Terms and Conditions

HazardCo Ltd - Subscriber Terms and Conditions

HazardCo Limited (‘HazardCo’, ‘we’, ‘our’ and ‘us’) owns and operates the Websites www.hazardco.com, www.hub.hazardcoapp.com and provides the Services. These Terms apply to any person that establishes a Subscription Account with us and receives Services or otherwise uses the Website or any of the Services (‘Subscriber’, ‘you’ and ‘your’).

By creating a Subscription Account, using or downloading the Services or accessing or using the Website or a Subscription Account, you agree to be bound by these Terms.

About these Terms

The Website Terms and Conditions, the Privacy Policy, the End User Licence Agreement and any additional terms and conditions applicable to Services that you use from time to time are expressly incorporated into these terms and conditions by reference, and, together with these terms and conditions (collectively referred to as the ‘Terms’), constitute the entire agreement between you and us in relation to their subject matter. The Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.

You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.

Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Website and Services.

We reserve the right to change these Terms at any time by providing at least 7 days’ notice. This may include changes needed to reflect changes to the law, changes to our terms of trade, or changes to the Website or Services or to their features or functionality. The amended Terms will only become effective following the above notice period. If you disagree with the revised Terms, you may elect to terminate your access to the Website and Services in accordance with the procedure set out below under the heading ‘Termination by You’. Your continued use of the Services or Website constitutes your acceptance of these Terms as amended from time to time.

If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.

Subscription

In order to become a Subscriber for HazardCo you must complete all the details in the subscription form in accordance with the instructions on the Website. As part of becoming a Subscriber, you must accept the Terms, and your continued use of the Services will constitute such acceptance. Subscription to the Services must be for a minimum of twelve (12) months, which provides you access to our Services, as well as the opportunity to purchase additional Services or products that you may require from time to time. Upon acceptance of the subscription by us, your Subscription Account will be created, and you will be able to use the Websites and Services. We will provide you with a log in and password, sent via email to your nominated email address that will result in the formation of contract between you and HazardCo. We may refuse to accept the subscription request of any person or company without giving a reason for such refusal, in which case, you will not be able to access or use the Services

Our Services are available to adults over the age of eighteen (18) years and intended to be used by Subscribers or End Users within New Zealand only. By subscribing, accessing and using our Services, you acknowledge that you are over eighteen (18) years and that you will use our Services within New Zealand only.

You continuously represent and warrant to us that persons and End Users accessing HazardCo, the Websites and Services on your behalf are authorised to do so.

Privacy

You acknowledge and agree that in collecting, soliciting, holding, using and/or disclosing personal information as part of your use of the Website and Services, you are responsible for complying with Privacy Laws at all times.

You must ensure that at all relevant times you hold all Privacy Approvals required to permit us to provide the Services (including, without limitation, permission from your clients and customers to store their personal information on databases that we host for you or that we need to access in order to provide you the Services). You must inform us as soon as you become aware that you do not hold any such Privacy Approvals.

You acknowledge and agree that we will rely on any representation made by you that you have a Privacy Approval in respect of a person without undertaking our own enquiries as to whether the Privacy Approval has in fact been given or is adequate for the purposes for which we the Privacy Approval is required.

We may use your business name and logo for the purpose of identifying you as an existing or past customer of ours on the Website, in the Services and in marketing, advertising and promotional materials.

Security

You acknowledge and agree that you are responsible for maintaining the security of your Subscription Account and your password and all activity that occurs under your Subscription Account.

Payment and fees

Upon subscription to our Services, you agree to pay for our Services at the listed price and to make payment in accordance with this clause. You also agree to pay all applicable fees and charges specified by us (including any third-party fees and charges), late payment fees and all taxes, duties, fees, levies and charges imposed by any authority in relation to your Subscription Account. We reserve the right to vary our prices at any time. Any changes to the price for your Subscription Account will be communicated to you and will not take effect until the next payment is due.

By providing us (or our third party payment gateway providers) with the details of your valid credit or debit card (‘Card’), you authorise us (or our providers) to charge your Card at the end of each payment period for all fees incurred during that time in relation to your Subscription Account.

All prices are in New Zealand Dollars (NZD) and are exclusive of GST. The Price shall be increased by the amount of GST and/or other taxes and duties which may be applicable, except to the extent that such taxes and duties are expressly included in any quotation provided by us.

Fees and charges may be subject to change (which change may be effective immediately) and will apply to all transactions made on or after the date the change is effective.

To the extent permitted by law and other than expressly set out in these Terms, our fees and charges are non-refundable (subject to Early Cancellation).

Early Cancellation

Should you choose to cancel your Subscription Account within sixty (60) days of the Commencement Date (‘Early Cancellation’), we will refund your Subscription fee in full. There will be no full or partial refunds for any termination or cancellation of the Subscription Account, other than for Early Cancellation.

We reserve the right to deduct an administration fee of $150.00 (inclusive of GST) from any refunds if there is damage or unusual difficulty processing the Early Cancellation of your account.

Automatic Renewal

Twelve (12) months after the Commencement Date, your Subscription Account will be automatically renewed, on an annual basis. We will send you an email and a text to your nominated email address/mobile phone notifying you that your Subscription Account will be renewed, at four (4) weeks prior to, and again at two (2) weeks prior to, the renewal date.

If you do not wish to renew your Subscription Account, you must respond or notify us of this intention via email, phone or text prior to the renewal date, time being of the essence. This clause is subject to the procedures for Early Cancellation. If you do not cancel your Subscription Account in the manner set out above, it will be automatically renewed and you will be billed using the same payment details as the previous year.

Termination by You

You may terminate your Subscription Account (and, consequently, the access of any End Users) at any time by phoning the 800 555339 number or sending an email to info@hazardco.com requesting closure of your Subscription Account].

On termination you will not receive a refund of any fees, charges or other amounts already paid to us, unless you have terminated as a result of us changing these Terms in a way that has a materially detrimental effect on you. In that case:

you must notify us within 14 days of our notice to you about the relevant change to these Terms;
your termination will take effect on the date of the change to these Terms; and
we will issue to you a pro-rata refund of the amount already paid to us to the extent the amount relates to a period following the date of the change to these Terms.

Failure to pay any amount owing to HazardCo by the due date for such payment shall, without limiting any of HazardCo’s rights, constitute termination by you of your Subscription Account.

Termination/Cancellation by HazardCo

We reserve the right to terminate your Subscription Account (and accordingly, your ability to access our Services) at any time if you breach the Terms including, but not limited to, defaulting on your payment obligations. On termination, any fees or charges invoiced by us, or which we were entitled to invoice on or prior to the date of termination, but which have not been paid will remain payable. The termination will be without prejudice to either your or our rights and remedies in respect of breach of these Terms by the other, where the breach occurred before termination.

We may cancel your Subscription Account (and accordingly, your ability to access our Services) at any time by giving written notice to you via email. On giving such notice, we will repay any money paid by you for Services not delivered. We will not be liable for any loss or damage whatsoever arising from such cancellation.

Survival of terms

All provisions of these Terms that by their nature should survive termination of your access to the Website or Services and/or closure of your Subscription Account (or the closure of your Linked Accounts) shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.

Force majeure

We are not responsible for failure to fulfil our obligations due to causes beyond our control.

Indemnity

You indemnify us against all liabilities, costs, expenses, damages claims, proceedings, actions, demands and losses suffered or incurred by us directly or indirectly arising out of or in connection with:

any breach or non-observance of any of these Terms (including without limitation the End User Licence Agreement) by you or any End Users;
any breach of a warranty or representation contained in these Terms by you or any End Users;
any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties by you or any End Users;
any claim made against us by any party, arising out of or in connection with any breach of these Terms or other act or omission by you or any End Users relating to the Website, the Services or the User Content; and
any person’s reliance on representations you or any End Users make via the Website or Services.

