Terms and conditions

These terms govern your use of the SWMS NZ website and your purchase, download or use of any product or resource supplied by Keuer Solutions Pty Ltd (ABN 48 698 704 853) trading as SWMS NZ (“we”, “us”). By using this website, or by purchasing, downloading or using any Product, you agree to these terms. If you agree on behalf of a business, you confirm you are authorised to bind that business, and “you” means that business.

1. Definitions

Product means any document, template, pack or resource supplied by us, paid or free, including Task Analyses, trade packs, guides, previews and samples. Competent Person means a person who has, through training, qualification or experience, the knowledge and skill to carry out the relevant task. CGA means the Consumer Guarantees Act 1993 (NZ). FTA means the Fair Trading Act 1986 (NZ). HSWA means the Health and Safety at Work Act 2015 (NZ).

2. Nature of what we supply

Products are supplied as prepared, editable templates covering the activities described on the product page. Before use, a competent person must review and adapt them to the actual work, hazards, equipment and site arrangements, as set out in clause 4. A Product is a prepared template, not the completed site document: it is written for a trade or task in general, and it is not prepared for your business, your site, your workers, your plant or your client’s requirements, which we have no knowledge of. A Product is not a safety management system.

This describes the difference between what we supply and what you must produce. It does not shift responsibility to you for the accuracy of the content we supply.

3. No advice and no professional relationship

Nothing on this website, in any Product or in any guide or correspondence from us is legal, safety, engineering or other professional advice, and none of it may be relied on as such. We are not your safety adviser, consultant or auditor, and no professional relationship arises from a purchase. References to legislation, regulations, codes of practice, standards or good practice guidelines are for general orientation only. Laws change, and their application depends on facts we do not know. You are responsible for confirming what applies to you, including with WorkSafe New Zealand.

4. Your responsibilities before use

Before any Product is used in a workplace, you must ensure a Competent Person reviews it in full against the actual task, site, plant, workers and conditions; completes all site-specific and task-specific fields; adds, removes or amends hazards, risks and controls so they reflect the work as it will be carried out; confirms it is current and correct; and consults workers as required, briefs them, and obtains sign-on from every worker who will carry out the work. You remain solely responsible for your duties under HSWA and any other law. Purchasing, downloading, completing or holding a Product does not discharge, transfer or reduce any duty you owe.

5. Currency of legislation

Products are prepared against New Zealand law as we understand it at the date shown on the Product or the page. Two different things can happen after you buy, and we treat them differently.

A material error in a Product we supplied. If we find one, or you tell us about one, we correct the Product and email the corrected file to everyone who bought that Product, at no charge. That is an undertaking.

A new edition following a change in the law. Legislation and guidance change, and an amendment may commence after you buy. We may publish a revised edition, and we may tell purchasers about it, but we do not undertake to do either and you should not rely on being told. Confirming that a Product reflects the law in force when you use it is part of the review in clause 4.

6. No warranty of outcome or acceptance

We do not warrant that a Product will be accepted by any main contractor, principal, client, auditor, insurer, regulator or prequalification scheme, that it will satisfy any particular contract or tender requirement, or that its use will prevent an incident, a notice, a prosecution or a claim. Acceptance decisions are made by third parties applying their own criteria to your completed document and your business, and are outside our control.

7. Delivery, access and orders

Prices are in New Zealand dollars. Payment is by card through our payment processor. Products are delivered by download link to the email address given at checkout, and the same links appear on screen after payment. Download links are time limited and limited in number of uses; if a link expires you can rebuild it from the website using the email address you bought with. You are responsible for giving a correct email address and for keeping a copy of the files you download. We may refuse or cancel an order where we reasonably suspect fraud, an incorrect price, or a breach of these terms, and where we do we refund the amount paid.

8. New Zealand consumer law

If you acquire a Product as a consumer, the CGA applies in full and nothing in these terms excludes, restricts or modifies it.

Where you acquire a Product for the purposes of a business and both of us are in trade, we each agree in writing that the CGA guarantees do not apply to that supply, to the extent s43(2) of that Act allows and where it is fair and reasonable to rely on that agreement. If either condition is not met for a supply, the CGA applies to it.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy under the CGA or the FTA that cannot lawfully be excluded, and nothing in them affects your rights if a statement we make about a Product is false or misleading. Where the Australian Consumer Law applies to a supply, the same applies to that law.

9. Limitation of liability

To the extent permitted by law, our total liability arising out of or in connection with a Product or this website, whether in contract, tort (including negligence), equity, statute or otherwise, is limited to the price you paid for the Product giving rise to the claim. We are not liable for any indirect or consequential loss, including loss of profit, contract, business, production, goodwill or reputation, loss of or corruption of data, or any fine, penalty, infringement fee or enforcement cost. Nothing in this clause limits liability that cannot lawfully be limited.

10. Indemnity

You indemnify us against claims, losses and costs caused by your use of a Product in a workplace without the review and adaptation required by clause 4, your use of a Product for work it does not cover, or your breach of the Licence terms. The indemnity is limited to those causes and does not extend to loss arising from the content we supplied, from our own breach of these terms, or from our negligence.

11. Licence to use

Your purchase grants a licence to use, not ownership. The licence terms are set out on the Licence page and form part of these terms.

12. Intellectual property

All Products, their content, structure and formatting remain our intellectual property. You may not remove copyright notices or attribution, or use a Product to build or supply a competing product or service.

13. Refunds

Our Refund policy forms part of these terms and sets out when we refund or replace a Product.

14. Website use and availability

We provide this website as it is and do not warrant that it will be uninterrupted or error free. We may change, suspend or withdraw any part of it, including Products and prices, at any time. Prices shown apply to orders placed while they are displayed. You must not attempt to gain unauthorised access to the website, interfere with its operation, or use automated means to scrape or copy it.

15. Privacy

We handle personal information as set out in our Privacy policy, which forms part of these terms.

16. Suspension and termination

If you breach these terms or the Licence terms and the breach can be put right, we will tell you and give you 14 days to put it right before we suspend or terminate. We may suspend or terminate immediately only where the breach cannot be put right, such as reselling or publicly distributing a Product. Termination does not affect any right or liability that has already arisen, and clauses 3, 6, 9, 10 and 12 survive. Documents you have already completed and used on a job may be kept as records of that work.

17. General

These terms, together with the Licence, Refund and Privacy pages, are the entire agreement between us about their subject matter. If part of these terms is unenforceable, it is severed and the rest continues to apply. A failure to enforce a term is not a waiver of it. You may not assign your rights under these terms without our written consent.

18. Changes to these terms

We may update these terms. The version in force for your purchase is the one published at the time you purchase, and the date it was last reviewed is shown at the top of this page.

19. Governing law

These terms are governed by the laws of Tasmania, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State. This does not limit any non-excludable right you have under New Zealand law, and where you are in New Zealand you may also bring proceedings there.

20. Contact

Keuer Solutions Pty Ltd (ABN 48 698 704 853) trading as SWMS NZ. Email support@swmsnz.com. We answer within one working day.