Thank-you for choosing Safetrac. We appreciate You selecting our services and look forward to developing a rewarding long-term partnership. It is important that both parties agree on the services to be provided and our mutual rights and responsibilities.
When You sign the Subscription Order attached to Your Proposal, You are entering a binding agreement with Safetrac Pty Ltd ABN 48 098 914 848 of 7/333 Collins Street, Melbourne, Vic, 3000 (referred to as “We”, “Us” or “Safetrac”). The General Terms set out below, together with Subscription Order Details and any Special Terms set out in the Subscription Order (Terms), govern the legal relationship between us, and set out our mutual rights and obligations. So please read everything carefully. You must agree to the Terms in order for us to provide the items detailed in Your Subscription Order.
You are deemed to have read and agreed to the Terms when You sign the Subscription Order. Defined terms in the Subscription Order have the same meaning in this document, unless otherwise stated.
You acknowledge that We cannot commence work until the Subscription Order is signed, even where You have asked Us to meet a specific delivery date.
These General Terms are current as of 6 February, 2025.
These General Terms set out the legal rights and obligations that apply to Your Safetrac subscription. Subject to the information set out in Your Subscription Order, by signing the Subscription Order, You are agreeing to subscribe to:
1.1. Our Content; and/or
1.2. the Safetrac Platform (the Platform),
together with any features, services, accounts, benefits and offers set out and agreed between Us, and You (“referred to as “You”, “Your” or the “Customer”) in the Subscription Order (“Your Subscription/s”). You access the Subscriptions via the Safetrac Platform via Your Safetrac Account.
These General Terms apply subject to any special terms set out in Your Subscription Order, please read these carefully as they will apply to Your Subscription/s.
Other obligations
You acknowledge that other agreements or policies may also apply to Your Subscriptions including:
If there is any inconsistency between Your Subscription Order and these General Terms, the Subscription Order will take priority to the extent of any such inconsistencies.
We are always improving our service offering and may amend or add to General Terms from time to time by posting our updated General Terms to the Safetrac website available at www.safetrac.com.au. Where we elect to amend our General Terms, we will provide You with 30 days’ prior written notice of such a change, unless the change is required for safety and security purposes or to comply with applicable law (in which case We will provide notice to You as soon as reasonably practicable).We will notify You via email to Your nominated address for notifications to be sent. You may also check the Safetrac website from time to time for any changes.
Where We have notified You, or You otherwise become aware of, a change in the General Terms that You reasonably believe adversely affects Your Subscriptions please notify Us of Your concerns by mailing [email protected]., within 30 days from the date you receive Our notification. If You do not notify us of your concerns within 30 days of receiving Our notification, you will be deemed to have agreed to the amended Terms.
Within 30 days of receiving Your notification of concerns, We may, at our discretion, notify You that:
We may at our discretion, elect to provide services through other members of the Safetrac Group (Associated Entities). The (Safetrac Group) means D Coram Holdings Pty Ltd (ACN 629 568 967) and the companies for which it is the ultimate holding company. Unless otherwise agreed, Your agreement is with the Safetrac Entity indicated on the first page of these terms.
Once You have signed a Subscription Order and paid the applicable fees, We will set You up with access to Your Subscriptions.
7.1. The Subscription and features available are limited to the number of Users, Administrative Users and Reporting Users, Platform Level, and or Content set out in the Subscription Order.
7.2. Your Subscriptions will commence on the Execution Date and continue for the Initial Term. After Your Initial Term has expired, You will move to an automatic annual renewal model and your Subscription/s will automatically renew, on a rolling basis, for further periods of 12 months each. (Auto Renewal Period).
7.3. If You do not want Your Subscription to automatically renew, You can cancel Your Subscription/s by providing written notice to [email protected] no less than 60 days prior to the end of the Initial Term or the then current Auto Renewal Period (as applicable) (Cut Off Date). If You do not cancel Your Subscription prior to the Cut Off Date, Your Subscription will automatically renew for the next Auto Renewal Period and You must pay the fees applicable for that further period.