Definitions

In these Terms:

‘Commencement Date’ means the date that your Subscription is approved, being the date you are provided with the log in and password to access our Services;
‘End User’ means any person who uses the Websites or any of the Services through your Subscription Account, and any person who accesses or uses the Website or any of the Services on behalf of the End User;
‘Privacy Approval’ means any consent, authorisation or approval required under a Privacy Law for the purposes of us providing the Services;
‘Privacy Law’ means the Privacy Act 1993 and any other law that applies to the collection, use, disclosure or handling of information about individuals or health records;
‘Privacy Policy’ means our privacy policy located at www.hazardco.com as amended from time to time;
‘Registration’ means registration as a Subscriber in accordance with the End User Licence Agreement and these Terms;
‘Services’ means access to and use of our Websites, various functions and features made available on the Websites (as varied by us from time to time), and all other services made available by us on or through the Website or otherwise, in particular, the provision of health and safety systems, products and materials as well as advice and support to business and individuals in the construction industry;
‘Subscription Account’ means an account established with us by a Subscriber, through the Website or otherwise, pursuant to these Terms;
‘Third Party Content’ means web sites, platforms, content, products, services and information of other parties including content provided to us by links to sites owned by other parties;
‘Website’ means the website located at www.hazardco.com, www.hub.hazardcoapp.com including all password protected areas and subdomains of such websites and all related top-level domains, mobile sites, mobile Apps, applications, APIs and widgets; and
‘Website Terms and Conditions’ means the terms of use of the Website located at www.hazardco.com as amended from time to time.

HazardCo Ltd - End User Licence Agreement

HazardCo Limited (‘HazardCo’, ‘we’, ‘our’ and ‘us’) owns and operates the Websites www.hazardco.com, www.hub.hazardcoapp.com and provides the Services. These Terms apply to any person that uses or accesses our Services (‘End User’, ‘you’ or ‘your’).

By creating a Subscription Account, using or downloading the Services or accessing or using the Website or a Subscription Account, you agree to be bound by these Terms.

About these Terms

The Website Terms of Use, the Privacy Policy and any additional terms and conditions applicable to Services that you use from time to time (as well as, if you are a Subscriber, the terms and conditions titled ‘Subscriber Terms and Conditions’) are expressly incorporated into these terms and conditions by reference, and, together with these terms and conditions (collectively referred to as the ‘Terms’), constitute the entire agreement between you and us in relation to their subject matter. The Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.

You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.

Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Website and Services.

If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking any action in the future.

Our Services

We offer you the Services, which includes:

unlimited access to support from our Customer Service Team during working hours by calling 0800 555 339;
access to the HazardCo Website, as well as access to the online portal;
online access to all of your completed forms and assessments.

The list above is not an exhaustive list of the Services offered to End Users and we may decide to offer additional Services, or cease to provide any Services, to End Users at any time.

To be eligible to use the available Services, you must be registered as an End User in accordance with these Terms.

If you are accessing the Services using our Website or applications, you may be required to download updates from time to time to keep using the Website or applications on your device.

You are responsible for making all technical arrangements necessary to access the Website and Services. To use the Website or applications, your device will require an active internet connection and a sufficient data allowance. It is your responsibility to ensure you have these and to pay for any costs incurred from your network provider when using the Website or applications. We accept no responsibility for any failure of the Website or applications due to lack of internet connection, device malfunction or third party interference with your device.

Registration by End Users

To become an End User you must complete all details in the registration form (which include details of a valid email address, contact and personal details, and in the case of any person registering as a Subscriber, credit or debit card details) in accordance with the instructions on the Website and in any subsequent communications you receive from us (‘Registration’).

Registration is only available to persons who are located in New Zealand. You represent and warrant on an ongoing basis that you meet these criteria.

You represent and warrant on an ongoing basis that all information you have provided to HazardCo as part of your Registration, whether via or external to the Website is true, accurate, not misleading and complete. You are responsible for ensuring that the information we hold about you is up to date and you agree to notify us promptly of any changes to such information, either via the Website or by emailing info@hazardco.com if you require assistance. You acknowledge and agree that we may cancel your Registration at any time if we consider any information provided is incorrect, misleading, incomplete or inaccurate.

The decision to accept a Registration is in our absolute discretion and we may revoke a Registration at any time. We may not accept a Registration if you were previously an End User and we cancelled your account as a result of you being in breach of these Terms.

Upon completion of your Registration, and payment of the relevant fees and charges by the Subscription Account with which you are linked, your End User account will be created and you will be able to access and use password protected areas of the Website and access the Services. At this time you are granted a non-exclusive, non-transferable licence to use the Website and to access the Services in accordance with these Terms, which is not capable of being sub-licensed.

