Terms and Conditions
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. 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. 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.
(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 you authorise us and our authorised assessors the ability to use your User Content for the purposes of your assessment and statistical purposes.
By posting or uploading any User Content to this Site or providing any User Content to us, you automatically and irrevocably agree that:
(b) you have obtained all necessary permissions and licenses for any third-party materials necessary for us to use in accordance with the above statements.
Your privacy is important to us. As outlined in ‘Section 16. Private Policy’, the policy governs our collection, use and disclosure of your personal information in accordance to our obligations and your rights. We do not distribute, sell or copy any material.
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.
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.
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.
(a) To the fullest extent permitted by law:
- 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
- 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.
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.
15. Contacting us
(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.
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 firstname.lastname@example.org.
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.