safety: On chooses, in its sole discretion and without advance to You, to terminate it.
14. Account Registration
14.1 In order to use Safety: On You must first register an Account. In doing so, We require certain identification, which must include as a minimum, but may not be limited to, Your surname, date of birth, email and a mobile number on which You may contacted.
14.2 It is Your responsibility to accurately and correctly set up Your Account, and You are responsible for maintaining it thus.
14.3 If You register and/or use an Account on behalf of another individual, You warrant that You have their express permission to do so, or in the case of family members, are their parent or legal guardian/carer and have the legal authority to bind that individual to these Terms and Conditions.
14.4 Children under the age of 16 are not permitted to use the Network.
15. Suspension or Termination of access to Network
15.1 Safety: On may at our sole discretion, if deemed necessary or appropriate, suspend, revoke or terminate Your Account and access to the Network. These terms and conditions, including indemnities will continue to apply to and beyond the period of Your usage.
15.2 Whilst We will normally advise a User of this course of action, We are under no obligation to do so.
15.3 If Your Account and/or access to the Network is suspended or terminated, your data may be either permanently deleted, de-identified or retained in accordance with regulatory requirements.
16. General
16.1 If any of these terms and conditions (or part thereof) are determined (by an appropriate legal entity) to be invalid, unlawful and/or unenforceable, the remaining other Terms (or part thereof) will still continue to apply.
16.2 Force Majeure. Safety: On will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
16.3 Cessation of Operation. Safety: On may at any time, in its sole discretion and without advance notice to you, cease operation of the Network and distribution of its Services.
16.4 Information contained on and provided by this Network is of a general nature and does not constitute specific medical advice. You should always seek individualised advice from a qualified medical practitioner for Your health condition/s.