We may refuse to accept or cancel the Registration of any person without giving a reason for such refusal or cancellation.

You represent and warrant on an ongoing basis that:

persons accessing or using your account (or the Website or Services in connection with your account) are authorised to do so on your behalf; and
all such persons have, or hold, all expertise, experience, qualifications, licences, consents and authorisations required under all laws and regulations in relation to the activities such persons undertake in connection with the Website and Services, including all required Federal, State, Territory and industry licensing.

Please refer to our Privacy Policy for further explanation as to how we use the Personal Information we collect from you.

Term

These Terms commence on the date you first accept them and, unless otherwise terminated, continue until your account has expired or been terminated.

Each End User account that is granted access to the Website and Services shall, subject to these Terms, be entitled to access for the period specified on the Website at the time of purchase of such access.

Except as otherwise specified, and subject to payment of the relevant fees and charges by the Subscription Account with which you are linked, the period of access for each account will automatically renew for additional periods in accordance with the Subscription Terms (with each such additional period commencing on the date immediately following the date of expiry of the previous period of access) while the account remains active.

On the termination or expiry of the Subscription Account with which you are linked, your access will automatically terminate.

Security

Access to and use of your account and of password protected areas of the Website is restricted to authorised End Users only.

You agree to:

provide current, complete and accurate information about you as you may be prompted to provide by the registration process on the Website or in communications from us;
maintain, keep current and update any registration data and information you provide to us;
take all steps necessary to keep your password safe and secure and to ensure your account is not accessed or used by anyone without your authority; and
notify us immediately of any unauthorised access to or use of your account, or password or any other breach of security of which you are aware, whether related specifically to your account, or to the Website or any Services.

You understand that any person with your password will be able to access your account and you accept all risk of authorised or unauthorised access to your account. You acknowledge and agree that you are responsible for maintaining the security of your account and your password and all activity that occurs under your account.

To the extent permitted by law, we will not be liable to you for any loss that you suffer or incur as a result of someone using your account, or associated passwords, with or without your knowledge. You are liable for and indemnify us against all liabilities, costs, expenses, damages claims, proceedings, actions, demands and losses suffered or incurred by us, or any customer of ours, directly or indirectly, due to someone else using your account, or an associated password, because of anything you do or fail to do (or if you are a Subscriber – anything you or an End User does or fails to do).

You may not use or access anyone else’s account without the permission of the account holder.

Your use of the Website and Services

You are permitted to use the Website to access the Services, subject to all fees and other amounts in respect of your Subscription Account having been paid to us in advance.

If we receive any complaints or customer service calls in relation to your account or we consider that Your Content otherwise breaches these Terms, then we may make changes to your account. We will endeavour to contact you first before we do so but we do not require your permission to make such changes.

Access and ensuring acceptable use

You must ensure that you:

only access and use the Website and Services, and not in any way that could damage or harm the Website or Services; and
abide by all applicable laws (including without limitation the Privacy Act 1993 ).

You must ensure that you do not access or use the Website or Services:

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for prohibited, defamatory, misleading, obscene, offensive, inappropriate or socially unacceptable content or activity;
to send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation or spam;
to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website, Services or any computer software or hardware;
to conduct security, integrity, penetration, vulnerability or similar testing;
to use any robots or other software tool designed to automatically emulate the actions of a human user;
to attempt to access the data of another user or HazardCo customer (whether or not for test purposes); or
in order to build or support, and/or assist a third party in building or supporting, products or services competitive with the Website or Services.

You also agree not to, and not to cause or permit others to:

reproduce, duplicate, copy or re-sell any part of the Website or Services in contravention of these Terms;
access without authority, interfere with, damage or disrupt: (i) any part of the Website or Services; (ii) any equipment or network on which the Website or Services are stored; (iii) any software used in the provision of the Website or Services; or (iv) any equipment or network or software owned or used by any third party;
remove or modify any markings or any notice of our or a third party’s proprietary rights;
modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Website or Services; or
at any time use or disclose to any person any confidential information relating to HazardCo or any user save to your personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law.

