Terms and Conditions - Safe Ministry Check

Terminology
1. “Course(s)” means the online Safe Ministry Check course(s), including the videos and scripts as amended from time to time.
2. “Trainee Management Tool” means the Safe Ministry Check online application used by an Entity to oversee their associated Trainees progress through the Courses.
3. “Services” means the provision of the online Courses, the Trainee Management Tool and any of the services performed by us in connection with our website.
4. “Entity” means the organisation or legal entity that has been registered to use the Trainee Management Tool and Courses.
5. “Entity Representative” and “Representative” means the person who registers an Entity.
6. “We”, “our” and “us” refers to Safe Ministry Check.
7. “Account Credits” means the credits used to cover the cost of Courses provided under the Plan.
8. “Trainee” means a natural person which is the individual that undertakes a Course, or is registered as a Representative of an Entity.
9. “Paying Entity” means an Entity that pays for the Services on behalf of the Trainee with Account Credits.
10. “Paying Trainee” means an Individual who personally pays for the Services.
11. “Plan” means the annual plan for Services provided by us.
12. “Privacy Policy” means the Safe Ministry Check Privacy Policy available on our website.
13. “Terms” means these terms and conditions as amended from time to time in accordance with these Terms.
General
1. We provide Courses for individuals involved in churches and religious institutions. The Courses aim to outline the appropriate behaviour of volunteers, and to assist Individuals to identify signs of abuse, and how and when to report and respond to abuse and inappropriate behaviour in their associated Entity.
2. We also provide Trainee Management Tools for Entities to help with the Course progress oversight and verification of Individuals with relevant government authorities, if required.
3. The Entity shall register for the Services and invite Trainee(s) to undertake Courses as their associated Trainees. The Entity shall elect whether it is a Paying Entity or whether an Trainee will be a Paying Trainee.
4. These Terms plus any implied terms which cannot be excluded are the whole agreement between the Entity and us. An Entity will be deemed to have accepted these Terms and they will apply to the exclusion of all others.
5. We may vary these Terms by providing written notice to the Entity Representative (by email, conventional mail or by posting the amended terms on our website). If we change any material Terms for an existing registration that has been accepted by us, you may elect to cancel the Services within 30 days of being given notice of the changes. If no action is taken, you will be deemed to have accepted the amended Terms.
6. These Terms shall be governed by and interpreted according to the laws of New South Wales and the Entity consents and submit to the jurisdiction of the Courts of New South Wales.
7. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.
8. All monetary amounts described on our website are exclusive of GST.
Entities
1. We reserve the right to deny the Services to an Entity for any reason.
2. The Entity may subscribe to any of the available Plans provided by us on our website.
3. Paying Entities must make payment via the payment method provided on our website.
4. We will process the Paying Entity’s payment and issue Account Credits to the Paying Entity that relates to Plan and options elected by the Entity. Account Credits will only be deducted from the Paying Entity upon the successful completion of a Course by an Individual.
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.
6. If we vary our Plan offering, we will provide Entities with a similar or better value than the Plan they were subscribed on.
7. If the Entity finishes the included Account Credits in the Plan, any Courses completed by the Entity’s Trainees will accrue a bill at the rate provided in the subscribed plan, which the Entity will be charged for at the end of their subscription period.
8. If an Entity wishes for us to verify an Trainee with a relevant government authority, it may be required to register as a child-related employer with that relevant government authority and make us aware of any details required to verify Trainees.
9. 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.
Paying Trainees
1. Paying Trainees must provide credit card details before commencing a Course.
2. Payment will be processed upon successful completion of a Course by the Paying Trainee.
3. We reserve the right to deny the Services if the Trainee does not provide payment details, and reserve the right to withhold Trainee data from the Entity and the Paying Trainee if payment is not successfully processed.
Cancellation
1. A Trainee may cancel a Course at any time prior to completion.
  1. If a Trainee provided payment details and cancels a course, no payment will be deducted from the Paying Trainee’s Credit Card and no Account Credits will be deducted from the Paying Entity.