7.4. Platform Subscriptions are not transferrable between Users. If a User ceases to require access to the Platform, You must deactivate their profile and may set up a new User – up to the total number of Users provided for within the Subscription Order/s – without additional cost.
7.5. For SCORM Subscriptions, subject to the payment of the fees set out in the Subscription Order, We will deliver You the Content (set out in the Subscription Order) and grant You a non-exclusive, non-transferable, revocable licence to run the SCORM Files, and to permit Users to access and use the Content, within Your Learning Management System (LMS). We will deliver SCORM Files to You upon payment of any applicable fees.
7.6. If You exceed the User limits set out in Your Subscription Order (Additional Users), You must pay additional User Fees for each Additional User (Overuse Fees). If You are using:
7.6.1. the Platform and You exceed Your User limits, We will audit Your Users and provide You with a document setting out the number of Additional Users and any applicable Overuse Fees (Overuse Statement), alongside Your annual Subscription invoice; and/or
7.6.2. our SCORM Files, You must keep accurate and complete records and accounts regarding the use and User access to our Content at all times. Upon no less than seven (7) days’ written notice, and no more than once per calendar year, We may request You to provide Us a full audit report of Your training records from Your LMS in relation to the use of our Content. If that audit reveals Additional Users, we will provide You with an annual Overuse Statement setting out the number of Additional Users and any applicable Overuse Fees alongside Your annual Subscription invoice.
7.6.3. The Subscription Fee is fixed for the first subscription year of the Initial Term. Thereafter, for the remainder of the Initial Term each subscription year will increase the Subscription Fees no more than the CPI (“Consumer Price Index” (All Groups) for Australia published by the Australian Bureau of Statistics for the preceding financial Year. Once the Initial Term has expired the Subscription Fee will be charged at the then current fees applicable for a 1-year term.
8.1. During the course of Your Subscription, We may offer certain additional services related to the Platform or Content such as implementation services, enrolment services, customisation services, administration, advisory services, development of custom content or surveys known as “Additional Services”.
8.2. If You require Us to perform Additional Services not set out in the Subscription Order, we will charge You an hourly rate set out in Your Subscription Order for the time it takes us to perform those Services.
8.3. If these Additional Services exceed one (1) Hour, we may agree to detail the Services in a Work Order, or other written communication agreed between Us. Additional fees (“Service Fees”) and terms in addition to these General Terms may apply to our Additional Services.
8.4. We will use reasonable efforts to meet any specific time schedules mutually agreed by the parties in writing for any Additional Services.
In providing the Subscriptions and Additional Services, We will:
9.1. act with a commercially reasonable degree of care and skill and in line with the Safetrac Charter (www.safetrac.com.au/charter):
9.2. Subject to Clauses 11 and 12 below:
9.2.1. make reasonable commercial efforts to ensure that the Content of any of Your Subscriptions is accurate and compliant with the law; and
9.2.2. when We become aware of any legislative update that impacts the Content, inform You of such changes, within a reasonable time, and make appropriate modifications to the Content;
9.2.3. where You have requested customisations to the Content and depending on those customisations, to advise You of the changes and consult with You as to whether You want Us to update Your customised Content (noting that we are not obliged to automatically update the Content in such circumstances);
9.3. not negligently or knowingly introduce, or permit the introduction of, a harmful code into Your IT infrastructure;
9.4. to the extent we are required to, comply with any applicable laws in Australia, including:
9.4.1. complying with the minimum employment age limit and not directly or indirectly employ or make use of any children, forced labour, or cause any work or service performed involuntarily under threat of penalty; and
9.4.2. complying with the Privacy Act 1998 (Cth).
You agree that:
10.1. all Content is prepared in line with the legislation in force at the time the Content was prepared, and having regard to any other considerations that We, in Our sole discretion, determine is relevant for the Content;
10.2. We may, in Our sole and absolute discretion, change, update or otherwise amend and/or issue new versions of the Content at any time without notice to You.