Intellectual property and ownership of content

Other than Third Party Content and Your Content located on the Website, the Website, its underlying code, all related technology, all content, materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (‘Our IP’), are owned by, or licensed to, HazardCo or its related parties.

Subject to these Terms, you agree that you will not infringe Our IP and will not modify, copy, republish, frame, distribute or communicate any part of Our IP without our prior written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights. You shall not merge Our IP with any other software without our written permission.

We grant you permission to download our copyright material only for private and non-commercial purposes, or for purposes necessary for you to access the Website and Services, or for purposes contemplated by the Website and Services, provided you do not delete or change any copyright symbol, trademark or other proprietary notice. You must not reproduce or use Our IP for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All rights not expressly granted are expressly reserved.

Your Content

We may use Your Content to provide you the Services. You represent and warrant on an ongoing basis that Your Content is accurate and truthful, that you have all rights, power and authority necessary to provide Your Content to us, that Your Content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, that Your Content complies with all applicable laws and that Your Content does not violate these Terms (including the Privacy Policy). We reserve the right to remove any of Your Content from the Website or Services at any time (including disabling any data integration functionality), if we consider that it violates these Terms or the Privacy Policy.

We do not claim any ownership rights in any of Your Content and nothing in these Terms restricts any rights that you may have to use and exploit Your Content outside of the Website and Services.

Your Content (and, where applicable, its use in connection with the Website or Services) must:

be accurate (where it states facts);
be genuinely held (where it states opinions);
comply with applicable law;
not infringe any copyright, database right or trademark of any other person;
not be likely to deceive any person;
not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; and
not be defamatory, obscene, offensive, inappropriate, socially unacceptable or fraudulent.

You represent and warrant on an ongoing basis that Your Content complies with the above criteria. We will not be responsible, or liable to any third party, in respect of Your Content.

You expressly acknowledge and agree that once Your Content has been uploaded onto, or otherwise made available on or via, our Website or the Services, we do not have any control over the use, modification or otherwise of Your Content by other End Users who are able to access it. You bear all risks associated with the access, use of, modification of, and any reliance on Your Content by third parties.

Any comment, feedback, idea or suggestion which you provide to us through our website (‘Comments’) becomes our property. If in the future, we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensating you or any other person who has transmitted your Comments.

Third Party Content

The Website may contain Third Party Content and the Website and our Services may enable you to link to or access Third Party Content.

We do not control, endorse or have rights in, and we are not responsible for, Third Party Content. You bear all risks associated with your access to, use of and reliance on Third Party Content.

Any Third Party Content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any express or implied representation, warranty or guarantee of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.

We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.

The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.

Privacy

Our Privacy Policy located at www.hazardco.com, www.hub.hazardcoapp.com incorporated into these Terms.

You must comply with all privacy laws applicable to you in using the Website and Services, including ensuring any Personal Information you collect is collected, used and managed by you in accordance with all applicable privacy laws and with such person’s consent.

Any Personal Information we collect and make available to you (if any) is solely for the purpose of providing the Services. You are not authorised to use such Personal Information for any unauthorised purpose (including to send any unsolicited emails, mail or ‘spam’ without the relevant person’s express written consent).

You represent and warrant on an ongoing basis that to the extent that any content you upload onto our Website or through the Services contains any ‘personal information’, including ‘sensitive information’ (within the meanings given to those terms in the Privacy Act 1993), the individual or individuals to whom such information relates have provided their informed, voluntary consent to your collection of such information and all uses and disclosures of such information which have occurred in connection with the Website, the Services and any content you upload onto our Website or through the Services.

Use of subcontractors

We may subcontract parts of the Services to our affiliates and use third party suppliers to support the delivery of the Services.

Termination or suspension by us

We may suspend or terminate your right to use or access all or any part of the Website and Services at any time if:

any of our fees or charges in relation to your account or the Subscription Account with which you are linked have not been paid by the relevant due date;
you violate or breach these Terms;
you misuse or abuse the Website or any Services;
we consider you have engaged in fraud of any kind;
we consider that the use of the Website or any Services by you is not socially acceptable (including because of Your Content or the apparent intentions you have in relation to the particular use of the Website or any Services);
we consider that the use of the Website or any Services by you may harm or diminish our name or reputation;
we reasonably consider it necessary to do so for security, legal, technical, intellectual property, or operational reasons;
allowing you to access and use the Website or any Services would violate any applicable law or court order or would expose us to legal liability;
we suspect, acting reasonably, that you are or may be insolvent; or
any step is taken to appoint a receiver and manager, trustee in bankruptcy, administrator, a liquidator or other like person over the whole or any part of your assets.

