1. Website — Terms of Access

  2. Terms of Access to the Website

    This website (“Website”) is owned and operated by Makesure Consulting Pty Ltd (ABN 35 168 163 666) trading as Ratify (“Ratify”, “us”, “we”). These terms and conditions (“Terms”) apply to your use of the Website, any online content contained on or uploaded by you to the Website and any services and software provided by Ratify via the Website (“Services”).

    The Terms also apply to your use of any computer program or software application owned and operated by Ratify running on a mobile device downloaded through a participating App store (“App”). Any reference in the Terms to the Website includes a reference to the App.

    You may only access and use the Website if you accept the Terms by clicking the “I Accept” button at the bottom of this page. If you do not agree to the Terms, you must stop using and accessing the Website immediately.

    The Terms constitute a binding agreement between you (the user of the Website) and us, Makesure Consulting Pty Ltd.

    About the Website

    The Website provides access to an online management platform for the following Services:

    1. to allow individuals to complete, undertake or obtain an induction program, course, training program, qualification, licence, document, policy, security check, medical check or other check or program (“Component”) required or requested by their prospective or current employer, contracting party or another third party; and
    2. to allow employers, contracting parties and other third parties to upload, manage and track Components and ensure that staff have complied with induction requirements.

    Collection of Personal Information

    Our privacy policy, which sets out how we manage your personal information, can be found at https://www.makesure.com.au/privacy/. By using this Website, you consent to your personal information being collected and managed as described in the privacy policy and warrant that all data provided by you is accurate.

    Personal information is information or an opinion (whether true or not) about an identified individual (or an individual who is reasonably identifiable) whether the information or opinion is recorded in a material form or not.

    Ratify is bound by the Privacy Act 1988 (Cth) and is required under APP 5 to disclose to you the following matters:

    1. We are Makesure Consulting Pty Ltd ABN 35 168 163 666 trading as Ratify and you may contact us on info@makesure.com.au ph +61 3 9088 3980 and our address is 5/26-36 High Street, Northcote, Victoria 3070.

    2. We may collect personal information about you other than from you directly, including in the following situations:

      1. we may collect your name, email address and phone number from your prospective or current employer or contracting party for the purposes of providing you the Services such as to allow you to complete a Component on the Website; and
      2. we may collect personal information about the way you use the Website through the use of “cookies.”
    3. We collect personal information about you for the purposes of providing the Services.

    4. We may disclose your personal information to the following third parties:

      1. your prospective or current employer, contractor or other third party that has requested or required you to undertake, obtain or complete a Component;
      2. other users of the Website; and
      3. to our business partners, contractors, suppliers and vendors who assist us in the provision of services to you or on your behalf.
    5. If we are not able to collect certain personal information about you, such as your name and email address, we may not be able to effectively carry out our clients’ requests and provide the Services to you.

    6. Our privacy policy contains information about how you may:

      1. access the personal information that we hold about you and seek the correction of such information; and
      2. complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds us, and how we will deal with such a complaint; and
    7. Ratify may disclose your information to overseas recipients for specific purposes, for example, when some of our services or users of the Website are located overseas. In such situations, it is not practicable to list the countries in which those recipients are based. The developers (Next Logic) who service the Website and may have access to personal information are based in Romania. We have taken reasonable steps to ensure that Next Logic does not breach the Australian Privacy Principles.
    8. Otherwise, we are not likely to disclose your personal information to overseas recipients.

  3. Use the Website

    1. Except for the limited use set out in paragraph (c) below, you may not use the Website, or the material contained on it, for any purpose. You will not:

      1. publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise; or
      2. modify or copy the layout of the Website or any computer software and code contained in the Website.

    2. You must not misuse this Website. You will not:

      1. commit or encourage a criminal offense;
      2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
      3. hack into any aspect of the Service;
      4. corrupt data;
      5. cause annoyance to other users;
      6. infringe upon the rights of any other person's proprietary rights;
      7. send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

      8. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

        Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    3. Notwithstanding the above restrictions on use of the material on the Website, you may:

      1. download, store, print and display content from the Website solely for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material (if any); and
      2. use the Website to receive the Services.

    4. Ratify reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

      1. re-sold and/or re-distributed in any material form;
      2. stored in any storage media; and/or
      3. re-transmitted in any media, without the prior written consent of Ratify.
    5. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any links to other sites.

  4. Links to other Websites

    1. The Website may contain links to sites on the internet owned and operated by third parties and which are not under the control of Ratify (“Linked Sites”).

    2. Ratify:

      1. provides the Linked Sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Ratify of the Linked Site; and
      2. is not responsible for the material contained on those Linked Sites.

