Terms and Conditions
Please invest some time in reading these terms and conditions. By engaging with Our Website, using the Services, and accessing the information provided on Our Website, you express your agreement to these terms and conditions.
If you make any purchases through our Website, you will be subject to additional terms and conditions pertinent to that purchase. We strongly advise you to ensure your agreement with these terms and conditions, to which you will be directed before you finalize your purchase.
WEBSITE TERMS AND CONDITIONS OF USE
About the Website
1.1 Welcome to https://sabsafetycertificates.com.au/ (the ‘Website’). This Website provides you the chance to explore and acquire various services that are available for sale via https://sabsafetycertificates.com.au/ (the ‘Services’). The Website provides you access to a range of services by giving you access to the Website Content.
1.2 The Website is managed by SAB Safety Certificate subsidiary, SAB Safety Certificate QLD (the ‘Website Operator’). The Website Operator provides you access to and usage of the Website, and any of its associated Products or Services. We ask that you read these terms and conditions (the ‘Terms’) attentively. By browsing, reading, and using the Website, you affirm that you have read, understood, and agreed to be bound by the Terms. If you do not agree with these Terms, you must cease usage of the Website, and any of its Services, forthwith.
1.3 SAB Safety Certificate QLD reserves the right to evaluate and modify any of the Terms at any time at their exclusive discretion. When the Website Operator updates the Terms, reasonable efforts will be taken to notify users of the Website about the changes made to the Terms. Any modifications to the Terms become effective immediately from the date of their publication. We recommend that you retain a copy of these Terms for your records before you proceed.
Acceptance of the Terms
2.1 By choosing to stay on the Website, you express acceptance of the Terms. Terms and conditions for Services may differ from the Website Terms and will be made available for your review before you proceed with payment for Services.
3.1 To acquire Services through the Website, you are obliged to fill out registration details for booking your desired Service. As a part of the registration process, you will be required to share some personal details, which includes your:
- a) First and Last Name (or your Company or Business name if you are availing the services on behalf of a Company or Business);
- b) Your email address;
- c) A contact phone number; and
- d) The address where you require (mobile) Services to be conducted.
3.2 You assure that any information you provide during the registration process is precise, accurate, and current at all times, and is crucial to the purchase and provision of Services to you or the entity you represent.
3.3 By registering for the purchase of Services, you assert that you have the authority to buy the Services in your capacity or as an authorised representative of the entity on whose behalf you have registered to purchase the Services. You are liable, individually or jointly, for the payment of the Services if the Services are booked on behalf of a business, corporation, or any other individual or entity.
3.4 After completing the registration process, you will become a registered member of the Website (‘Member ‘) and consent to abide by the Terms. As a Member, you will be granted immediate access to purchase Services via our secure website booking platform.
3.5 You are not allowed to use the Services and may not accept the Terms if:
- a) you are not of legal age to form a binding contract; or
- b) you are a person prohibited from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.
4.1 As a Member, you concur to comply with the following:
You will use the Purchase Services only for purposes that are allowed by:
- a) the Terms;
- b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- c) you have the sole responsibility for safeguarding the confidentiality of your password and/or email address if the same is provided during the course of registering your information for the purchase of Services. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
- d) any usage of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorized use of your password or email address (if applicable) or any breach of security of which you have become aware;
- e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of purchasing Services;
- f) you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
- g) you agree that if you attempt to place commercial advertisements, affiliate links, or other forms of solicitation on the Website, they may be removed from the Website without notice and may result in the Website Operator terminating the provision of Services to you. Appropriate legal action will be taken for any illegal or unauthorized use of the Website; and
- h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Services Policy
5.1 By using the Website or making a purchase of Services from the Website Operator, you agree to pay the purchase price listed on the Website for the Service or Services (the ‘Service Price’) and any additional costs disclosed to you on the Website or by an authorized representative of the Website Operator. This includes but is not limited to missed appointment costs, call-out fees, additional costs for extra services not paid for at the time of booking, and additional consumable products needed in the provision of the Services to you, as explained or disclosed to you before or during the provision of the Services.
5.3 By using the Payment Gateway Provider to pay for your Services, you agree to indemnify and save the Website Operator harmless from any loss or damage, however caused, by the Payment Gateway Provider.
5.4 Once you have successfully booked Services and the payment of the Service Price has been confirmed, you will receive an automated receipt and a confirmation of your purchase. You may retain this confirmation and payment receipt for your records.
5.5 SAB Safety Certificate QLD will provide a full refund to you if, through no fault of your own, SAB Safety Certificate QLD is unable to deliver the Services to you.
