Terms & Conditions
WORKPLACE EMERGENCY MANAGEMENT MANUAL TERMS AND CONDITIONS
These Terms and Conditions are Binding
These terms and conditions are attached to the sale of the Workplace Emergency Management Manual ("the Manual") by the Metropolitan Fire and Emergency Services Board ("the MFB") to you or your nominated organisation. By clicking "I accept", you agree to be personally bound by these terms and conditions (if you enter into this agreement personally), or that the nominated organisation is bound by these terms and conditions (if you enter this agreement on behalf of the nominated organisation). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind the entity to these terms. References to "you" or "your" are references to your nominated organisation, if you have entered into this agreement on its behalf, or to you personally, if you enter into this agreement personally.
If you breach these terms and conditions, the MFB reserves its right to take appropriate legal action against you (including injunctive or other equitable relief).
These terms may be varied in accordance with clause 7 below.
Purpose of the Manual
1.1 The Workplace Emergency Management Manual website ("Website") uses online tools that prompt you to provide certain information. The Manual is then made up of content provided by the MFB ("MFB Content"), and content provided by you using the online tools (e.g. names of fire wardens, site maps) ("Your Content"). You acknowledge and agree that:
- (a) the sole purpose of the Manual is to assist small to medium Australian workplaces (of less than 100 occupants) put in place procedures to help create a safe and planned response to emergencies; and
- (b) the Manual is not intended to be used as an alternative or replacement to seeking actual assistance by the fire service in your local area. In the case of emergency, please telephone your national emergency response number (e.g. Australia "000").
The MFB Content promotes planning and a practised response by trained personnel to minimise risks and the potential for irrational behaviour during an emergency situation.
Workplaces will be able to develop their own customised emergency procedures for the safety of their employees and the community.
The MFB Content will assist your management to develop:
- an Emergency Planning Committee;
- the Emergency Control Organisation (warden structure); and
- emergency management procedures.
The MFB Content has been created by reference to the AS3745 — 2002 "Emergency control organisation and procedures for buildings, structures and workplaces" Australian standard ("the AS3745 Standard"). The MFB content may change. Whilst the MFB will endeavour to provide notice ahead of any changes to the MFB content, it is not under any obligation to do so.
2.1 You acknowledge that the Website and the Manual are designed for small to medium businesses / organisations with an occupancy not exceeding 100 people. It will apply to the majority of building classes, however, it is not designed for health care facilities, dangerous goods classified sites, residential buildings (with no warden structure) or any building with a large occupancy capacity generally exceeding 100 people ("Excluded Structures"). You agree not to use the Manual in relation to any of these Excluded Structures and you will indemnify the MFB from and against any and all claims, expenses, losses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) arising out of or in connection with such use by any person.
2.2 If you do not have authorisation, you must not use the Website to:
- a) access or use any data, systems or networks belonging to MFB or other users of the Website;
- b) probe, scan or test the vulnerability of a system or network;
- c) breach any security or authentication measures for a system or network; or
- d) attempt to gain access to the account of any other user of the Website.
3.1 The information on the Website (including but not limited to the MFB Content) is provided on an "as is" and "as available" basis and you use the Website and information supplied by the Website at your own risk. Your Content, either on its own or when combined with the MFB Content, may not be compliant with the AS3745 Standard, or may make the Manual not compliant with the local laws, regulations and guidelines applicable to your State or Territory. You acknowledge and agree that:
- a) with or without Your Content, the Manual may not be suitable for the particular premises nominated by you;
- b) the proper utility of the Manual is based upon the completeness, accuracy and suitability of Your Content for the particular premises nominated by you;
- c) the Manual is to be read in conjunction with the relevant laws, regulations and guidelines applicable to your State or Territory, and is not to be used as an alternative or replacement to seeking actual assistance by the fire service in your local area; and
- d) the Manual is not intended to be used in premises located outside Australia.
3.2 The MFB does not represent that the Website and online store from which you purchase the Manual will be error-free or uninterrupted, nor does it warrant that files you download will be free of viruses or contamination or destructive features.
Limitation of Liability and your Indemnity
4.1 To the extent permitted by law, and subject to clause 4.2, in no event will the MFB (including its employees, agents and sub-contractors) be liable to you, whether in tort (including negligence), under statute, in contract or otherwise for:
- a) all direct or indirect loss, costs, damages, charges or expenses;
- b) direct or indirect damage and destruction, or loss of use of, all property real or personal;
- c) personal injury (including illness and disability) or death of any and all persons;
- d) loss of revenue and profit;
- e) loss of business and loss of goodwill;
- f) loss or corruption of data or information; or
- g) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; arising out of or in connection with your access to or use of the Website, any linked website, or your reliance on any information obtained through the Website (including but not limited to the MFB Content and the Manual).
