HazardCo Australia Pty Ltd ACN 629 899 270 (‘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 or such other period specified in the subscription form, 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 login and password, sent via email to your nominated email address that will result in the formation of a 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 Australia 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 Australia 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.
Project Allocations
Your Subscription Account may include a specified number of complimentary projects per subscription period (‘Project Allocation’). The number of projects included in your Project Allocation for the relevant subscription period will be specified at the time of subscription or renewal.
Project Allocations must be used during the subscription period which they are issued. Unused Project Allocations in any given subscription period do not accumulate or roll over to renewed subscription periods and will lapse if not used before the expiry of the relevant subscription period and will not be refunded or credited back to you. You may use a Project Allocation by placing an order for the project through our Website or by contacting our Customer Support Team, regardless of whether work on that project has commenced or been completed during the subscription period. Any additional projects ordered beyond your Project Allocation will be charged at the rates specified at the time of order.
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, in the payment schedule chosen by you (either monthly or annually) 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’), or your bank account details for direct debit (‘DD’), you authorise us (or our providers) to charge your Card or raise a DD at the point of time when you purchase additional products or services, and at the start of each payment period for membership fees incurred during that time in relation to your Subscription Account.
All prices are in Australian Dollars (AUD) 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).
Free trials and promotions
We may offer free trial periods to our Services from time to time. During a free trial period, you will not be required to pay any membership fee. We may also offer other promotional discounts or benefits (‘Promotions’). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion or free trial in our discretion for the purposes of preventing abuse of the Promotion or free trial. Promotions and free trials may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms.
Cooling-Off Period
If you decide to cancel your Subscription Account (and, consequently, the access of any End Users) within fourteen (14) days of the Commencement Date (the ‘Cooling-Off Period’), you may do so by emailing info@hazardco.com or calling on 1800 954 702 to request account closure.
No full or partial refunds will be issued for any termination or cancellation of the Subscription Account outside of the Cooling-Off Period.
We reserve the right to deduct an administration fee of $150.00 (plus GST) from any refunds if there is physical product damage for returned product or difficulty in processing the 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 to your nominated email address notifying you that your Subscription Account will be renewed, at four (4) 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 or phone prior to the renewal date, time being of the essence. This clause is subject to the procedures for Cooling-off Period. 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
Should you need to terminate your Subscription Account (and the access of any End Users), you can do so by calling 1800 954 702 or emailing info@hazardco.com to request the closure of your Subscription Account. Termination will take effect at the end of your current minimum subscription period (12 months). No refunds will be issued for any fees, charges, or amounts already paid or owed. If you are paying monthly, you will need to continue paying monthly fees until the end of the minimum subscription period.
If termination is due to a change in these Terms that has a materially detrimental effect on you:
Failure to pay any amount due to HazardCo by the required date will be considered a termination of your Subscription Account by you, without limiting HazardCo’s rights.
If you terminate within fourteen (14) days of the Commencement Date, please refer to the Cooling-off Period section above.
Termination/Cancellation by HazardCo
We reserve the right to terminate your Subscription Account (and accordingly, your ability to access our Services and Product) 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:
Definitions
In these Terms:
