Terms & Conditions

Welcome!

The following terms and conditions outline what you can anticipate from us and what we expect from you. If you concur with what you read below, tick the box at the end of the contract to verify that you agree. We acknowledge this to be the legal equivalent of your signature on a written contract and equally binding. Only by ticking the box will you be able to access and use the services and products available for purchase on Procure Spot’s E-commerce website.


1. Subscription Service

The subscription option you select will determine which services and products will be accessible to you through Procure Spot’s E-commerce website. You have the choice to purchase services and products as one-off purchases or as part of a monthly subscription (Bronze, Silver or Gold). You should review the subscription options and pricing before signing up to ensure all information is correct before submitting to Procure Spot.

You may elect to change your subscription access or discontinue your account at any time by writing an email to support@procurespot.com. However, please be aware that early termination within the first 12 months will result in a pro-rata exit fee calculation. We reserve the right to modify, suspend or terminate access to our subscription service at any time for any reason without notice or refund, including the right to require you to change your login identification code or password.

If you choose to purchase a monthly subscription, it is your responsibility to ensure you keep valid payment details on your account. Procure Spot will continue to deduct Authorised Subscription Amount plus additional fees incurred for non-valid payment details. Unless indicated, all fees and charges will be in Australian dollars (AUD).

Subscription fees are paid one month in advance and will be billed in the first week of every month. Should you wish to change the frequency and/or billing date, please email support@procurespot.com with your relevant details.

Procure Spot will endeavour to ensure the services and products available on our website are compatible with computers, mobile phones and other handheld devices. Procure Spot shall host the service and may update the functionality, user interface, usability and other user documentation, training and educational information of, and relating to, the service from time to time.


2. Account Registration

In order to access or receive any of our services, you need to register for an account and subscribe to one of our plans. All registration information that you provide must be accurate, current and complete. It is your responsibility to update your information so that all communication – that is notices, statements and other information – can be emailed to you directly or through your account. You are responsible for monitoring your primary email address to ensure it is capable of both sending and receiving messages.


3. Billing and Payment

You agree to pay all fees in accordance with your online subscription form. Unless otherwise specified in your online form, you will pay all amounts in Australian currency. All amounts are non-refundable, non-cancellable and non-creditable.

Fees for orders where you are paying with a credit card, debit card or other non-invoice form of payment are due the month prior to which you received the services. For credit cards or debit cards, as applicable:

1. We will charge you for all applicable fees when due.
2. These fees are considered overdue after the end of the month during which you received the services.

If you have a monthly billing plan or an annual billing plan commitment, we will continue to charge you fees during suspension for non-payment and you must pay all outstanding fees in order to resume use of the services.

4. Refunds and Cancellations

You understand by entering into this agreement that a minimum subscription period of 12 months applies to bronze, silver and gold memberships. Should you decide to cancel your membership before the completion of the 12 month subscription period, an early cancellation fee will be applied. This fee will be determined based on a pro-rata calculation for the remainder of the 12 months. The pro-rata calculation considers the number of months remaining in the subscription term at the time of cancellation.

In the even that you cease operations, declare bankruptcy, become insolvent or are unable to meet your financial obligations, Procure Spot recognises that exceptional circumstances may arise. You may submit a written letter to support@procurespot.com explaining your situation and Procure Spot may consider your circumstances. Procure Spot reverses the right to assess a business’s/individuals financial situation on a case-by-case basis. Please note that a written letter does not guarantee a wavier of the minimum subscription period or cancellation fees.

There is no refund for incorrect selection of any document, including forms, policies, procedures, manuals or Safe Work Method Statements. Once a document has been selected and purchased it is considered final and non-refundable.

It is your responsibility to choose carefully when purchasing from Procure Spot’s website to ensure the accuracy and relevance of your purchase. If, however, Procure Spot conducts an amendment or update of the document 3 months from the purchase date, the revised version may be made available free of charge.

5. Your Obligations

You are responsible for maintaining the confidentiality of your password. Procure Spot is not liable to any loss or damage from your failure to maintain the security of your account.


6. Security

By using Procure Spot’s services and products, you accept that it is your sole responsibility to ensure the confidentiality and security of any information transmitted from or stored on a device, for all transactions and other activities in your name, whether authorised or unauthorised. You understand that use of the services involves transmission of your data over networks that are not owned, operated or controlled by us, and we are not responsible for any of your data lost, altered, intercepted or stored across such networks.

We cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorised third parties will never be able to bypass our security measures or those of our third-party service providers.


7. Sharing Content

When using our service and products, any data, templates, information, content, code, video, images or other materials of any kind you enter remains confidential unless you choose to share materials with Procure Spot and/or other users.

When you choose to publicly share content:

• You warrant that the materials do not misappropriate or breach any intellectual property rights.
• You grant to Procure Spot and/or other users of our technologies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, licence to use, publish, exercise the copyright and other intellectual property rights you have in the materials.
• You agree to allow us to store or re-format the materials and display the materials on the site and in other materials in any way we choose. We will only use personal information in accordance with our privacy policy.
• You are responsible for ensuring that the materials and their use, meaning, effect and placement are not:
  • unlawful, obscene, harmful, inappropriate or of bad taste, 
  • false, misleading, inaccurate or otherwise in contravention of the Competition and Consumer Act (Cth) 2010
  • in breach of any applicable law
  • confidential or infringing upon any third-party’s intellectual property rights
  • defamatory or offensive
  • in breach of these terms
  • infected with viruses or any other computer code, file or program that may interrupt, destroy or limit the functionality of the service, and
  • You indemnify Procure Spot and/or other users against any and all legal fees, damages and other expenses that may be incurred by us and/or other users as a result of a breach by you of the above terms. Without limiting any other remedies available, Procure Spot has the unfettered right to remove, delete or modify any materials that it considers to be inappropriate, at its absolute discretion, without consultation with you.

8. Privacy Policy

Any information you supply to us when using the service will be collected and used by us in accordance with our Privacy Policy. We will present our Privacy Policy to you and to others who may download materials.


9. Disclaimer, Limitation on Liability and Indemnity

Please note the following:

• Procure Spot shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character.

• Procure Spot specifically denies any responsibility for the accuracy or quality of information obtained through its services.

• Procure Spot does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material received or downloaded from our secure, shared drive or website.

• Procure Spot is not a financial adviser. You should consider seeking independent legal, financial, taxation or other advice to check how the information received relates to your unique circumstances.

• Procure Spot is not liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, by use of our services.

• Products and services purchased from Procure Spot’s E-commerce website have been developed using our knowledge, experience and research and must be reviewed to ensure it aligns with your current business practices. Procure Spot are qualified lead auditors who can conduct workshops to customise your system and train your staff to use the system competently.

• Services and products purchased from Procure Spot’s E-commerce website are not ISO certified. Certification to ISO standards is required by an accredited third-party auditor.

• Purchasing individual documents from Procure Spot’s E-commerce website does not fulfil the requirements for a complete management system. To conform with ISO standards, a complete system bundle must be purchased. That is a Quality Management System including a manual, policies, procedures, registers and forms.

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