Terms and Conditions v1.1
Last Updated Sept 2023
This page details the terms and conditions of engaging with Nailed it Safety Docs in relation to both our written documents and consultancy services. If you have any questions regarding our T&C’s please do reach out to us via our website.
Website & Documentation (Contents) Terms of Use
1. Exclusion of Liability
1.1 Whilst we have made every effort to ensure that this website provides accurate information, the website is provided on an “as is” basis and the information provided is for general guidance only and does not constitute advice of any kind.
1.2 We make no representations or warranties of any kind with respect to this website or its contents. In particular, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this website. The information contained in this site may contain technical inaccuracies, typographical errors or may be out of date. Our liability for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
1.3 Neither we, nor any of our Directors, shareholders, or employees shall be liable for loss or damage arising out of or in connection with the use of this website or reliance on its contents. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
1.4 Notwithstanding this, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
2. Intellectual Property
2.1 We are the proprietor of the Nailed It Safety Docs trademark used on this website and you may not use it without our express permission.
2.2 We are also the owner or the licensee of the copyright in this website, its contents and images and no part of this website may be reproduced without our express permission or the permission of the copyright holder.
3. Our Website
3.1 This is a New Zealand website and is only targeted at New Zealand employers and employees. This website is only relevant for use in New Zealand. If you do not intend to use this information in New Zealand then DO NOT USE THIS SITE for information gathering purposes. In listing your place of residence and delivery address in our online form, you are representing to us that you are a resident of New Zealand. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.
3.2 These Terms are subject to New Zealand law and you irrevocably accept the jurisdiction of the New Zealand Courts.
4. Children
4.1 We do not sell products to or offer services for children. If you are under 18, you may use this site only with the involvement of a parent or guardian.
Nailed it Safety Docs Terms and Conditions
1. Definitions
1.1 In these Terms, the following words where prefixed by a capital letter shall have the following meanings
(a) Nailed it Safety Docs means the Health and Safety resource service defined in clause 2;
(b) Nailed it Safety Docs Library means the online document library provided as part of the Nailed it Safety Docs;
(c) Nailed it Safety Docs Member means a person, firm or business who are signed up and whose membership of the Nailed it Safety Docs is active;
(d) Documents means the documents found in the Nailed it Safety Docs Library whether supplied as part of the Nailed it Safety Docs or for sale individually;
(e) Email Support has the meaning given by clause 5;
(f) Telephone Support has the meaning given by clause 6;
(g) E-Commerce Services means the services available through the Website by which amounts payable to us may be paid to us by online credit card transaction and E-Commerce Process shall mean the process by which those services are provided;
(h) Membership Fee means the annual price paid for membership of the Nailed it Safety Docs as advertised from time to time;
(i) Terms means these terms and conditions;
(j) Website means the Nailed it Safety Docs website found at the url www.NaileditSafetyDocs.co.nz and includes such other websites operated by us.
2. About the Nailed it Safety Docs
2.1 The Nailed it Safety Docs is a Health and Safety resource service with various levels of membership. Each level of membership offers various benefits including (but not necessarily limited to):
(a) Access to the Nailed it Safety Docs Library (Annual and Monthly membership);
(b) Generalist HS consultancy advice;
(c) Specialist HS Consultancy advice;
2.2 The levels of membership, the Membership Fee for each level of membership and the benefits applying to each level of membership shall be as advertised on the Website.
2.4 We may alter the levels of membership, the Membership Fees for each level of membership, and the benefits applying to each level of membership in our sole discretion by giving you no less than one month’s notice to expire on the 12 month anniversary of the commencement of your membership.
2.5 We reserve the right to refuse membership of Nailed it Safety Docs.
Your Membership Fee gives you access to the Nailed it Safety Docs document library for one (1) calendar year. You may renew your membership after one calendar year at the Membership Fee then advertised on the Website.
3. About the Nailed it Safety Docs Library
3.1 The Nailed it Safety Docs Library is on online library of Health and Safety documents and templates provided by us.
3.2 By becoming a Nailed it Safety Docs Member you get a limited license to download all the Documents contained within the Nailed it Safety Docs Library whilst you remain a Nailed it Safety Docs Member for the price of your Membership Fee.
3.3 For non-Nailed it Safety Docs Members, you may also purchase individual Documents at the price advertised for each Document on the Website.
3.4 Your license to use our Documents is subject to the restrictions contained in clause 4.6.
3.5 Our aim is to provide an uninterrupted online resource accessible at all times of the day. However we will not be liable if the Nailed it Safety Docs Library becomes unavailable due to a technical fault or any other reason.
4. Our Documents
4.1 Whilst great care has been taken to ensure the accuracy and the suitability of all the Documents they are not a substitute for H&S or legal advice and should only be used for general guidance. The information provided is based upon New Zealand law and best practice applicable at the time of drafting or creation. If you are unsure about how to complete or use a Document then you should consult us for advice using our consultancy service or using Email or Telephone Support (where these services are available as part of your Nailed it Safety Docs Membership).
