Onside Limited (“Onside”, “we”, “us” or “our”) has developed a health and safety related application (App) that is designed to assist the management of health and safety issues on outdoor worksites. These terms and conditions (Terms) apply to your use of this website (Website) and the App. By using the Website and/or the App, you agree to be bound by these terms and conditions. If you do not accept these Terms, you must refrain from using both the Website and the App.
We reserve the right to change these Terms (Amendments) at any time. Any Amendments will be posted on the Website (and the “last updated” date will be updated). By continuing to access the Website and the App you agree to be bound by the Amendments. We recommend you regularly review this page to see any updates or changes to our Terms.
The price and payment terms for Onside services appears on your contract. Payments can be made either by direct transfer or credit card.
Following the issue of the first invoice, Onside will continue to issue invoices to you for the fees on the basis defined in the contract. All fees and prices contained in the invoice are payable 14 days from the date the invoice is raised, unless otherwise stated in the contract. You agree to pay the fees in the manner specified in the invoice or as otherwise listed on the website.
All payments are non-refundable. If you aren’t able to satisfy your payment obligations within 30 days of your invoice due date, we have the right to charge a late fee and/or suspend or terminate access to the services.
Onside reserves the right to review the use of its services and invoice for the use of any services being used by you and not currently being paid for.
Term and termination
Onside will provide services from the date of signature or date of contract (whichever is the latter). The term of service is indicated at the end of each line item on the contract.
To make renewal as easy as possible, this agreement includes an automatic renewal of services. This is to ensure you have continued access to services if, for whatever reason, we are unable to reach you towards the end of your subscription. Unless you cancel your next term at least 60 days prior to your subscription end date, this agreement will automatically renew for the same subscription length at our then standard price.
If we don’t receive your written cancellation at least 60 days before the end of the term in this agreement, you agree to the renewal.
By accessing the Website and/or the App you agree that:
- neither Onside nor any of its directors, employees, contractors or other personnel are responsible in any way for your health and safety while on a worksite or elsewhere;
- the App and the Website and the information on each are no substitute for your own care and efforts for your own health and safety and the health and safety of others;
- you will take all practicable steps to look after your own health and safety, and the health and safety of your employees, contractors, invitees and others on each worksite and other workplace; and
- you will not:
- use the Website or the App for any unlawful purpose;
- take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Website or the App, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful; or
- use the Website or the App other than for the purpose of managing health and safety issues on outdoor worksites.
Information provided “as is”
The team at Onside have worked hard to ensure that this Website and the App provides an appropriate forum for risks and health and safety information to be collated. Onside does not however:
- warrant the accuracy, reliability, adequacy, completeness or fitness for purpose of any data or information displayed on the Website or the App;
- undertake to keep the Website or the App updated;
- accept responsibility for the content or privacy practices of any third-party websites or applications that may be linked to the Website or the App; or
- accept any liability for any promise, warranty or representation given by any third party during any sales, marketing, on-boarding, set-up or training received by you.
You acknowledge that the Website and the App (and the information and data displayed thereon):
- are provided for guidance and informational purposes only and are subject to change;
- should not be considered complete, nor should they be solely relied on for the management of health and safety issues on outdoor worksites; and
- are not intended as a substitute for, nor do they replace, your own health and safety records.
To the maximum extent permitted by law, we will not be responsible or liable to you or any other person for any loss or damage:
- in relation to your access and use of the Website or the App, including if the Website or the App is unavailable (in whole or part) or performing slowly;
- in connection with any errors, omissions or misstatements in any information or data on the Website or the App;
This exclusion applies regardless of whether our responsibility or liability arises in contract, tort (including negligence), statute or otherwise and for any loss or damage however caused (including direct, indirect, incidental, special or consequential loss or damage).
You will defend and indemnify Onside and its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Onside arising from or, in connection with, any breach by you of these Terms and/or your use of the Website or the App.
You acknowledge and agree that Onside owns all intellectual property rights in and to the Website and the App. Except as expressly stated in these Terms, these Terms do not grant you any intellectual property rights in or to, or any other rights or licences in respect of, the Website or the App or the information and data contained thereon. Onside grants you a non-exclusive, non-transferable, irrevocable licence to use and access:
- the Website and/or the App; and
- the data and information displayed on the Website and the App for as long as you access the Website and/or the App,
for your own internal business purposes in accordance with these Terms.
We acknowledge and agree that you own the intellectual property rights in, and are solely responsible for the legality, reliability, integrity, accuracy and quality of any data inputted to the App or the Website by you or any third parties nominated by you (“Your Data”).
Our use and disclosure of Your Data
You grant to Onside a non-exclusive right to use Your Data:
- to provide the Website and the App to you, including (without limit) to facilitate your compliance with your legal and regulatory health and safety obligations;
- to facilitate and ensure Onside’s compliance with its legal and regulatory obligations; and
- as otherwise expressly permitted by you.
You acknowledge that in using the App and/or the Website, you become part of a community of users (“Onside Community”). The Onside Community benefits from pooled information collected via the Website and/or the App. You will have access to that pooled information where it relates to you and Your Data will become part of that pool. Where you wish to cease using the Website and the App, then we will no longer collect Your Data. Historical information (including Your Data) will continue to be held by Onside where it also relates to other active members of the Onside Community.
We may disclose Your Data to our related companies and our third party service providers only for the purposes set out above. We may also disclose Your Data to any regulatory agency only if:
- you have expressly consented to such disclosure;
- we are legally required to do so.
Apple Inc. software licence (for iPhone or other Apple mobile device users)
You acknowledge that these Terms are between us and you, and not Apple Inc. You are given a revocable, non-transferable and non-exclusive license to use the App (including any updates to it) on your mobile device in accordance with these terms and conditions and the Apple Usage Rules in the App Store Terms of Service.
In the event that any failure of the App to conform to any applicable warranty (whether under New Zealand consumer law or otherwise), Apple will refund the purchase price (if any) for the App, however, subject to these terms and conditions, we are solely responsible for the App, and Apple Inc. is not responsible for the App in any way. To the maximum extent permitted by law, Apple Inc. has no warranty obligations whatsoever with respect to the App. You agree that we, and not Apple Inc., are responsible for the following things:
- the content of the App;
- addressing any claims by you or a third party in relation to the App, including but not limited to product liability claims, claims that the App fails to confirm to legal or regulatory requirements or consumer protection claims;
- investigating any claim that the App breaches third party intellectual property rights, and for defending, settling or discharging such claim; and
- maintenance and support services for the App.
Any questions, complaints or claims with respect to the App should be directed to us at the following address: [[email protected]].
You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.
You acknowledge and agree that:
- Apple Inc. and its subsidiaries are third party beneficiaries of these terms and conditions and that Apple Inc. has the right to (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary; and
- ‘iPhone’ and the ‘App Store’ are trademarks of Apple Inc., registered in the U.S. and other countries.
These Terms were last updated on 17 March 2020.