6.1 SAB Safety Certificate QLD may, at their sole discretion, provide you with a refund (either full or partial) if you can prove that you are unable to receive the Services, whereby SAB Safety Certificate QLD is willing and able to provide you with the Services, for reasons beyond your control. However, such a decision lies entirely at the discretion of SAB Safety Certificate QLD and is not a consumer right.
6.2 To clarify, SAB Safety Certificate QLD reserves the right to reschedule the provision of Services to you in circumstances where you are unable to receive the Services on the agreed date, to a mutually agreeable time, prior to using any discretion as to whether to offer any refund to you.
6.3 You will not be entitled to a refund for any products, consumables, or goods that were affixed to your property or used in the provision of Services to you. You acknowledge and agree that regardless of any other concession or discretionary refund that SAB Safety Certificate QLD may offer to you according to clauses 5.6 and 5.7 herein, you remain liable for the cost of any products, consumables, or goods provided to you by SAB Safety Certificate QLD, whether your Service(s) have been rendered in full or not.
7.1. SAB Safety Certificate Services are provided with the guarantees that cannot be excluded under the Australian Consumer Law.
7.2. Where you have received goods or products in the course of the provision of the Services to you, any major damage or defect in those goods or products and any resulting foreseeable damage as a result thereof, is the liability of the manufacturer of those goods or products.
7.3. Under Australian Consumer Law, you are entitled to a repair of the goods and/or products supplied where the goods and/or products fail to be of an acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
7.4. Where a defect in goods or products is a major failure, you are entitled to a replacement of those goods or products or a refund where a suitable replacement is not available or cannot be supplied to you.
7.5. You may make a claim with the manufacturer of the goods and/or products for material defects in the goods and/or products (a ‘Warranty Claim’) within the applicable manufacturer’s warranty period or otherwise any statutory warranty period you are entitled to under the Australian Consumer Law (‘Warranty Period’).
7.6. SAB Safety Certificate may, at their sole discretion, provide you with a direct refund or replacement of any goods and/or products provided to you in the provision of the services where a qualifying defect under the Australian Consumer Law is applicable, or may, at their sole discretion, assist you in making a Warranty Claim.
7.7. Where SAB Safety Certificate elect to, at their sole discretion, offer you a replacement and/or refund for goods and/or products provided to you in the provision of the Services, your Warranty Claim must be made during the Warranty Period, and you must:
- Provide proof of purchase of the goods and/or products from SAB Safety Certificate to showing the date of purchase of the goods and/or products, provide a description of the goods and/or products and the price paid for the goods and/or products by sending written notice by way of email to firstname.lastname@example.org.
- Where SAB Safety Certificate select, at their sole discretion, to accept a Warranty Claim on your behalf, then SAB Safety Certificate will, at their sole discretion, either repair or replace the defective goods and/or products at no additional cost to you for the supply or labour in relation to the repair or replacement of those goods and/or products.
- You acknowledge and agree that where applicable, you will be solely liable for any postage or shipping costs incurred by you, SAB Safety Certificate in relation to the repair, return, or replacement of defective goods and/or products where SAB Safety Certificate, elect, at their sole discretion, to facilitate a Warranty Claim on your behalf.
- The Warranty afforded to you by the manufacturer of the goods and/or products or otherwise under the Australian Consumer law shall be the sole and exclusive warranty for those goods and/or products and the exclusive remedy available to you in relation to the products to which the Warranty and/or Warranty Claim relates.
- All warranties including implied warranties and warranties of merchantability and fitness for use are limited to the Warranty Period.
- Any applicable Warranty does not apply to any appearance of the supplied goods and/or products nor to any additional excluded items set forth in these terms (as the case may be), below nor to any supplied goods and/or products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction by you or at your specific request.
7.8. For the avoidance of doubt, SAB Safety Certificate are not liable for any inherent defects, faults, or inoperability of any goods or products provided to you during the provision of Services to you where a reasonable person could ascertain, on visual inspection, that the goods or products are faulty. In accepting the Services, you understand and agree that the liability for goods and or product faults provided to you in the provision of Services to you, where a reasonable person could not ascertain any fault in the goods or products, shall remain with the manufacturer of those goods and/or products and you agree to save and hold harmless SAB Safety Certificate, their agents, heirs, assigns, and related bodies corporate from any damage or loss attributable the goods and or products provided in the provision of Services to you.
7.9. SAB Safety Certificate takes reasonable measures to ensure that any goods or products provided in the provision of Services to you appear to be free from defect or damage prior to the use of provision of those goods and/or products during provision of the Services to you.
