Crew Go Terms of Use (“Terms”) – Registration Form

Crew Go Safety Registration Terms of Use (“Terms”)

 

  1. Definitions

 

  • Australian Consumer Law: Schedule 2 to the Competition and Consumer Act 2010 (Cth).
  • Business Day: A day from Monday to Friday excluding public holidays in NSW.
  • Business Hours: 8:30am – 5:00pm on Business Days.
  • Form: CrewGo Safety Induction Registration Form
  • Intellectual Property Rights: All copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
  • Non-Excludable Guarantee: A non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.
  • Application Form: The document entitled “Submit Your Requirements” available on the Website.
  • Parties: You and Us
  • Partner Portal: web portal hosted on the Website which is accessed by username and password
  • Personal Information: Has the meaning given in the Privacy Act 1988 (Cth).
  • Privacy Policy: Our Privacy Policy at personnelmanager.com.au/privacy.
  • Services: the provision by Us to You of the completed CrewGo Safety Induction Registration Form, and a QR Code and/or electronic link(s) to the CrewGo Safety Induction Registration Form and access to the CrewGo Web Portal.
  • Staff Member(s): Employee(s) of the Subscriber.
  • Subscriber: the person, company or business that purchases a subscription to use the Form and Services.
  • Third Party: Any party that is not you or us.
  • We/Our/Us: CrewGo Australia Pty Ltd ABN 31 623 216 713 of Suite 152, 10 Park Road, Hurstville NSW 2220 Australia.
  • Website: https://crewgo.co
  • WHS Content: information uploaded and/or submitted by you to us through the Website for the purposes of creating the Form including, but not limited to, your company details, venue information, worksite locations, Safe Work Method Statements (SWMS), Toolbox Talks, Risk Assessments, Incident Reports and your policies and procedures.
  • WHS Law: the legislation enacted in the relevant jurisdiction in which work is performed, that regulates the safety of the work performed and obligations arising for insurance compensation schemes established to address workplace injury and disease.
  • You/Your: the Subscriber to the Form and Services.

 

  1. About the CrewGo Safety Induction Registration Form

Welcome to https://crewgo.co (“Website”). Here you can subscribe to a customised CrewGo Safety Induction Registration Form (“Form”) for your staff and visitors to easily view and accept your work, health and safety management system on their mobile devices. CrewGo will custom create your Safety Induction form with a link accessible for any visitors and staff members. We can provide a QR code for visitors to scan with their camera to open the form or we can add the links as buttons to your website and provide them in SMS and / or emails that can be automatically sent. You can also access the Partner Portal to view the records of all your registrations made through the Form (the “Services”).

We own and operate the Website and provide the Form and the Services.

  1. Acceptance of these Terms

Please read these Terms of Use (the “Terms”) carefully. These Terms, our Privacy Policy and all other policies related to the Website and Services form the entire legal agreement between you and us.

By creating an Account, using the Services, and/or purchasing a Subscription you will be taken to have read, understood and agree to be bound by these Terms. You may also accept these Terms by clicking to accept the Terms where this option is made available to you.

If you do not agree with the Terms, you must stop using the Website, or any Services, immediately.

You may not use the Services or accept the Terms if you are not of legal age to enter into a binding contract with us.

If you are agreeing to these Terms or registering an Account on behalf of a company or organisation, you warrant and agree that you have the authority to bind the company or organisation to these Terms and that the company or organisation will be bound by these Terms. We reserve the right to change the Terms at our sole discretion at any time by reasonable notice to you including by posting revised Terms on the Website. Any changes to the Terms take immediate effect and shall be binding on you from the date of their posting on the Website.

  1. Privacy Policy

Please see our privacy policy accessible at www.personnelmanager.com.au/privacy. Your use of the Form and the Services constitutes acceptance of our Privacy Policy.

  1. Application and Account

In order to access the Services, you must first complete the Application Form on the Website. As part of the application process, and as part of your continued use of the Services, you will be required to provide some personal information including your email address and information regarding your worksites and work, health and safety practices. You warrant that any information provided to us during the application process is accurate, correct and up to date.

Once you have completed the application process, we will allocate you an account (”Account”). You are responsible for maintaining the confidentiality and integrity of your Account and are responsible for all use and activity carried out on your Account. You must immediately notify us of any unauthorized use of your Account information and/or any breach of security of which you become aware.