4.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into this agreement is excluded. Where legislation implies into this agreement a term that cannot be lawfully excluded or modified ("Non-excludable Term"), the liability of the MFB for breach of any Non-excludable Term will be limited, at the MFB's option, to one or more of the following:
- a) in the case of services, the resupply of, or payment of the cost of resupplying, the services; and
- b) in the case of goods, the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods or the repair of the goods or the payment of the costs of having the goods repaired.
4.3 To the extent lawfully permitted, each party's total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.
4.4 You agree to indemnify the MFB from and against any and all claims, expenses, losses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by the MFB and arising out of or in connection with use of the Manual in circumstances in which the Manual is not fit for the purpose for which it was intended owing in part or in full to:
- a) the inaccuracy, incompleteness or unsuitability of Your Content;
- b) the unsuitability of the Manual for the premises nominated by you;
- c) any negligent act or omission or wilful misconduct of you or any of your representatives, employees, personnel, agents or contractors; or
- d) use of the Manual in places outside Australia.
5.1 You must only utilise the User ID to access information which relates to your account. The User ID is issued to you for the sole purpose of authorising instructions or requests using the Manual and any other use is prohibited.
5.2 The MFB is entitled to rely on the User ID as conclusive evidence of your identity and authority without further investigation. You are entirely responsible for:
- a) all instructions or requests authorised by the User ID; and
- b) any loss caused by the use of the User ID by you or any other person.
5.3 You must comply with all directions issued by the MFB pertaining to use of the User ID and access to the Manual. You will be responsible for providing the hardware, software and all other equipment necessary to access the Internet and must not send or disclose the User ID or password to any other person or entity or store it in a manner that would enable another person or entity to obtain access to the User ID, except as specified in clause 5.5 below.
5.4 If you choose to use a workplace e-mail address to communicate with the Manual, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to your use of the Internet in your workplace.
5.5 You must not keep the User ID and password (encoded or unencoded) in any location where it may be capable of being copied or used by an unauthorised person, or disclose the User ID or password to any other person, other than:
- a) your authorised representatives, where you're acting as an individual; or
- b)another employee of your nominated organisation, where you're acting as an authorised representative of an organisation, provided that such other employee agrees to comply with these Terms and Conditions; and
- at all times you must take reasonable precautions to keep any device in which the User ID is stored physically secure and protect the device from viruses or programs which might make the User ID on the computer accessible to unauthorised third parties.
5.6 You must immediately notify the MFB if you become aware:
- a) that the User ID or password has been compromised or is known to an unauthorised third party; or
- b) of any unauthorised use of the User ID or password. For the avoidance of doubt, notice provided by you under this clause 5.6 does not release you from your responsibilities under clauses 5.1 to 5.5.
5.7 You acknowledge that the MFB may disclose information relating to products and/or services acquired by you to any person identifying themselves by means of the User ID.
5.8 You must not use the User ID or the Website to breach any law or fraudulently obtain, or attempt to obtain, goods or services from the MFB or any other person.
Termination of Access
6.1 The MFB reserves the right to suspend or cancel your User ID or password at any time without notice to you and/or to discontinue your access to the Website and/or Manual at any time for any reason.
6.2 If the MFB cancels your User ID or password or discontinues your access to the Website and/or Manual it will refund a percentage of your Registration Fee (calculated by reference to the amount of time remaining on your Registration Licence), except in circumstances where the cancellation is owing in part or in full to a breach by you of these terms and conditions. You agree that this is your sole remedy under this clause 6.
6.3 Any cessation of access by the MFB to the Website will not affect the operation of any agreement governing the supply of goods and/or services acquired through the Website prior to the date of cessation, including this agreement.
Variation of these Terms and Conditions
7.1 The MFB may vary, amend or add to these terms and conditions at any time. Your subsequent use of the User ID (and ensuing purchase of a Manual) will be governed by the Terms and Conditions as varied from that day forward. Without limiting the MFB's ability to give notice by any other means, you will be deemed to have:
- a) received notice of such changes when the MFB places a notice on the Website setting out the changes; and
- b) agreed to the terms and conditions as varied the next time you use your User ID after publication of the relevant notice on the Website.
7.2 If you do not agree to the changes as notified by the MFB under clause 7.1, then prior to you using your User ID you may notify the MFB by email at wemmanual@MFB.vic.gov.au. Where the proposed changes have a material adverse effect on your rights (in the MFB's reasonable opinion), the MFB will refund a percentage of your Registration Fee in accordance with clause 6.2. You acknowledge that upon receipt of the refund this agreement is at an end and the MFB will discontinue your User ID.
8.1 You acknowledge and agree that the MFB and its licensors will remain at all times the owner of all intellectual property rights (including but not limited to copyright) subsisting in the Website and the Manual (including text, graphics, logos, icons, and advertisements) and that you have no rights, and will not acquire any rights in respect of the same except as licensee subject to these terms and conditions. The MFB grants you a non-exclusive, non-sub-licensable licence to reproduce the Manual for the intended purpose set out in clause 1.1 within the nominated premises.
8.2 Without limiting the foregoing, you must not without written permission from the MFB on-sell information obtained from the Website.
8.3 For the avoidance of doubt, any intellectual property rights subsisting in:
- a) Your Content, remains owned or licensed by you or your licensees and you agree to grant the MFB, its licensors and sub-contractors a non-exclusive licence to reproduce Your Content for the purposes of providing the Manual; and
- b) any amendments, modifications and adaptations of the Manual whether approved or not by the MFB vests in the MFB upon creation. Only those amendments, modifications and adaptations made in accordance with the online tools via the Website are deemed to form part of the licence granted by the MFB above.
8.4 You warrant that any reproduction of Your Content in the Manual will not infringe the intellectual property and other rights of third parties (such as privacy or publicity rights), and you agree to indemnify the MFB from and against any and all claims, expenses, losses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) arising out of or in connection with a breach of this warranty by you.
8.5 The MFB reserves all rights and disclaims all liability for any use of the Manual by you or any other person (whether or not authorised by you), not authorised by the MFB pursuant to these terms and conditions. You must indemnify the MFB against any claim made by any person arising out of or in connection with such use. viii.Linked Websites The Website or Manual may reference or link to third party sites on the internet. The MFB has no control over these sites or the content within them. The MFB does not endorse the content of any third party site, nor does it warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you acknowledge and agree that you will not make any claim against the MFB for any damages or losses, whatsoever, resulting from your use of another site.
10.1 You consent to your personal information being used and/or disclosed for any reasons given to you by the MFB in relation to the collection or use and disclosure of your personal information. The MFB undertakes to comply with the terms of its Board Policy which can be viewed in full here http://www.mfb.vic.gov.au/About-Us/Policies/MFB-Privacy-Policy.html
In addition, the MFB undertakes to comply with the following statement which is specific to your use of the Website to purchase the Manual. This statement does not apply to linked websites. It would be advisable for you to read the privacy statement of other sites so that you are aware of their content.
10.2 General Requests
When you are carrying out a transaction or simply making a query the MFB may ask for information such as details about yourself or your company in order that the MFB can better tailor its services to your needs and to provide you with information about a range of the MFB services you might be interested in. The MFB may also conduct voluntary surveys or request other voluntary information from time to time. These surveys provide the MFB with other important information that allows improvement in the types and quality of services offered and the manner in which those services are offered. It will always be clear whether information that is requested is mandatory or voluntary.
10.3 Navigation Information
Each time you visit the Website, anonymous navigation information is collected by our servers. This information includes:
- a) the type of browser and operating system you are using;
- b) the address of the referring site (i.e. the previous site you had visited) and the website you leave our site to visit;
- c) the date and time of your visit and your server's IP address (a number which is unique to the machine); and
- d) the address of the pages you accessed.
This provides the MFB with information about how the Website is used and navigated, including the number of hits, the frequency of visits and the duration of visits to each page on the site. It does not personally identify individual users.
10.4 What Happens with your Personal Information?
Personal information is collected for the primary purpose of creating the Manual specific to your workplace (for example, the names of your wardens). The personal information collected from you at this site is or may also be used:
- for credit verification purposes;
- for billing purposes;
- to maintain your account;
- to notify you about the MFB's new services or promotions from time to time;
- to notify you about the new services or promotions of affiliates of the MFB from time to time;
- to provide customer support; or
- to provide you with the products, services or information you have requested.
Aspects of these functions may be outsourced to third parties, who are only authorised by the MFB to use this information for these purposes. The accuracy of information will depend on the accuracy of information supplied by you. Your consent to the MFB using the information provided by you for the above purposes is implied unless you notify us that you object. If at any time you no longer wish to receive email or postal communications from the MFB or from third-party affiliates you can email the MFB at email@example.com any time to make this request.
In accordance with the Board Policy, where you request access to any of your own personal information, we shall endeavour to provide this access within 45 days. If we deny access we will provide reasons. We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Information collected on this site may also be combined and de-identified to provide the MFB with anonymous demographic and usage information. The MFB can then use this aggregated information to develop new and/or more appropriate services and products to offer to its customers. This information may also be provided to third parties.
The MFB considers it the responsibility of parents to monitor their children's use of the Website. Nevertheless, it is the MFB's policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.
Wherever it is lawful and practicable, you will be given the option of not identifying yourself when entering transactions with us. However credit card details are required in order to purchase the Manual online. Further, if you do not wish to provide us with personal information where requested, the Manual may be incomplete or unsuitable for the purpose for which it has been created.
10.6 Transborder Data Flows
10.7 Sensitive Information
Subject to certain exceptions permitted by law, we will not collect sensitive information about your or other persons within your organisation without yours or their consent. Sensitive information means information or an opinion about an individual's racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record and unique identifiers (e.g. tax file number or drivers licence).
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
If a term of this agreement is void, voidable, unenforceable or the invalid part severed, the remainder of the agreement will not be affected.