Terms and Conditions

Terminology
1. “Course(s)” means the online Safe Ministry Check educational and training course(s), including all associated videos, questions, answers, and scripts as updated from time to time.
2. “Entity” means the organisation, individual, Trainee or other legal entity that has been registered to use the Services.
3. “Entity Representative” and “Representative” means the person authorised to register an Entity to use the Services.
4. “Paying Entity” means the Entity that pays for the Services, whether or not that Entity is also a Trainee.
5. “Plan” means the pricing and payment plan option selected by the Entity from time to time with corresponding prescribed Services provided by us.
6. “Privacy Policy” means the Safe Ministry Check Privacy Policy available on our website.
7. “Services” means the provision of the online Courses, the Trainee Management Tool, Screening, and any other services performed by us for an Entity via our website.
8. “Terms” means these terms and conditions as amended from time to time.
9. “Trainee” means a natural person who undertakes a Course, whether or not that person is also an Entity Representative or Paying Entity.
10. “Trainee Management Tool” means the Safe Ministry Check online application used by an Entity to oversee their associated Trainee(s)’ progress through the Courses and Screening.
11. Screening means the activities performed by us to procure Trainees’ background information, including from third parties, and providing that information to Entities to enable them to determine the Trainees’ suitability for work.
12. “We”, “our” and “us” refers to Safe Ministry Check ABN 58 128 535 669.
Provision of the Services
1. The Trainee Management Tool provides Entities with oversight of Trainees’ Course progress and facilitates Entities’ oversight of Screening related to Trainees.
2. The Entity (or its Representative) registers for the Services and is responsible for inviting Trainee(s) to undertake Courses (or other Services) as the Entity’s associated Trainee(s).
Payment for Services
1. The Paying Entity will make payment in accordance with the selected Plan. Payment is due and will be charged monthly in arrears for Services actually utilised during any calendar month.
2. Paying Entities must make payment via one of the payment methods provided by us on our website. Paying other than via credit card may incur additional charges.
3. We reserve the right to restrict access to the Services if the Entity does not provide payment details or if payment is not successfully processed.
4. We reserve the right to deny the Services to an Entity, and/or to terminate a registration, for any reason and the Services are provided in our sole discretion.
5. The Entity acknowledges that we may, from time to time, vary our Plan offering and all updated Plans will be available on our website. If we vary our Plan offering, Entities will receive a Plan of equal or better value than the Plan they were originally subscribed to.
Cancellation
1. An Entity or Trainee may cancel a Course at any time prior to completion. Once a Course has been completed, no Entity is entitled to a refund.
2. An Entity may cancel its subscription to the Services at any time.
3. When the Services to an Entity ends (whether Cancelled by the Entity or by us);
  1. All data associated with that Entity, including all their associated Trainees and the Trainees’ data will no longer be available to that Entity or their Trainees.
  2. All outstanding fees for Services performed prior to the cancellation will be processed for payment.
Acknowledgements and Warranties
1. We make no representation that any Trainee will behave ethically, morally, or in accordance with the law, the Entities’ own policies or directions, or the Course content.
2. The Entity acknowledges that it is solely responsible for the conduct of its employees, volunteers, servants, or agents, including that they are adequately trained for their roles, despite the Services provided by us.
3. The Entity has relied on its own skill and judgment regarding the suitability of the Services for the Entity’s specific purposes and, in this respect, we are under no obligation to inquire into the suitability or usefulness of the Services to any Entity.
4. The Trainees acknowledge that they are wholly responsible for their own conduct, despite the content of the Courses and any of the Services.
5. The Entity acknowledges and agrees that:
  1. we rely on internet and other technology services provided or controlled by third parties;
  2. actions or omissions of such third parties, and other events beyond our control, can impair or disrupt our connections to the internet and other technology services;
  3. although we will use commercially reasonable efforts to take actions we deem appropriate to remedy and avoid such events with respect to the Services, we do not guarantee that such events will not occur;
  4. we otherwise do not warrant that the Services will be uninterrupted, error-free, or completely secure;
  5. we do not guarantee the accuracy of information received and passed onto the Entity from any Trainee, government department or third party.
Exclusion of liability
1. To the maximum extent permitted by law, we exclude all liability:
  1. resulting from, or relating to, any event which includes, without limitation:
    1. direct loss, loss of profits, damage to reputation, the issue of civil or criminal proceedings or any other direct or indirect consequential or incidental damage or harm incurred by the Entity, the Trainees or any third parties;
    2. damage caused to the Entity or Trainee’s computer or software systems, loss of data, or incorrect data;
  2. for any warranties or expectations which are or may be provided by any third party regarding the Services;
  3. in the event that an insurance company refuses to insure, cover, or pay-out a claim in relation to a Trainee or the Entity;
2. The Services are provided on an “as is” basis.
Indemnities and limitations
1. The Entity shall indemnify us from and against any suit, claim, demand or compensation which, but for these Terms, it may have had against us.
2. The Entity shall further release and indemnify us from any claims, demands, losses, actions, liability, expenses and costs incurred by its associated Trainees, or any third parties, caused by:
  1. lack of availability or functionality of the Services or non-performance of the Courses for any reason, provided that this is not caused by gross negligence, fraud, illegality, or wilful default by us;
  2. cancellation and/or non-acceptance of registration or the provision of the Services by us;
  3. any claims under warranty, damages or otherwise with regard to the Services;
  4. any negligent or wilful act or omission of any Trainee(s), volunteers, employees, workers, agents, servants, contractors that use the Services, or others for whom the Entity is legally responsible; and
  5. any breach of these Terms, including any misuse of the Services, by the Entity, or an associated Trainee.
3. To the maximum extent permitted by law the extent of our liability under statute, common law, equity, contract, breach of a condition or warranty or otherwise at law is limited to either:
  1. the resupply of the Services or provision of equivalent services; or
  2. the consideration paid by the Entity for the Services.
Privacy
1. We are committed to protecting the personal information of individuals. Only our authorised officers can access the personal information on our system, and it is only used for the purposes disclosed in our Privacy Policy.
2. To the maximum extent permitted by law, you indemnify us for any claim arising under breach of privacy relating to the Services, or in relation to any investigation by a governmental authority and you agree to assist us to the extent necessary to facilitate our participation in any such investigation.
Intellectual Property
1. Ownership of all intellectual property and copyright material relating to the Services is maintained by us, including but not limited to all videos, transcripts, examples, trademarks, logos, service marks, trade names, business names, copyrights, designs, patents, processes and other technical know-how, confidential information, inventions, and other rights in industrial property and applications for them or licence agreements or other arrangements under which a person has the right to use any of them.
2. The Entity shall not copy, alter, transmit, reverse engineer or otherwise use or distribute our intellectual property, except expressly for the Services, and shall ensure that their associated Trainees do the same.
3. We shall not be liable to the Entity or the Trainee for any breach of copyright or other misuse of third party intellectual property.
General
1. These Terms represent the whole agreement between the Entity and us.
2. Use of the Services is subject to your agreement with these Terms. An Entity will be deemed to have accepted these Terms on registration.
3. We may vary these Terms by providing written notice to the Entity or Entity Representative (which will be done by posting the amended terms to our website). If we make any material changes to the Terms, you may elect to cancel the Services. You will otherwise be deemed to have accepted the amended Terms.
4. These Terms are governed by and interpreted according to the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the Courts of New South Wales.
5. If any provision of these Terms proves to be illegal or unenforceable under any statute or rule of law that provision is severed without affecting the remaining provisions and they continue in full force and effect.
6. All monetary amounts described on our website are in $AUD and are exclusive of GST.