INDUCTION & COMPLIANCE MADE EASY

Legal & terms

Terms and Conditions

These Terms and Conditions govern access to and use of the Induct For Work website, platform and services in Australia.

Terms of use / service

01

Definitions

In these Terms and Conditions, unless expressed or implied to the contrary:

Induct For Work, Company, Us or We
means INDUCT FOR WORK PTY. LTD. (Australia) ABN 49 164 860 986 of 1/1142 North Road, Oakleigh South VIC 3167, Australia. We are the owners of the Website and the Service.
Website
means www.inductforwork.com.au.
Customer or You
means any corporate or individual employer, head contractor or other entity that registers for, subscribes to, purchases or uses a Service from us, including a Customer using a Free account.
Inductee
means an employee, contractor, subcontractor, agent or servant of the Customer nominated by the Customer for an induction using the Website.
Persons
includes a firm, partnership, joint venture, association, corporation or other body. A person includes their legal personal representatives, successors and permitted assigns.
Service
means any service registered for, purchased or otherwise made available by us and provided via the Website to Users.
User
means you and any person who accesses the Website or uses the Service, including a contractor, employee or member of yours. References to bodies that no longer exist include their lawful successors.
02

Interpretation

  • References to terms or documents include variations or replacements.
  • References to clauses, schedules or annexures are part of these Terms.
  • “Writing” includes legible and permanent electronic formats.
  • Headings are for convenience only.
  • “Including” means including without limitation.
03

Fees and Payments

3.1 General Fees

All prices are quoted in Australian Dollars and are exclusive of GST. You are responsible for all applicable taxes and charges. Payments for Services are made in advance monthly, six monthly, annually or by approved 14 or 30-day accounts, by credit card or other authorised means. Stripe.com stores payment details to process transactions.

3.2 Late or Failed Payments

If fees remain unpaid after the due date, an administrative charge of $25 + GST may be applied. We may attempt to charge any stored payment method and recover outstanding amounts through debt recovery or legal action.

While any amount remains overdue, we may suspend access to the Services until all overdue amounts are paid or a payment arrangement is agreed by us in writing.

If an account remains unpaid for more than thirty (30) days, we may terminate the account and delete account data and associated records in accordance with clause 6 and the Data Processing Agreement without further notice unless a payment arrangement has been agreed by us in writing.

Suspension or termination for non-payment does not affect any outstanding payment obligation or any provision that is intended to survive termination.

3.3 Renewal Policy

All Services renew automatically on a month-to-month, six-monthly or annual prepaid basis unless cancelled. We may attempt multiple charges if an initial payment fails. Renewal remains your responsibility even if a payment method is on file.

3.4 Purchase Orders

We do not accept Purchase Orders from customers. We may offer approved 14 or 30-day accounts. We do not accept or agree to any terms and conditions printed on or associated with Customer Purchase Orders unless expressly agreed in writing by us. Only the terms set out in these Terms and Conditions apply.

04

Intellectual Property

As between Induct For Work and the Customer, all rights, title and interest in and to the Service, including the Website, underlying software and source code, application programming interfaces (APIs), databases and their structure, algorithms, designs, user interface, layouts, documentation, training materials, know-how, trademarks, logos and all other related content and materials (together, the Induct For Work Materials) are and remain the exclusive property of Induct For Work. No ownership rights are assigned or transferred to the Customer under these Terms.

Subject to the Customer’s timely payment of all fees and continued compliance with these Terms, Induct For Work grants the Customer a limited, non-exclusive, non-transferable and revocable licence, without the right to sublicense, to access and use the Service and the Induct For Work Materials solely for the Customer’s internal business purposes during the applicable subscription term.

As between the parties, the Customer owns all data, files, documents, text, images and other content that the Customer or its Users upload to or create within the Service (Customer Data).