  1. Subscription to use the Form and Services

Once you have completed the application process and have been allocated an Account, you will be required to purchase a subscription (“Subscription”) and pay the applicable fee for the selected Subscription (“Subscription Fee”) to continue using the Form and Services.

By purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you select is suitable for your use. The Subscription Fee will be based on the number of SWMS, Toolbox Talks, Risk Assessments, Incident Reports you require to be included as part of your Form. The standard Subscription Fee includes one of each of the SWMS, Toolbox Talks, Risk Assessments and Incident Reports.

Your subscription will start when you have paid the Subscription Fee and will continue until the end of the subscription period you have selected (“Subscription Period”). At the end of the initial Subscription Period, your Subscription will automatically renew for a further Subscription Period on the same terms as the initial period, unless you cancel your Subscription before it renews.

We may but are not obligated to send you any renewal notices or other reminders at the end of the Subscription Period. It is your sole responsibility to monitor your Account and promptly advise us of any changes to your Account or Subscription, including cancellations.

  1. Your Obligations as a Subscriber

As a Subscriber, you must:

  1. pay the Subscription Fee;
  2. use the Form and Services only for lawful purposes that are permitted by the Terms;
  3. not use the Form and Services to promote or partake in any illegal or unauthorized conduct;
  4. not knowingly upload any materials or URL links that contain any software or computer viruses that will interfere with the Website or any third party’s authorised use of the Website;
  5. not upload, transmit or otherwise make available any content that is in violation of any third party’s intellectual property rights or any laws protecting intellectual property in any jurisdiction;
  6. not upload, transmit or otherwise make available any content that violates an individual’s rights to publicity or privacy; and
  7. use the Form and Services in full compliance with all applicable laws, regulations, and practices.
  1. Your WHS Content

You are solely responsible for WHS Content that you upload through the Website for the creation of the Form and the provision of the Services.

To the extent possible by law, we are not liable in relation to any content submitted or uploaded to the website for the purposes of creation of the Form by you or any other person and the person who submits the content or uploads the content for the Form is responsible for the legality of the content and any claims arising in respect of the relevant content. We do not accept responsibility for the conduct of any users of the Form.

 

Where you submit or upload any information, text, graphics, or other audio or visual material (“content”) to the website for the purpose of creation of the Form, you warrant, agree and represent that:

  • you are fully entitled and authorised to upload, input, transfer and disclose the content to us and other users;
  • the content and our collection, use, storage and/or disclosure of it in the course of operating our business (including, but not limited to, where such disclosure or use involves displaying the content to other users of the Form ) will not breach any applicable law or any right of any person.

We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete any material, content, data or information created, and submitted or uploaded by you through the Website for the creation of the Form.

  1. Accessing and availability of the Form

You acknowledge that your use of the Form may not be error free and your use of the Form may be interrupted. The Form may be unusable from time to time while we are conducting maintenance of the CrewGo Web Portal or any part of it, or as a result of any telecommunications network failure or fault, if your electronic device, system or network loses internet connectivity or as a result of any other matter beyond our reasonable control. To the extent possible by law, we shall not have any liability in respect of any of the foregoing matters and for any interruptions to business or for loss of data suffered by any person.

 

You agree that we may, at any time, access and/or inspect your WHS Content that you upload through the Website and/or access and/or inspect your Account, as deemed necessary by us to manage the Form and Services including as required, to support, and perform maintenance.

 

While you are a Subscriber, we agree to use our best endeavours to ensure that the Form is available through the provided QR Code and/or Web Portal Links. You agree and acknowledge that the accessibility and use of the Form through QR codes and Web Portal Links is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Form operates, interfaces with or connects to, and that we are not responsible for any non-performance of the Form associated with any of those matters. Except in respect of any non-excludable guarantees, we do not guarantee that the Form or access thereto will be uninterrupted or error-free and you hereby release us in respect of any loss and damage that we may incur and/or for any claims and/or complaints you may have against us in respect of any interruption, error or unavailability of the Form.

 

  1. Our Intellectual Property Rights

 

You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to you. As between you and us, we own all Intellectual Property Rights in the  Form and in any modification, updates, upgrades, enhancements, versions and improvements thereto.

 

All content on the  Form, including text, graphics, sounds, videos, and logos is protected by trademark, service mark, copyright, patent, trade secret, or by other law, and between you and us, is our sole and exclusive intellectual property (other than with respect to your data).

 

You have no rights in the  Form or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to these Terms of Use.

 

  1. No Warranty

Use of the Form and Services is solely at your own risk. The Form is provided to you as a format “as is” without warranty or representation of any kind as to the WHS Content provided by You.

None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Form make any express or implied representation or warranty about the WHS Content provided by You and incorporated into the Form. This includes (but is not restricted to) loss or damage you might suffer as a result of:

  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration, or unauthorized access to records;
  2. the accuracy, suitability, or currency of any information in the WHS Content; and
  3. costs incurred as a result of you using the Website, the Services or the Form.
  1. Limitation of Liability

You agree and acknowledge that you are solely responsible for and you must indemnify us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

  • your misuse of the Form and/or Services;
  • your breach of these Terms;
  • your breach of any applicable award, guideline, direction, law or regulation

 

Except in respect of any non-excludable guarantees implied by the Australian Consumer Law, we do not represent that the information and content displayed on the Form is accurate, correct, up-to-date or error free. You agree that you will seek all appropriate WHS, legal and other advice as applicable, and verify that any WHS Content you submit to us for inclusion in the Form is accurate, correct, up-to-date and error free.

Our total liability arising out of or in connection with the Form and the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to the resupply of the Form and Services to you.

You expressly understand and agree that we and our employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

Nothing in the Terms limit or exclude any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  1. Indemnity

You agree to indemnify and hold harmless CrewGO, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

  1. your WHS Content;
  2. your relationship with your customers and Form respondents;
  3. any alleged or actual copyright infringement or infringement of third party intellectual property rights by you;
  4. your access or use of the Website, Form and/or Services; and/or
  5. any breach of the Terms by you.

We are not responsible for your compliance or non-compliance with any WHS Law. Each user of the Form must comply with the WHS Law in connection with their use of the Form. You must indemnify us from and against any loss or damage that we incur as a result of your failure to comply with WHS Law or other applicable law.

  1. Termination

The Terms will continue to apply until terminated by either you or us as set out below.

If you want to terminate the Terms, you may do so at any time by cancelling your Subscription through your Account settings.

We may at any time, terminate the Terms with you, or suspend or deny your access to the Form and Services, if:

  1. you have breached any provision of the Terms or intend to breach any provision;
  2. you breach any applicable law;
  3. we are required to do so by law;
  4. your conduct impacts our name, goodwill, reputation and/or violates the rights of a third party; or
  5. the provision of the Services to you by us is, in our opinion, no longer commercially viable.

We reserve the right to cease operating the Website and Services without notice and for any reason.

  1. Effect of Termination or cancellation

If these Terms are terminated in accordance with clause 14 then:

  1. you will still be able to view previous Form submissions;
  2. you will not have access to QR Codes or Links;
  3. you will not be able to edit or publish your existing Form; and
  4. we will not be liable to you for any costs, losses or damages arising as a result of terminating your access to the Form and Services.

We will not hold onto your data or Account indefinitely. If we need to remove your Account and delete your data (including previous form submissions), we will provide you with written notice in advance so that you may download or back up any data before we remove your Account.

  1. Notices

Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to you, we shall use your contact details for your Account.

You may contact us or send a notice to us using our contact details that are specified on our website at http://www.personnelmanager.com.au/.

Any notice issued by hand shall be deemed delivered upon delivery.

Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 15 Business Days after posting if posted internationally. Any notice issued by email shall be deemed delivered when the email is sent. We may send you email or other electronic messages concerning your Account and the Form and/or Services from time to time.

  1. Dispute Resolution

The parties shall first attempt to resolve any dispute, controversy or claim (“Dispute”) arising out of or relating to the Terms by mediation, rather than in court as set out in this clause 22.

The complaining party must give written notice to the other party detailing the nature of the Dispute (“Dispute Notice”).

Upon receipt of the Dispute Notice, the parties must agree to meet at an agreed location or via video or teleconference within 30 days of the Dispute Notice to attempt to resolve the Dispute in good faith.

If within 30 days of the Dispute Notice, the Dispute is not resolved, the complaining party may only then seek remedies through court action.

  1. Applicable Laws and Jurisdiction

The Terms are governed by the laws of New South Wales, Australia.

Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, the part deemed void or unenforceable shall be severed from the Terms and shall not affect the validity and enforceability of the remaining provisions in the Terms.