Subscriber Agreement

This agreement was last updated on 29th January 2009.

Please read the subscriber agreement below and indicate your acceptance of the following terms by clicking on the "Yes, I accept the terms" button at the end of the subscription form page. (Use your back button to return to the subscription form.)

RMOnDemand^® is an electronic record keeping and information service. By clicking on the "Yes, I accept the terms" button at the end of the subscription form page and completing the registration form you agree to be bound by all the terms in this subscriber agreement. You may print and keep a copy of this subscriber agreement. (Use the print button on your browser.)

Upon receipt of your registration, RMOnDemand's^® verification and acceptance of the information you have provided, you will receive an email confirmation of your subscription to RMOnDemand^®.

RMOnDemand^® may from time to time change the terms in this subscriber agreement and will notify you of any such changes by email. Changes will also appear in this document, which you can access at any time by selecting Help from the subscriber area. Once you have been notified of any changes to this subscriber agreement your continued use of RMOnDemand^® will signify your acceptance of such changes. If you do not agree to be bound by any changes you must advise us by emailing info@OHSOnDemand.com.au or contact us on + 61 3 9328 3844 and ask us that your subscription be cancelled.

Trial Subscription

RMOnDemand^® agrees to allow you no obligation access to the RMOnDemand^® service for a period of 30 days after your trial subscription application has been received and accepted by RMOnDemand^®. During that 30 day period, you may at anytime convert your trial subscription to a full subscription using the mechanisms provided.

Subscribers outside Australia and New Zealand

RMOnDemand^® has been developed for use by New Zealand and Australian companies within the guidelines of the relevant Health and Safety Legislation. Although subscriptions from other countries will be accepted, RMOnDemand^® does not accept any liability whatsoever for such use of RMOnDemand^®.

Fees and Payments

We are confident that you will want to continue after the initial trial. If you choose to continue then we will negotiate and agree on annual/monthly fee for ongoing use of the software. You will pay these agreed fees and charges plus GST on the agreed basis. Your annual subscription will continue and renew automatically, unless terminated by RMOnDemand^® (on 30 days notice) or until you provide RMOnDemand^® with 30 days written notice of your decision to terminate your subscription by emailing info@OHSOnDemand.com.au.

If there are any annual, monthly or other fees due for your subscription, these fees will be billed automatically to your company, at the start of every month or at the annual anniversary date of subscription, unless you have notified RMOnDemand^® of your intention to cancel your subscription, 30 days prior to the annual anniversary date of your subscription.

Security

RMOnDemand^® shall provide you with all identification and log-in information required for the use of RMOnDemand^®.

You are responsible for maintaining the secrecy and confidentiality of all identification and log-in information required to access RMOnDemand^®, and you agree not to disclose to any other person, corporation, entity or organisation, any such identification or log-in information, whether in use or not, nor any other confidential information related to RMOnDemand^®.

You are liable for all fees resulting from use of RMOnDemand^® which is accessed through your identification or log-in information, whether authorised by you or not. Disclosure or loss of identification or log-in information that results in the incurring of fees or misuse of RMOnDemand^® is your responsibility and any such occurrences should be immediately communicated to RMOnDemand^®.

You are responsible for all statements made and acts or omissions that occur while your identification is being used. You may not use RMOnDemand^® for any unlawful purpose. RMOnDemand^® may refuse to grant you a user code that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by RMOnDemand^®.

RMOnDemand^® will erase your identification or log-in information and provide a means for you to retain your company records after receiving a written request to do so from you.

Use of RMOnDemand^®

You acknowledge that RMOnDemand^® does not and cannot in any way supervise, edit or control the content and form of any information or data stored on RMOnDemand^® shall not be held responsible in any way for any content or information accessed from or via RMOnDemand^®.

You will not act on or through RMOnDemand^® site so as to interfere with or disrupt Internet users, service providers, their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using RMOnDemand^® site to make an unauthorised access of any other computer accessible via RMOnDemand^® site, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet.

You will not access, nor permit any other party to access, RMOnDemand^® for any purpose or activity of an illegal, fraudulent or defamatory nature.

You will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the Service that would be an infringement of any copyright, patent, trade mark, design or other intellectual property right.

RMOnDemand^® has no responsibility to provide training in the use of RMOnDemand^®.

Privacy of Information

RMOnDemand^® may store and may make use of any information you provide during the registration process and any information collected as a result of your use of RMOnDemand^® site ("Information"). RMOnDemand^® may also use the Information to provide you with additional information and inform you about product development, subscription queries or renewals and additional services, unless you notify RMOnDemand^® in writing that you do not wish to receive this information.