The Customer grants Induct For Work a worldwide, non-exclusive and royalty-free licence for the duration of the subscription and any applicable data-retention period to host, store, reproduce, transmit, display, back up and otherwise process Customer Data as reasonably necessary to provide, maintain, secure and support the Service, comply with law and perform analytics or product improvement using aggregated or de-identified information that does not identify the Customer or any individual.

Unless the parties expressly agree in writing to a different allocation of ownership, any configurations, integrations, customisations, enhancements, modifications, bug fixes, new features or other works that Induct For Work creates in connection with providing or improving the Service, whether or not suggested, specified or funded by the Customer, will be deemed part of the Induct For Work Materials and owned solely by Induct For Work. The Customer retains all rights in its pre-existing materials and branding used in such work.

If the Customer or any User provides ideas, suggestions, requests, feedback or recommendations relating to the Service or the Induct For Work Materials (collectively, Feedback), the Customer grants Induct For Work a perpetual, irrevocable, worldwide and royalty-free licence to use, copy, modify and exploit that Feedback for any purpose without restriction or obligation of any kind.

Each party retains all rights in its own names, trademarks and logos. Nothing in these Terms grants either party any right to use the other party’s trademarks for any purpose except that Induct For Work may use the Customer’s name and logo in customer lists and general marketing materials unless and until the Customer asks Induct For Work in writing to stop.

The Service may include or interoperate with third-party software, content or open-source components that are licensed on separate terms. The Customer’s rights are subject to those terms and the Customer acquires no ownership interest in third-party intellectual property.

Except as expressly permitted in these Terms or by applicable law, the Customer must not and must not permit any third party to:

  • copy, modify, adapt, translate, create derivative works of, frame, mirror or otherwise reproduce any part of the Induct For Work Materials;
  • reverse engineer, decompile or attempt to extract the source code of the Service;
  • remove or alter proprietary notices;
  • sublicense or resell the Service;
  • provide the Service to third parties on a service-bureau or timesharing basis; or
  • use the Service to build a competing product or service.

If Induct For Work receives a claim or notice alleging that the Service or any Customer Data infringes or misappropriates a third party’s intellectual property rights, Induct For Work may in its reasonable discretion remove or disable access to the allegedly infringing material, request that the Customer promptly modify, replace or delete the relevant Customer Data and, if necessary, suspend or terminate access to the affected portion of the Service.

The Customer remains responsible for any such Customer Data and will defend and indemnify Induct For Work from any claim arising from Customer Data, the Customer’s trademarks or the Customer’s use of the Service in breach of these Terms.

The ownership, licence, restriction, indemnity and limitation provisions in this clause survive any expiry or termination of the Agreement or the Customer’s access to the Service. Website content is owned or licensed by us and is protected by the Copyright Act 1968 (Cth) and applicable international laws.

Customer is responsible for ensuring that Customer Data and its use of the Service comply with applicable laws. Induct For Work may remove or restrict access to content that is established to breach law or these Terms.

Account suspension, termination, retention and deletion are governed by clause 6 and, where Customer Personal Information is involved, the Data Processing Agreement.

Customer is responsible for maintaining any backups it requires.

05

Access and Use

5.1 Eligibility

The Website and Services are intended for users and organisations in Australia that are legally capable of entering into binding agreements.

Use of the Website or Services from outside Australia is at the user’s own risk and Induct For Work does not represent that the Services or Website content comply with the laws of another jurisdiction.

We may restrict or terminate access for breaches of these Terms, invalid information, improper use or other circumstances permitted under these Terms.

5.2 Personal Information and Data Processing Agreement

In order to register for, purchase or use our Services, Customer and Users may be required to provide Personal Information.

Personal Information has the meaning given in our Privacy Policy and applicable Australian privacy laws. Our Privacy Policy explains how Induct For Work collects, holds, uses, discloses and protects Personal Information.

Where Induct For Work handles Customer Personal Information in connection with providing the Services, that relationship is also governed by the Induct For Work Data Processing Agreement (DPA), which forms part of these Terms.

