OSH24 LTD TERMS AND CONDITIONS
Introduction and acceptance.
This is a contract between you (the Customer) and us (OSH24 Ltd). The agreement describes the services and terms on which we will provide services to you, how we will work together and other aspects of our business relationship. It is a legal document, so some of the language used, is necessary “legalese”, but we have tried to make it as easy to read as possible. These terms are so important that we cannot provide our products and services to you unless you agree with them.
By accessing, registering, using or downloading any materials from the OSH24 website (Site), you agree to follow and be bound by the Terms, which may be updated by OSH24 Ltd from time-to-time. You can view the latest version of our Terms and Conditions at any time at the Terms and Conditions page on this Site. OSH24 and its third-party providers may make improvements or changes to the products, services, mobile applications, features, programs, or prices described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on this Site. If you do not agree to these Terms and Conditions, please do not use this Site.
By using the membership subscription service, you agree to these terms.
We may periodically update these terms, and if you have an active OSH24 membership, we will let you know when we do through email. You can find archived versions of the terms here. We know legal terms can sometimes be difficult to navigate. Therefore we wanted to give you a roadmap of this Agreement:
Site is the OSH24 website that serves as the main interface concerning this service between you and OSH24 Ltd.
To use the services available on the Site, you must complete the membership registration form. You agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (“User Data”)
- Maintain and promptly update the User Data to keep it accurate and current.
You agree that OSH24 may use your User Data to provide services on the Site for which you have expressed interest. This User Data is also used to populate the different Health and Safety forms within the Site, so it is also in your interest to keep this data current.
If you provide any information that is inaccurate or not current, or OSH24 has reasonable grounds to suspect that such information is inaccurate or not current, OSH24 has the right to suspend or terminate your account and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction.
MEMBERSHIP FEES AND PAYMENTS
If you choose to become a member of OSH24, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by OSH24) (“Payment Method”). You may switch to a different Payment Method or update your information by visiting the “Account” page or by contacting us by email at email@example.com. Your account will be activated upon entering the basic registration details, confirming that you have read this Terms and Conditions and by entering your payment information.
You will only be charged for your membership fees after the initial 30-day free trial. You agree to pay all membership fees and other charges incurred in connection with your username and password for your OSH24 account.
The following may apply to your membership:
- We give our subscribers the first month free as a trial; therefore, we do not subject our first stage subscriber to payment.
- A non-refundable Activation Fee is payable for all online prepaid Memberships (unless waived as a promotional offer).
- Unless in accordance with the suspension of Membership or where a Membership has been cancelled in accordance with these Terms, Your Membership Fees shall remain payable throughout the Membership period irrespective of your use of the facility.
- We also offer a money back guarantee on all Membership Options purchased online, no questions asked. This means that if you change your mind and for any reason decide that You do not want to continue with your Membership, you can notify Us of your decision to cancel within the first 60 days of applying and We will not charge you, we will refund the payment the month current at the time of cancellation. All activation, joining and Membership fees paid in advance will be refunded, providing that you have not waived your right to cancellation by receiving Membership benefits during this period.
- You will need to purchase a new Membership in order to continue using the facilities if your existing Membership expires without a renewal being put in place, or if any due payment is missed. Such new Memberships may attract the usual Joining Fee / Activation Fee and/or Advance payment charges (where applicable).
Monthly prepaid membership
- Where You join as a Monthly Prepaid Member, You must pay by direct debit (charged through one of our Payment Providers). You will be notified of your direct debit date at the time of joining.
- Monthly direct debits are a full binding contract between Us and You and will automatically continue until You notify Us otherwise in writing.
- Failure to make any due payment will result in the Membership being suspended and further admission to all relevant facilities will be denied until all outstanding payments have been made.
- We retain the right to recover all outstanding balances including activity fees.
- All Membership Option prices are reviewed from time to time and at least once per calendar year. If Your Membership Fees is paid by direct debit and are changed, We will notify You at least ten working days in advance by email and/or by letter.
