Please read this agreement carefully before registering as a “Contractor”, accessing or using the information and services available through the Conserve™ website (“Site”). By registering as a “Contractor”, accessing or using the Site, you agree to be bound by the terms and conditions detailed below.
BNG Contractor Services Pty Ltd may modify this agreement at any time, and such modifications shall be effective immediately upon posting on the Site.
a) “Conserve™” means the on-line Contractor Safety Management System (web based database Software Windows Application) available to the Contractor (Licensee) on an annual licensing arrangement from BNG CONTRACTOR SERVICES PTY LTD
b) “Related Materials” means the use of documentation and any other related material provided in whatever form to the Licensee by or on behalf of BNG CONTRACTOR SERVICES PTY LTD.
c) “Licensee” means a Contractor who has registered in Conserve™, and paid the annual license fee.
2. OWNERSHIP, COPYRIGHT AND TRADEMARKS
Conserve™ (including any header files and demonstration code) and Related Materials, and all associated copyrights or other intellectual property rights, are the property of BNG Contractor Services Pty Ltd (ABN 68 123 053 618).
Licensee acquires no title, right or interest in Conserve™ and agrees not to infringe any intellectual property rights owned by BNG Contractor Services Pty Ltd.
3. INFORMATION FOR LICENSEE USE ONLY
The information contained on this Site and accessible to the Licensee is for the exclusive use of the Licensee only.
Material downloaded from this Site is for the exclusive use of the Licensee only. Where material is downloaded, the Licensee agrees to keep intact all copyright and other proprietary notices including those of a confidential nature.
4. INFORMATION – NOT PROFESSIONAL ADVICE
The Licensee agrees that information contained in the Site is of a general nature.
BNG Contractor Services Pty Ltd will endeavour to ensure information uploaded onto the Site is current, valid and authentic, but will not take responsibility for incorrect or misleading information uploaded by the licensee.
BNG Contractor Services Pty Ltd will not be liable to the Licensee or anyone else for any decision made or actions taken in reliance upon information contained on or omitted from the Site.
5. LINKS TO OTHER INTERNET SITES
BNG Contractor Services Pty Ltd, may from time to time provide links to other relevant internet sites maintained by third parties from its Site, as an added service and convenience for the Licensee.
Such linked sites are not under the control of BNG Contractor Services Pty Ltd. BNG Contractor Services Pty Ltd does not therefore:
a) Take responsibility for the contents (including the accuracy, legality or decency) of any linked site or any links contained in a linked site.
b) Endorse any of the linked sites.
c) Take responsibility for the copyright compliance of any linked site.
d) Take responsibility for any damages or loss arising from access to or the use of the linked site.
6. SUPPORT SERVICES
Support services for Conserve™ shall be available from BNG Contractor Services Pty Ltd and may be requested by the Licensee by means of Electronic Mail (E-Mail) or Facsimile or Telephone.
7. BNG Contractor Services Pty Ltd provides no guarantee that the services generally available through its Site will be uninterrupted or error-free. Any identified defects in the service will be corrected by BNG Contractor Services Pty Ltd as soon as practically possible, but no later than 48 hours.
BNG Contractor Services Pty Ltd cannot and does not guarantee that files available for downloading from the Site will be free of infections or viruses, worms, trojan horses or other codes that manifest contaminating or destructive properties. The licensee is responsible for implementing sufficient processes and protections (fire walls, virus protection etc.) to ensure virus free downloads.
8. OWNERSHIP OF DATA AND INFORMATION
Conserve™ and any data incorporated in Conserve™ is owned by BNG Contractor Services Pty Ltd and is leased to the Licensee and remains the property of BNG Contractor Services Pty Ltd.
The Licensee will provide and transmit to Conserve™ data, information and content to be uploaded to the Site and accessed by the Licensee, BNG Contractor Services Pty Ltd will provide the Licensee.
9. RIGHT TO SUSPEND OR CANCEL ACCOUNT
BNG Contractor Services Pty Ltd reserves the right to suspend or cancel service to the Licensee at any time and with one (1) month’s notice, for any reason, including, but not limited to, refusal or failure to pay for services provided.
10. RESPONSIBILITY FOR LOGIN DETAILS (USER IDENTIFICATION & PASSWORD)
The Licensee is solely responsible for their login details (user identification & password). Login details are made available to no more than 5 responsible persons in the Licensee’s organisation.
The Licensee agrees to notify BNG Contractor Services Pty Ltd immediately it becomes aware of any such loss or theft or unauthorised use of the Licensee’s User ID and Password. After such notification BNG Contractor Services Pty Ltd shall as soon as reasonably possible, disable access and services for the “corrupted” User ID and Password and shall issue a replacement User ID and Password accordingly.
The Licensee agrees to indemnify and hold harmless BNG Contractor Services Pty Ltd and it’s Personnel and keep them indemnified, against all loss, action, proceedings, costs, expenses (including legal fees), claims and damages arising from:
a) Any breach by the Licensee of the General Conditions; or
b) Reliance by the Licensee on any information obtained through the Site
12. PAYMENTS AND INVOICING
BNG Contractor Services Pty Ltd extend’s one month credit to the Licensee. All services must be paid for within the credit period or sooner in Australian currency. All quoted prices are exclusive of GST.
It is the responsibility of the Licensee to ensure that full fees are paid to BNG Contractor Services Pty Ltd in a timely manner, recognising that failure to do so could cause service interruption.
14. WARRANTIES AND REPRESENTATION
BNG Contractor Services Pty Ltd is not responsible for data, information or content maintained and downloaded by the Licensee via Conserve™.
BNG Contractor Services Pty Ltd does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, noninfringement and title, and any warranties arising from a course of dealing, usage, or trade practice.
BNG Contractor Services Pty Ltd. does not warrant that the services will be uninterrupted, error-free, or completely secure.
15. LIMITED LIABILITY
BNG Contractor Services Pty Ltd’s cumulative liability to Licensee or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed, in any case, the annual licensing fee paid by the Licensee for Conserve™.
In no event shall BNG Contractor Services Pty Ltd or its suppliers be liable for any indirect, incidental, consequential, special, or exemplary damages (including but not limited to, damages for loss of business, profits, business interruption, loss of business information, data, goodwill or other pecuniary loss) arising out of the use or inability to use Conserve™ even if BNG Contractor Services Pty Ltd has been advised of the possibility of such damages.
In no event shall BNG Contractor Services Pty Ltd be responsible or held liable for any damages resulting from physical damage to tangible property or death or injury of any person whether arising from BNG Contractor Services Pty Ltd’s negligence or otherwise.
This Agreement and any rights granted through licensing of Conserve™ may not be assigned, sub-licensed or otherwise transferred by Licensee to any third party without the prior written consent of BNG Contractor Services Pty Ltd.
17. LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales and the exclusive jurisdiction of the courts of Australia.