Terms & Conditions of Purchase

The following are Sentis Australia Pty Ltd terms and conditions of trade (“Trading Terms”). These Terms and Conditions will apply to any and all transactions purchased or ordered from the Sentis website.

For these Terms Sentis Australia Pty Ltd ABN 70 120 643 003 (“Sentis/ we/us”) and the customer (“you/ client”), and together referred to as “The Parties”.

Unless subject to an alternative agreement or contract signed by both Parties these terms take precedence over any other document in the event of any inconsistency, and any trading terms nominated by you are expressly excluded. These terms will be deemed accepted when you the client order, purchase or pay for a product or service from the Sentis website.

Sentis will provide these services in accordance with these Trading Terms, relevant industry standards and applicable laws and in accordance with the Sentis Code of Conduct and Sentis Corporate Social Responsibility Policy. Copies available on request.

Payment Terms & GST

Payment Terms are as stated on the Website, or on the Invoice you receive when you order a product or Service. Pricing is in Australian currency, unless specified otherwise. All prices quoted and any other applicable charges are exclusive of GST.GST will be payable by you upon supply of goods or services. GST means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).

Cancellation

Should you the client wish to cancel an order placed on the website it must be within 24 hours of placing the order and any refund will be less any costs incurred by Sentis up to and including the time of requesting a cancellation.

Confidentiality

Subject to this clause, each party will keep confidential all information given to it by the other party. Each Party will not use the information except to the extent necessary to comply with that Parties obligations under this agreement including in the provision of the goods and services. Each party may only disclose information to its personnel and professional advisors if such persons are bound by similar confidentiality obligations.

The obligations under this section do not apply to information which has become generally available to the public (except as a breach of this clause), or is a disclosure required by law.

The Parties each indemnify the other for any losses that may be incurred as a direct result of a breach of this clause.

Data

Sentis collects data (de-identified non-personally identifiable data) and other research in the course of providing our services in order to help us improve our services. By utilising the services and purchasing from the Sentis website you agree Sentis may use and own such data and use for benchmarking, improving our products and services, marketing, internal use, training and publications.  Benchmarking includes but is not limited to deidentified overall industry averages and identified organisational average results for overall safety climate, safety leadership, management safety commitment, safety communication and safety behaviour. 

Intellectual Property (IP) / License

Subject to the terms of this agreement, Sentis grants the Client with a non-exclusive licence to use the Sentis intellectual property (IP) incorporated in the Goods and Services provided under this agreement for the permitted purpose.

This license may only be used to implement the recommendations, training concepts or ideas provided by Sentis and to embed these concepts into your safety culture within your Company. (Permitted Purpose).

Each party retains ownership of their pre-existing IP, and any IP they create independently of this agreement, and Sentis owns any Intellectual Property created in the course of providing any goods or services under this agreement.

IP means trademarks, patents, moral rights, design rights, designs, drawings, specifications, tradenames, documentation, recommendations, reports, records, logos, know-how, concepts, Sentis program and Services content, brands, technical documents, work product, domain names, database rights, and any other intellectual property or proprietary rights in any form, either registered or unregistered, patentable or not and rights to register any of the above in any country or jurisdiction,

Sentis warrants that the deliverables provided to you do not infringe the intellectual property rights of any third party.

Both Parties indemnify the other for any losses or costs incurred due to a breach of this clause by the other party.

Privacy Act

Both Parties agree that each party will handle information including personal Information in accordance with the Australian Privacy principles (as amended or replaced from time to time) in the Privacy Act 1988 (Cth). Please view our Privacy Policy online here.

Liability

Sentis makes no warranties, direct or indirect (including, without limitation, warranties of merchantability, fitness for a particular purpose) under this Agreement in relation to the provision of our services and programs.

All conditions, warranties, undertakings or representations whether express, implied, statutory or otherwise relating in any way to the products or services under this agreement are excluded to the full permitted extent of the law.

To the extent permitted by law for any breach of non-excludable rights, the liability of Sentis is limited at the option of Sentis to:

1. in the case of goods:
   1. repair of the goods;
   2. the cost of the repair of the goods; or
   3. the cost of the goods; and
2. in the case of services:
   1. reprovision of the service; or
   2. the cost of providing the services again.

We exclude all liability to you for the way you use or interpret our services and programs, and under no circumstances are we responsible to you or any other person for any loss, damage, cost, expenses or other claims. The liability of Sentis in respect of any claim arising out of or in connection with our Services shall not include any indirect or consequential loss or any loss of profits, loss of business or business opportunity, and any indirect or consequential loss or damages of any kind and however caused. 

Indemnity

Each Party to this agreement indemnifies the other party including their respective personnel from all loss incurred, sustained or suffered from whatever nature occurring from or by any connection to:

1. any breach of this agreement by a party or its personnel, contractors and associates;
2. any wilful misconduct, negligent act or omission in connection to this agreement
3. any personal injury, death, damage or physical loss caused or sustained due to the actions of the other party, in connection with this agreement;

This indemnity is proportionally reduced to the extent the loss, expense, damages or claim is caused or contributed to by the other party, its personnel, agents, contractors or other related party. 

Limitation of Reports & Information Provided

These Services are undertaken and performed in a professional manner however they are limited to the information provided to Sentis by the Client. Sentis is not liable for any claim arising from errors, omissions or inaccuracies in the information provided to Sentis by the Client. For Report based deliverables it is the Client’s responsibility to seek necessary professional safety, regulatory, engineering, legal advice and /or consultation as necessary, including prior to implementing any recommendations.

Severability

If any term or provision is found to be void, illegal or unenforceable for any reason it will be omitted and severed from these terms. All other terms and provisions will remain in full force.

Governing Law & Jurisdiction

This Agreement will be governed and construed by the laws of Queensland, Australia .