10.3. if You require any Content amendments or customisations (Customised Content), You must advise Us in writing so that We can make those modifications to Your Subscription. We are not liable or responsible for maintaining or updating any Customised Content, or any material modified under this Clause; and
10.4. the Content and any guidance or advice provided by Us, is for instructional purposes only and does not constitute legal advice, nor is it a substitute for You obtaining Your own legal advice to ensure the Content is applicable to Your business circumstances.
11.1. Where you have subscribed to access the Platform, you acknowledge and agree that We provide You access to The Platform on an “as is, as available” basis. To the maximum extent permitted by law, We disclaim any and all express or implied warranties, guarantees or representations including, but not limited to, merchantability and reliability, or that the Platform will be uninterrupted or error free. We make no guarantees or warranties about the fitness of the Platform, Content, Services, or features meeting Your requirements and or purpose. We do not warrant that features will be developed in the future.
11.2. Some parts of the Subscriptions, Platform or Content may include general summaries of the law, or tools to assist Your compliance with the law which may not deal with, or be applicable to, Your circumstances. We use reasonable efforts to create Content and services that comply with applicable laws in a general way, but Content and services provided through the Platform do not constitute legal, financial, accounting or taxation advice, and nor should they be relied upon as such by You. You are responsible for compliance with the workplace, tax and other laws that apply to You or Your business and You should obtain independent legal and taxation advice if required. Except for any liability that cannot be excluded or limited by law, we exclude liability for any and all losses (including indirect and consequential loss), costs, third-party claims, regulatory penalties, expenses, or liability arising from or relating to legal, tax, accounting or compliance issues associated with Your use of the Platform, Subscriptions and Content.
12.1. You are responsible for all acts and omissions for each User in connection with the Subscriptions (as if they were Your own acts or omissions) and all loss arising from Your use of the Subscriptions, and any access granted to Your Users.
12.2. You must ensure that all Users must comply with these General Terms to the extent that they apply to their individual use of the Subscriptions. Users must keep their username and password secure and not let anyone else access their Safetrac Account.
12.3. You must notify us immediately of any actual or suspected unauthorised use of Your Safetrac Account or if You suspect someone has access to Your login credentials.
12.4. You are responsible for all actions and losses arising from use of Your Safetrac Account because of Your failure to keep Your information secure and confidential.
12.5. You and Your Users must not:
12.5.1. use the Platform in a way that impairs its functionality, compromises the security or integrity of our systems or networks or interferes with other people’s use of the Platform;
12.5.2. modify, and/or make derivative works of, disassemble, decompile, reverse engineer anything on the Platform;
12.5.3. access any system or account without our permission;
12.5.4. use the Platform for any illegal or fraudulent purpose
12.5.5. upload anything that may be offensive, discriminatory, defamatory, abusive or infringes the rights of others including intellectual property rights and privacy rights.
12.5.6. license, transfer, sell, rent, lease, distribute, assign, host, sublicense and/or otherwise commercially exploit either the Platform or Content;
12.5.7. frame and/or utilise framing techniques to enclose any trademark, logo, and/or other portion of the Platform or Content (including images, text, page layout, and/or form);
12.5.8. use any metatags and/or other “hidden text” using Our name and/or trademarks;
12.5.9. use any manual and/or automated software, devices and/or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” and/or download data from any pages contained in the Platform;
12.5.10. use and/or access the Platform Content in order to build a similar and/or competitive website, product, and/or service;
12.5.11. copy, reproduce, distribute, republish, download, display, post and/or transmit any part of the Platform or Content in any form and/or by any means;
12.5.12. remove and/or destroy any copyright notices and/or other proprietary markings contained on and/or in the Platform or Content;
12.5.13. subject to customer content, copy or download, in a systematic manner, any content, graphics, video, text or animation from the Platform or Content, or communicate or otherwise distribute such systematically-obtained content, graphics, video, text or animation;
12.5.14. directly or indirectly introduce, or permit the introduction by, any harmful code to the Platform;
12.5.15. use or allow Your Users or any third party to do anything inconsistent with the terms of this Agreement; or
12.5.16. use Your Subscriptions if You have not paid the relevant Fees.
