Terms and Conditions

Terms of Use

This web application, including the information it stores on behalf of members (Site), is owned by Site Safe New Zealand Incorporated (Site Safe). Any reference to we, our or us in these terms and conditions shall mean Site Safe. Your use of this Site is governed by these terms of use. By accessing and browsing this Site, or acquiring the products and services accessible through this website, you agree to be bound by these terms of use.

1. Intellectual Property

(a) All intellectual property on or relating to this Site, including without limit, the text, graphics, trademarks, and copyright works is owned by us or our suppliers. We are the exclusive owners of all rights in the compilation, design and layout of this Site.

(b) You may access, view, reproduce, use and print the content on this Site (including the content accessible through use of the SiteWise contractor management web application), (Content) provided:

  1. 1. where Content has been provided to you in connection with any product or service you acquire from us, you may access, view, reproduce, use and print that Content to the extent required for the purpose of using that product or service in the manner in which it is intended to be used; and
  2. 2. you otherwise only use Content for informational, non-commercial purposes, and any reproduction includes a prominent acknowledgement of our rights in the relevant Content.

(c) If you wish to link to any part of this Site, you must get our prior written consent. You may not use this Site, or the Content, for any other purpose or in any other way. We reserve the right to prohibit links to the Site, and you agree to remove or cease any link upon our request. You may not frame any part of the Site material by including advertising or other revenue-generating material.

2.  Content

(a) The Content is intended to provide information only and has not been prepared by taking into account the particular objectives, situation or needs of any individual users. The Content does not constitute professional advice and should not be relied upon as such.

(b) While we have tried to ensure the Content is current, accurate and complete, we do not guarantee that the Content will be current, accurate or complete when you access it. We provide the Content on an “as is” basis. You must make your own assessment of the suitability of the content and/or our products and services for your own purposes and you are solely responsible for the actions you take in reliance on the Content on, or accessed through, this website.  We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.

(c) The Content may include information provided by users or other third parties. We are not responsible for Content provided by users or third parties, and we are under no obligation to monitor or remove any user or third party Content.

3. User-Provided Content

If you provide or contribute any content or other materials to us and/or to this Site (User Content), you agree that we, and anyone authorised by us, can use that User Content in any manner free of any obligation to you. This includes the right for us to copy or distribute User Content. By posting or uploading any User Content to this Site or providing any User Content to us, you automatically and irrevocably agree that:

(a)  you are the owner of the User Content and entitled to enter into these terms of use; and

(b) you have obtained all necessary permissions and licences for any third party materials necessary for us to use in accordance with the above statements.

4. Third party websites

This Site may contain links to third party websites. These third party websites have not been prepared by, and are not controlled by, us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this website links to.

5. SiteWise Registration

(a) You may register to use SiteWise by completing the initial assessment questionnaire and paying the required fee.

(b) You must ensure that the information you provide about yourself in completing the initial assessment questionnaire (and providing any updates to that information) is correct, complete, accurate and up-to-date. You agree to notify us of any changes to this information from time to time.

(c) All personal information you provide to us in becoming a SiteWise user will be subject to our privacy policy (see below).

6. Pricing

Registration and assessment fees are set out here.

7. Cancellation and Refund Policy

(a) The initial registration fee is non-refundable.

(b) You can choose to cancel your registration on the SiteWise Application and opt out of subsequent annual registration, by emailing admin@SiteWise.co.nz prior to your annual registration date. Your annual registration date will be the anniversary of your initial registration.

(c) In the event of overpayment of a registration fee, you can request a refund of the overpaid amount by contacting the Site Safe Finance Assistant, on 04 815 8792. Refunds are made to the original purchaser using the original purchase method where possible.

8. Security

You agree to keep any username and password that enables you to access or use the SiteWise Application secure and confidential. You are responsible for all access to, and use of, the SiteWise Application using any such username and password. You must notify us of any actual or suspected unauthorised use of any such username and password.

9. Indemnity

You agree to indemnify us, and our related companies, suppliers and affiliates (Affiliates) in respect of any damages, losses, costs or expenses (including reasonable enforcement costs, whether incurred on a solicitor and own-client basis or otherwise) suffered or incurred as a result of any breach by you of these terms of use (including the privacy policy) or asserted by any third party due to or arising from or in connection with your use of or conduct on this Site, or from any content or messages posted or transmitted by you on or through the Site.

10. Liability

(a) To the fullest extent permitted by law:

  1. all warranties, representations and guarantees (whether express, implied or statutory), including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the Content are excluded; and
  2. neither we nor any of our Affiliates will be liable for any damages, losses, costs or expenses of any kind (whether direct, indirect, incidental, consequential or otherwise), suffered or incurred by you in connection with your access to or use of this Site or the Content, whether arising under a cause of action for breach of contract or in tort (including negligence) or any other common law or statutory cause of action.

