Terms & Conditions
Welcome to the BuildaSWMS website, which is provided to you by BUILD A SWMS PTY LTD trading as BuildaSWMS (ABN 637 237 480) (“BuildaSWMS”, “we”, “us”, “our”).
Your use of this website is governed by the policies, terms, and conditions (“Terms”) set out below, so please read them carefully.
These Terms, together with any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and BuildaSWMS, in respect of your use of the website and any purchase of a Safe Work Method Statement (“SWMS”) template or any other goods from BuildaSWMS (“Goods”) made through the website.
Your use of this website indicates your acceptance of these Terms and any other applicable policy. To the extent that any inconsistency arises between these Terms and a separate policy in relation to the supply or return of goods that is published on our website, that policy will apply. These Terms will otherwise supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our website (“Order”), whether or not such terms or conditions are signed by BuildaSWMS.
BuildaSWMS reserves the right to make changes to this website and these Terms at any time. By ordering or registering on any of our websites you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting us through our “Contact Us” page on our website.
YOUR USE OF THIS WEBSITE
You are free to simply browse our website to learn more about us and what we do. You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it.
Whether or not you register for an account, you must not (without BuildaSWMS’ express permission):
post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent, or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable;
restrict or stop other users from using or enjoying this website;
access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;
use or attempt to use any material published on the website to create any other website or publication;
transfer or sell any information, functionality, or products or services made available on or through the website, or represent that you are entitled to do so;
pretend that you are or represent someone else;
probe, scan, or test our website or any related system or network for the purpose of breaching security or authentication measures or interrupting access or functionality;
track or monitor any content, user, or website functionality; or
impose an unreasonable load on our systems or networks.
If we believe that you have not complied with these Terms or any other agreement with BuildaSWMS at any time, we may immediately cancel any Order, terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
If you wish to buy Goods, you may first be required to create an account on our website on behalf of your company or business.
You are responsible for your use of this website, and you must not give your account details to anyone else. If someone else accesses this website using your account details, then you are also responsible for use of the website by that person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify BuildaSWMS immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer (except where the unauthorised use or access was outside your reasonable control).
Nothing in these Terms affects the ownership of any words, images, or other materials that you post or submit to the website or otherwise provide to us, or post to a public forum or social media channel in connection with us, an Order, or Goods (“Content”), if any. By providing Content to us, you:
represent that any information comprising the Content is true and correct and acknowledge that BuildaSWMS will rely on that information in entering into any agreement with you;
promise that you own or have the right to use any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and
you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the BuildaSWMS business, including providing goods and/or services to you.
We may edit, modify, delete, remove or take down any Content within our possession or control that we believe (in our sole discretion) is in breach of these Terms or is otherwise unlawful, without notice to you and without us incurring any liability. We are under no obligation to monitor or moderate any Content. The opinions expressed in any Content are the opinions of the provider of that Content and do not constitute opinions of or representations made by BuildaSWMS.
Subject to clause 5, the following terms apply:
The website and everything on this website (excluding your Content) is either owned by us or is licensed to us. This includes: (i) the design, compilation and look and feel of this website; (ii) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website; (iii) all intellectual property rights subsisting in the Goods; and (iv) all other trade marks, logos, business names, or domain names used in connection with the website and our business (unless otherwise stated) (Together, “BuildaSWMS IP”).
Subject to your compliance with these terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download the BuildaSWMS IP only for the limited purpose of accessing and using our website, including communicating with us and buying our Goods or services.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use the BuildaSWMS IP in any way not expressly permitted in these Terms (or otherwise allowed by law). All rights in the BuildaSWMS IP are strictly reserved to BuildaSWMS and its licensors and nothing in these Terms creates an assignment in respect of the BuildaSWMS IP.
USE OF THE GOODS
Subject to your compliance with these terms, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free licence to use, modify and reproduce the BuildaSWMS IP in the Goods only for your internal business purposes (not for resale or resupply) within Australia and subject to any other conditions notified by BuildaSWMS from time to time.
If your Order includes a SWMS, in editable form, you are solely responsible for any edits or modifications that you make to the SWMS (including any consequential changes to meaning or effect of that SWMS), which must only be used in accordance with these Terms.
If there is a copyright notice or other intellectual property statement in the Goods, those cannot be removed or altered for any purpose.
Your request to download a SWMS or order of any other Goods through our website will constitute an Order. A contract will not be formed between BuildaSWMS and you for the purchase of Goods until you receive an email from us with a link to download the SWMS, or any other email from us confirming your Order. BuildaSWMS reserves the right to, by written notice to you at any time after receipt of your Order, decline your Order for any reason or supply less than the quantity of Goods ordered.
PRICING & PAYMENT
Prices on the website (Prices) are subject to change without notice to you. You agree to pay BuildaSWMS the Prices as quoted at the time of Order, which will be charged to your nominated method of payment (where valid and accepted).
Prices quoted are in Australian Dollars. You acknowledge and agree that all credit cards will be charged in Australian Dollars and the prices confirmed at the time of Order are inclusive of GST and applicable taxes, fees, and charges unless otherwise notified to you prior to purchase.
In the event that a product is listed on our website at an incorrect Price or with incorrect information due to typographical error or error in pricing or product information, BuildaSWMS shall have the right to refuse or cancel any Orders placed for such products (including if such Orders have been confirmed or payment of the Price has been processed).
If your payment has already been processed and your Order is cancelled, BuildaSWMS will issue a credit to your account in the amount of the Order.
To the maximum extent permissible by law, all payments for Goods are otherwise non-refundable upon receipt of the Goods.