The DPA applies whenever Induct For Work processes or retains Customer Personal Information in connection with the Services.

The Privacy Policy, DPA and other public privacy and security information are available through the Induct For Work Legal Centre.

5.3 Account Credentials and Login Security

Each User account is personal to the individual to whom it is assigned.

Customer and Users must not share, disclose, transfer or permit another person to use any username, password, one-time code, multi-factor authentication code, authentication link, session token or other login or access credential for the Service.

Customer must ensure that its Users keep login credentials confidential and take reasonable steps to prevent unauthorised access. If Customer or a User knows or reasonably suspects that login credentials have been disclosed, compromised or used by another person, Customer must ensure that the affected credentials are changed or reset promptly and must notify Induct For Work where the security of the Service or Customer account may be affected.

Sharing login credentials or allowing more than one person to use an account assigned to an individual is a breach of these Terms. Induct For Work may restrict, suspend or terminate affected access where credential sharing is detected or reasonably suspected.

Customer is responsible for activity carried out through its User accounts and login credentials except to the extent that the activity results directly from a security breach caused by Induct For Work.

06

Account Management

6.1 Suspension and Termination

We may suspend or terminate an account where permitted by these Terms including for non-payment, breach of these Terms, improper or unlawful use, invalid or materially inaccurate account information, security concerns, prolonged inactivity or other circumstances where suspension or termination is reasonably necessary to protect the Service, Induct For Work, Users or third parties.

6.2 Free Accounts

If a Customer using a Free account does not log in to or otherwise use the Service for more than three (3) consecutive months, Induct For Work may permanently delete the Free account and associated data, content, records and user information without notice.

6.3 Other Inactive Accounts

For accounts other than Free accounts, Induct For Work may suspend or terminate an account and delete associated data where the account has been cancelled or remains inactive for six (6) months or more.

6.4 Unpaid Accounts

Where an account remains unpaid for more than thirty (30) days, Induct For Work may terminate the account and delete associated data and records in accordance with clause 3.2.

6.5 Customer Responsibility for Data

Customer is responsible for exporting or maintaining any Customer Data it wishes to retain before access ends.

Following termination, cancellation or expiry, active account data may be deleted within approximately 24–48 hours or another period reasonably determined under Induct For Work’s normal retention and deletion procedures.

Different retention periods may apply to backups, archives, disaster-recovery systems and information that Induct For Work is required or permitted by law to retain.

Customer Personal Information will remain protected in accordance with the DPA for as long as Induct For Work continues to retain or process that information.

6.6 Account Management Services

If Customer requests that Induct For Work access its account for any reason, including updating induction content, text, images or other account material, a minimum account management fee of $60 + GST may apply.

Additional time may be billed in 15-minute increments at Induct For Work’s current account management or support hourly rate applicable at the time the services are provided.

6.7 Support for Free Accounts

Free accounts do not include complimentary customer support, onboarding, account management, configuration assistance or content assistance.

Any support request made in connection with a Free account will be treated as a billable support request. A support fee of $60 + GST applies to each support request, plus any time spent providing assistance charged at Induct For Work’s current hourly support or account management rate applicable at the time the support is provided.

Support charges may apply to assistance provided by email, telephone, remote access or any other method.

Induct For Work may require acceptance of the applicable charges or payment in advance before commencing support for a Free account.

Access to self-service help material, system documentation and automated support resources does not constitute customer support and may be made available to Free account Users at Induct For Work’s discretion.

07

Changes to Terms

We may amend these Terms from time to time. Notice of amendments may be published on our Website or sent to Customer’s registered email address.

Continued use of the Services after an amendment takes effect constitutes acceptance of the revised Terms.

A Customer that does not agree with an amendment may terminate its agreement in writing subject to payment of all outstanding amounts.

08

Cancellation Policy

Customer may cancel a subscription at any time by emailing info@inductforwork.com.au.