You may elect to pay membership fees on a monthly or annual basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the monthly or annual period (as applicable) and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorise OSH24 to charge your Payment Method for the appropriate membership charges and for any other purchases you elect to make via the Site. OSH24 reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition.
You may cancel your membership at any time by visiting your “Account” page. The cancellation of membership will go into effect at the end of your current billing cycle, and you will continue to have the same level of access to the Site through the remainder of such billing cycle. When your membership ends, you will lose access to any data that you may have entered. OSH24 will not provide refunds or credits upon cancellation (other than the initial 60-day no questions asked cancellation). You can renew your subscription at any time without opening a new account, provided that additional fees may apply if you decide to restart your membership again at a later date.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and your computer while logged into the Site. You accept responsibility for all activities that occur under your account or from your computer. We endeavour to use reasonable security measures to protect against unauthorised access to your account. We cannot, however, guarantee the absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify OSH24 of any unauthorised use or your account or password or any other breach of security, and to accept all risks of unauthorised access to the User Data and any other information you provide to OSH24.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (‘Content”), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not OSH24, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. OSH24 does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will OSH24 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted.
You agree to not use the Site to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, OSH24 officials, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships;
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail, spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers to disguise the origin of any access (or attempted access) to the Site.
The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.
You understand that use of certain features of the Site may require you to purchase third-party equipment or materials (e.g., Personal Protective Equipment, signage, etc.). While OSH24 may recommend the equipment or materials of certain third-party suppliers, OSH24 shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third-party equipment or materials will function with the Site or will be error-free.
CONTENT SUBMITTED TO THE SITE
You acknowledge that OSH24 may or may not pre-screen or monitor Content, but that OSH24 and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the preceding, OSH24 and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.
OSH24 does not claim ownership of Content you may submit or make available for inclusion on the Site. All content submitted by you, remains confidential to you and will not be shared or distributed unnecessarily. You acknowledge, consent and agree that OSH24 may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- Comply with legal process;
- Enforce the Terms;
- Respond to claims that any Content violates the rights of third parties;
- Respond to your requests for customer service;
- Protect the rights, property or personal safety of OSH24, its users and the public.
Subject to the preceding, OSH24 will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS AND ADVERTISERS
Third-party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third-party service provider or advertiser. When you purchase any product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third-party service provider or advertiser and not with OSH24. Your correspondence or business dealings with, or participation in promotions of, third-party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party service provider or advertiser. Although we are interested in receiving feedback regarding our third-party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third-party service providers and advertisers, OSH24 is not responsible for the performance or non-performance of any third-party service provider or advertiser. You are in no way obligated to use or transact business with any particular third-party service provider or advertiser that appears on the Site. YOU AGREE THAT OSH24 SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE ON THE SITE. If you, however, have any bad experience with any third-party, please inform us of the matter, and we will investigate with the option of terminating our relationship with that third-party supplier if the situation warrants such an action.
The Site may provide, or third-parties may provide, links to other Internet sites or resources. Because OSH24 has no control over such sites and their resources, you acknowledge and agree that OSH24 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. OSH will however periodically review the suitability of these external sites to ensure they remain applicable to the services that We offer.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray OSH24 or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement any RSS feeds located on the Site for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Site, any necessary software used in connection with the Site (if any) and any Content available on the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by OSH24 or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the software or Content available on the Site (other than Content that you may submit), in whole or in part.
OSH24 grants you a personal, non-transferable and non-exclusive right and license to access and use the Site; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site. You agree not to access the Site by any means other than through the interface that is provided by OSH24 for use in accessing the Site.
The term OSH24, the OSH24 logo and other OSH24 logos and product and service names are the exclusive trademarks of, and are owned by, OSH24 Ltd., and you may not use or display such trademarks in any manner without OSH24’s prior written permission. Any third-party trademarks or service marks displayed on the Site are the property of their respective owners.
