We, Our, Us and ECA WA: means the Electrotechnology Training Institite, trading as ECA WA.
You, Your: means the licensee or subscriber named in item 1 of the Schedule.
Licence Conditions: means these HSEQ Licence and Subscription Conditions.
SWMS: means Safe Work Method Statements.
The Contract: means the agreement between ECA WA and the Licensee/Subscriber for ECA WA to provide the relevant Online Service to the Licensee/Subscriber which Contract is formed on acceptance by ECA WA of the completed ECA WA Safety Order Form by the Licensee/Subscriber and on payment of the first instalment by the Licensee/Subscriber of the Licence Fee and/or Subscription Fee.
The Licence Fee: means the amount shown in item 1 of the Schedule.
The Licensed Works: means “The HSEQ Management Manual”.
The Online Forms: means the forms that are available on The Website that You may download or print out while You are a subscriber to the Online Service.
The Online Service means:
The Subscription Fee: means the amount in item 3 of the Schedule that You must pay Us each year to maintain Your subscription to the Online Service. We reserve the right to increase pricing without notice.
The Website: means www.hseq.asn.au
In return for payment of the Licence Fee We grant You a perpetual non-exclusive licence to use the Licenced Works on the terms set out in these Licence Conditions.
This licence entitles You to one copy of the Licensed Works. You may keep that copy after the licence has come to an end but Your right to use it will continue to be governed by the terms set out in these Licence Conditions. Additional copies of the Licenced Works may be requested.
You may transfer Your rights under these Licence Conditions only to a purchaser of Your business but You may not otherwise sell, sub-license or assign Your rights under these Licence Conditions.
Unless the copy is used for the purposes of submitting a tender in the ordinary course of Your business, You may not copy, store, distribute or transmit copies of the Licensed Works.
You may not reverse engineer, decompile, or disassemble the Licensed Works. You may not sell, rent, lease, or lend the Licensed Works.
We reserve all rights relating to the Licensed Works that are not expressly granted under these Licence Conditions.
In return for your payment of the Subscription Fee and provided that You continue to be a fully paid up member of ECA WA, We will provide You with access to the Online Service appropriate to Your subscription level.
The subscription is for one year or the period that You are a member of ECA WA.
The Subscription Fee for the initial 12 months remains payable irrespective of whether you remain a ECA WA member.
Although We will use Our best efforts to make the Online Service available online, as with all online services, some outages are unavoidable. If You are not able to access the Online Service, You can call Us on (08) 6241 6100 during office hours and We will endeavour to provide You with the information You require.
You release Us from any claims You may have against Us that arise because any Online Service is not accessible.
If You download or print out an Online Form from the Website, You may use and modify that form for Your own business purposes but You may notsell that form or commercialise it.
Your right to use any form that You have downloaded or printed is otherwise on the same terms as these Licence Conditions to use the Licensed Works and it continues on those terms even after You are no longer a subscriber to the Online Service.
All warranties, conditions, representations, promises and statements relating howsoever to the Licensed Works and Online Service, whether express or implied and whether in contract or tort are excluded to the extent permitted by law.
Our liability to You under a condition or warranty (if any) implied into these Licence Conditions other than a condition implied by the Australian Consumer Law is limited at Our option to:
This clause sets out Our entire liability to You under law. Under no circumstances will We be liable to You for special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by You as a result of the use of the Licensed Works or Online Service
These Licence Conditions are governed by the laws of the State of Western Australia and the parties submit to the jurisdiction of the courts of that State.
The Contract can only be terminated after the expiry of the initial 12 months and only then by the Licensee/Subscriber providing 30 days’ written notice to ECA WA of intention to discontinue with the relevant Online Service. Payments will automatically continue from year to year unless the Licensee/Subscriber provides 30 days’ written notice to ECA WA of intention to discontinue with the relevant Online Service. If you have paid for a full 12 months (excluding the initial 12 month period), a refund will be provided on a pro-rata basis for what you have used.
Last updated 27/06/24