We will use reasonable efforts to provide you with notice of any such suspension or termination.

If there is a complaint about you, or we receive notice of a violation by you, the use or access by you of all or any part of the Website and Services may be suspended until resolved, and terminated if not able to be resolved or not resolved promptly.

We will not be liable to you or any third party for any suspension or termination of your right to use or access all or any part of the Website or Services.

Termination by You

You may terminate your Access at any time by sending an email to info@hazardco.com requesting closure of your Account.

Survival of terms

All provisions of these Terms that by their nature should survive termination of your access to the Website or Services and/or closure of your account (or the closure of the Subscription Account with which you are linked) shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.

Disclaimer

We will not be liable for you failing to comply with any legal obligations under the Work Healthy and Safety Laws, or any other legislation. The material contained within our Services and products is a guideline only to assist in the identification and management of hazards in the workplace and is not a substitute for the legal obligations imposed under the Work Healthy and Safety Laws.

Except as otherwise required by law, the Website and Services are provided ‘as is’ and ‘as available’ without any express or implied representation, warranty or guarantee of any kind. It is a condition of accessing the Website and Services that you accept and agree we shall not be liable for any harmful effect that accessing or using the Website or Services, and that you access and use the Website and Services entirely at your own risk.

Except as otherwise required by law, we make no representations, and give no warranties or guarantees, express or implied, in respect of, and accept no responsibility for:

the Website or Services being unavailable for any periods of time;
the Website or Services including that such Website or Services are reliable, accurate or suitable for your purposes;
any content or information contained in, displayed on or accessible through the Website, including content or information generated on the Website by us or on our behalf and any Third Party Content, or software operating in connection with the Website (including that such content or information is accurate, complete or up-to-date);
the means of accessing such content or information; and
any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Website, or for any third party services you use to access the Website or Services.

We do not guarantee continuous, uninterrupted or secure access to the Website or Services or any specific results from use of the Website or Services.

We cannot ensure that the data you upload onto our systems (including Your Content) will never be accessed without our consent or that our systems are impenetrable.

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party in relation to your access to or use of the Website or Services.

Your access to the Website and Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new features, functionality, facilities or services. We will always try to limit the frequency and duration of any planned disruption, but we will not be liable to you if for any reason the Website or Services are unavailable at any time or for any period.

You acknowledge that access and use of the Website and Services, including the software operating in connection with the Website and Services may be interfered with by numerous factors outside of our control.

You are responsible for taking and keeping, external to the Website, copies of all data and content on the Website to which you require access. To the extent permitted by law, we make no representations, and give no warranties or guarantees, express or implied, about the availability of such data and content. We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features. While we will use reasonable endeavours to prevent the Website from containing or spreading viruses or other malicious code, we recommend that you ensure that computers and other devices used to access the Website and Services run up-to-date anti-virus software as a precaution, and that you virus-check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.

We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or Services or to your downloading of any content from it, or from any website linked to it.

We cannot ensure that the Website and Services will be free from defects or error or will operate in any particular way. To the extent permitted by law, we disclaim all liability for any loss or damage, of any nature whatsoever, which may be suffered or incurred by any person as a result of any defect in, or error in the operation or functionality of, the Website or Services (including any part of their underlying code or related technology).

Force majeure

If we cannot carry out an obligation under the Terms, either in whole or in part, because of a force majeure event (that is beyond our control) which causes a delay for more than three (3) months, we may terminate your Subscription Account by giving at least 28 days’ notice to you.

Limitation of liability

You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in connection with:

your or your users’ use of, or inability to use, the Website or Services;
your or your users’ reliance on anything contained in or omitted from the Website (including User Content);
you or your users’ being unable to access the Website or Services for any reason (including our negligence);
the acts or omissions of any other user; or
the failure of the Website or Services for whatever reason (including our negligence).

