Terms of Use

These terms apply to Workplace Safe, operated by Workplace Safe Pty Ltd (ABN 95 631 676 769). Workplace Safe includes our website, web portal, mobile applications and related services. In these terms, “we”, “us” and “our” mean Workplace Safe Pty Ltd.

1. Using Workplace Safe

Workplace Safe helps organisations manage workplace safety information and activities, including people, projects, policies, training, inductions, equipment, prestarts, hazards and incidents. Available features depend on the organisation's plan, configuration and your permissions. The service is intended for Australian workplaces.

The service may include additional modules and integrations introduced from time to time. Any additional charges or feature-specific terms will be disclosed before you choose to purchase or enable them. Enabling an optional feature does not give us unrestricted rights to use your organisation's records.

By accepting these terms when registering or subscribing, you agree to them. If you register or purchase a subscription for an organisation, you must have authority to act for it. The organisation is responsible for its subscription; an invited worker does not become responsible for subscription fees merely by using the service.

2. Workplace safety responsibilities

Workplace Safe supports your organisation's safety processes. It does not replace its legal duties, supervision, risk assessments, inspections, professional advice or emergency procedures. Your organisation must assess whether its documents, controls and instructions are suitable for its work and keep them current.

A recorded acknowledgement or completed task does not, by itself, establish competence, eliminate a hazard or demonstrate legal compliance. Notifications can be delayed or missed. Do not rely on the service to report an emergency or obtain an immediate response; use your workplace's emergency procedures and call 000 where emergency assistance is required.

3. Accounts and authorised access

Provide accurate account information, keep your login credentials confidential and tell us promptly if you suspect unauthorised access. Use your own account and only access organisations, projects and records you are authorised to use. An organisation's administrators manage access within its account. Access to one organisation does not authorise access to another.

Workers under 18 may use the service when authorised by their organisation. The organisation must provide age-appropriate information and supervision and obtain any consent or authorisation required by law. Registration alone does not establish parental consent.

4. Trials, subscriptions and payments

Our standard trial lasts 30 days. Any different trial offer must be clearly disclosed and accepted at signup. The applicable price, included features, billing period and renewal arrangements are those presented when the organisation subscribes. Paid subscriptions renew automatically unless cancelled before renewal. We currently use Pin Payments for payment processing.

For monthly subscriptions, cancellation takes effect at the end of the monthly period already paid for, and access continues for that period. Cancelling stops subsequent renewal; it does not automatically delete business records. Contact support@workplacesafe.com.au if you need assistance with cancellation.

If we offer another billing period or a separately negotiated plan, its cancellation arrangements must be clearly disclosed and accepted before purchase. Introducing a new plan does not retrospectively change an existing paid period.

We do not provide refunds for change of mind, unused time or ordinary cancellation. This does not exclude any refund, cancellation, compensation or other remedy required by Australian Consumer Law or another applicable law.

Any proposed price change will be communicated before it applies to a future renewal, with an opportunity to cancel before the new price takes effect. A price change will not retrospectively alter a period already paid for.

5. Your organisation's records

Uploading information does not transfer ownership of it to us. Intellectual property rights remain with the relevant organisation, individual or other rights holder. You must have authority to upload and use the information, including personal information about other people.

You give us a non-exclusive licence to host, store, copy, back up, process and display submitted content only as reasonably necessary to provide, secure and support the service, act on authorised instructions and meet legal obligations. We may use service providers for these purposes. This licence does not permit us to publish private workplace records for advertising.

We treat non-public customer records as confidential. We may disclose them to authorised users, service providers who need them for the service, or where disclosure is required or permitted by law. Personal information is handled as explained in our Privacy Policy.

Your organisation is responsible for the accuracy and lawful collection of its records, managing permissions and deciding what information its workers and other authorised users need. Only include injury or health information reasonably needed for the relevant workplace purpose.

We may use technical usage information and appropriately de-identified statistics to understand performance and improve the service. We may produce aggregate reports only where individuals and customer organisations cannot reasonably be identified, including by combining the reports with other available information. This permission does not by itself authorise publication of identifiable workplace records or training general-purpose AI models on private customer content. Any such new processing requires a separate assessment, appropriate notices and any legally required consent.