13.1. We will invoice You, and You agree to pay Us:
13.1.1. for the Initial Term, Upon receiving an executed Subscription Order, the Subscription Fees set out in the Subscription Order together with any Service Fees payable as part of Your Subscription Order in accordance with clause 14; and
accordance with clause 14; and
13.1.2. any Service Fees and Overuse Fees, at the end of the month in which We provided the Service/s; and
13.1.3. for each Auto Renewal Period, within the period of 30 days prior to the commencement of that Auto Renewal Period, the Subscription Fees together with any outstanding Service Fees and Overuse Fees
13.2. For the avoidance of doubt, in the event that You have less Users than the amount set out in Your Subscription Order, You will not be entitled to any refund of the Subscription Fees, future credit or contract extensions for Subscriptions you did not use. However, if You notify Us no less than 60 days prior to the expiration of Your:
13.2.1. Initial Term, or
13.2.2. Your then current Auto Renewal Period, we will prepare a new Subscription Order for You to sign with a reduced number or Users, including specifying any revised User Fees.
14.1. Unless otherwise noted in a Subscription Order, You must pay all invoiced fees:
14.1.1. That are related to a new SCORM content Subscription, within 7 days of the date of the invoice: or
14.1.2. That are related to an existing SCORM content Subscription, within 30 days of the date of the invoice: or
14.1.3. That are related to a Platform Subscription, within 30 days of the date of the invoice.
14.2. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information. If You do not notify Us of a change to Your billing information and We continue to send invoices to that address, and if there is a consequent delay in payment of our invoice, late fees will be applicable as set out in Clause 14.5 below.
14.3. If You require a PO number to be documented on our invoice to You as part of Your payment process, You must ensure a PO number is forwarded to Us within a timely manner. The provision of a PO by You, will not cause alteration to the invoice generation date. The invoice will be due and payable 7 days or 30 days (as applicable) from the issue date of the invoice. If You change Your PO process, or if You fail to notify Us of an update to Your nominated invoice recipient or PO process, and We are required to apply additional administrative time to clarify billing details, We may charge You additional fees to do so. Such fees will be added to Your next invoice.
14.4. You are responsible for all bank fees and charges associated with any international monetary transfer in association with payment of the invoice.
14.5. If You do not make payments by the due date, then unless otherwise agreed, We will charge You interest on all overdue payments, calculated daily at the Westpac Bank Indicator Lending Rate plus 2% per annum from the due date until the date the outstanding amount is paid.
14.6. If Your fees remain outstanding for more than 60 days, We may, at our discretion, immediately suspend Your access to Your Subscription. Should we suspend Your access, Your contractual obligations are not suspended and Your obligation to pay is unaffected, and will continue to accrue. We will send Notification of our intention to suspend (7 days prior to the actual suspension) to the notification details set out in the Subscription Order, or as modified by notice We receive in writing by You.
15.1. Unless expressly stated otherwise, all prices or other sums payable or any other consideration provided or under or in connection with this Agreement do not include GST.
15.2. Unless expressly stated otherwise, We may recover from You, and You must pay, the amount of any GST payable under the GST law on or for any taxable supply made in connection with this Agreement, subject to You receiving a valid tax invoice in respect of that taxable supply, at the same time at which it receives the invoice to which that taxable supply relates.
15.3. If the introduction or any variation of the GST is associated or connected with the abolition or reduction of any tax, duty, excise or other statutory charge which directly or indirectly reduces the cost of making any supply under this Agreement, the price or any other consideration (excluding GST) payable for the supply must be reduced by Us in accordance with the guidelines issued by the Australian Competition and Consumer Commission.
15.4. Upon written request, We may provide You evidence to demonstrate that We have complied with clause 15.3.
15.5. Terms and expressions used in this clause are those set out in the A New Tax System (Goods and Services Tax) Act 1999 and any regulations (“GST Act”) have the same meanings given to those terms and expressions in that Act.
