Hillview Business Services Pty Ltd (ABN 60 656 760 655)
1. General
a) Thank you for visiting our website, operated by Hillview Business Services Pty Ltd (ABN 60 656 760 655). By accessing, browsing, using, downloading from, or purchasing from hbass.com.au or shop.hbass.com.au (together, the Website) you signify your acceptance of these terms and conditions (Terms). If you do not agree with any part of these Terms, you must not access, browse, use, download from, or purchase from our Website.
b) These Terms govern your use of our Website and your purchase and use of our Products and Content. Our professional services (including consulting, auditing, gap analysis, management-system builds, and chemical-register and SDS services) are provided under a separate written services agreement and are not governed by these Terms. See clause 12.
2. Definitions
- "Seller, we, us or our" means Hillview Business Services Pty Ltd (ABN 60 656 760 655);
- "Buyer, you, your or user" means any person, body corporate or entity which accesses, purchases, orders, downloads or uses our Products, Content or Website;
- "Products" means all documents, templates, toolkits, frameworks, online courses, workshop and certification-support offerings, and other deliverables, in whatever form, provided or made available by the Seller to the Buyer, or to be delivered by the Seller to the Buyer, whether free of charge or for payment;
- "Content" refers collectively to all Products and all publicly accessible Website content, including data, text, images, sounds, videos, animations, articles, toolkits, product previews and reviews, and industry information relating to Products and/or work health, safety, environment and quality;
- "Services" means the professional consulting, advisory, auditing and related services described on our Website but delivered under a separate written services agreement, as referred to in clause 12.
3. Website content and access
a) There may be times when our Website is not available, and we cannot guarantee that our Website is secure or free from viruses, errors, interruptions, or anything else that may damage any computer that accesses our Website or any data on such a computer.
b) While we take reasonable care in preparing and maintaining the Website, Content and Products, to the maximum extent permitted by law we do not warrant or guarantee the accuracy, reliability, adequacy, completeness, fitness for a particular purpose, or suitability of any of the Content. Our Content is generic, does not take into account your specific needs, objectives or circumstances, and is not a substitute for professional advice. Our Content may include inaccuracies or errors and is provided "as is" with all faults, whether or not modified by the user.
c) To the maximum extent permitted by law, we make no express or implied representations or warranties of any kind related to our Website or the Content. To the maximum extent permitted by law, you agree to indemnify and hold us and our related entities harmless against any liability arising either directly or indirectly from, or in connection with: the use of, or reliance on, our Website or Content; a breach of these Terms; or a breach of any applicable laws. This indemnity is a continuing obligation, independent of the other obligations under these Terms, and continues after these Terms end.
d) Our Website and Content may contain links to other websites or reference content generated by other people. We do not take responsibility for any websites or content of third parties.
e) Paid Products you order through our Website are delivered electronically within a reasonable time after receipt of payment. Delivery instructions and receipt of payment will be provided to you by email.
f) In the event a Product is listed at an incorrect price or with an incorrect description, we reserve the right to refuse or cancel an order.
g) Our Website and Content are subject to change at any time without notice.
4. Acceptance of these Terms
a) You accept these Terms in any of the following ways, each of which is sufficient:
- by ticking the "I have read and accept the Terms and Conditions" box (or similar) at checkout or before download;
- by completing a purchase of any Product;
- by downloading, accessing or using any Product, toolkit or document; or
- by accessing, browsing or otherwise using the Website.
b) Where you accept these Terms on behalf of a business or other entity, you warrant that you have authority to bind that entity, and "you" and "Buyer" include that entity.
c) Every Product, toolkit or document we make available is provided on the basis that your download or use of it constitutes acceptance of these Terms, whether or not a checkbox is presented.
5. Licence to use our Website
a) We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms.
6. Intellectual property rights
a) We, together with our licensors, own and control all copyright and other intellectual property rights in our Website and the Content (including, without limitation, the text, computer code, artwork, photographs, images, audio, video and audio-visual material on the Website), and all such rights are reserved.
b) You may view our Website in a web browser and print pages for your own personal or internal business purposes as reasonably contemplated by these Terms, but you must not use our Website or Content for any other purpose. Except as expressly permitted in these Terms, you must not:
- edit or otherwise modify any Content, except where a Product is expressly supplied as an editable template for your own internal use;
- unless you own or control the relevant rights, republish, rent, lease, distribute, license, sublicense, sell, reproduce, circulate, retransmit, transfer, assign, disseminate, or otherwise provide access to or commercially exploit the Content; or
- cause any of our Content to be framed or embedded in another website or platform, or create derivative works from our Content for supply to any third party.
c) Your use of, or access to, our Website or Content does not grant or transfer to you any rights, title or interest in relation to our Website or Content. Our logo and product names are trade marks of Hillview Business Services Pty Ltd or its affiliates, and unauthorised use is prohibited.