  5. Username and passwords

    1. In order to use the Services, you must to register for an account with us.

    2. Registration requires you to:

      1. provide us with certain information, such as your name and contact details; and
      2. create a login and password.
    3. You are responsible for maintaining the confidentiality and security of your login and password details and any and all activities on the Website which occur under your login and password.
    4. You must not share your login and password details with anyone, let anyone else access your account or do anything that might put the security of your account or the Services at risk.

  6. No endorsement

    Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Ratify and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ratify.

  7. Disclaimers

    1. We are making the Website available for users to publish information and content without assuming a duty of care to users.
    2. To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    3. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), we do not warrant, guarantee or make any representation:

      1. about the accuracy, reliability, timeliness or otherwise of any information or content contained or referred to on the Website or of any Linked Sites;
      2. about the merchantability or fitness for any particular purpose of any service or product contained or referred to on the Website or on any Linked Sites;
      3. about title and non-infringement of third party rights of any services, product or software provided on the Website;
      4. that the Website, or the server that makes the site available on the internet, is free of software viruses;
      5. that the functions contained in any software or service contained on the Website will operate uninterrupted or are error-free; and
      6. that errors and defects in the Website will be corrected.
    4. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

  8. Limitation of liability

    1. We are not liable for, and you waive the right to claim, any loss, injury, claim, liability or damage of any kind resulting in any way from:

      1. the Website or any services or software provided by us;
      2. any periods of downtime, suspension or revocation of access to the Website;
      3. delays to, interruptions of or cessation of the services or software provided on the Website or Linked Sites;
      4. errors or omissions in the Website or Linked Sites;
      5. any material or information supplied on or removed from the Website;
      6. your use of the Website or the services or software provided on the Website, including use in breach of the Terms;
      7. another user’s use of the Website or the services or software provided on the Website, including use in breach of the Terms; and
      8. defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Ratify, its employees or independent contractors, or through any other cause.

    2. If the Competition and Consumer Act 2010 (Cth) or any other legislation implies a consumer guarantee, condition or warranty into the Terms in respect of goods or services supplied, and our liability for breach of that condition or warranty may not be excluded but may be limited, the limitation of liability clauses in the Terms do not apply to that liability and instead our liability for any breach of that condition or warranty is limited to us:

      1. supplying the services or software on the Website again; and/or (at our election)
      2. paying the cost of having the services or software on the Website supplied again.
    3. Notwithstanding any other provision of the Terms, we are not liable to you for any indirect, special or consequential loss or damage suffered or incurred by you arising out of a breach by us of the Terms or our negligent act or omission or our breach of a statutory duty or obligation. The phase “indirect, special or consequential loss or damage” is deemed to include the following: economic loss, loss of opportunity, loss of profit or revenue, loss or damage in connection with claims against you by third parties, liquidated sums or liquidated damages.

  9. Indemnity

    1. You agree to indemnify, defend and hold harmless Ratify, its directors, officers, employees, consultants, agents and affiliates from any and all claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including legal fees arising from or relating to:

      1. your use or misuse of the Website;
      2. your breach of the Terms; or
      3. your negligent acts or omissions.
    2. We will provide prompt notice to you of any indemnifiable event or loss. You will undertake, at your own cost, the defence of any claim, suit or proceeding with counsel reasonably acceptable to us and we reserve the right to participate in the defence of the claim, suit, or proceeding, at your expense, with counsel of our choosing.

  10. Termination of access

    We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

  11. Alteration of Terms of Access

    We reserve the right to change the Terms from time to time:

    1. with or without further notice to you; and
    2. without giving you any explanation or justification for such change.

    Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms as amended.

  12. Linking to this website

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

  13. Uploading information

    You represent and warrant in relation to any material and/or information you provide or upload to the Website that:

    1. you are authorised to provide the material and/or information;
    2. the information you provide to the Website is complete, accurate and not misleading;
    3. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
    4. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
    5. the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
    6. the material and/or information does not infringe any law applicable in Australia or in any country where the material and/or information is or will be available electronically to users of this Website.

  14. Licence to use intellectual property

    By uploading any material which is intellectual property, including, but not limited to, copyrighted works, trade marks and service marks (“Intellectual Property”) onto the Website, you are granting Ratify a non-exclusive royalty-free revocable licence throughout the world to reproduce, use and exploit the Intellectual Property to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users for the purposes of providing our services on the Website.

  15. Our intellectual property

    The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Ratify or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Ratify and its licensors.

  16. Removal of information

    In relation to any material and/or information included on the Website, Ratify may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification for removing the material and/or information.

  17. Relevant jurisdiction

    1. If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
    2. These Terms will be governed by and interpreted in accordance with the law of Victoria, without giving effect to any principles of conflicts of laws.
    3. You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms.