Terms and Conditions

Terms of Use

The SiteWise product and website application, including the information it stores on behalf of members (Website), 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 Website is governed by these terms of use. By accessing and browsing this Website 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 Website, 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 Website.

(b) You may access, view, reproduce, use and print the content on this Website (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 Website, you must get our prior written consent. You may not use this Website, or the Content, for any other purpose or in any other way. We reserve the right to prohibit links to the Website, and you agree to remove or cease any link upon our request. You may not frame any part of the Website 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 Website (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 Website 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 these terms of use; and

(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. Privacy 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 Website 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 (Section 16).

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 sitewise@sitesafe.org.nz prior to your annual registration date. Your annual registration date will be the anniversary of your initial registration.

(c) In the event of over-payment 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 Website, or from any content or messages posted or transmitted by you on or through the Website.

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 Website or the Content are excluded; and
  2. neither we or 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 Website 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 Website 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 Website (including your 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 Website 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 Website, but without otherwise notifying you, so you should check and read these terms of use regularly. By continuing to use this Website 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 Website or these terms of use, please contact us.

16. Privacy Policy

All privacy policy information should be read in conjunction with the Privacy information of our Site Safe New Zealand website, and applies to the SiteWise product and any services Site Safe New Zealand provides.

We may modify or amend this Privacy Policy from time to time by posting an updated version on our website.  By continuing to use the Website or any of our products and services you consent to any such modifications or amendments.

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

The Privacy Policy explains:

  • how we collect information;
  • the kind of information we collect;
  • how we use, and may share, your information;
  • how we use cookies and log files;
  • responsibility for information collected through linked third-party websites;
  • how you can access/amend your information;
  • how long we hold information; and
  • who you can contact for further information.

How we use, and may share your personal information

The main purpose for using the information held by SiteWise relates to the health and safety systems of contractors’ 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.

How we store your 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 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@sitesafe.org.nz