Terms & Conditions – EHS2U

These Terms of User were last updated on 1st January 2016. Please read this agreement before accessing or using the information and services available through EHS2U.com or EHS2U.com.au website (“Site”). By accessing the site you agree to be bound by the terms and conditions below.

Privacy Reminder

Always protect your personal information by never providing important information such as your tax file number, social security, credit card or bank account numbers to prospective employers.

Definitions

In this document...

"Content" means information in any form published on our Website by us or any third party with our consent.

Contribution”  means Content Posted by you.

"Service" or "Services" means all the services we provide, whether or not from Our Web Site. It includes access to information for which you pay a one off fee or an ongoing fee.

Copy or Publish” with reference to our site, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.

"Post" means place on or into our site any content or material of any sort by any means.

Our Site/s” means all of the hardware and software installation that enables our site to function.

Third Party Owner” means an owner of a Licensed Product which is not owned by us.

Interpretation

In this agreement unless the context otherwise requires:

a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

“may not” in association with any action of yours, means “must not”.

any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

all money sums mentioned in this agreement are calculated net of GST;

these terms and conditions apply to all supplies of a service. They prevail over any terms proposed by you.

this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Terms of Use

This page states the Terms of Use (“Terms”) under which you (“You”) may use the EHS2U site and services. These Terms establish a binding agreement between You and EHS2U. If You do not accept the Terms stated here, do not use EHS2U website or services.

This document governs the relationship between you and EHS2U. Access to and use of this site and the products and services available through this site are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service. Please note that the terms of service may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Site Access

Access to this site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this site is unavailable at any time or for any period.

If you use our site in any way on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

From time to time, we may restrict access to some parts or all of this site. This site may contain links to other websites (the "Linked Sites"), which are not operated by EHS2U. EHS2U has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at EHS2U Privacy Policy Link. By using this site, you consent to the processing described therein and warrant that all data provided by you is accurate. At EHS2U we do not undertake any verifications of personal information. EHS2U has an honesty pledge that is completed as part of the profile sign-up for EHS professionals, however this does not in any way guarantee that personnel are completing all their details with 100% correct data.

Prohibitions

You must not misuse this site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this site. Breaching this provision would constitute a criminal offense and EHS2U can report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this site remains the property of EHS2U and are protected by copyright laws and treaties around the world. All such rights are reserved by EHS2U. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase information stored on the EHS2U site. The information being purchased is subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Access to purchased information may vary according to availability and subject to any delays resulting from site technical delays or force majeure for which we will not be responsible. 

In order to access content with EHS2U you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. EHS2U retains the right to refuse any request made by you. If you are successful in finding an EHS professional that meets your requirements – you will be provided the details of that professional via the site. Where a contract is made with an EHS professional EHS2U is not acting as either agent or principal and the contract is made between yourself and that EHS professional. When using this site you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the purchased information. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 

When you undertake a search and then place an order, you will receive access to the information you have paid for e.g. 5 x EHS Professional Candidate details. A contract between us will not be formed until we confirm receipt of payment for access to the EHS professional candidates. The details of the candidates will then be released and accessible on the site for a period of time.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this site are accurate, errors may occur. If we discover an error in the price of items which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the service, you will receive a full refund.

Processing costs may be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment 

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the information you wish to purchase.

Disclaimer of Liability

The material displayed on this site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law EHS2U, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect EHS2U's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This site must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with EHS2U and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to EHS2U.

Indemnity

You agree to indemnify, defend and hold harmless EHS2U, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this site or your breach of the Terms of Service.

Variation

EHS2U shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this site.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and EHS2U. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of EHS2U.