7.10. In accordance with the Australian Consumer Law standards for service providers, SAB Safety Certificate warranty that Services shall be rendered with acceptable care, skill and the requisite technical knowledge as deemed reasonable by industry standards from time-to-time and that the Services provided are as described and/or offered and are fit for the purpose for which they are intended only.
7.11. In accordance with the Australian Consumer Law standards for service providers SAB Safety Certificate warranties that they will take the in the provision of Services to you to avoid reasonably foreseeable loss or damage.
7.12. In further compliance with the Australian Consumer Law standards for service providers, clauses 7.10-7.11, except for exclusions under Australian Consumer Law, shall also apply to services where products and/or goods and Services are bundled, gratuitous Services, Services rendered at discounted or sale prices, and Services offered or obtained online.
7.13. If the Services provided to you do not meet the standards required under Australian Consumer Law as it applies to your circumstances, you may be entitled to claim a remedy under Consumer Guarantee provisions of the Australian Consumer law which may include cancelling the service, or in specific and applicable circumstances, compensation for losses and/or damages.
7.14. SAB Safety Certificate shall only be liable for losses and/or damages in relation to Services to the extent of the cost of the Service(s), unless otherwise deemed appropriate by a court of competent jurisdiction. Further information relating to consumer guarantees as they pertain to services can be found at https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer- guarantees#what-products-and-services-are-guaranteed-.
Exceptions to Warranties and Consumer Guarantees
8.1. Consumer Guarantees
Consumer guarantees do not apply under Australian Consumer Law if you:
- Received the Services requested and/or paid for but changed your mind, found a similar service elsewhere at a lower price, were unsatisfied with the Service or its outcome (provided the Services were rendered with reasonable care, skill, and technical knowledge required or in accordance with acceptable industry standards), or decided the Service was no longer needed or useful.
- Misused goods or products (whether in connection with a Service or not) resulting in damages or losses.
- Were not entitled to rely on the Service as professional advice for decision-making.
- Had knowledge of any faults in goods or products prior to purchasing them.
- Had knowledge or were made aware, directly or through information/documentation, that the Services had limitations (i.e., not intended to be all-encompassing).
- Requested a Service to be done in a specific way against the advice, recommendation, or acceptable industry standard as adopted or preferred by SAB Safety Certificate QLD, or did not provide clear and specific instructions.
8.2. Rights under Australian Consumer Law
In accordance with Australian Consumer Law, rights to repair, replacement, refund, cancellation, or compensation do not apply to goods, products, items, or services that:
- Are worth or cost more than $100,000.00 and are primarily for business or commercial use, such as machinery, heavy mechanical equipment, or farming equipment.
- Are intended to be on-sold or modified for re-supply as part of a business activity or for profit.
- Involve Services for storing or transporting goods or products.
Copyright and Intellectual Property
9.1. Website Content
The Website, the Services, and all related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the “Content”) are owned or controlled by SAB Safety Certificate QLD or its contributors.
9.2. Ownership of Website and Content
SAB Safety Certificate QLD retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- The business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of SAB Safety Certificate QLD.
- The right to use or exploit a business name, trading name, domain name, trademark, or industrial design.
- A system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).
9.3. Use of Content
Without the prior written permission of SAB Safety Certificate QLD and any other relevant rights owners, you may not:
- Broadcast, republish, upload to a third party, transmit, post, distribute, show, or play in public, adapt, or change the Content or third-party content for any purpose.
This prohibition does not apply to materials on the Website that are freely available for re-use or are in the public domain.
11.1. Terms and Conditions
You acknowledge that SAB Safety Certificate QLD does not make any terms, guarantees, warranties, representations, or conditions regarding goods, products, or services other than those provided for under these Terms.
11.2. Accuracy of Information
SAB Safety Certificate QLD will make reasonable efforts to ensure that goods, products, or services are accurately depicted on the Website. However, you acknowledge that sizes, colors, and packaging may differ from what is displayed on the Website, and the Website may not comprehensively describe all aspects of a good, product, or service.
11.3. Limitation of Liability
Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.
Subject to this clause and to the extent permitted by law:
- All terms, guarantees, warranties, representations, or conditions that are not expressly stated in these Terms are excluded.
- SAB Safety Certificate QLD, their agents, heirs, assigns, and related bodies corporate will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the purchasing Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee).
11.5. Use of the Website and Services
Use of the Website, the Services, and any goods or products offered by SAB Safety Certificate QLD, including the delivery of goods/products, is at your own risk. Everything on the Website, the Services, and the goods/products is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors of SAB Safety Certificate QLD make any express or implied representation or warranty about the Content, or any products or services referred to on the Website.
