Site Supervisor (‘Site Supervisor’, ‘We’, ‘Our’ and ‘Us’) operates sitesupervisor.comTM.
By using sitesupervisor.comTM You agree to be bound by these terms.
In these terms:
- ‘Services’ means sitesupervisor.comTM (including User Content and Third Party Content) howsoever provided;
- ‘Subscription Account’ means an account with the ability to add or deactivate users;
- ‘Third Party Content’ means content added by other users;
- ‘User Content’ means any content created or uploaded by any user;
- ‘You’ means a person who has established a Subscription Account and includes any person who accesses or uses sitesupervisor.comTM on behalf of that person (‘Your Users’);
- ‘Your Content’ means any content created or uploaded by You.
About these Terms
These terms constitute the entire agreement between You and Us.
These terms supersede any course of dealing, discussions or representations between You and Us and any earlier terms and conditions.
These terms may be updated from time to time on one months’ notice.
If you do not accept these terms at any time please cease using sitesupervisor.comTM and contact Site Supervisor for any applicable refund.
Your use of the sitesupervisor.comTM constitutes your acceptance of these terms.
You are responsible for all the actions of Your Users.
Your Users also remain jointly and severally liable for their own actions to You, Us and third parties.
Your relationship with Site Supervisor and other Users
Site Supervisor makes sitesupervisor.comTM available to You on a non-exclusive basis.
When You use sitesupervisor.comTM , You are dealing with and collaborating with third parties.
Site Supervisor is not, and does not become, a party to or other participant in any contractual or other relationship between You and third parties in any capacity, other than as expressly set out in these terms.
Site Supervisor does not offer, provide, request, submit, approve, endorse, control or manage and is not responsible for User Content.
You bear all risks associated with the access to and use of sitesupervisor.comTM by You, including all interactions, collaborations and communications.
We are an independent contractor and are not your agent, joint venturer, partner, or fiduciary, and do not undertake to perform any of your regulatory obligations, or assume any responsibility for your business, operations or activities.
Registration by Users
You represent and warrant on an ongoing basis that all information that You have provided to Site Supervisor is, unless expressly stated otherwise by You, true, accurate, up to date and not misleading and complete.
You represent and warrant on an ongoing basis that:
- You are authorised to use sitesupervisor.comTM;
- You hold, all expertise, experience, qualifications, integrity, licences, permits, consents and authorisations required under all laws and regulations in relation to the activities undertaken using sitesupervisor.comTM in the jurisdiction for which such services are provided; and
- You have appropriate levels of insurance coverage according to industry standards.
You agree to:
- provide current, complete and accurate information;
- take all steps necessary to keep your password safe and secure and to ensure your account is not accessed or used by anyone without your authority;
- notify us immediately of any unauthorised access to or use of your account or Your User’s accounts, or password or any other breach of security of which You are aware; and
- only use your own account
Access and ensuring acceptable use
- abide by all applicable laws;
- act reasonably and in good faith in all dealings with Site Supervisor and other users.
- not use sitesupervisor.comTM:
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for prohibited, defamatory, misleading, obscene, offensive, inappropriate or socially unacceptable content or activity;
- to send, or procure the sending of, unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation or spam;
- to knowingly transmit any data or send or upload any material that contains technically inappropriate content;
- to conduct security, integrity, penetration, vulnerability or similar testing;
- to use any robots or other software tool designed to automatically emulate the actions of a human user;
- not reproduce, duplicate, copy or re-sell any part of the sitesupervisor.comTM;
- not access without authority, interfere with, damage or disrupt:
- any part of the sitesupervisor.comTM;
- any equipment or network on which the sitesupervisor.comTM operates; or
- any software used in the provision of the sitesupervisor.comTM; or
- not remove or modify any sitesupervisor.comTM markings or any notice of our or a third party’s proprietary rights;
- not modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of sitesupervisor.comTM; or
- not at any time use or disclose to any person any confidential information relating to sitesupervisor.comTM or any user save to your personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law.
You acknowledge and agree that:
- We make no representations or warranties as to the conduct of other users; and
- We are not in any way liable for the acts or omissions of any other users.
Intellectual property and ownership of content
We retain all rights in sitesupervisor.comTM save for User Content. All rights not expressly granted are expressly reserved.
You hereby grant Site Supervisor an irrevocable worldwide royalty free perpetual licence to use Your Content for the purposes of operating sitesupervisor.comTM.
You represent and warrant on an ongoing basis that Your Content is accurate and truthful, that you have all rights, power and authority necessary to provide Your Content to us, that Your Content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, that Your Content complies with all applicable laws and that Your Content does not violate these Terms.
We reserve the right to remove any of Your Content at any time if we consider that it violates these terms.
We do not claim any ownership rights in any of Your Content and nothing in these Terms restricts any rights that you may have to use and exploit Your Content.
Your Content must.
- be accurate (where it states facts);
- be genuinely held (where it states opinions);
- comply with all applicable laws;
- not infringe any third party intellectual property right;
- not be likely to deceive any person;
- not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- have the consent of any person to whom it relates; and
- not be defamatory, obscene, offensive, inappropriate, socially unacceptable or fraudulent.
You represent and warrant on an ongoing basis that Your Content complies with the above criteria.
We will not be responsible, or liable to any third party, in respect of Your Content.
Third Party Content
We do not control, endorse or have rights in, and we are not responsible for Third Party Content.
