OnGuard Terms of Service

BY ACCESSING, USING OR DOWNLOADING THE SOFTWARE AND DOCUMENTATION ("OnGuard Safety product"), the PCBU (Person Conducting a Business or Undertaking), ORGANISATION, COMPANY or INDIVIDUAL AGREE TO THE TERMS OF THIS AGREEMENT, WHERE APPROPRIATE. IF THE TERMS OF THIS AGREEMENT ARE NOT AGREED TO, DO NOT ACCESS, USE OR DOWNLOAD THE OnGuard product.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.

This AGREEMENT is a legal agreement between an organisation, company, employer PCBU, officer, employee, worker, volunteer or others and OnGuard Safety Training P/L in, including its subsidiaries, affiliates and contractors acting on Our behalf (collectively "OnGuard", "Us", "We", or "Our") regarding the use of the OnGuard product. From time to time, We may in Our sole discretion update or modify the AGREEMENT.

BY AGREEING TO THIS AGREEMENT (ACCEPT), THE PCBU, ORGANISATION, COMPANY or INDIVIDUAL IS GRANTED LIMITED-TIME, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE ACCESS TO USE THE OnGuard product.

THE OnGuard product IS LICENSED TO THE PCBU, ORGANISATION, COMPANY or INDIVIDUAL, ON A SUBSCRIPTION BASIS FOR AN INITIAL ONE YEAR PERIOD ("INITIAL TERM") AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE YEAR PERIODS ("RENEWAL TERM") UNTIL TERMINATED. TERMINATION IS BY NOTIFICATION OnGuard Safety Training P/L, VIA EMAIL OR TELEPHONE, OF AN INTENT TO DISCONTINUE USE OF THE OnGuard product AND THEREFORE TERMINATION OF THE ACCOUNT.

PCBU, EMPLOYER, ORGANISATION Licence Payment

CONTINUED USE OF THE OnGuard product IS SUBJECT TO AND CONDITIONED UPON PAYMENT OF THE ANNUAL SUBSCRIPTION FEE.

NOTICE OF INTENT TO TERMINATE THE SUBSCRIPTION PRIOR, MUST BE MADE AT THE END OF EACH INITIAL OR RENEWAL TERM. DURING EACH RENEWAL TERM, ONCE A PAYMENT IS RECEIVED, SUCH FEE IS NON-REFUNDABLE AND NON-CANCELLABLE. IF THE SUBSCRIPTION IS TERMINATED OR PAYMENT IS NOT PROVIDED, THE OnGuard product WILL AUTOMATICALLY LOCKOUT AT THE END OF THE TERM AND WILL PROHIBIT USE OF THE OnGuard product UNTIL A RENEWAL SUBSCRIPTION FEE IS RECEIVED. The Teacher Licence fee is a once off fee that is fully transferrable and is not refundable.

Pricing Variations

We reserve the right to vary prices in the event of changes in exchange rates or price rises made by our software developers and server providers. If the cost of these services increases, we will need to increase the annual subscription accordingly. When notified by us of the subscription increase you may cancel your subscription with no cancellation fees. We are not liable in any way if any increase occurs. Prices quoted are appropriate to the particular products at the time of quoting. All prices are subject to availability and can be withdrawn or varied without notice.

Legacy Grandfather Accounts

OnGuard Safety has provided training resources in an online format utilising a Learning Management System since 2007. Legacy GRANDFATER account holders have enjoyed a long term, substantially discounted subscription for several years. From 1st AUGUST 2022 all Legacy Grandfather accounts (anniversary year 2007-2017) will increase - 12.5%.

Grant of licence – Terms of Use – Individuals in the Organisation

The OnGuard product is licensed to the PCBU, employer, organisation or individual. The licence must lawfully be acquired from Us, or Our authorised resellers otherwise the PCBU, employer, organisation or individual do not have a right to use the OnGuard product. The OnGuard product may include digital images, pictures, clip art, fonts, sounds, documents or other works ("Copyrighted Files"). The responsibilities and restrictions relating to the OnGuard product apply to the Copyrighted files. OnGuard Safety Training P/L reserves all rights not expressly granted in this AGREEMENT.

The initial subscription fee ('Software as a Service') is paid in advance and is valid for a period of 12 calendar months. Upon expiration of the 'Software as a Service' subscription fee the PCBU, employer, organisation or individual can "opt out" or cancel the licence subscription and the PCBU, employer, organisation or individual must discontinue using the OnGuard product.

Accounts will be emailed directly to the school contact annually as specified by the school. For the continuation of the 'Software as a Service' agreement, accounts will need to be finalised by the end of the 30 day invoice period. Unpaid accounts will automatically cease and will be placed into archive 30 days past the invoice due date.

