Terms and Conditions for SHE Pre-Qual Totika Approved Contractor Scheme (Scheme) 

The SHE Pre-Qual Approved Contractor Scheme contractor health and safety pre-qualification system, which includes online forms and excel spreadsheet forms (including all configurations and protections) (System) is owned by, or licensed to, RJ Safety Consulting Limited(RJSCL) and its use is provided as part of a services arrangement to SHE Pre-Qual. These terms and conditions (Terms) constitute an agreement between RJSCL and SHE Pre-Qual (together we, our and us) and you, the applicant contractor (you and your) in relation to your use of the System, accessing and downloading of any of the Systems content, materials, and questions (Content), and submission of an application for the Scheme (Application) and our assessment of your Application (Assessment). You agree that you have read, understood, and accepted these Terms, and you agree to be bound by them.

 

Disclaimer: To the fullest extent permitted by law, we exclude:

  1. all warranties and representations in relation to the System, Content and Assessment, whether express, implied, statutory, or otherwise and we will not be responsible for any errors or misstatements; and
  2. we exclude all liability in relation to the System, Content and Assessment whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).

To the extent permitted by law, you acknowledge and agree that you are entering into this agreement for business purposes and agree: (i) not to make and waive any right to make, any claim against us under sections 9, 12A and 13 of the Fair-Trading Act 1986 and agree that this is fair and reasonable; and (ii) that the provisions of the Consumer Guarantees Act 1993 shall not apply to this agreement.

 

Intellectual Property: The System and Content is protected under copyright and other laws of New Zealand. Unless otherwise stated, copyright and other intellectual property rights in the System and Content shall belong to us or our licensors. The software that operates the System may include proprietary software and you are not permitted to use such software except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference of the System or Content is strictly prohibited.

 

Account: To gain access to the System you must register an account with us by entering a valid email address and accurate, current, and complete information about yourself as prompted by the online registration form and any documents you are requested to complete and upload. We will provide you with a Contractor Reference Number. You may not transfer your account to any third party. You confirm that the data you provided to us on registering was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.

 

Reliance Upon your NZBN: You must ensure that your Contractor Reference Number (NZBN) is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur under or using your Contractor Reference Number. You agree to notify RJSCL immediately of any unauthorised use of your Contractor Reference Number or any other breach of security, and RJSCL will deactivate that Contractor Reference Number. You release us from any claim in respect of or arising from any reliance by us upon any use of your Contractor Reference Number, including us disclosing information relating to your registration and/or affairs with us.

 

Use of System: You must not:

  1. copy, reproduce, translate, modify, reverse engineer, decompile, or disassemble, resupply or distribute copies of, the System or any Content without RJSCLs express written consent.
  2. attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the System or Content.
  3. remove any copyright, trademark, or proprietary rights notices included in or on the System or any Content;
  4. engage in any conduct that may disrupt or interfere with the operation of the System or any Content.
  5. use the System to, directly or indirectly, create a false identity, breach any applicable law or regulation, or transmit or upload any material in breach of any third party’s intellectual property rights or rights of privacy.

 

Your Obligations as an Applicant: You:

  1. will only provide to us (including in your application) accurate, current, truthful and complete information.
  2. agree to your Application and any other information that you provide to us, that we obtain about you from third parties or that we determine in relation to you (together Information), being shared between RJSCL and SHE Pre Qual and provided to Totika.

 

Privacy Policy and Personal Information : Information collected through the System or otherwise as part of the Scheme may include your personal information, and you agree to the terms of our privacy policy. You consent to receiving marketing, promotional, and other material from us, including by way of electronic messages. You warrant that you have the authority of any individuals in relation to which you provide us personal information of. You acknowledge that SHE Pre-Qual are subject to the information disclosure requirements of the Local Government Official Information and Meetings Act.

 

Application and Assessment Process: You acknowledge that submission of an application is at your risk and that you are not guaranteed to be provided any service arrangement or work by the submission of any Application. You acknowledge that that process for Assessment is as follows:

  1. you will complete the evaluation and provide supporting documentation as requested.
  2. RJSCL will provide you with one round of feedback on your initial Application if the Assessment is not a pass;
  3. you will have one opportunity to provide additional information requested by us.
  4. if the Assessment is still not a pass, you will have one appeal opportunity that will be reviewed by the Scheme manager (whose decision on your Assessment will be final);
  5. no fee paid or payable by you in relation to the Scheme will be refunded if your application is rejected and/or Assessment is not a pass.

 

Fees: We may from time to time impose fees that you must pay as a condition of using the System or applying for Assessment (Fees). You must pay to us any such Fees at the times and in the manner notified to you. Unless otherwise specified, the Fees are stated exclusive of all taxes, duties, and charges (including GST) that may be payable in relation to the supply of the relevant services, and you agree to pay all such amounts.

 

Payment : Fees are not refundable in whole or in part if you simply change your mind or wish to terminate your Application or Assessment. You agree to pay the Fees by authorising us or our nominated third-party payment service to charge your credit card for the total Fees amount. You must provide accurate credit card information and must not provide credit card information that you are not authorised to provide.

 

Electronic Transactions Act : You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

 

General:

  1. If any part of these Terms is deemed to be invalid, unenforceable or in conflict with the law, that part is replaced with a provision which, as far as possible, accomplishes the original purpose of that part.
  2. If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
  3. If you breach any of these Terms we may suspend or terminate your Application, Assessment and/or your use of the System effective immediately and without prior notice.
  4. These Terms set out the entire agreement and understanding between you and us in relation to the System and supersede all prior understandings of any nature between us in relation to the System.

 

Changes : SPL reserves the right to:

  1. add to, modify, suspend, or remove the System or any Content at any time and without notice; and
  2. change these Terms from time to time and by continuing to access the System following notification of those changes you accept the revised Terms.

 

Law: These Terms shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.

 

Customer Complaints: We value our customers feedback, and welcome suggestions for improvement, which is integral for our quality management systems. If you have any concerns, issues, or complaints, these can be submitted to SHE Pre-Qual via our customer support desk. Email support@sheprequal.co.nz and we will respond to your enquiry within 24 hours and ensure it is treated fairly, ethically, and in good faith through to resolution. If we are unable to resolve your concerns in relation to the Totika question set, please contact Totika via their website. https://www.chasnz.org/totika

 

Contact: If you have any questions or concerns in relation to the Scheme or these Terms please contact us by emailing support@sheprequal.co.nz