7. Licence terms for Products (documents, templates and toolkits)
a) By accepting these Terms, you understand that you are purchasing or receiving a single-user, single-organisation licence for any Product at the time of purchase or download. The licence is non-exclusive and non-transferable.
b) Products are supplied for your own use or your own organisation's internal use. Products must not be forwarded to a third party for their use, or resold, for any reason whatsoever without our prior written permission (for example, under a separate written reseller, multi-site or enterprise licence from us).
c) Resellers, and organisations wishing to use a Product across multiple sites or entities, are required to obtain a separate written licence from us to do so.
d) Permitted tender and client-assessment use: despite clause 7(b), you may submit a Product to a client, principal contractor, certifying body, auditor or tender panel on a confidential basis where reasonably required to demonstrate your own systems or to support a tender, engagement or certification. You must not otherwise publicly distribute, publish, or resell the Product, and this permission does not transfer any ownership of, or licence in, the Product to that third party.
e) Free toolkits and downloadable resources are provided for your own information and internal use only, on the same single-organisation, non-transferable basis, and remain our intellectual property.
8. Online courses
a) Where you purchase or enrol in an online course, we grant you a single-user, non-transferable licence to access the course and its materials for your own learning. Login details and access must not be shared.
b) Course materials (including videos, workbooks and templates) remain our intellectual property and are provided on the licence terms in clauses 6 and 7. You must not record, copy, redistribute or publicly share course materials.
c) Course access is provided for 12 months from the date of enrolment, unless a different period is stated on the product page. Extended or renewed access may be available for a fee. We may update, revise or retire course content, and access is to the current edition of the course.
d) Hillview Business Services Pty Ltd is not a Registered Training Organisation (RTO). Our courses are professional development only. They are not nationally recognised training, qualifications, units of competency or statements of attainment under the Australian Qualifications Framework (AQF) or the vocational education and training (VET) system, and any certificate of completion we issue is not an accredited qualification.
e) Completion of a course does not constitute, and is not a guarantee of, any certification, accreditation, regulatory compliance, competency, employment or other particular outcome. Courses provide general education and information only and are not professional advice for your specific circumstances.
9. Workshops and certification support
a) Bookings for workshops or certification-support offerings are confirmed on receipt of payment or written confirmation, subject to availability.
b) Cancellations, transfers and refunds for workshops are governed by our Refund Policy. Where a workshop cannot proceed, our liability is limited as set out in that policy and clause 15.
c) Certification-support offerings assist you in preparing for third-party certification. We are not a certification body or an accredited auditor. We do not, and cannot, guarantee that you will achieve or retain any certification, accreditation or audit outcome, which is determined solely by the relevant certifying body.
10. Competitors are excluded from using our Website and Content
a) You are prohibited from using our Website or Content in any way that competes with our business.
b) If we determine that you have breached these Terms, then to the full extent permitted by law you agree that we may recover from you any loss or damage incurred, including: any revenue you have gained through unauthorised use of our Content; any revenue we have lost as a result of that use; the costs of our investigation into the unauthorised use; and the costs of recovering the unauthorised Content, lost revenue, and the revenue you gained.
11. We do not provide legal or other professional advice through the Website
a) You acknowledge and agree that:
- our Website, Content and Products provide general information and generic materials only, and do not constitute legal or other professional advice;
- our customer service staff provide information to help you with ordering a Product, and that assistance is information only, not advice;
- only you are aware of the purpose for which a Product or information will be used, and we cannot guarantee that any Product will be suitable for your particular needs or fit for a particular purpose; and
- you must consult an appropriately qualified professional for advice concerning the suitability of any Product, and you must review, adapt and risk-assess any Product for your own site-specific and legal circumstances before relying on it.
b) This clause concerns Products and Content bought or downloaded through the Website. Where you engage us to provide professional Services under a separate written agreement, that agreement governs the advice we provide.