All licence fees (Teacher and Administrator) will be forfeited should the account be placed into archive for more than 30 days i.e. 60 days past due.

Schools wishing to reactivate their account after this period will need to purchase new teacher licences.

'Grandfather' accounts (pre-2018 clients) will forfeit their status and discounted subscription. Renewal of their account will reflect current licensing and product costs without discount.

This is an unlimited - single site - licence and shall NOT be considered a "sale" of the OnGuard Safety product.

This non-exclusive unlimited site licence gives the PCBU, employer, organisation or individual the right to use and display the OnGuard product within their workplace only. OnGuard Safety Training P/L. he OnGuard Safety resources under licence to Bruce Lewis. The accompanying documentation and all intellectual property rights belong to Bruce Lewis. It is acknowledged that any additions or improvements suggested to OnGuard Safety Training P/L. remain the property of Bruce Lewis.

Rights of Use – PCBUs and Individual Users

You may not reproduce, resell, modify, reverse compile, adapt, decompile, reverse engineer, disassemble, assign, distribute, publish in any form or permit any other person to use or deal with the whole or part of any contents and/or data of the OnGuard product.

You may not modify or create derivative works based upon the OnGuard product.

You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the OnGuard product including data protection and privacy laws.

You agree that You will not use the OnGuard product in a way that is unlawful or that violates the rights of a third party. If We are sued or a claim is brought against Us by a third party due to (a) Your actions, (b) Your failure to act when required, or (c) Your content, then You agree to defend, indemnify and hold OnGuard Safety Training P/L harmless.

The annual subscription includes updates, bug fixes, feature enhancements or improvements, or other data relating to the OnGuard product.

Intellectual Property and Ownership

The OnGuard products are protected by Australian Intellectual Property laws and international treaty provisions. Therefore, PCBUs, employers, organisations or individuals may not distribute the OnGuard product without the permission of Bruce Lewis.

For backup or archival purposes only PCBUs, employers, organisations and individuals may make copies of their school’s OnGuard database.

If printed materials, digital or print copy of any user documentation, is downloaded from the OnGuard product, then PCBUs, employers, organisations or individuals may keep one (1) copy of the printed materials (or User Documentation) on a single digital storage device.

It is agreed that OnGuard Safety Training P/L, the OnGuard logos, and other OnGuard trademarks, service marks and graphics are trademarks of OnGuard Safety Training P/L.

PCBUs, employers, organisations or individuals are not granted a right to use marks without Our permission. PCBUs, employers, organisations or individuals will not remove, obscure or alter any proprietary or copyright notices affixed to or contained within the OnGuard product.

PCBUs, employers, organisations and individuals understand and agree that We have the right to stop selling, distributing, servicing or updating the OnGuard product (any part of it), and services or offerings at any time.

Support

OnGuard Safety Training P/L. will provide technical support (telephone and email only) related to the OnGuard product.

Usage Auditing and Privacy

Our audit and collection of any data and use of the OnGuard product is subject to Our Privacy Policy. We may audit Your OnGuard product usage for anti-piracy purposes, to verify a valid registration and to assess Your use of the OnGuard product.

PCBUs, employers, organisations or individuals consent to Us accessing usage data (e.g., the number of instances the OnGuard product is used hourly, daily, monthly), for registration authentication, and for use with anti-piracy auditing purposes.

PCBUs, employers, organisations or individuals consent to Us using the school or organisation name for purposes such as, but not limited to, product promotion, website advertisements, Company reports, statistical analysis and administrative reports/lists. From time to time, we reserve the right to publish client lists and distribute these lists to other clients.

The term client refers to PCBUs, employers, organisations or individuals name. We will not share such information with third party organisations. PCBUs, employers, organisations and individuals have an ongoing relationship with Our Company, and marketing is directly related to that relationship.

PCBUs, employers, organisations and individuals accept that the Spam Act 2003 and opt-out provisions are not applicable because of the inferred permission present.

Student and Teacher, Home and Student Addendum

If this OnGuard product is clearly used by Students, their use of this OnGuard product is governed by the terms of this AGREEMENT as modified by the paragraph below. In the event of any conflict between the terms of this AGREEMENT and the paragraph below, the paragraph below shall govern. PCBUs, employers, organisations or individuals may permit USE, at the same time, the OnGuard product in the Household of a Student.

Notwithstanding anything to the contrary in the AGREEMENT, PCBUs, employers, organisations or individuals may not (a) transfer or assign this OnGuard product to a third party; or (b) use this OnGuard product for any commercial purpose or in any commercial enterprise or business.

This OnGuard product may only be used for personal purposes in a non-commercial environment.

Restrictions

The OnGuard product and its entire contents is covered by Australian Copyright law. Title to the OnGuard product and all associated intellectual property rights is retained by Bruce Lewis.