The Terms will continue to apply until all Your Subscriptions, Safetrac Accounts and services provided under these Terms or associated with the Platform have terminated. Termination can occur in the following ways:
16.1. By You
You may terminate Your Subscriptions:
16.1.1. immediately by written notice, if:
16.1.1.1. We materially breach any of these terms and that breach is not capable of remedy or We do not remedy the breach within 14 days of written notice to do so; or
16.1.1.2. We experience an insolvency event; or
16.1.2. where you give notice under clause 3, upon expiry of the Initial Term or then current Auto Renewal Period (as applicable).
16.2 By Us
We may terminate Your Subscriptions:
16.2.1. immediately by written notice if:
16.2.1.1. You breach any of these terms and that breach is not capable of remedy or You do not remedy the breach within 14 days of written notice to do so;
16.2.1.2. You experience an insolvency event;
16.2.1.3. Any Subscription Fees, Service Fees or Additional User Fees are outstanding for 90 days or more; or
16.2.2. by giving you a notice of termination no less than 60 days prior to expiry of the Initial Term or then current Auto Renewal Period (as applicable).
16.3. By Agreement
In the event We both wish to terminate Your Subscriptions and access to the Platform, by notice signed by both You and Us.
16.4. Suspension by Us
We may immediately suspend Your access to all or any part of the Platform, Subscriptions, or services under these Terms at our sole discretion including if:
16.4.1. You are in breach of these Terms and You have not rectified that breach within 14 days of receiving a notice from us requiring you to do so;
16.4.2. Subject to clause 6, payment of any fees are overdue; or
16.4.3. We believe suspension is required to protect the Platform, our systems, or other users of the Platform.
A valid suspension by Us, is not a breach of our obligations.
16.5. Refunds
16.5.1. In the event of a termination under Clause 16.1, you will be entitled to a pro-rated refund for the portion of fees related to the remaining balance of the Initial Term or the then current Auto Renewal Period (as applicable) that You have paid for and not used. No refund is payable where we terminate in accordance with clause 16.2.
16.6. Effect of termination
Upon termination or expiration of this Agreement:
16.6.1. all current Subscription Orders and Subscriptions will immediately end;
16.6.2. You must immediately cease using Your Subscriptions and You must procure that Your Users also do so;
16.6.3 If we terminate your Subscription under clause 16.2, you must pay all outstanding fees due for the relevant Subscription term;
16.6.4. to the extent that You have in Your possession or control copies of Our Intellectual Property, whether in tangible or electronic form, and whether stored or installed on Your system, subject to 6.5 below, You must (at Our direction) either return to Safetrac, or destroy, each such copy of that content and provide a sworn statement that copies have been destroyed;
16.6.5. only with Our written consent may You retain a copy of Our Intellectual Property for the purpose of Your compliance records. Only designated personnel may store and access Intellectual Property for historical or compliance record purposes.
16.6.6. the termination of a Subscription Order and/or Subscription is not a sole remedy, and will not prejudice, or amount to a release of, compensation or other remedies that have accrued in relation to any acts, omissions, breach, negligence, or wilful misconduct occurring prior to such termination.
16.6.7. all rights and obligations of You and Us under Clauses 16, 18, 19, 20 and 21, will survive the expiry or termination of this Agreement for any reason.
16.6.8. Subject to any applicable laws, We have no obligation to store or provide access to any information that may be stored on the Platform regarding Your User’s use of the Platform (Data) on the Platform after termination of Your paid Subscription. We may delete or remove any Data stored on the Platform after 3 months from the date of termination. We will not be liable for losses incurred directly or indirectly from the loss of Data.
We may make pre-release or beta versions of products or services available to You. These products and services may be still under development and may be inoperable or incomplete and contain more errors and bugs than our fully released and available services or products. Because of the nature of these services, You use them at Your own risk and on this understanding. We will not provide You with pre-release or beta systems without Your express consent, but if consent is provided, it is done based on this clause.
