Terms of Use

Welcome to My Safety Guru, an online Safety Management service designed especially for small businesses.

These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please make sure you read them carefully and seek advice if required.

These Terms of Use are binding on any use of the Service and apply to You from the time that My Safety Guru provides You with access to the Service.

The My Safety Guru Service will evolve over time based on user feedback or changes to legislative requirement. As such, these Terms are not intended to answer every question or address every issue raised by the use of the My Safety Guru Service.

My Safety Guru reserves the right to change these Terms of Use at any time, effective upon the posting of modified terms. My Safety Guru will make every effort to communicate these changes to You via email. It is likely the terms of use will change over time and it is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the My Safety Guru Service, You acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 01 July 2016

1. Definitions

"Agreement"
means these Terms of Use.

"Subscriber"
Means the individual, company or organisation that is registered to use My Safety Guru.

“Subscription”
Means Your particular agreement with My Safety Guru evidenced by these Terms including Your Online subscription Plan.

"Subscription Fee"
means the monthly fee (including any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which My Safety Guru may change from time to time on notice to You).

"Confidential Information"
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data"
means any data inputted by You or with Your authority into the Website.

"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Service"
means the online safety management services made available (as may be changed or updated from time to time by My Safety Guru) via the Website.

"Website"
means the Internet site at the domain www.mysafetyguru.co.nz or any other site operated by My Safety Guru.

"My Safety Guru"
means My Safety Guru Limited

"Invited User"
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.

"Subscriber"
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

"You"
means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

2. Use of My Safety Guru Software

My Safety Guru grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable NZ laws:

2.1 the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;

2.2 the Subscriber is responsible for all Invited Users’ use of the Service;

2.3 the Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

2.4 of there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

3. Your Obligations

3.1 Payment obligations
As a paying subscriber of our Services, your credit card will be charged the applicable subscription fee at the date and for the period agreed upon when signing up for the subscription. The charge will be for the applicable period of use following payment. We will continue charging your credit card until these Terms and Conditions are terminated in accordance with clause 7.

3.2 Preferential pricing or discounts
You may from time to time be offered preferential pricing or discounts for the Subscription Fees. This preferential pricing or discount will be credited to your credit card and/or your credit card may not be charged if you qualify for any free use of our Services.

3.3 General obligations
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by My Safety Guru or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

3.4 Access conditions
You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify My Safety Guru of any unauthorised use of Your passwords or any other breach of security. My Safety Guru will reset Your password and You must take all other actions that My Safety Guru reasonably deems necessary to maintain or enhance the security of My Safety Guru's computing systems and networks and Your access to the Services.

As a condition of these Terms, when accessing and using the Services, You must:

a) not attempt to undermine the security or integrity of My Safety Guru's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
b) not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
c) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
d) not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website

3.5 Usage Limitations
Use of the Service may be subject to limitations, as per your subscription.

3.6 Communication Conditions
As a condition of these Terms, if You use any communication tools available through the Website), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. My Safety Guru is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based application, You must exercise caution when using the communication tools available on the Website or application. My Safety Guru does reserve the right to remove any communication at any time in its sole discretion.

3.7 Indemnity
You indemnify My Safety Guru against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to My Safety Guru, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You.

 

4 Confidentiality and Privacy

4.1: Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law.

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

Each party's obligations under this clause will survive termination of these Terms.

The provisions of clause 4.1. shall not apply to any information which:
a) is or becomes public knowledge other than by a breach of this clause;
b) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
c) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
d) is independently developed without access to the Confidential Information.

4.2: Privacy
My Safety Guru maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at www.mysafetyguru.co.nz/privacy. You will be taken to have accepted that policy when You subscribe to My Safety Guru and consequently accept these Terms.

5 Intellectual Property

5.1 General
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of My Safety Guru (or its licensors).

5.2 Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the My Safety Guru Subscription Fee when due. You grant My Safety Guru a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

5.3 Backup of Data
You must maintain copies of all Data inputted into the Service. My Safety Guru adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. My Safety Guru expressly excludes liability for any loss of Data no matter how caused.