OSH24 reserves all rights not expressly granted hereunder.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you have reason to believe any part of the Content of the Site infringes the copyrights of others, please notify our Copyright Agent immediately using the contact information provided below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to remove or disable the allegedly infringing Content or link immediately.
If you are the copyright owner (or are authorised to act on behalf of the copyright owner), please notify our Copyright Agent immediately if you believe that:
- Any Content displayed on the Site infringes your copyright or
- Any link posted on the Site links to materials that infringe your copyright.
As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to the materials that are claimed to be infringing (or the subject of infringing activity).
Your notice must be in writing and must include the following:
- A description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- A description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material on the applicable Site;
- Enough information to permit us to contact you, such as your name, address, telephone number and e-mail address;
- A statement that you have a good faith belief that the allegedly infringing use of the material was not authorised by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- A statement that all of the information you have provided is accurate;
- Moreover, a statement, made under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
c/o OSH24 Ltd.
PO Box 50180, Tawa, Wellington, 5049
We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”). While you are not obligated to provide Feedback, in the event that you provide Feedback, you hereby grant to OSH24 a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send OSH24 any Feedback that you do not wish to license to us as set forth above.
This website is managed by OSH24 to provide health and safety information, advice and resources. OSH24 does not accept any responsibility or liability to you, whether in contract, equity or tort, or under any other legal principle, for any direct or indirect losses or damage of any kind arising from the use of this site. This includes any action taken as a result of reading or reliance placed on OSH24.
Without limiting the above, you are advised that:
- The information provided is of a general nature only and is not intended to address specific circumstances of any particular individual or entity.
- OSH24 may change, add to, delete from, or otherwise amend the content of this site without notice.
OSH24 makes no warranties, guarantees or undertakings as to results that may be obtained from information contained on this website. Information provided is not professional or legal advice. Specific advice should be sought from qualified professionals prior to relying on any information received at this site.
The information provided is not in substitution for or in any way an alteration to the laws of New Zealand or any other official guidelines or requirements.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. OSH24 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARDS TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
OSH24 DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
- ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS.
- ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM.
- THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF.
- YOUR USE OF THIS SITE, OR
- YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
You agree to indemnify and hold OSH24 and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including legal fees, made by any third-parties, due to, or arising out of, Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your health and safety activities which generate the Content you post or seek to post on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that OSH24 may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to;
- Breaches or violations of the Terms or other incorporated agreements or guidelines,
- Requests by law enforcement or other government agencies,
- A request by you (self-initiated account deletions),
- Discontinuance or material modification to the Site (or any portion thereof),
- Unexpected technical or security issues or problems,
- Extended periods of inactivity, and/or
- Non-payment of any fees owed by you in connection with the Site.
Termination of your account may include;
- Removal of access to all offerings within the Site.
- Deletion of your information, files and Content associated with or inside your account.
- Barring of further use of the Site.
Further, you agree that all terminations for cause shall be made in OSH24’s sole discretion and that OSH24 shall not be liable to you or any third-party for any termination of your account or access to the Site.
This Site is controlled by OSH24 from its offices within New Zealand. OSH24 makes no representation that the Content in the Site or the Site are appropriate or available for use in other
locations and access to them from territories where their content or use is illegal or prohibited.
Those who choose to access this Site from locations outside of the New Zealand do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of New Zealand export laws and regulations. Any action related to the Site, the Content or the Terms shall be governed and controlling New Zealand law, without regard to conflicts of laws thereof. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (I) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment or agency relationship exists between you and OSH24 as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and OSH24 concerning your use of the Site. The failure of OSH24 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of OSH24. OSH24 has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third-party contractors to fulfil its duties and obligations under these Terms and in connection with the Site. OSH24’s notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
CONTACT AND QUESTIONS
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org.
We strive to respond to support requests within 48 hours after the request has been received. We will provide support to you related to the Site via email:
Company name – OSH24 Ltd
Web URL – www.osh24.co.nz
Address – 1 Kedge Ave, Whitby, Porirua.
Country – New Zealand