18.1. While using the Platform, You may have access to our confidential information, such as, information that is not publicly available about our business, operations, trade secrets, technical information, non-public pricing information, information about the characteristics, features and performance of pre-release or beta versions. You agree to protect our confidential information and not to share it without our express written permission unless required to by law.
18.2. We will protect Your confidential information that You provide to Us and only use it to perform our obligations under these Terms and as permitted by these Terms. We may also disclose Your confidential information to our Associated Entities for the purpose of providing You with additional information about the Platform.
19.1. We own all rights in everything on the Platform except any:
19.1.1. content You and Your Users upload, and data created and available to You and Your Users on the Platform that is solely about You and Your User’s use of the Platform and Content that You have access to (Your Materials), and
19.1.2. open-source software components in the Platform which are subject to their relevant open-source licenses and do not form part of the license to the Platform.
19.1.3. content owned by third parties or others, such as content and information You provide when using the Platform. This includes copyright, trademarks, the design, compilation and look and feel of the Platform and all other intellectual property.
19.1.4. You must not copy, distribute, modify, or make copies of the Platform or any Content on the Platform or use any of our intellectual property rights except as permitted by these Terms or expressly permitted by Us in writing.
19.1.5. You and Your Users will retain all rights, title, and interest (including all Intellectual Property Rights) in Your Materials.
19.1.6. You grant Us a licence to use Your Materials for the purpose of providing services under these Terms, to enable You to use the Platform, to allow Us to improve the Platform, to carry data analytics using deidentified aggregated data, to communicate with about the Platform, the Content and our services and to send information We think may be of interest to You.
19.1.7. We take Your privacy and data protection seriously. In addition to these Terms, our Privacy Policy sets out in detail how We deal with personal data that You enter or upload to the Platform or otherwise provide to Us. By agreeing to these Terms, You consent to our use of Your Materials as described in our Privacy Policy.
19.1.8. If You enter or upload another person’s personal information, confidential information or intellectual property to the Platform (including information about Your employees), You must ensure that You have the rights as an employer or You made any required notifications and gained necessary consents to allow Us to store and use that personal information, confidential information and intellectual property as required to provide the Platform services and as permitted by these Terms. You indemnify Us, our Associated Entities and our directors, officers, employees, agents and licensors against all losses and costs (including legal costs), third-party claims, expenses or liability that arise out of Your failure to comply with this clause.
19.1.9. We have no obligation to monitor Your Data uploaded to the Platform. However, We have the right to (but We are not obliged to) remove Your Data or suspend or terminate Your access to the Platform if We consider that Your Data contravenes these Terms or any law or in response to a take-down request or allegation that Your Data breaches any persons intellectual property or other rights. We are not liable for any losses You may incur if We take any actions permitted by these Terms.
20.1. We will indemnify You against any claims made by a third party that the Platform and or its Content used by You in accordance with these Terms infringes that third party’s intellectual property rights (“Infringement Claim“). You must notify Us promptly of any such Infringement Claims, give Us sole control over the defence and settlement of the Infringement Claim, and provide reasonable assistance in defending the Infringement Claim. Subject to the foregoing, We will indemnify You for:
20.1.1. the amount paid by You to the third party based on a settlement (subject to the terms of such settlement being agreed by Us (acting reasonably)) or final court judgment, and
20.1.2 reasonable legal and other out-of-pocket expenses that You incur in providing assistance to Us in accordance with clause 1 above.
20.2. If We reasonably believe that an Infringement Claim under this clause may bar Your use of the Platform, We will either obtain the right to keep using the Platform, or modify or replace the Platform with a functional equivalent. If either of these options would cause unreasonable costs to Us, We may terminate Your right to use the infringing Platform, Content or Service and We will reimburse the corresponding proportion of prepaid subscription fees for the terminated The Platform, Content or Service on a pro-rata basis.