12. Services provided under a separate agreement
a) Our professional Services (including consulting, management-system builds, internal audits, gap analyses, IMS and audit-engine work, and chemical-register and Safety Data Sheet services) are provided under a separate written services agreement between you and us.
b) Those Services are not governed by these Terms. If there is any inconsistency between these Terms and a signed services agreement in respect of Services, the services agreement prevails to the extent of the inconsistency.
13. Refund Policy
a) Our Refund Policy forms part of these Terms and is available at https://hbass.com.au/refund. By accepting these Terms you acknowledge you have had the opportunity to read it.
14. Warranties and Australian Consumer Law
a) Under applicable law (including, without limitation, the Competition and Consumer Act 2010 (Cth) (CCA)), certain statutory guarantees and warranties (including the consumer guarantees under the Australian Consumer Law) are implied into or apply alongside these Terms (Non-Excluded Guarantees).
b) Nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
c) Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, we make no warranties or other representations, including as to the quality or suitability of the Products for specific sites or purposes. Our liability in respect of any such warranties is limited to the fullest extent permitted by law.
d) If you are a consumer within the meaning of the CCA, our liability is limited to the extent permitted by section 64A of Schedule 2.
e) Where we are required to remedy a Product under the Australian Consumer Law and choose to do so by replacement but are unable to replace it, we may refund the money you have paid for that Product.
f) If you are not a consumer within the meaning of the CCA, our liability for any defect or damage in a Product is, to the maximum extent permitted by law, excluded.
g) To the extent permitted by law, we will not be liable for any defect, damage or loss caused or contributed to by, or arising as a result of:
- using a Product for any purpose other than that for which it was designed;
- failing to conduct on-site auditing or to identify site-specific risks;
- failing to appropriately modify a Product to site-specific risks, hazards or conditions;
- a third party failing to accept or approve a Product as suitable for that third party's use;
- continuing to use a Product after a defect became apparent or should have become apparent to a reasonably prudent user;
- failing to follow any instructions or guidelines we provide; or
- failing to obtain professional advice regarding the specific use of a Product.
15. Limitation of liability
a) To the maximum extent permitted by law, we and our related entities exclude all liability for any loss or damage of any kind (including special, indirect or consequential loss, and including loss of business profits) however caused (including by negligence) arising out of or in connection with: the Website (including any use, performance, interruption or outage); the Content (including if it is incorrect, incomplete or out of date); the Products; and any loss or corruption of data.
b) Where our liability cannot be excluded but can be limited, our total aggregate liability to you is limited, to the maximum extent permitted by law, to the amount you paid for the relevant Product.
c) By using our Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.
16. Privacy
a) We handle your personal information in accordance with our Privacy Policy, available at https://hbass.com.au/privacy, which forms part of these Terms.
17. Marketing communications
a) If you subscribe to our news, articles or updates, or purchase from us, we may send you information about our Services, Solutions, Products, news and articles.
b) You can opt out at any time using the unsubscribe link at the bottom of each email. Our handling of your contact details is described in our Privacy Policy.
18. Updating Content and these Terms
a) We may update these Terms, any policy referred to in these Terms, or any feature of our Website, by posting a new version on our Website. Material changes take effect from the date the updated version is posted.
b) Our Content is subject to change at any time without notice.
c) You should check our Website periodically so you are familiar with the current Terms. Your continued use after a change constitutes acceptance of the updated Terms.
19. General legal terms
a) Hillview Business Services Pty Ltd is an Australian company. These Terms are governed by the laws of the Commonwealth of Australia and the State of Queensland, and you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, irrespective of where you are located.
b) If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is to be read down or severed to the minimum extent necessary, and the remainder of the Terms continues in full force so as to give the greatest effect to the original intention.
c) You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
d) You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms with us before resorting to any external dispute-resolution process. Please notify us in writing of any dispute.
e) Any notices, questions, concerns or complaints relating to our Website must be in writing and addressed to: Enquiry Officer, Hillview Business Services Pty Ltd, 1180 Creek Road, Carina Heights QLD 4152, Australia, or by email to info@hbass.com.au.
Hillview Business Services Pty Ltd - ABN 60 656 760 655 - 1180 Creek Road, Carina Heights QLD 4152 - info@hbass.com.au