Except as specifically authorised in the Supplemental Licence terms, PCBUs, employers, organisations or individuals may not make copies of the OnGuard product.

PCBUs, employers, organisations and individuals agree to advise OnGuard Safety Training P/L. in writing of any changes that PCBUs, employers, organisations or individuals make to any document.

PCBUs, employers, organisations and individuals further acknowledge that any such changes remain the property of Bruce Lewis.

Supplemental Licence

This OnGuard product must be treated like any other copyrighted material except that PCBUs, employers, organisations or individuals may:

use the OnGuard product on a multiple number of computers within their site, including staff and student laptops

edit text within MSWord documents throughout the OnGuard product.

make print copies of MSWord and PDF documents from the OnGuard product, for the educational purposes at their worksite only, and within the strict guidelines set by Australian Copyright law.

Termination

This AGREEMENT is effective until terminated. PCBUs, employers, organisations or individuals may terminate the licence agreement at the end of the 'Software as a Service' 12 month subscription by notifying OnGuard Safety Training P/L. in writing.

PCBUs, employers, organisations or individuals are under no obligation to renew the licence.

Upon terminating the licence agreement, PCBUs, employers, organisations or individuals can NOT use or display resources copied from the OnGuard product.

PCBUs, employers, organisations or individuals will undertake to ensure that all print copies and electronic copies of any MSWord, PDF and HTML documents copied from the OnGuard product are destroyed. (including all edited documents)

The AGREEMENT will terminate immediately without notice from OnGuard Safety Training P/L. if:

You fail to comply with any provision of the AGREEMENT,

or

OnGuard Safety Training P/L makes this decision for any reason.

Limited and Restricted Warranty - Liability Disclaimer

The OnGuard product under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the OnGuard product, however, the OnGuard product may contain normal bugs and errors.

Therefore, the OnGuard product is provided on an "AS IS" basis with the understanding that bug fixes and updates will be provided from time to time.

This warranty is valid only for the original licence holder of the OnGuard product.

PCBUs, employers, organisations or individuals ASSUME ALL RESPONSIBILITIES FOR CHOOSING AND USING THE OnGuard product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OnGuard Safety Training P/L, DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE OnGuard product AND THE ACCOMPANYING WRITTEN MATERIALS.

Under no circumstance, including negligence, shall OnGuard Safety Training P/L or any employee of OnGuard Safety Training P/L be liable for any indirect, special incidental or consequential damages arising out of the use of or inability to use the OnGuard product, including without limitation, loss of data, computer failure or malfunction or any and all other commercial damages or losses, that result from the use of, or the inability to use, the OnGuard product.

OnGuard Safety Training P/L., authors, consultants, publishers and distributors are not responsible for the results of any action taken on the basis of information in the OnGuard product, nor for any error in or omission from the information in the OnGuard product.

OnGuard Safety Training P/L, its Company Directors, employees, authors, consultants, publishers and distributors expressly disclaim all and any liability and responsibility to any person, whether a licensed user or reader of the OnGuard product or not. This is in respect of the consequences of anything, done or omitted to be done by any such person in reliance upon the whole or part of the contents of this software package.

General

If and to the extent any provision of this AGREEMENT is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.

No term or provision in the AGREEMENT will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this AGREEMENT will be binding upon OnGuard Safety Training P/L unless made in writing and duly executed by the PCBU, employer, organisation or individual and an authorised representative of OnGuard Safety Training P/L.

Limitation of Liability - Indemnity

It is understood that PCBUs, employers, organisations and individuals will take determined steps to investigate the Work Health and Safety needs specific to their worksite, and implement workplace 'systems of work', in addition to utilising the resource material provided in the OnGuard product.

It is understood that PCBUs, employers, organisations and individuals will also take steps to investigate and obtain the following information from the manufacturers of plant, machinery and/or equipment: recommended safe operating instructions, safety precautions, guarding requirements, maintenance and storage instructions.

PCBUs, employers, organisations and individuals also understand that the OnGuard product is general in nature and that they will need to include practical instruction, safe operation demonstrations and specific training relevant to the brand and type of plant / machinery / equipment presented at their worksite.

Copyright Agency Limited (CAL)

Bruce Lewis is a member of CAL. CAL conducts random audits in schools to monitor licence provisions on behalf of its members.

Owner: (C) Bruce Lewis - 2021 (Under licence to OnGuard Safety Training Pty Ltd)

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content from this website or the online learning management system, without the permission of the copyright owner.

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website or the online learning management system, including files downloadable, without the permission of the copyright owner.

The owner of copyright in the content on this website or the online learning management system, may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by the Copyright Agency.

We may change these terms of use from time to time. Check before re-using any content from this website.

Last Revised: 5th June, 2022