Terms & Privacy
Our Terms and Conditions and Privacy Policy, covering use of our website, proposals, and the handling of your personal information.
Terms and Conditions
1. About these terms
These Terms and Conditions apply to use of EMP Onsite's website, receipt of proposals or estimates, and pre-contractual engagement discussions. These Terms do not govern the delivery of services once a Master Services Agreement (MSA) and Statement of Work (SOW) are executed. By accepting a proposal or engaging EMP Onsite prior to execution of an MSA, the Client agrees to these Terms.
2. Nature of services (no medical guarantee)
EMP Onsite provides injury prevention, early intervention, workplace wellbeing, analytics, and advisory services. EMP Onsite may also provide digital tools, software platforms, or AI enabled systems designed to support workplace injury reporting, triage, analytics, and risk management.
Unless expressly stated in a signed SOW, EMP Onsite does not provide medical diagnosis, certification of fitness for work, or clinical treatment, and services are preventative and advisory in nature. EMP Onsite does not guarantee prevention of injury, recovery outcomes, or business or financial results. Where EMP Onsite provides AI enabled tools or digital triage systems, outputs are decision support guidance only and must not be relied upon as medical advice or clinical diagnosis. Digital platforms may be provided under license terms defined in the Master Services Agreement, Digital Platform Addendum, or applicable Statement of Work.
3. Proposals and scope
Any proposal, quotation, or estimate provided by EMP Onsite is indicative only, may be subject to assumptions and exclusions, and is not binding until incorporated into a signed SOW. EMP Onsite may amend or withdraw a proposal prior to acceptance.
4. Client responsibilities
The Client is responsible for providing accurate information, ensuring a safe workplace environment, and complying with all applicable workplace health and safety laws. EMP Onsite is not responsible for hazards not disclosed by the Client, unsafe systems of work, or failures to implement recommendations.
5. Confidentiality
Each party may receive confidential information prior to execution of an MSA. Each party agrees to keep such information confidential, use it only for evaluation or engagement purposes, and not disclose it without consent, unless required by law. These obligations continue until replaced by confidentiality provisions in an executed MSA.
6. Fees and payment
Fees are as stated in the relevant proposal. Unless otherwise agreed in writing, invoices are payable within 30 days, fees are exclusive of GST, and late payments may attract interest or recovery costs as permitted by law.
7. Limitation of liability
To the extent permitted by law, EMP Onsite excludes all liability for indirect, consequential, or economic loss, and EMP Onsite's total liability is limited to the fees paid for the relevant services. Nothing in these Terms limits any rights or remedies that cannot be excluded under the Australian Consumer Law.
8. Termination
Either party may discontinue discussions or a proposed engagement at any time prior to execution of an MSA. EMP Onsite is entitled to payment for services already delivered prior to termination.
9. Governing law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of Victorian courts.
10. Relationship to other documents
If an MSA and SOW are executed, those documents supersede these Terms entirely. These Terms do not create an ongoing service obligation.
Privacy Policy
Purpose
EMP Onsite is committed to ensuring the privacy and confidentiality of your personal information. In this document, EMP Onsite is variously referred to as EMP, us, and we. This Privacy Policy is intended to clearly describe how EMP handles your personal information, including its collection, use, disclosure, and security, including any personal information collected through our website. EMP complies with the Privacy Act 1988 (Cth), the associated Australian Privacy Principles (APPs), and state or territory legislation governing how private sector health service providers handle personal information, including health information. EMP may, from time to time, amend this Policy, in whole or part, at its sole discretion.
Consent
By providing personal information to us, you consent to us collecting, using, and disclosing your personal information as described in this Policy.
Collection of personal information
We may collect personal information from clients, employees, contracted service providers, students, and other individuals with whom we engage in the course of our usual business operations. You are not required to provide personal information to us, however, if you do not provide the information we request, the services we provide to you may be affected.
We will usually collect your personal information directly from you by email, telephone, in writing, in person, or through our website. The personal information we collect may include your name, age, gender, date of birth, and contact details, health information relevant to providing our services, and video and photos of you working and performing functional (physical) tests.
How we use your information
We will not use or disclose your personal information for any purpose other than the primary purpose for which it was collected, or a related secondary purpose, unless you have consented to another purpose or we are permitted or required to do so by law. This may include coordinating with healthcare providers involved in your care, quality assurance and accreditation activities, fulfilling regulatory requirements, sending appointment reminders, handling complaints, and considering your application for employment with us.
EMP may seek your permission to use video or photos for marketing purposes, and you will not be penalised in any way if you do not consent.
Disclosure of personal information
We may disclose your personal information to trusted third parties, including organisations required by law and approved contractors engaged to provide professional services such as information and communication technology providers. We may enter into arrangements with related entities or third parties outside of Australia to store, access, or use data we collect, and we take reasonable steps to ensure such third parties meet acceptable information security standards.
Website
If you use our website, we do not identify you as an individual user and do not collect personal information about you unless you specifically provide it. Our website may use cookies to gather anonymised statistics relating to the management of our website. Our website and email communications may contain links to third-party websites, which are governed by their own privacy policies.
Protecting your personal information
We take the protection of your personal information seriously and take reasonable steps to ensure the information we collect, use, and disclose is accurate, secure, and protected from misuse, loss, and unauthorised access, modification, or disclosure, using access controls, network firewalls, encryption, and physical security measures.
Access to, and correction of, your personal information
You have the right to request access to the personal information we hold about you, and to request correction of any information you believe to be inaccurate, incomplete, out of date, misleading, or irrelevant. To protect your privacy, we will need you to verify your identity prior to providing access to your information.
Contacting EMP Onsite about privacy issues and complaints
If you have comments or concerns relating to this Policy, or wish to make a complaint about our handling of your personal information, please contact our Privacy Officer at 3/148 Epsom Rd, Ascot Vale VIC 3032, by email at privacyofficer@emponsite.com.au, or by telephone on 1800 367 669. We will aim to respond within a reasonable time, generally within 21 days.
If we are unable to satisfactorily resolve your concern or complaint, you may contact the Office of the Australian Information Commissioner (OAIC) at GPO Box 5218, Sydney NSW 2001, by telephone on 1300 363 992, or online at oaic.gov.au.