  2. Once a course has been completed, neither the Entity nor the Paying Trainee are entitled to a refund. The Courses and associated charges cannot be cancelled after the completion of a Course.
2. An Entity may cancel its subscription to the Services through its Representative at any time, whereupon:
  1. none of the stored data will be available to that Entity or it’s associated Trainees;
  2. no further reports about Trainees and verification checks will be issued;
  3. Any unused Account Credits will be forfeited without exception;
  4. Any outstanding Course fees will be processed immediately.
Acknowledgements and Warranties
1. Where it is lawful to do so, our liability for a breach of a condition or warranty is limited to the resupply of the Services or equivalent services.
2. The Entity acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of professional advisers retained by it to provide advice and assistance on the suitability of the Services for specific purposes and, in this respect, 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.
3. The Entity acknowledges and agrees that:
  1. we may refuse to allow the Entity to register or refuse to allow an Individual to undertake the Services in our absolute discretion;
  2. in relation to technology:
    1. we rely on internet services provided or controlled by third parties;
    2. at times, actions or omissions of such third parties can impair or disrupt our connections to the internet;
    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 cannot guarantee that such events will not occur;
    4. we do not warrant that the Services will be uninterrupted, error-free, or completely secure;
  3. the Courses do in no way guarantee that a Trainee will behave in a certain way or report according to the literature, policy or legal requirements imposed upon them and/or their Entity;
  4. completion of the Course does not protect or insure the Entity against any claims relating to the behaviour of an Trainee;
  5. any agreement between the Entity and its insurance company is separate in every way from the Services;
  6. we do not guarantee the accuracy of information received from the Entity, Trainees and any other users, nor do we guarantee the accuracy of information received and passed onto the Entity from any government department or third party.
4. The Services are provided on an “as is” basis. To the fullest extent permitted by law, we exclude all liability:
  1. resulting from, or relating to, any event outlined in clause 6(3), which includes, without limitation:
    1. direct loss, loss of profits, damage caused to the Entity or Trainee’s computer or software systems, loss of data, or incorrect data;
    2. 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. for any warranties or expectations which are or may be provided by any affiliates or 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;
  4. in the event that the Entity does not meet the appropriate legal requirements placed upon it by a relevant government or authority.
Indemnity
1. The Entity shall release and indemnify us from any claims, demands, losses, actions, liability, expenses and costs incurred by it caused by:
  1. a real or perceived lack of availability or functionality of the Services or non-performance of the Courses for other reasons, provided that this is not caused by gross negligence or wilful default by us;
  2. non-acceptance of registration or the provision of the Services by us; and
  3. any assertion of claims under warranty, claims for damages or other claims with regard to the Services, including any negligent or wilful act or omission or such act or omission of any Trainee(s), volunteers, employees, agents, servants, contractors that use the Services, or others for whom the Entity is legally responsible.
Privacy
1. We are committed to protecting the privacy of Individuals. Only our authorised officers can access the information on our system, and it is only used for the purposes disclosed in the Privacy Policy.
Website Links
1. The Entity must not, and must ensure that an Trainee does not, create links to any part of our website, other than the home page at www.safeministrycheck.com.au, unless we request that it provides a link or it receives written permission from us to do so.
2. Our websites may contain links to other websites. These links are provided solely for the Entity’s convenience. We do not monitor or review the content of third party websites which are linked from our site. Opinions expressed or material appearing in such sites are not necessarily shared or endorsed by us.
3. If the Entity or an Trainee submits personal information to or via any linked website, the privacy principles applying to that information are outside our control. The Entity should check, and should ensure that an Trainee checks, the privacy statement of the linked website before submitting information to or via that site.
4. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from the interaction with third parties linked from our site.
Intellectual Property
1. All intellectual property relating to the Services belongs to us at all times, 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 or otherwise use or distribute our intellectual property, except as permitted by us, 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 intellectual property rights.