4.2 We do not guarantee that any particular Document will be available in the Nailed it Safety Docs Library.
4.3 We do not accept any liability, whether direct or indirect, for any loss, damage or expense (including loss of profit) occasioned through the use of our Documents, or any breach by us of these terms.
4.4 The conditions, warranties and guarantees set out in the Sale of Goods Act 1908, Consumer Guarantees Act 1993, or implied by common law are excluded to the fullest extent permitted by law.
4.5 All our Documents are our copyright. Your purchase of our Documents allows you to adapt such Documents strictly for your own business use on an as required basis.
4.6 You are strictly prohibited from:
(a) forwarding our Documents in whatever form to another person, firm or business for their use;
(b) sharing your username and password to the Nailed it Safety Docs Library with another person, firm or business so that they can take advantage of the service provided by the Nailed it Safety Docs Library without paying for it;
(c) reproducing the Documents in any form whatsoever except for the purposes provided for in clause 4.5 above; and
(d) using or adapting the Documents for on-sale to another person, firm or business.
4.7 If you wish to use the Documents for any of the purposes stated in clause 4.6 above you must first obtain our consent.
4.8 All our documents are not warranted to be free from error or complete. It is expected that they will require some modification to your unique situation prior to their use. The Client agrees to review and update the document before using it or sending it to a client.
5. Email Support
5.1 This clause applies where your membership of the Nailed it Safety Docs provides for email support.
5.2 Email Support is a service provided by us which allows an unlimited number of emails to us for the purpose of resolving an H&S issue or H&S issues of a general nature.
5.3 It shall be in our sole discretion to decide how many emails are reasonable for your level of membership. We reserve the right to charge you separately for dealing with an unreasonable level of email queries. Where this occurs we will give you advance notice of our intention to charge and such charges shall be calculated at rates advised to you at the time and in accordance with the rates published on our website.
5.4 Where we believe, in our absolute discretion, that your H&S issue is too complex to be resolved through Email Support we will advise you of that and refer you to our consultancy service, possibly through our sister company Nailed It Safety Solutions Limited.
6. Telephone Support
6.1 This clause applies where your membership of the Nailed it Safety Docs provides for telephone support.
6.2 Telephone Support is a service provided by us which allows an unlimited number of telephone calls to us for the purpose of resolving an H&S issue or issues of a general nature.
6.3 It shall be in our sole discretion to decide how many telephone calls are reasonable for your level of membership. We reserve the right to charge you separately for dealing with an unreasonable level of telephone queries. Where this occurs we will give you advance notice of our intention to charge and such charges shall be at rates advised to you at the time and in accordance with the rates published on our website.
6.4 Where we believe, in our absolute discretion, that your H&S issue is too complex to be resolved through Telephone Support we will advise you of that and refer you to our consultancy service.
7. The Advice We Provide
7.1 Where we provide advice as part of Email Support, Telephone Support or consultancy, it is our professional duty to give your affairs proper care, skill and attention.
7.2 Full Disclosure: We will throughout the handling of your matter rely on you to supply in a timely manner all information needed to act on your behalf and to tell us promptly of any relevant change in circumstances. We will not check the accuracy of such information unless it is specifically agreed in writing that we are to do so.
7.4 If you hold information back from us it hinders our ability to assist you and we cannot be held responsible for any non‐disclosure. If you are in doubt whether any information is relevant then it is best to discuss it with us.
7.5 Confidentiality: We have a responsibility to keep all the information you tell us confidential from other parties unless we have your instructions to disclose it.
8. Terms and Conditions
8.1 These Terms are an agreement between you and Nailed it Safety Docs Limited and apply to:
(a) Membership of the Nailed it Safety Docs;
(b) The individual purchase of Documents from our Website;
(c) Consultancy Services.
8.2 These terms may be varied at any time by giving one week’s notice of the change on the Website.
9. Payment Online
9.1 Payment of the following services can be made online in advance through the Website using our E-commerce Services:
(a) Membership of the Nailed it Safety Docs Library;
(b) The purchase of individual Documents.
(c) Payment of the monthly subscription services as detailed on our website.
9.2 You agree not to use our E-Commerce Services for any improper, injurious, offensive or unlawful purpose.
9.3 In using our E-Commerce Services, you represent and warrant that you are over 18 and have legal capacity to contract in New Zealand. If you are using a credit card, you represent and warrant that the credit card is issued in your name and that you shall pay to the credit card issuer all charges incurred through the use of our E-Commerce Services.
9.4 Upon completing a transaction using our E-Commerce Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct. You should print the transaction confirmation for future reference and your files. We shall have no liability for transactions which are incorrect because of inaccurate data entry in the course of providing E-Commerce Services or for loss of data or information caused by factors outside of our control.
9.5 Suspension of service: We shall be entitled at any time without prior notice or any liability to you, to alter, cancel or suspend any or all E-Commerce Services temporarily or permanently and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
9.6 Refunds: A refund will only be provided when it has been proven that there has been an overpayment. When applying for a refund you must provide us with proof of the overpayment. If your refund request is accepted, the refund will be transferred back to the originating credit card or held to your credit against future transactions. No cash refunds will be given.
9.7 Security: Our E-Commerce Services are provided through a secure website using SSL (secure socket layer) encryption. However, you acknowledge and agree that Internet transmissions are never entirely secure or private, and that any message or information you send to or through the Website (including credit card information) may be read or intercepted by others, even where a Website is stated as being secure. Neither we nor STRIPE shall have any liability for the interception or ‘hacking’ of data through the Website by unauthorised third parties.
10. Payment of Consultancy Fees
10.1 Unless we quote you for a fixed fee or advise you of a specific rate, we will charge for consultancy work on the basis of our hourly rate (plus GST where applicable) as advertised on the Website.
10.3 Normally, we aim to absorb all personal disbursements (e.g. telephone, faxes, postages, copying etc) within our hourly rate or fixed fee. However, occasionally substantial disbursements are incurred on your behalf which will be charged in addition. We will let you know when this happens.
10.4 We will invoice you periodically, at agreed milestones, or at the conclusion of an instruction for the work which we carry out.
10.5 Payment of our invoices shall be made by 20th of the month following invoice.
10.6 Late payment of invoices may at our sole discretion, attract interest at the rate of 10% p.a. calculated on a daily basis. We reserve the right to terminate or suspend work in the event that an invoice remains unpaid.
10.7 Where our invoices are not paid within 30 days of the due date, we reserve the right to engage a debt collection agency to recover those fees from you and you shall be liable for any collection costs, legal costs, or other costs incurred in addition to interest and the invoice amount.
11. Termination
11.1 Termination of membership of the Nailed it Safety Docs by us: We reserve the right to terminate your membership of the Nailed it Safety Docs without any obligation upon our part to provide a full or partial refund of your Membership Fee in any of the following circumstances:
(a) you fail to pay your Membership Fees;
(b) you fail to pay any other fees or costs payable to us within the time stipulated in any invoice to you;
(c) you breach these Terms;
(d) you suffer any act of insolvency.
11.2 Termination of membership of Nailed it Safety Docs by you: You may terminate your membership of the Nailed it Safety Docs via the My Account section of the website at any time, or by emailing our friendly team.
If you choose to terminate your membership please be advised that we don’t give refunds for partial membership cycles.
11.3 Where your level of membership of the Nailed it Safety Docs requires that you pay a monthly Membership Fee and you cease paying your monthly Membership Fee prior to the Termination Date or without giving proper notice of termination, you shall be liable for the yearly cost of access to the Nailed it Safety Docs Library plus the cost of any time incurred by us in Email, Telephone Support or consultancy support charged at our generalist consultancy rate as advertised on the Website. We shall credit any monthly payments made by you during your current membership year in reduction of your liability under this clause.
11.4 Termination of consultancy work: We have the right to cease work immediately by giving you written notice at your last known address if:
(a) any invoice remains unpaid after the stated payment date;
(b) you fail without reasonable cause to give us instructions for a period of one month where instructions are required or requested;
(c) you fail to make a material disclosure of a matter relevant to your case.
11.5 We also have the right to cease work in any other situation where we have good cause and give you reasonable notice.
11.6 You may terminate our instructions in writing at any time in which case all fees owing to us become immediately payable.
12. Privacy
12.1 When you subscribe to our Website, become a client, or use our E-commerce Services we collect personal information which you provide in the sign up or application form. You always have access to the information we hold about you subject to the provisions of the Privacy Act 1993. All information is held in accordance with our Privacy Policy which is available to view on the Website.
12.2 You agree that we may use your personal information to advise you of our services and product offers and send you our newsletter. You may unsubscribe from our newsletter or any of our email communication at any time.
12.3 You authorise us to collect information about you (including information about transactions processed by you) from time to time through the Website. Any such information collected shall be treated in accordance with our Privacy Policy.
12.4 Your use of our E-Commerce Services means that you agree to provide information through electronic means. This means you agree to provide any relevant information in the format and to the standards described for each transaction. It also means you agree and understand that the information will be retained in electronic form.
13. Limitation of Liability
13.1 We cannot warrant that the E-Commerce Process, and/or your use of our E-Commerce Services will be faultless, immediate, continuous, and virus free, nor that information provided through the E-Commerce Process will be complete, accurate or up to date. We will endeavour, however, to ensure the E-Commerce Services are available at all times, subject to maintenance.
13.2 We accept no liability or responsibility for the refusal or reversal of payments which are matters between you and your credit card provider.
13.3 Subject to any rights which you may have under the Consumer Guarantees Act 1993, except as expressly prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where we have been advised of the possibility of such damages occurring. If, notwithstanding the foregoing, we are found to be liable to you for any damage or loss which arises as a result of your use of the Website or the E-Commerce Services, our liability shall not exceed the dollar amount of the transaction which formed the basis of the damage or $100.00, whichever is the lesser. Otherwise, the Consumer Guarantees Act 1993 is excluded to the fullest extent permitted by law.
14. Law and Jurisdiction
14.1 These terms shall be governed by New Zealand law and you irrevocably accept the jurisdiction of the New Zealand courts. All transactions which occur through our E-Commerce Process shall be deemed to occur in New Zealand.
