Terms of Service

Last Updated: 30 November 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SafeWork Tech Pty Ltd (ABN 16 692 538 168, "SafeWork Tech", "we", "us", or "our") concerning your access to and use of our workplace health and safety software platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Service Description

SafeWork Tech provides a cloud-based software platform designed to help organizations manage workplace health and safety compliance, including but not limited to incident reporting, risk assessments, safety inspections, and compliance tracking.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You may create a personal account or team account with multiple authorized users.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

3.3 Age Requirement

You must be at least 18 years old to use the Service.

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis with various pricing plans. Details of available plans and pricing are available on our website.

4.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually as selected). All fees are quoted in Australian Dollars (AUD) and include GST where applicable.

4.3 Payment Methods

You authorize us to charge the payment method you provide for all fees. If payment fails, we may suspend or terminate your access to the Service.

4.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial subscription periods except as required by Australian Consumer Law.

5. User Content and Data

5.1 Your Data

You retain all rights to the data, content, and information you upload, store, or transmit through the Service ("User Content"). You grant us a limited license to use, store, and process your User Content solely to provide and improve the Service.

5.2 Data Responsibility

You are solely responsible for the accuracy, quality, and legality of your User Content and for obtaining all necessary consents to collect and process data through the Service.

5.3 Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security.

5.4 Data Backup

While we perform regular backups, you are responsible for maintaining your own backup copies of critical data.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use the Service to transmit any viruses, malware, or malicious code
• Reverse engineer, decompile, or disassemble any portion of the Service
• Remove or modify any proprietary notices or labels on the Service
• Use the Service to harass, abuse, or harm another person or entity
• Resell, sublicense, or otherwise commercialize the Service without our express written permission

7. Intellectual Property

7.1 Our Rights

The Service, including all software, content, trademarks, and other intellectual property, is owned by SafeWork Tech or our licensors and is protected by Australian and international intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

8. Third-Party Services

The Service may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, terms, or privacy practices of any third-party services. Your use of third-party services is at your own risk.

9. Warranties and Disclaimers

9.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may suspend the Service for maintenance, updates, or other reasons.

9.2 "As Is" Provision

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

9.3 Professional Advice

The Service is a software tool and does not constitute professional legal, safety, or compliance advice. You should consult with qualified professionals regarding your specific circumstances.

9.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies that you may have under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded.

10. Limitation of Liability

10.1 Liability Cap

To the maximum extent permitted by law, our total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

10.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, whether or not we have been advised of the possibility of such damages.

10.3 Australian Consumer Law

Where liability cannot be excluded by law (such as under the Australian Consumer Law), our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

11. Indemnification

You agree to indemnify, defend, and hold harmless SafeWork Tech, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

12. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our privacy practices as described in the Privacy Policy. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

13. Term and Termination

13.1 Term

These Terms remain in effect while you use the Service.

13.2 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us.

13.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion.

13.4 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your User Content after termination, though we will provide a reasonable opportunity to export your data.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of South Australia and the Commonwealth of Australia, without regard to conflict of law principles.

16.2 Jurisdiction

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Australia, Australia.

16.3 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us to attempt to resolve the dispute informally.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SafeWork Tech regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, or failure of third-party services.

18. Contact Information

If you have any questions about these Terms, please contact us at:

SafeWork Tech Pty Ltd
Email: legal@safeworktech.com
Address: 92 Rundle St, Kent Town, SA 5067

19. Definitions

• "Account" means your user account for accessing the Service
• "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth)
• "GST" means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)
• "Personal Account" means an individual user account
• "Team Account" means a shared workspace account with multiple authorized users
• "User Content" means any data, content, or information you upload or transmit through the Service