5.4 Third-party applications and your Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that My Safety Guru may allow the providers of those third-party applications to access Your Data as required for the inter-operation of such third-party applications with the Services. My Safety Guru shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

6 Warranties and Acknowledgements

6.1 Authority
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

6.2 Acknowledgement:

You acknowledge that:

a) You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).

b) My Safety Guru has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:

i. You are responsible for ensuring that You have the right to do so;
ii. You are responsible for authorising any person who is given access to information or Data, and you agree that My Safety Guru has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
iii. You will indemnify My Safety Guru against any claims or loss relating to:
• My Safety Guru's refusal to provide any person access to Your information or Data in accordance with these Terms,
• My Safety Guru’s making available information or Data to any person with Your authorisation.

c) The provision of, access to, and use of, the Services is on an "as is" basis and at Your own risk.

d) My Safety Guru does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. My Safety Guru is not in any way responsible for any such interference or prevention of Your access or use of the Services.

e) My Safety Guru is not Your Safety Consultant and use of the Services does not constitute the receipt of health and safety advice. If You have any health and safety questions, please contact WorkSafe

f) It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

g) You remain solely responsible for complying with the Health and Safety at Work Act and any applicable regulations or amendments. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

6.3 No warranties

My Safety Guru gives no warranty about the Services. Without limiting the foregoing, My Safety Guru does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

6.4 Consumer guarantees
You agree that You are acquiring the right to access and use My Safety Guru for business purposes and that the provisions of the Consumer Guarantees Act 1993 do not apply to My Safety Guru.

7 Limitation of Liability

To the maximum extent permitted by law, My Safety Guru excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.

8 Termination

8.1 Prepaid Subscriptions
My Safety Guru will not provide any refund for any remaining prepaid period for a prepaid subscription Fee.

8.2 No-fault termination
These Terms will continue for the period covered by the Subscription Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates this agreement giving 14 days’ notice.

8.3 Breach
If You:

• breach any of these Terms (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
• breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.1 or any payment of Subscription Fees that are more than 30 days overdue); or
• You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
My Safety Guru may take any or all of the following actions, at its sole discretion:
• Terminate this Agreement and Your use of the Services and the Website;
• Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
• Suspend or terminate access to all or any Data.
• Take either of the actions in the above clauses in respect of any or all other persons whom You have authorised to have access to Your information or Data.

For the avoidance of doubt, if payment of any invoice for Subscription Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations is not made in full by the relevant due date, My Safety Guru may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.

8.3Accrued Rights
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

  1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  2. immediately cease to use the Services and the Website.

 Expiry or termination:

Clauses 3.1, 3.3,3.6, 3.7 4, 5, 6, 7, 8, and 10 survive the expiry or termination of these Terms.

9 Help Desk

9.1 Technical Problems
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting My Safety Guru. If You still need technical help, please check the support provided online by My Safety Guru on the Website or failing that email us at support@mysafetyguru.co.nz

9.2 Service availability
Whilst My Safety Guru intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason My Safety Guru has to interrupt the Services for longer periods than My Safety Guru would normally expect, My Safety Guru will use reasonable endeavours to publish in advance details of such activity on the Website.

10 General

9.1 Entire agreement
These Terms, together with the My Safety Guru Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and My Safety Guru relating to the Services and the other matters dealt with in these Terms.

9.2 Waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

9.3 Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

9.4 No Assignment
You may not assign or transfer any rights to any other person without My Safety Guru's prior written consent.

9.5 Governing law and jurisdiction
These Terms and Conditions shall be interpreted in accordance with the laws of New Zealand and the Courts of New Zealand shall have exclusive jurisdiction to hear any dispute related to or arising out of these Terms and Conditions.

9.6 Severability
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

9.7 Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to My Safety Guru must be sent to support@mysafetyguru.co.nz or to any other email address notified by email to You by My Safety Guru. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

9.8 Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.