20.3. We are not liable if the Infringement Claim results from:
20.3.1. Your use of the Platform in violation of these Terms or against our written instructions;
20.3.2. alteration of the Platform service or content by You or not authorised by Us;
20.3.3. our compliance with Your express written instructions;
20.3.4. use of the Platform in combination with any product or service not provided by Us if the Platform would not infringe without such combination.
20.4. The remedies set out in this Clause 21 are Your sole and exclusive rights and remedies with respect to Infringement Claims.
21.1. You indemnify Us, our Associated Entities and our directors, officers, employees, agents and licensors against all losses and costs (including legal costs), third-party claims, expenses or liability (Losses“ that arise out of, or relate to, Your use of the Subscriptions, Platform or Content or any service delivered by a third party (except to the extent the Losses were caused by our breach of these Terms or our negligence).
21.2. Except for liability that cannot be excluded or limited by law, and except for the indemnity provided in clause 21.1, each party excludes liability for indirect loss or consequential loss including without limitation, loss of profits or revenue, loss of goodwill, damage to reputation, loss of anticipated savings, loss or corruption of data, loss, penalties or expenses arising from legal, tax or accounting compliance issues and any indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
21.3. We limit our total aggregate liability to You under this Agreement and in connection with the Subscriptions and Platform (including in connection with any Additional Services) to direct damages up to the total paid by You to Us during the 6-month period preceding the first event that gave rise to our liability under these Terms.
21.4. You may have the benefit of non-excludable warranties, guarantees or other rights provided under applicable laws in Your jurisdiction (Non-excludable Conditions). These Terms are subject to any Non-Excludable Conditions that apply to You. Our liability for Non-excludable Conditions is limited, at Our option, to the cost of replacing or paying for the costs of replacing the relevant goods or services (except if the liability for any Non-excludable Conditions cannot be so limited by law, in which case our liability for that Non-excludable Condition will be limited to the extent permitted by law).
22.1. You must send any notices under these General Terms to Us by emailing [email protected]. We will send legal notices to You by email to the email address You have provided to Us or through the notification functionality in Your Subscription Order.
22.2. It is Your responsibility to notify Us of any changes to the notification details in a Subscription Order. Your failure to notify Us of changes to Your personnel may result in You not receiving notifications sent to that address. This could include changes to our terms and or information about payments. Your failure to deal appropriately to delinquent payments can result in penalties and additional cost for which You will be responsible.
We are not liable for any delay or failure to perform obligations under the Terms due to events that are beyond our reasonable control, including without limitation, failure of power, telecommunications or data networks, natural disasters, government orders, strikes, wars, epidemics, or pandemics.
If You are a User, the rights given to You under these Terms are personal and You may not assign or transfer Your rights or obligations under these Terms without our prior written consent. We will not unreasonably refuse our consent if the assignee agrees to be bound by the Terms governing your Subscriptions and We form the view (in our absolute discretion) that the assignee is not a financial or other risk. We may assign our rights and obligations under the Terms (in whole or in part) without Your consent.
25.1. Our Relationship: We are independent contractors. Unless the parties explicitly agree in writing otherwise, nothing in these Terms should be interpreted as forming a partnership between Us and You or any Users, or as forming any other type of legal association that would give You or any User the right power or authority to bind or create any duty or obligation of Safetrac.
25.2. Survival of Terms: Any terms that by their nature or otherwise specified in these General Terms should continue to apply after termination.
25.3. Governing Law and Disputes: These Terms will be governed by the laws of Victoria, Australia and subject to the exclusive jurisdiction of the courts of Victoria, Australia. If You have any concerns or complaints about Us, the Subscriptions, or the Platform, please contact Us by emailing [email protected]. If either of Us has a dispute or claim arising out of related to the Terms governing Your service, each of Us will consult and negotiate in good faith to resolve the matter. If We are not able to reach a settlement within 60 days, then either of Us may commence legal proceedings.
25.4. Severability: If any part or provision of these General Terms is invalid, unenforceable or in conflict with the law, that part or provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these General Terms will be binding on You and Us.
