The website at the domain CIRT.net.au all of their subpages, sub-domains, and other top-level domain variations of these sites (Website) are all owned and operated by CIRT (ABN: 71 643 585 228) (we, us or our).
Acceptance of Terms
In consideration of CIRT granting the License, the Customer will pay CIRT the applicable Fee and other amounts in accordance with Schedule 1, Fees.
The Fee is calculated based on the number of Employees engaged and/or employed by the Customer as assessed on a monthly basis as detailed in Schedule 1.
The minimum Fee payable is based on the agreement.
If any payment remains outstanding for more than 14 days from the due payment date, CIRT may suspend its remaining obligations under this Agreement, including suspension of the Customer’s access to CIRT and in addition may charge interest on any outstanding amount at the rate of the ninety-day bank bill plus 3 percent.
CIRT may increase the Fee by the CPI on the annual anniversary of the Commencement Date and on each subsequent anniversary 12-month date thereafter, or as otherwise agreed in writing between CIRT and the Customer.
The Fee detailed in Schedule 1 (License Fee) is payable subject to the following conditions:
- The Customer agrees that the Fee will be payable on a monthly basis by direct debit.
- The Fee is calculated based on the highest number of Employee records held in CIRT for that month or as per agreement
- All monthly Fees payable will be automatically processed through CIRT’s direct debit system.
- There may be a set up fee for larger entities which will be outlined in Schedule 1.
The intellectual property in CIRT, templates and data are owned by CIRT PTY LTD.
Unauthorised use of any intellectual property in the Website, the Content Management System or the Content will constitute a breach of the Copyright Act 1968 (Cth).
The Content is liable to change at any time. We make no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, usefulness, merchantability, fitness for purpose or safety of any or all of the Content. The Content may contain inaccuracies, errors or omissions. Any use and/or reliance on the Content is at your own risk.
The Content is intended only to provide general information on the subject matter covered. It is not intended to be comprehensive nor should it be relied upon as a substitute for legal advice. You may wish to seek legal advice before acting or relying on any of the Content. We are not liable for any decisions, actions or omissions that you make on reliance on such Content.
You may only access, use and/or print the Content available on the Website for organisation uses. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Content is prohibited unless provided for in the Website Agreement or expressly authorised in writing by us.
Your use of this Website and the Content and/or receipt of any Content is not intended to create, nor does it create an advisory relationship between you and us, or its licensors.
Description of Service
Your Registration Obligations
Information that is disclosed by one party to the other party, and that is marked “confidential”, or which under the circumstances the receiving party ought reasonably to know that the disclosing party treats as confidential information (including this Agreement and all Customer Materials), will be treated as confidential by the receiving party. The receiving party will not disclose to a third party such information or use such information other than for the purposes for which it was provided, without the written consent of the other party. The foregoing limitations do not apply to the extent such information is:
- or subsequently becomes publicly available other than through a breach of these limitations
- already known to the receiving party at the time of disclosure
- developed by the receiving party independent of such information
- rightfully received from a third party without restrictions on disclosure or use.
You acknowledge that CIRT has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CIRT from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. CIRT makes no representations concerning any content contained in or accessed through the Site or Services, and CIRT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CIRT has no control over such sites and resources, you acknowledge and agree that CIRT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CIRT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Restrictions on Use
You must not use or launch or allow any other person to use or launch any automated system including without limitation “robots”, “spiders”, “oﬄine readers” or software yet to be invented, that accesses any part of the Website or Content.
You must not decompile, copy, alter, modify, reproduce, publish, adapt, create a derivative work of, reverse engineer, de-code, interfere with, or in any way disassemble or otherwise the Website or Content.
You must not circumvent, disable or otherwise interfere with security-related features of the Website or Content.
All names, logos and trademarks are owned by us, or the third parties who have contributed to the Website or the Content. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation by us or the relevant third parties.
We do not warrant that the Website or its servers will operate free from any computer viruses or other harmful code. If your use and/or access of the Website or the Content, or if receipt of any Content from the Website, results in the transmission of any computer virus, we will not be liable for any loss or damage suﬀered (including, but not limited to, consequential damages, loss of profits or damages) in connection with or resulting from such use and access.
It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Content are free from viruses and other harmful code before using and/or accessing the Website and any Content.
The Website and Content may contain hyperlinks to other websites owned and operated by third parties (Linked Sites). The Linked Sites are not under our control and we are not responsible for, nor do we necessarily sponsor, endorse or approve of any information or any hyperlink contained on Linked Sites. Any linking to Linked Sites is at your own risk.
You acknowledge that we have no control over, and assume no responsibility for the content, privacy policies or practices of any Linked Sites. We will not and cannot censor or edit the content of any Linked Site.
We make no warranties or representations regarding the quality, accuracy, reliability, completeness, timeliness, merchantability or fitness for purpose of any or all of the information on the Linked Sites.
Your CIRT agreement includes:
- Phone support
- Document revisions
- Document uploads
- Legislation reference updates, Standards and Codes of Practice
- Telephone coaching
- Monthly webinars
- Online training videos
Your CIRT agreement excludes:
- Managing documents that your consultant or organisation manages
- Creating new documents that were outside the original scope of your agreement. This can be completed at fee referenced on the website.
- Specialised documents such as Safe Work Method Statements or Rescue Plans that require a customised solution will be charged at a rate $30 per document.
Limitation of Liability
In no event shall CIRT Or its suppliers be liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
For the purposes of this Agreement, the following are terminating events
A breach by either party of any of fundamental or essential term of this Agreement including Part 4.
- The appointment of any type of insolvency administrator in respect of the property or affairs of either party.
- The entry or proposed entry by either party into any scheme, composition or arrangement with any of its creditors.
- the permanent discontinuance of the CIRT’s Services.
Either party may terminate the Agreement within the 90-day period at the end of the Initial Term or within the 90-day period of any subsequent anniversary of the Commencement Date of the Agreement in writing.
Within a reasonable period of termination, but no later than 60 days from termination of the license, and subject to the Customer having paid all other outstanding Fees and amounts owed under this Agreement to CIRT in full, CIRT will return to the Customer all materials hosted on the CIRT database, including employee records, documents, conversations, custom policies and forms, belonging to the Customer. To the extent possible, such materials will be in a form capable of importation into an alternative system.
All rights expressed to continue beyond termination of this Agreement will continue despite the terms of this clause.
There is a 24-month minimum term for all CIRT subscriptions.
It is assumed that if you do not cancel your subscription 30 days before the end of the 24 months subscription period you will continue for another 12 months.
Acceptance of Terms and Conditions
First month’s payment will include set up fee and monthly fee. Seting up your payment confirms agreement.