Terms and Conditions
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
No Unlawful or
Prohibited Use Liability Disclaimer
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.
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
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
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
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.
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 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.
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
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
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 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.
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
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
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
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.
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
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.