Terms and Conditions

Modification

Damstra Technology Pty Ltd (Damstra) reserves the right to revise these Terms and Conditions at any time. Any such revision will be binding and effective immediately upon posting of the revised Terms and Conditions on www.damstratechnology.com. Your continued use of our site constitutes agreement to any revision of the Terms and Conditions.

No Unlawful or Prohibited Use Liability Disclaimer

The information, software, products, and services included in or available through damstratechnology.com or TWMS (the Portal) includes information and data uploaded into the Portal by clients and other users of the Portal. Damstra does not verify the accuracy of that information and data.

Damstra stores and provides access to the information and data contained in the Portal. Damstra does not own or control the information or data contained within the Portal. Damstra makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Portal for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Damstra hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

As a condition of your use of the Portal, you warrant to Damstra that you will not use the Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Portal in any manner which could damage, disable, overburden, or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Portal. You may not translate, reverse engineer, decompile or disassemble the Portal or create derivative works based on, the Portal.

To the maximum extent permitted by applicable law, in no event shall Damstra be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Portal, with the delay or inability to use the Portal or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Portal, or otherwise arising out of the use of the Portal, whether based on contract, tort, negligence, strict liability or otherwise, even if Damstra has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Portal, you agree that your sole and exclusive remedy is to discontinue using the Portal. If you do not agree with any part of these terms, you should not commence or continue use of the Portal.

Trademarks

Any rights not expressly granted herein are reserved. The names and images of companies and products mentioned herein may be the trademarks of their respective owners.

Charges and Payment

Damstra provides data processing and management services. The fees associated with providing this services are charged once paperwork is submitted to Damstra. The processing includes, but is not limited to, booking requests, induction bookings, TWMS profile updates, and registrations.

Damstra is NOT the training provider and does not complete any training.

Payment terms are strictly 30 days from date of invoice. Bookings will not be processed until current credit card details are provided or, for account customers, a copy of the purchase order is received by Damstra.

Site Specific Booking Requirements

Each site that utilises the Total Workforce Management System (TWMS) has specific site requirements and reserves the right to refuse to induct or familiarise any person who does not meet their site's requirements, standards or whose skills are not required on site. To find the site-specific requirements, go to www.damstratechnology.com/Sites, find a specific site, and check the pre-induction or pre-familiarisation checklist as well as their competency data as per skills list/skills matrix.

Company's Liability

Damstra assumes no liability for any loss due to a booking or registration not being accepted or made; whether it is due to an error in the information supplied, data entry error made during the processing of documentation, or the site rejecting booking requests.

Booking Request Requirements

Booking or Registrations Requests will not be processed without correct credit card details or a copy of your company purchase order provided with induction or site familiarisation booking request forms and paperwork if required. So as not to incur a late-booking fee, all booking requests or paperwork submissions with the essential forms and paperwork outlined in site pre-induction or pre-familiarisation checklists must be submitted to Damstra  prior to the late submission window before the training date, within business hours (between 8am and 4pm from Monday to Friday).

Tentative bookings are not made. Bookings are only secured when all the correct paperwork is processed. Unclear or illegible documents and paperwork will not be accepted and the booking will not be made. Every skill requested by an individual must be backed up with all the recognised paperwork for that skill, e.g. Trade Papers, Degree or Letters of Competency.

Re-scheduling Training

Damstra and its clients reserve the right to cancel or change the induction or site familiarisation date and will notify the attendee. The participant can reschedule that booking for the same site at no extra cost. Fees are non-transferable.

Fees

By providing your payment details to Damstra, you irrevocably authorise and direct Damstra to use those details to deduct all fees payable to Damstra by you under these Terms and Conditions. All transactions are processed in Australian Dollars (AUD).

Employee Transfer Fee

Employee Transfer fee refers to the fee payable when acquiring the services of a contractor who, at that point in time, has previously registered a profile with Damstra.

A discount is applied to the total amount payable of the Employee Transfer fee ($50.00AU), excluding gst and credit card surcharge, capped to the maximum value of the registration/booking.

Manual Bookings are excluded from this discount offer. The Employee Transfer Discount offer is available on an individual basis, and is available only when the Employee Transfer Fee and Induction Booking or Registration fee has been successfully lodged and processed by Damstra. The offer is not available in conjunction with any other offer during the validity of this offer. Offer is only available to online bookings; manual bookings are not accepted. Bookings and registrations must be lodged and processed strictly within a seven (7) day timeframe (including weekends and public holidays. By providing your payment details to Damstra Mining Services Pty Ltd, you irrevocably authorise and direct Damstra Mining Services Pty Ltd to use those details to deduct all fees payable to Damstra Mining Services Pty Ltd by you under these Terms and Conditions.

Refunds

Refunds are not offered as a matter of course as all information submitted is deemed to be processed at the point of submission. To avoid incorrect site selection, Damstra recommends you have your pre-approval (if applicable) and an order number for the work being carried out prior to submitting paperwork.

Late Booking Fee

A 'late booking fee' of $110.00 (GST inc.) applies when booking requests and compulsory paperwork and forms are received by Damstra within the late submission window. NOTE: Site variation to process is required for any late booking requests.

Administration Fees

An administration fee of $66.00 (GST inc.) per hour is charged at the discretion of Damstra  for additional administration, reporting, and accounting services. Fees will be charged for, but are not limited to: manual scanning, changes to employee or employer details within TWMS, reports requested from TWMS. Employee and company reports are freely available on TWMS Portal, therefore, additional reports will be charged at $66.00 (GST inc.) per report.

TWMS Access Card

TWMS Access cards are issued at the discretion of Damstra  and the Client. You acknowledge and agree that all employees are made aware that TWMS Access cards are an integral part of a larger data collection, storage, and maintenance system managed by Damstra  on behalf of our clients.

Quick Response (QR) codes are printed on the back of each card. The QR code allows individuals and authorised Site Coordinators to view inductions, skills, site appointments, competencies, and expiry information.

Any data stored or created by utilising TWMS Access cards and the associated QR codes will remain the property of Damstra. Any risk associated with the use and/or safekeeping of the TWMS Access card and associated data will pass to the individual and their employer jointly from the date that the TWMS Access card is delivered to the company.

Replacement TWMS Access cards will incur a replacement card fee. Damstra and/or the Client reserve the right to withdraw, suspend, or deactivate a TWMS Access card at any time without providing cause or reason.

Call Recording

By utilising the services of Damstra you authorise Damstra to record your telephone calls for Quality, Training and Audit purposes. If you do not wish to have your call recorded please let the Damstra representative know at the beginning of your call.

Authorisation It is accepted by Damstra that any information a company provides us about an employee, that employee has given their express permission to provide that information to Damstra. Damstra accepts no responsibility for receiving information if you have failed to obtain this express permission.