(b) Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to apply but our liability for breach of all such conditions or warranties will be limited the charges paid by you to us in relation to registration for the SiteWise Application in the twelve month period prior to any breach first occurring.
(c) If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded nor limited by the above. If you are using this Site or the Content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply.

11. Termination

We may, at our discretion, suspend or restrict your access to this Site (including the SiteWise Application) or any part of it for any reason, including a breach of these terms of use. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your registration at any time. In all such cases the provisions of the sections of these terms of use entitled “Intellectual Property”, “Content” and “Indemnity” and “Liability”, together with those other provisions of these terms of use which are incidental to, and required in order to give effect to those provisions, will remain in full force and effect.

12. Affiliates

These terms of use are intended to be for the benefit of, and enforceable by, our Affiliates, for the purposes of the Contracts (Privity) Act 1982.

13. Jurisdiction and governing law

These terms and any matters or disputes connected with this Site will be governed by New Zealand laws and will be dealt with by New Zealand courts.

14. Amendments

We may amend these terms of use from time to time by publishing the revised terms of use on the Site, but without otherwise notifying you, so you should check and read these terms of use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended terms of use.

15. Contacting us

If you have any questions or concerns in relation to this Site or these terms of use, please contact us.

16. Privacy Policy

Your privacy is important to us. This privacy policy governs our collection, use and disclosure of your personal information and has been prepared in accordance with our obligations and your rights set out in the Privacy Act 1993. We may modify or amend this privacy policy at any time and for any reason. By using our website you consent to our use of your personal information in accordance with this privacy policy (as amended from time to time).

This privacy policy explains:

(a) what kind of personal information we collect;
(b) where we collect personal information from;
(c) how we use personal information;
(d) how we store personal information;
(e) how you can access/amend your personal information;
(f) how long we hold personal information; and
(g) who you can contact for further information.

What kind of personal information we collect

We collect only the personal information you give us (which may include your name, email address and information about your health and safety systems). We may also keep a record of any information that you acquire from us.

We do not retain any credit card information that you provide while registering to use SiteWise.

Where we collect personal information from

We collect personal information about you by the following means:

(a) when you register for SiteWise and submit the initial assessment questionnaire;
(b) when you update your information on SiteWise;
(c) when you contact us regarding SiteWise; and
(d) when we otherwise provide information or services to you.

Cookies

We may use “cookies” and collect session information to provide you with access to tailored information and services on this Site, and to serve you better when you return to it. A cookie is a small data file that the Site sends to your browser, which may then store it on your system for later retrieval by the Site.

Cookies record information about your online preferences and allow us to tailor the websites to your interests. Users have the opportunity, using their browser settings, to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time.

Information supplied by cookies and session information can help us to analyse the profile of our visitors and help us to provide you with a better user experience.

How we use personal information

The main purpose for using the information held by SiteWise relates to the health and safety systems of construction businesses. All contractors must complete an initial assessment questionnaire. The purpose of collecting this information is to allow assessment by Site Safe which is then used to verify health and safety system competence on SiteWise. The database enables main contractors and project management organisations to view the information, allowing an efficient streamlined tendering and procurement process.

We may also use your personal information for the following purposes:

(a) to reply to your queries;
(b) to comply with relevant laws and regulations;
(c) for any specific purpose which we notify you of at the time your personal information is collected; and
(d) for our administrative purposes.

We may disclose information about you (including your identity):

(a) to main contractors and project management organisations;
(b) to a third party if we are required to do so in the course of legal proceedings or other investigations;
(c) to our service providers to the extent required to provide our information or services to you;
(d) to any person you authorise us to disclose information about you to; or
(e) if we determine that the disclosure is necessary in connection with a complaint regarding your use of our information or services.

How we store personal information

We store personal information electronically and in paper based form. The personal information is kept safe and secure using generally accepted standards of security.

How you can access/amend your personal data

To access the personal information being held by SiteWise, or to request a copy, or to request a correction to that information, please contact the privacy officer on privacy@sitewise.org.nz.

If you request access to, or a copy of, your personal information, we will provide you with a copy of the personal information we keep about you. If you request a correction and we agree that your personal information needs correcting, an amended record of your personal information will be provided back to you.

How long we hold personal information

We will keep your personal information for only as long as necessary for use in connection with the purpose for which it was collected.

Amendments to the Privacy Policy

From time to time it may be necessary for us to renew or revise this privacy policy. We reserve the right to change or replace this privacy policy at any time. Changes to, or any replacement of, this privacy policy will be posted on our website.