You confirm that the information you provide to RMOnDemand^® is correct and you authorise RMOnDemand^® to collect information about you from any other person and disclose the Information to any person in the course of RMOnDemand's business, including, credit assessment, debt collection and direct marketing activities. You acknowledge that you have the right to request access to, and correction of the Information.

You acknowledge that RMOnDemand^® may provide aggregate statistical information about you to advertisers, potential advertisers, and content licensors.

RMOnDemand^® does not disclose to third parties any specific personal identifying information about you, such as your name, address, phone number, or email address. Please read our Privacy Policy for more details.

It is your responsibility to ensure that you comply with all statutory and regulatory requirements relating to all data and information that you provide to RMOnDemand^® including, without limitation, the collection, access and dissemination of personal information of employees and visitors to your company. (It is your responsibility to ensure you advice and obtain agreement from all employees, visitors or contractors before entering any of their information in RMOnDemand and that you comply with any requirements under the Privacy Act.)

Ownership of Information

You retain ownership of all information and data entered in RMOnDemand^® and in the event of the termination of the subscriber agreement, RMOnDemand^® shall enable you to print, or alternatively, destroy (in accordance with your directions) all data and information provided by you to RMOnDemand^®.

Copyright and Limitations on Use

RMOnDemand^® is the sole and exclusive owner or licensee of copyright in, and all other rights, title and interest in and to, RMOnDemand^® site and all materials contained in RMOnDemand^® site from time to time, including, and without limitation, the site design, user interface, graphic images used on the site and any code implementing the site. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the RMOnDemand^® site to any third party except for the purpose of imparting information for the sole purpose of your internal health and safety issues and training.

You acknowledge that RMOnDemand^® contains information, views, opinions and recommendations provided by third parties and that RMOnDemand^® and its content licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, such information, views, opinions or recommendations. In addition, nothing on the RMOnDemand^® site is intended to constitute legal advice or to advocate the purchase or sale of any product or service.

Disclaimer, Warranties and Liability

Due to the number of sources from which content in RMOnDemand^® is obtained, and the inherent hazards of electronic distribution, you acknowledge that there may be delays, omissions or inaccuracies in such content and that RMOnDemand^® will not be liable to you or any other party for any such delays, omissions or inaccuracies.

RMOnDemand^® will inform you if RMOnDemand^® or the RMOnDemand^® site is unavailable for access due to maintenance or any other requirements.

RMOnDemand^® and it's affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of RMOnDemand^®, the content available through RMOnDemand^® and the RMOnDemand^® site.

In no event will RMOnDemand^®, it's affiliates, agents and licensors be liable to you or anyone else for any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the services supplied pursuant to this subscriber agreement or in respect of a failure or omission on the part of RMOnDemand^® to comply with its obligations under this subscriber agreement.

The liability of RMOnDemand^®, its affiliates, agents, licensors, if any, arising out of any kind of legal claim (whether in contract or otherwise) in any way connected with RMOnDemand^® or the content of RMOnDemand^® shall not exceed the amount you pay to RMOnDemand^® for the use of RMOnDemand^® in the twelve months immediately preceding the event giving rise to such claim.

You warrant you have not relied on any representation made by RMOnDemand^®, which has not been stated expressly in this subscriber agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by RMOnDemand^®.

Termination

RMOnDemand^® may discontinue or change RMOnDemand^®, or it's availability to you, at any time and RMOnDemand^® reserves the right to immediately, and without notice to you, withdraw your access to RMOnDemand^® if:

(a) You fail to comply with any provision of this subscriber agreement concerning the payment of any fees including without limitation, any fees relevant to the connection, administration or usage of RMOnDemand^®;

(b) This subscriber agreement is terminated for any reason; or

(c) You misuse RMOnDemand^® or fail to comply with your obligations as to the use and access of RMOnDemand^® as specified in this subscriber agreement.

Upon termination of this agreement:

(a) All your rights under this agreement shall cease;

(b) RMOnDemand^® will erase your identification or log-in information within 7 days of termination; and

(c) RMOnDemand^® shall enable you to print, or alternatively, destroy (in accordance with your directions) all data and information provided by you to RMOnDemand^®.

General

This agreement is personal to you, and you may not assign, transfer or dispose in any way of your rights or obligations under this agreement.

If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

This agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of New Zealand, as if this agreement was a contract wholly entered into and wholly performed within New Zealand, and the parties agree to the exclusive jurisdiction of the New Zealand courts.

This agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.