This includes (but is not restricted to) any loss or damage you might suffer as a result of the following:
- Failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, or other harmful component.
- Loss of data, communication line failure, unlawful third-party conduct, theft, destruction, alteration, or unauthorized access to records.
- The accuracy, suitability, or currency of any information on the Website, the Services listed therein, or any of its Content-related products (including third-party material and advertisements on the Website).
- Costs incurred as a result of using the Website, the Services, or any goods/products related to the Services.
- The Content or operation in respect to links provided for the User’s convenience.
- Any failure to complete a transaction or any loss arising from e-commerce transacted on the Website.
- Any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of materials relating to or constituting such conduct.
Limitation of Liability
12.1. Liability Limitation
SAB Safety Certificate QLD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms. If you have not paid the Purchase Price, the total liability of SAB Safety Certificate QLD is limited to the resupply of information or Services to you.
12.2. Exclusion of Damages
You expressly understand and agree that SAB Safety Certificate QLD, their affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you, however caused and under any theory of liability. This includes but is not limited to any loss of profit, loss of goodwill or business reputation, and any other intangible loss.
12.3. Responsibility for Site Content
SAB Safety Certificate QLD is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website, third parties, or any of the Services offered by SAB Safety Certificate QLD.
12.4. Third-Party Goods or Products
You acknowledge that SAB Safety Certificate QLD does not manufacture certain goods or products used in the provision of Services to you. You agree that SAB Safety Certificate QLD will not be liable to you for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with third-party manufactured goods or products.
12.5. Liability to Third Parties
SAB Safety Certificate QLD, their agents, heirs, assigns, or related bodies corporate shall not be liable to any third party in relation to the provision of Services or any related goods or products. Individuals or entities without a contractual relationship with SAB Safety Certificate QLD may not bring any claim or action against SAB Safety Certificate QLD on behalf of themselves or any member or customer of SAB Safety Certificate QLD.
Termination of Contract
13.1. The Terms will remain in effect until terminated by SAB Safety Certificate QLD or. SAB Safety Certificate QLD may terminate the Terms with you if:
- You have violated any provision of the Terms or intend to violate any provision.
- SAB Safety Certificate QLD is required to do so by law.
- A joint venturer or partner with whom SAB Safety Certificate QLD has offered the Services to you has terminated their relationship with or ceased to offer the Purchase Services to you.
- SAB Safety Certificate QLD is transitioning to no longer provide the Services in the country where you reside or use the Service.
- In the opinion of SAB Safety Certificate QLD, the provision of the Services to you is no longer commercially viable.
13.2. Subject to applicable laws, SAB Safety Certificate QLD reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, at its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms, any applicable law, or if your conduct impacts the name or reputation of SAB Safety Certificate QLD or violates the rights of another party.
13.3. When the Terms come to an end, all the legal rights, obligations, and liabilities that you and SAB Safety Certificate QLD have benefited from, been subject to, or which have accrued over time while the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation. The provisions of this clause shall continue to apply to such rights, obligations, and liabilities indefinitely.
14.1. You agree to indemnify SAB Safety Certificate QLD, 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 any Content you post through the Website.
- Any direct or indirect consequences of your accessing, using, or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms.
- Any breach of the Terms.
15.1. Compulsory: If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2. No individual or entity may raise a dispute with SAB Safety Certificate QLD, its agents, heirs, assigns, or related bodies corporate if that individual or entity is not a customer of SAB Safety Certificate QLD (i.e., has not purchased any services, goods, or products) from SAB Safety Certificate QLD. Nothing in these Terms, the Website, or any other materials shall be taken to permit any individual or entity to make a third-party claim against SAB Safety Certificate QLD.
a) Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute. Purchasers of Services must use the Customer Dispute Resolution form, available to download or print from the Website under the ‘More → Help’ tab and email the completed form to email@example.com.
b) Resolution: On receipt of the notice (‘Notice’) by the receiving (other) party, the parties to the Terms (‘Parties’) must:
- Within ten (10) business days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
- If, for any reason whatsoever, within ten (10) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by a body of competent jurisdiction.
c) The party requesting mediation shall be solely liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation. Without limiting the foregoing, they undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing.
d) The Parties must each pay their own costs associated with the mediation.
e) Any mediations are agreed to be held on the Gold Coast in Queensland, Australia.
f) Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
g) Termination of Mediation: If three (3) hours have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.
Venue and Jurisdiction
16.1. The Services offered by SAB Safety Certificate QLD are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, 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 Queensland, 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.
Independent Legal Advice
19.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have had the opportunity to obtain independent legal advice. They declare that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in full force and effect.