DELIVERY AND CONTACT DETAILS
You must provide an email address for your Order. In the event that an incorrect email address was entered, or if you do not otherwise receive the email within 48 hours of your Order, you must contact BuildaSWMS through our “Contact Us” page on our website to confirm the correct email address to receive your Goods. BuildaSWMS takes no responsibility for Orders delivered to the email address provided by you that is incorrect or invalid and is not liable for any loss, cost, expense, or damage arising from an Order being delivered to such an email address.
Any personal information you provide to BuildaSWMS will be collected, used, stored, and disclosed for the purpose of processing your Orders, providing information about our products or services, and communicating with you as a member of the BuildaSWMS customer community and otherwise in accordance with applicable law.
TITLE AND RISK
Risk in the Goods will pass to you once you have received the email confirmation.
Title in the Goods will remain with BuildaSWMS and pass to you only on payment of the Price, as well as all other amounts owing to BuildaSWMS by you, in full. You will hold the Goods (including where they have been converted or changed by any process) as bailee and agent for BuildaSWMS unless and until payment in full is received.
CHANGE & ACCESS
BuildaSWMS does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.
The website will usually be available 24 hours a day, seven days a week. Sometimes, however, the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.
You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please contact us through our “Contact Us” page on our website.
This website may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that BuildaSWMS endorses the products or services that are provided by that website. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.
BuildaSWMS provides SWMS and other documents as templates only. These templates do not constitute advice and are not accompanied by, nor do they contain, instructions or directions in respect of training, implementation or use of the templates. You should seek independent advice before using or applying the templates to ensure that they are suitable for your needs. You may acquire such services from us or a related entity of BuildaSWMS but those services will only be provided under a separate agreement.
BuildsaSWMS does not warrant that the templates will be acceptable by all businesses’ internal standards and policies and is not liable for any principal, contractor or any other person rejecting a SWMS or other template. Failure to complete the template having regard to the applicable WHS/OHS legislation and specific work environment and work activities conducted may result in the template failing to meet the requirements of the applicable WHS/OHS legislation.
BuildaSWMS is not responsible for updating the templates you have purchased or communicating any legislative changes to you that may impact those templates. You are solely responsible for amending and updated the templates, once acquired by you, to ensure it remains current, relevant and compliant with legislation, regulations and industry guidelines.
In addition to the above, you acknowledge and agree that:
The SWMS is a template document that is prepared for general use to assist principal contractors and subcontractors develop and produce their own SWMS and does not constitute specific advice.
A generic SWMS used at different workplaces may not meet the requirements of the applicable WHS/OHS laws unless it has first been reviewed to take into account the hazards and risks at the specific workplace and amended as necessary.
The SWMS should be completed by persons with expertise and knowledge of the risks, site and environmental conditions and the works and/or activities being conducted.
Failure to develop SWMS having regard to the applicable legislation and the site work environment and specific work activities conducted may result in the SWMS not satisfying the requirements of the applicable WHS/OHS laws.
The SWMS should be reviewed and revised as required if the measures put in place to control risks to health and safety are revised and where there is any change in the nature of the work environment or work activities.
OUR LIABILITY TO YOU
To the maximum extent permitted by law, all conditions, rights, remedies, liabilities and other terms implied by law are excluded from these Terms and we are not liable for any loss, cost, damage, or claim suffered, incurred, or accrued by you or any other person and arising out of the use of this website or any of its content.
We do not promise that the content on this website (or your access to it) will be uninterrupted or error-free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
BuildaSWMS and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any Goods.
Subject to the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) and any other non-excludable term implied by law, this website and all of BuildaSWMS’ Goods and services are provided on an "as is" basis without warranties of any kind (save as expressly provided by us in writing), and BuildaSWMS excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services advertised or offered for sale via the website. To the maximum extent permitted by law, where any liability of BuildaSWMS cannot be excluded, we limit that liability (at our election):
in respect of any damaged or defective Goods or services provided to you by BuildaSWMS to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by BUILDASWMS; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and
otherwise, to payment of the minimum amount permitted by law,
YOUR LIABILITY TO US
You acknowledge and agree that you are liable and solely responsible for:
your use of, and any other person that you authorise to use, the website, the SWMS and any other Goods;
ensuring that all your workers are consulted and involved in the development and review of each SWMS or other relevant templates;
ensuring that all your workers are inducted into the SWMS, or other relevant templates, prior to works commencing;
any Content you submit via the website;
your breach of any person’s intellectual property rights (including those of BuildaSWMS or its manufacturers and suppliers);
your breach of these Terms or any other agreement with us; and
your breach of any applicable law.
In addition to the above, you acknowledge and agree that you are solely responsible for ensuring that the SWMS, or other templates supplied by BuildaSWMS, are completed by persons with expertise and knowledge of the specific risks, site and environmental conditions and the works/ activities being conducted.
You agree to indemnify BuildaSWMS (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“Indemnified Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (g) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of Goods only and may be used one time only unless otherwise stated.
One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
Promotions do not apply to gift certificates, GST or duties or similar services.
Promotions do not apply to shipping unless expressly stated otherwise.
Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.
For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.
For Promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.
If Goods were purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.
Promotional items are available only while supplies last; BuildaSWMS does not issue rain-checks for items that run out of stock.
BuildaSWMS, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.
BuildaSWMS has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.
Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.
By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.
We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way. If you read something in these Terms that you are not sure about, then please seek independent advice.
These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.
Please feel free to through our ‘Contact Us’ page on our website if you have any questions about these Terms.
Last updated: May 2020