1.1 Important words and definitions

In these Terms:

• HIA, we, us or our means Housing Industry Association Limited ACN 004 631 752.
• You, your or Customer means the individual or organisation that purchases the HIA SafeScan subscription.
• Agreement means these HIA SafeScan Terms of Service.
• Access Commencement Date means the date on which HIA provides the QR Code to you enabling access to HIA SafeScan.
• Customer Information means business details, logos, contact information, nominated site personnel and email addresses supplied by you for set up of the service.
• Customer Data means information submitted through HIA SafeScan, including completed forms, photographs, videos and related information.
• QR Code means the unique scannable code issued by HIA to access HIA SafeScan.
• Respondent means any contractor, worker or visitor who scans the QR Code and completes a form.
• Subscription Term means the 12 month access period described in clause 1.3. 

1.2 Starting a Subscription and Access Commencement

• HIA SafeScan is purchased through a manual or offline ordering process facilitated by HIA.
• Your subscription is established once:
  • HIA has received full payment; and
  • you have provided all required Customer Information.
• HIA will then use reasonable efforts to configure the service and provide the QR Code as soon as practicable, and in any event within two weeks, after receiving the above.
• HIA is not responsible for delays caused by incomplete, inaccurate or late information supplied by you.

1.3 Subscription period

• Your HIA SafeScan subscription grants you access for twelve (12) months from the Access Commencement Date.
• Payment alone does not commence the Subscription Term.
• Renewal of access, if available, requires a new order and payment.

2.1 Grant of licence

• Your subscription gives you a non exclusive, non transferable, time limited licence to access and use HIA SafeScan for your internal business purposes in accordance with these Terms.
• You may permit contractors, workers, clients and other third parties to access HIA SafeScan solely for the purpose of completing WHS forms on your sites.
• You are responsible for all use of HIA SafeScan by any such third parties, whether or not that use is authorised by you.

2.2 What HIA SafeScan provides

• Scanning the QR Code provides access to a customer specific landing page displaying either four (4) or six (6) WHS forms selected by HIA.
• The landing page may be customised using Customer Information supplied by you.
• Completed forms are submitted electronically to an email address nominated by you.

2.3 No WHS Advice

HIA SafeScan:

• is not a WHS management system;
• does not constitute professional advice
• does not ensure compliance with WHS laws;
• does not transfer, reduce or discharge any statutory obligations; and
• does not replace site specific risk assessments, supervision or professional advice.

All WHS duties remain with the relevant duty holders, including:

• PCBUs, 
• principal contractors, 
• employers, 
• officers; and 
• workers. 

3.1 Acceptable Use

• HIA SafeScan may only be used for legitimate purposes related to WHS management on sites authorised by the Customer.
• You must not use HIA SafeScan:
  
  • as a substitute for required WHS management systems or supervision;
  • to submit false, misleading, back dated, or incomplete information;
  • to create false impression of compliance; or
  • to breach any applicable laws.

3.2 QR Code responsibility

• You are solely responsible for:
  • displaying the QR Code at construction sites;
  • ensuring it remains accessible and legible; and
  • encouraging or enforcing its use by workers, contractors and visitors.
• HIA is not responsible where individuals forget, refuse or fail to scan the QR Code or submit forms.

3.3 Customer responsibility

• You warrant that all Customer Information provided for the configuration of HIA SafeScan is accurate, current and complete.
• HIA may rely on Customer Information as provided and is not responsible for any errors or outcomes arising from inaccurate or outdated information.

4.1 Ownership and use of data

• You retain ownership of Customer Data.
• You grant HIA a non exclusive right to host, process and transmit Customer Data solely for the purpose of providing HIA SafeScan.
• HIA does not review, verify or validate Customer Data and is not responsible for its accuracy or adequacy.

4.2 Third party storage

• HIA SafeScan may include a link to a third party cloud storage service nominated by you (for example Dropbox or OneDrive).
• HIA does not:
  • host;
  • control; or
  • verify any content stored in third party systems, and is not responsible for their availability, security or content.

5.1 Payment

All fees are payable in advance.

5.2 No refunds

Except where required by law, no refunds are provided, including where the service is not used or only partially used during the Subscription Term.

• All intellectual property rights in HIA SafeScan, including software, forms, templates and functionality, remain the property of HIA.
• Artwork and designs used in HIA SafeScan Custom Site Signs are owned by HIA. You may use such materials only in connection with HIA SafeScan and must not reproduce or modify them for any other purpose.

• HIA may suspend or terminate your access to HIA SafeScan if:
  
  • fees are not paid;
  • you breach these Terms; or
  • suspension is reasonably required to protect the service.
• Termination does not affect accrued rights or obligations relating to:
  • WHS responsibilities;
  • intellectual property; or
  • Customer Data.

• To the maximum extent permitted by law, HIA SafeScan is provided “as is” and “as available”.
• HIA is not liable for:
  • any failure to meet WHS obligations;
  • reliance on completed forms or submitted information; or
  • acts or omissions of Respondents or other third parties.
• Nothing in these Terms affects rights that cannot be excluded under the Australian Consumer Law.

9.1 Changes to this Agreement

• From time to time, HIA may amend these Terms by publishing updated terms. on its website or otherwise making them available to you. Where reasonably practicable, HIA will provide notice of material changes. 
• Continued use of HIA SafeScan after the updated Terms take effect constitutes acceptance of those changes.

9.2 Additional terms

As mentioned above, your use of HIA SafeScan is also governed by, HIA’s Website Terms and Conditions, and Privacy Policy, which form part of this Agreement.

9.3 Governing law

These Terms are governed by the laws of the Australian Capital Territory.