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”).
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.
The Website provides access to an online management platform for the following Services:
(a) to allow individuals to complete components required or requested by their prospective or current employer, contracting party or another third party;
(b) to allow employers, contracting parties and other third parties to upload, manage and track induction programs and ensure that staff have complied with induction requirements.
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:
(a) We are Makesure Consulting Pty Ltd ABN 35 168 163 666 trading as Ratify and you may contact us on email@example.com and our address is 5/26-36 High Street, Northcote, Victoria 3070.
(b) 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 other personal information 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;
(2) we may collect personal information about you from background and reference checks and public registers such as your employment history, criminal records and any others?;
(3) we may collect personal information about the way you use the Website through the use of “cookies”;
(c) We collect personal information about you for the purposes of providing the Services.
(d) 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 an induction program;
(2) to public registers, government agencies or referees for the purposes of conducting background, police and reference checks;
(3) to our business partners, contractors, suppliers and vendors who assist us in the provision of services to you or on your behalf;
(e) 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.
(4) access the personal information that we hold about you and seek the correction of such information;
(5) 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;
(g) Ratify may disclose your information to overseas recipients for specific purposes, for example, when some of our services are located overseas, but only with your consent. In such situations, the recipients of that personal information are likely to be in the following countries: Romania.
(h) Otherwise, we are not likely to disclose your personal information to overseas recipients.
(a) 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;
(2) modify or copy the layout of the Website or any computer software and code contained in the Website.
(b) 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";
(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.
(c) 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);
(2) use the Website to receive the Services.
(d) 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.
(e) 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.
(a) 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”).
(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;
(2) is not responsible for the material contained on those Linked Sites.
(a) In order to use the Services, you must to register for an account with us.
(b) Registration requires you to:
(1) provide us with certain information, such as your name and contact details;
(2) create a login and password.
(c) 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.
(d) 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.
(a) Ratify is making the Website available for others to publish information without assuming a duty of care to users. Ratify is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or Linked Sites.
(b) To the full extent permitted by law, Ratify disclaims any and all warranties, express or implied, regarding:
(1) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any Linked Sites;
(2) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any Linked Sites.
(c) Ratify does not warrant, guarantee or make any representation that:
(1) the Website, or the server that makes the site available on the internet are free of software viruses;
(2) the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
(3) errors and defects in the Website will be corrected.
(d) Ratify is not liable to you for:
(1) errors or omissions in the Website or Linked Sites;
(2) delays to, interruptions of or cessation of the services provided in the Website or Linked Sites;
(3) 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.
(e) 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.
(f) 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.
(g) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(h) To the fullest extent permitted by law, Ratify hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(i) This does not affect Ratify’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the full extent permitted by law, Ratify’s liability for any implied warranty or condition is limited, at the choice of Ratify, to one or more of the following:
(a) the supply of the services again;
(b) the payment of the cost of having the services supplied again.
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.
We reserve the right to change the Terms from time to time:
(a) with or without further notice to you;
(b) 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.
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.
You represent and warrant in relation to any material and/or information you provide or upload to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the information you provide to the Website is complete, accurate and not misleading;
(c) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(d) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(e) 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;
(f) 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.
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.
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.
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.
Ratify and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(a) in relation to or in connection with any material and/or information supplied on the Website;
(b) as a consequence of removing any material and/or information from the Website.
You agree to indemnify, defend and hold harmless Ratify, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.
(a) 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.
(b) 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.
(c) You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms.