Terms and Conditions - Construction WHS Consultants


This website is operated by Construction WHS Consultants and is hosted by Wix.  There is also links to our on-line store which is hosted by Shopify Inc.  They provide us with the on-line e-commerce platform which allows us to sell our products and services to you. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Construction WHS Consultants.  Construction WHS Consultants offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices contained herein.
By accessing, browsing and/or purchasing from Construction WHS Consultants, you denote your acceptance of the following terms and conditions.  This includes those additional terms and conditions and policies referenced herein and available on the site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, affiliates and/or contributors of content.
Please read these Terms and Conditions carefully. If you do not agree to all the terms and conditions of this agreement, then you will have not have access to our products and the only solution is to discontinue use of the website. 
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1
Disclaimer
Construction WHS Consultants, its officers, servants, affiliates, agents, contractors, or licensors will not be held responsible (liable) for any actions, claims, liability, damage, loss or injury incurred in connection with or arising from or is in any way related to accessing or utilising Construction WHS Consultants products, services and material and the information contained therin, irrespective of the type of loss, damage or injury and however this loss, damage or injury may occur, arise or be caused.  This includes but is not limited to any negligence, wilful act, breach of contract, errors, omissions in any content, breach of statutory duty or otherwise by Construction WHS Consultants, its officers, servants, employees, affiliates, agents, contractors, or licensors. 
In accessing and utilising the documentation contained on the Construction WHS Consultants site, the user accepts and agrees that it is provided as generic, non- site specific material and as such the user indemnifies Construction WHS Consultants, its officers, servants, affiliates, agents, contractors, or licensors against any actions, claims, liability, loss or damage irrespective of it having arisen or being directly or indirectly caused from or is in any way related to accessing or utilising Construction WHS Consultants products, services and material and the information contained therin and irrespective of whether or not such materials have been modified by the user.
Copyright/Licence Terms
By agreeing to these Terms and Conditions you understand that you are purchasing a single user license/permission for any of the documentation contained on the Construction WHS Consultants site.  A single user licence/permission can only be used by the individual or business or Company purchasing the documentation for internal Work Health and Safety and/or Occupational Health and Safety compliance management only. No part of documentation under any circumstances, can be passed onto or resold for any reason whatsoever to a third party without written consent from Construction WHS Consultants.  If documents are required for tendering application purposes they may be submitted on a confidential basis with the express permission of Construction WHS Consultants but are not permitted to be used for public distribution. 
Refund Statement
Construction WHS Consultants has endeavoured to ensure the accuracy and high quality of the documentation and within the guidelines of Australian Health and Safety Legislation and AS/NZ 4801 for workplace compliance purposes.  All effort has also been made to ensure that the product details and description contained on the site adequately describes the product you are purchasing.  If you, for whatever reason are not satisfied with the quality of your purchase please contact us immediately by completing the enquiry form on the site or the phone number provided.  If the issue cannot be rectified a refund will be offered within 7 days from the date of purchase or a credit offered (subject to our refund policy).  Please choose carefully as an incorrect choice does not constitute reason for a refund.  If you have any concerns or queries with regard to any of our products please let us know via our site Contact Us form and complete your enquiry.  

Guarantees and Warranties
Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010 (Cth) (CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions.  Except as precisely set out in these terms and conditions, the Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the products for specific sites or projects. The Seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.  
If the Purchaser is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A Schedule 2. If the Seller is required to replace the Products under this clause or the CCA, but is unable to do so, the Seller may refund any money the Buyer has paid for the Products. If the Purchaser is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the Products is not valid.  Subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
The Purchaser using the products for any purpose other than that for which they were intended
The Purchaser failing to conduct on site safety auditing and/or risk management processes
The Purchaser failing to appropriately adjust the products to site specific risks and hazards
The Purchaser continuing the use of any products after any flaw became apparent or should have become apparent to a reasonably prudent operator or user
The Purchaser failing to follow any instructions or guidelines provided by the Seller
Privacy Statement
Construction WHS Consultants understands the need for and respects your privacy.  When you provide us with information to complete a transaction or make an enquiry on our site, we imply that you consent to our collecting and using the information for that specific reason only.  The information is stored on our hosts secure servers behind a firewall.    If you choose a direct payment gateway to complete your purchase then Shopify stores your credit card data.  It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and stored as long as is necessary to complete your purchase transaction.  On completion your purchase transaction information is deleted.  All direct payment gateways adhere to the standards set by PCI-DSS by the PCI Security Standards Council, which is a joint effort of brands like, Visa, Master Card and American Express. An email notification follows your order, however information regarding the payment details (PayPal or Credit Card) is NOT NOR WILL EVER BE transmitted via email or any other insecure means. 
It is our policy:
* Not to sell, trade or otherwise disclose your information to third parties unless our Terms of Service have been violated or we are required by law to do so.
* The content of the site belongs to Construction WHS Consultants and is subject to change without notice.  Illegal or unauthorised use, including copying or distribution of material unless that which is permitted in our Copyright/License terms is strictly prohibited.
* Construction WHS Consultants reserves the right to refuse or cancel an order you place with us for (but not limited to) the following reasons:
* if the product has been listed incorrectly, 
* if the price is incorrect
* if the description is incorrect
* if incorrect, out of date, incomplete, or inaccurate account or purchase information is provided
Please refer to our full privacy and security policy.  

Cookies and Google Analytics
Construction WHS Consultants site uses cookies.  These have been selected to improve your on line experience with us.  You can choose to opt-out of cookies at your discretion.   The website uses Google Analytics, a web analytics service provided by Google, Inc.  Google Analytics uses ‘cookies’ which are text files placed on your computer in order to analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted and stored by Google on servers in the United States.  Google uses this information to evaluate your use of the website, compile website activity reports and provide other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please be aware that this may affect the full functionality of the website.  By using this website you consent to the processing of data about you by Google Analytics in the manner and for the purposes set out above. 
Section 2 
On line Store Terms

By agreeing to these Terms of Service, you represent that you are or are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the site.

General Conditions

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Modifications to the Products and Prices
Our aim is to provide the best possible product to ensure the health and safety for you and your workers.  As such our products will undergo a process of continual improvement.  Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.

Accuracy of Billing and Account Information
It is in the purchasers and sellers best interest that all billing and account information is accurate.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  
For more detail, please review our Returns Policy.

Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ‘as is and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Using our enquiry/contact form
If, you complete an enquiry form, we you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information 
Your submission of personal information through the store is governed by our Privacy Policy.  Please refer to our Privacy and Security Policy for more information.

Errors, Inaccuracies and Omissions
Every effort has been made to ensure the accuracy of the material on the site.  Occasionally there may be information on our site or in the products which contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.