Subject to the terms set out below under the heading ‘New Zealand Consumer Law’ and to the maximum extent permitted by law, our maximum liability for all claims related to the Website or Services, and the use thereof by you and your users, will be the lesser of an amount not exceeding the amount paid to us in respect of your Subscription Account (whether by you or an End User) in the 12 month period preceding your claim and $10,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim against us or any of our related entities, directors, officers and agents arising out of or related to the Subscription Account, or any Services you or your users’ use, more than two years after the cause of action arose.

Indemnity

any breach or non-observance of any of these Terms;
any breach of a warranty or representation contained in these Terms;
any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties;
any claim made against us by any party, arising out of or in connection with any breach of these Terms or other act or omission by you relating to the Website or Services; and
any person’s reliance on representations you make via the Website or Services.

Severance and New Zealand Consumer Law

You acknowledge and agree that:

prior to establishing an account with us, you reviewed these Terms and raised all issues of concern with HazardCo (which you can do by email at info@hazardco.com ;
these Terms are reasonably necessary to protect the legitimate interests of HazardCo; and
if any part of these Terms is deemed to be invalid, void or unenforceable (including, but not limited to, as an unfair contract term for the purpose of New Zealand Consumer Law), then that part will be severed from these Terms and all parts which are not deemed to be invalid, void or unenforceable will remain in full force and effect.

If you constitute a consumer under New Zealand Consumer Law while using the Website or Services, nothing in these Terms is intended to remove your rights under New Zealand Consumer Law, including to statutory guarantees that may apply to the Website or Services. If we are entitled to limit the remedies available to a consumer for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again. If you are using the Website or Services solely for business purposes, nothing in the Consumer Guarantees Act 1993 shall apply to such use.

Our relationship with you

Other than as expressly provided in these Terms we are an independent contractor and are not your agent, joint venture, partner, or fiduciary, and do not undertake to perform any of your regulatory obligations, or assume any responsibility for your business, operations or activities.

No assignment or transfer

You may not assign, subcontract or otherwise transfer your account, any accounts linked to your account (if you are the Subscriber), the Services you or End Users linked to your Subscription Account are using or any of your rights or obligations under these Terms to any person without our written consent.

We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing you with reasonable notice in writing.

Notices

All notices under these Terms must be in writing. We will send notices to you to the email address specified in your Account settings. You must send notices to the email address specified on our Website under ‘Contact’. The parties consent to the use of electronic means for communications as constituting written communication.

No waiver

Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.

Governing law

These Terms are governed by the laws of New Zealand, and you consent to the courts of New Zealand having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Website and Services.

Definitions

In these Terms:

‘Work Health and Safety Laws’ means the Health and Safety at Work Act 2015 and any codes or regulations made pursuant to this legislation that relate to worker health and workplace safety;
‘New Zealand Consumer Law’ means the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Contract and Commercial Law Act 2017 and any codes or regulations made pursuant to this legislation that relate to consumer protection;
‘Personal Information’ has the meaning given in the Privacy Policy;
‘Privacy Policy’ means our privacy policy located at www.hazardco.com, as amended from time to time;
‘Subscriber’ means a person who establishes a Subscription Account;
‘Subscription Account’ means an account established and approved by us (through the Website or otherwise) by a Subscriber, through which the Subscriber can authorise individual users to access and use the Services and Website;
‘Services’ means access to and use of the Website, various functions and features made available on the Website (as varied by us from time to time), and all other services made available by us on or through the Website or otherwise, in particular, the provision of health and safety systems, products and training as well as expert advice and support to business and individuals in the construction industry;
‘Third Party Content’ means web sites, platforms, content, products, services and information of other parties including content provided to us by links to sites owned by other parties;
‘Website’ means the website located at www.hazardco.com, www.hub.hazardcoapp.com including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, applications, APIs and widgets;
‘Website Terms of Use’ means the terms of use of the Website located at www.hazardco.com, as amended from time to time; and

‘Your Content’ means the content and data you upload to our Website or which you choose to make accessible to us in order to access or use our services (and, if you are a Subscriber, it also includes the content of End Users linked to your Subscription Account).