TERMS OF SERVICE FOR OUR PARTICIPATING MEMBERS
These Terms of Service (“Terms”) apply to all current members, or all potential members of Verisafe [ABN 82738249529] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and Services form an Agreement with us (“Agreement”). “You” could be any member of ours.
MEMBERSHIP SERVICES WE WILL PROVIDE
We help our members fulfil their duty of care, by ensuring workers in the resource sector hold the necessary skills, experience and competency to safely complete High Risk Work tasks. We provide various materials during your Membership. We also have events.
BEFORE ACCESSING THE PMP
You must:
• provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information; and
• ensure you have adequate technology set up and internet access make use of the Participating Member Portal (PMP).
You represent and warrant that you will adhere to the Verisafe Business Rules and Charter.
Acknowledgements you make
You acknowledge and agree that:
• the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as business or legal advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.
• participation is voluntary and always at your sole risk. You are at all times responsible for the safety and wellbeing of your workers.
You further acknowledge and agree that there may be:
• occasional errors or omissions in our Membership descriptions, availability;
• some services (such as events) with limited places or that are limited to certain regions or groups of people;
• from time to time we may remove the PMP for indefinite periods of time or cancel some services;
• there may be technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software; and
• your use of the Membership Services, or inability to use the Membership Services is at your sole risk.
Except as required by law, we cannot guarantee the accuracy or reliability of the information, or the availability of the Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Payments
The Membership Fee is invoiced to you annually via the CMEWA team. All invoices must be paid on or before the due date. Any late payments may result in suspension of your membership.
Things you must do
You must:
• maintain the confidentiality of your login and password for your account;
• not allow other people to use the Materials or your account including individuals from within your organisation;
• contact us by email at if you have any difficulty downloading any Materials;
• not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
• contact us by email at if you have any issues with the Membership Services and require a refund;
• seek our prior written consent before any publication of information about us; and
• in the case of a dispute keep all communications confidential.
We have group sessions where you can be part of our community but please follow our rules
We encourage you to engage with us and other Members and Assessors during your Membership, however, you must comply with our rules at all times. You must respect the other Members and Assessors and not be disruptive in any way.
Acknowledgements you make in relation to privacy and confidentiality
During events you may share sensitive, personal, and private information (“Confidential Information”), or others may share similar information.
For example, you may have access to application records of the Assessors, or their contact details. You may also have access to information of other Members such as their budgets, minutes of meetings, decision papers, performance reviews, governmental procedures, policies, web-based forms, etc.
You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Membership Services and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing the PMP.
Posting rules
You must not post any of the following, which is determined at our discretion:
• any inappropriate or offensive, threatening or abusive content;
• any immoral content, including but not limited to, anything pornographic or obscene;
• any illegal content, including any content which is defamatory;
• anything that breaches the rights of any third-party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
• any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Acknowledgement you make in relation to live events
We conduct various events as part of your Membership. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live or in person events. You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
Things we’d love you to do as part of your Membership
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@verisafe.net.au.
If you need to cancel your Membership
If you need to cancel your Membership, please email us at info@verisafe.net.au with 7 days’ notice. All our Memberships are for the Membership Period, and the Minimum Term is one year. No refunds are made for partly used membership periods.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our Website
Except as required by law, we may at any time, and without prior notice to you:
• change and update information including availability and promotions;
• change prices or descriptions of our Memberships; and
• discontinue any Membership Services.
We comply with the Australian Consumer Law
Our Membership Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the Membership Services, you are entitled to:
• cancel this Agreement with us; and
• to a refund of the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time, and, if this is not done, to cancel our Agreement and obtain a refund for the unused portion of the Agreement.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.
If we need to cancel the Membership Services, we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Membership Services at any time
We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services, any account and disable your access to the PMP. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence for to use our Materials within Verisafe and your organisation only. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership Services only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Further, you may not under any circumstances modify or recreate any Materials provided to you without our express written consent. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at info@verisafe.net.au to seek consent.
RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Materials and that may be classed as business and/or legal advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services.
To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
• the replacement of the Membership Services or the supply of an equivalent services; or
• the payment of acquiring an equivalent Membership Services.
In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent which our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of WA, Australia, and you and we submit to the jurisdiction of the courts of WA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.
DEFINITIONS
Assessors means the Assessors appointed by Verisafe.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our Website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder, or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our materials, and includes diagrams, documents, spreadsheets, and anything provided to you during your membership.
Member means the Members participating in Verisafe.
Membership Fee means the Membership Fee as advertised on our website from time to time.
Membership Period means annual (12 months) for Members.
Membership/ Membership Services means The Verisafe Participating Members’ services, and includes access to the Participating Member Portal (PMP), and all events and all Materials.
We, us, or our means The Chamber of Minerals & Energy of Western Australia Inc t/as Verisafe [ABN 82738249529 ] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means www.verisafe.net.au, and everything available on this website including, but not limited to, all Membership Services.