You bear all risks associated with your access to, use of and reliance on Third Party Content.
Any Third Party Content made accessible by us is provided on an ‘as-is’ and ‘as available’ basis without any express or implied representation, warranty or guarantee of any kind.
Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content.
We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.
We reserve the right to take remedial action if any such content violates applicable restrictions under these terms, including the removal of, or disablement of access to, such content.
Use of subcontractors
We may subcontract parts of the Services to our affiliates and use third party suppliers to support the delivery of the Services.
Termination or suspension by us
Site Supervisor may, on one months’ notice, terminate this Agreement and your access to sitesupervisor.comTM for convenience.
Further, Site Supervisor may in its sole discretion immediately suspend or terminate your right to use or access all or any part of the sitesupervisor.comTM at any time if You or Your User violates or breaches these terms or You become subject to any form of insolvency administration.
Upon termination or suspension, Site Supervisor is under no obligation to make Your Content available to You or to any other person but may in its sole discretion do so.
Likewise, You understand and acknowledge that Third Party Content may cease to be available or accessible following the termination or expiration of the relevant accounts.
Further, on the suspension or termination or expiry of the account which added You as a User, your right to use sitesupervisor.comTM shall automatically terminate.
To avoid doubt, Site Supervisor’s licence to use Your User Content shall continue notwithstanding termination.
Except as otherwise required by law, sitesupervisor.comTM is provided ‘as is’ and ‘as available’ without any express or implied representation, warranty or guarantee of any kind.
It is a condition of accessing sitesupervisor.comTM that You accept and agree we shall not be liable for any harmful effects from accessing or using sitesupervisor.comTM , and that You access and use sitesupervisor.comTM entirely at your own risk.
Except as otherwise required by law, we make no representations, and give no warranties or guarantees, express or implied, in respect of, and accept no responsibility for:
- sitesupervisor.comTM being unavailable for any periods of time;
- sitesupervisor.comTM being reliable, free from defects, accurate, up to date, secure or suitable for your purposes or any other purpose;
- any content on sitesupervisor.comTM being reliable, free from defects, accurate, up to date, secure or suitable for your purposes;
- any third party services you use to access sitesupervisor.comTM or access from sitesupervisor.comTM.
We are not responsible for failure to fulfil our obligations due to causes beyond our control.
Limitation of liability
You agree that, to the maximum extent permitted by law, We and our related entities, directors, officers and agents are not liable to You or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in connection with:
- your use of sitesupervisor.comTM;
- your reliance on anything contained in or omitted from sitesupervisor.comTM;
- you being unable to access sitesupervisor.comTM for any reason (including our negligence);
- the acts or omissions of any other User; or
- the failure of the sitesupervisor.comTM for whatever reason (including our negligence).
To the maximum extent permitted by law, our maximum liability for all claims related to sitesupervisor.comTM, and the use thereof by You and Your Users, will be the lesser of an amount not exceeding the amount paid to us in respect of your Account in the 12 month period preceding your claim and $10,000. This limit applies collectively to Us and our related entities, directors, officers and agents. We will not be liable for direct, special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim against Us or any of our related entities, directors, officers and agents arising out of or related to your or Your Users’ use of sitesupervisor.comTM more than three years after the cause of action arose.
To the maximum extent permitted at law, 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:
- any breach or non-observance of any of these terms;
- any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties;
- any person’s reliance on representations You make using sitesupervisor.comTM.
- If You have any non-excludable statutory rights You acknowledge and agree that such terms shall be included in this agreement but shall be limited to the maximum extent permitted by law in our sole discretion; and
- if any part of these terms are deemed to be invalid, void or unenforceable then that part will be severed from these terms and all parts which are not deemed to be invalid, void or unenforceable will remain in full force and effect.
All fees applicable to this Agreement are payable by the applicable Subscription Account holder.
No assignment or transfer
You may not assign, subcontract or otherwise transfer your rights to any person without our written consent.
We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing You with reasonable notice in writing.
All notices must be in writing. We will send notices to You to the email address specified in your Account settings. You must send notices to the email address firstname.lastname@example.org and to the attention of “Customer Service Manager”. The parties consent to the use of electronic means for communications as constituting written communication.
Any failure by Us to assert any right under these Terms shall not constitute a waiver of such right. If We waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
These Terms are governed by the laws of Victoria, Australia.. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by firstly mediation and if same fails arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The venue of the arbitration shall be Melbourne.
Us means Site Supervisor Australia Pty Ltd.
In this Agreement, unless inconsistent with the context: Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities. Words denoting the singular number shall include the plural number and vice versa. Words denoting any gender shall include all other genders. A reference to a statute or a regulation also refers to any statute or regulation amending, or consolidating or re-enacting same. A reference to “includes”, “including” or “inclusive” is to be construed as being a reference to “includes, without limitation”, “including, without limitation”, and “inclusive, without limitation” respectively. Headings used in this Agreement are for convenience and ease of reference only, and are not part of this Agreement and shall not be relevant or affect the meaning or interpretation of this Agreement. Every obligation, covenant, agreement, condition express or implied in this Agreement and entered into by more than one party shall bind them jointly and each of them severally. A provision of this Agreement shall not be construed adversely to the Party that drafted it. If any provision or part provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision or part provision which shall be deemed deleted. No remedy, expressly granted to Site Supervisor excludes or shall be deemed to exclude or modify any other right or remedy which would otherwise be available to Site Supervisor.