Unless otherwise agreed in writing, cancellation takes effect at the end of the current billing period and Customer retains authorised access until the applicable billing anniversary date.

Customer is responsible for exporting or downloading any Customer Data it wishes to retain before authorised access ends.

After access ends, active account information may be deleted within approximately 24–48 hours or in accordance with the retention and deletion procedures set out in clause 6 and the DPA.

No refund is payable for any unused portion of a subscription period unless required by law.

09

Liability and Warranties

9.1 Consumer and Non-Excludable Rights

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

9.2 Limitation of Remedies

To the extent permitted by law, where liability for a condition, warranty or guarantee may lawfully be limited, Induct For Work may limit its liability at its option:

  • For Services: supplying the Services again or paying the reasonable cost of having the Services supplied again.
  • For goods where applicable: replacement, supply of equivalent goods, repair, payment of the cost of replacement or equivalent goods or payment of the reasonable cost of repair.

9.3 Aggregate Liability Cap

To the maximum extent permitted by law, Induct For Work’s total aggregate liability arising out of or relating to the Services, these Terms, the DPA or any other agreement incorporated into these Terms will not exceed the total fees actually paid by Customer to Induct For Work during the twelve (12) months immediately preceding the event giving rise to the claim.

Where Customer has used only a Free account and has paid no subscription fees during that twelve (12) month period, Induct For Work’s total aggregate liability will be AUD $0 to the maximum extent permitted by law.

The liability cap applies in aggregate to all claims arising from the same or related events and is not a separate cap for each claim, cause of action, agreement or affected person. This clause does not limit liability to the extent that such liability cannot lawfully be limited or excluded.

9.4 Excluded Losses

To the maximum extent permitted by law, Induct For Work is not liable for any special, incidental, indirect, exemplary or consequential loss including loss of profit, loss of revenue, loss of anticipated savings, business interruption, loss of business opportunity, loss of goodwill, loss of programs, loss of data, work delays, re-run time or replacement costs, whether arising in contract, tort including negligence, statute or otherwise and even where Induct For Work has been advised of the possibility of such loss.

9.5 Customer Responsibility

Customer is responsible for the legality of Customer’s activities, Customer Data, maintaining appropriate backups, configuration of the Services, authorised-user access, protecting login credentials, preventing account sharing, compliance with Customer’s own legal obligations and decisions made using information produced through the Services.

9.6 Service Availability

Induct For Work will use reasonable efforts to maintain the availability and security of the Services but does not guarantee that the Website or Services will be uninterrupted, error-free, completely secure or free from harmful components.

10

Indemnification

Customer indemnifies Induct For Work, its related entities, officers, employees and contractors against claims, losses, damages, liabilities, costs and reasonable expenses arising from or relating to:

  • Customer’s breach of these Terms;
  • unlawful use of the Services;
  • Customer Data;
  • Customer’s infringement of third-party rights;
  • Customer’s failure to obtain required authority, notices or consents relating to Customer Data; or
  • acts or omissions of Customer’s authorised Users,

except to the extent that the relevant loss was directly caused by the unlawful act or breach of Induct For Work.

Your responsibilities

Use the Website and Services lawfully, maintain appropriate backups, protect account access and login credentials, prevent account sharing and ensure Customer Data and submitted content comply with applicable laws and these Terms.

11

Severance

If any provision in these Terms is found to be unenforceable, it will be amended to become enforceable or severed without affecting the validity of other provisions.

12

Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts entitled to hear appeals from those courts.

13

Feedback and Communications

Feedback provided to us is non-confidential and we reserve the right to use feedback freely for any purpose without obligation.

14

External Links

We are not responsible for the content of third-party websites linked from our Website. Users access those links at their own risk.

15

Force Majeure

We are not liable for failing to meet obligations due to circumstances beyond our reasonable control including natural disasters, health emergencies, wars, civil disturbance, government action or third-party technical failures.

For further details email info@inductforwork.com.au.