6. Acceptable use and intellectual property

We and our licensors retain rights in the software, branding and supplied materials. You may use them for the authorised purposes of the service. Your organisation may allow authorised advisers or contractors to work within its account, subject to its permissions and these terms.

You must not access another person's account without authority, bypass security or access restrictions, introduce malicious software, unlawfully disclose personal information, infringe intellectual property rights, harass others, or interfere with the service. You must not resell the software or copy or reverse engineer it except with our permission or where permitted by law. These restrictions do not prevent lawful use or export of your organisation's own records.

7. Service changes and suspension

We may maintain, update and improve the service. We do not promise uninterrupted or error-free operation. We will give reasonable notice of material changes affecting a paid subscription where practicable.

We may add, replace or retire features and change technical providers. If a change materially reduces the core functionality of a service you have already paid for, we will offer a reasonable alternative or allow cancellation of the affected service with a proportionate refund for the unused prepaid period. Security and legal changes may require immediate action. No fixed uptime, response time or restoration time is promised unless separately agreed in writing.

Neither party is responsible for a delay to the extent caused by events beyond its reasonable control that it could not reasonably prevent or overcome. The affected party must take reasonable steps to limit the impact and resume performance. This does not excuse a failure to take reasonable security or continuity precautions, or remove statutory cancellation or refund rights.

We may restrict or suspend access where reasonably necessary to address a security risk, unlawful use, material breach or unpaid subscription. Where practicable, we will explain the reason and provide an opportunity to resolve the issue. Urgent protective action may be taken without advance notice. Any action will be proportionate to the circumstances and subject to your statutory rights.

8. Access, export and deletion requests

Contact support@workplacesafe.com.au to request access to or an export of records. Available in-product export options are limited; we will assess assisted requests and explain the available scope, format and any restrictions before proceeding.

Custom extraction, conversion or migration work is not included unless agreed. If such work is requested, we will agree its scope and any lawful charge before starting. This does not limit statutory access rights or permit a charge prohibited by law. Ask about retrieving important records before access ends; cancellation does not create a promise of indefinite storage. Any later introduction of a retention or deletion schedule will be communicated with a reasonable opportunity to request relevant records, subject to legal requirements.

The business account owner may request removal of the organisation's data through support. We verify identity and authority and review applicable retention obligations before acting. A request is not an immediate deletion instruction or a guarantee that every record can be erased.

Removing a person's access, ending their employment or cancelling a subscription does not automatically remove historical safety records. Individuals may separately request access, correction or deletion of their personal information under our Privacy Policy. A business owner's approval does not override an individual's legal rights.

9. Consumer rights and limits of liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee or other right or remedy that cannot lawfully be excluded, restricted or modified. This includes rights under Australian Consumer Law. We remain responsible for our conduct to the extent required by law.

Subject to those rights, we do not guarantee that using Workplace Safe will prevent incidents or achieve a particular compliance outcome. Each party must take reasonable steps to limit losses once it becomes aware of a problem. Responsibility for a loss is reduced to the extent that the other party's acts or omissions caused or contributed to it.

Liability cap: subject to the exceptions below, our total liability to the subscribing organisation arising from the service, whether in contract, negligence or otherwise, is limited to the greater of A$1,000 and the total subscription fees that organisation paid us in the 12 months immediately before the first event giving rise to the claim. The cap applies in aggregate to claims arising from the same event or a series of related events. It does not combine unrelated claims into a single lifetime cap.

Excluded losses: subject to the exceptions below, neither we nor the subscribing organisation are liable to the other for indirect or consequential loss that was not reasonably foreseeable when the contract was entered into. This does not exclude direct loss merely because it involves lost revenue or data, and does not exclude reasonable direct costs of recovering or restoring data for which a party is otherwise liable.

Exceptions: the liability cap and excluded-loss provision do not apply to liability that cannot lawfully be limited or excluded, fraud, wilful misconduct, death or personal injury caused by negligence, or a party's breach of its confidentiality or privacy obligations. They do not limit an individual's statutory rights or purport to bind a person who is not a party to the agreement. They also do not excuse payment of properly due subscription fees or any refund we are required to provide.

These provisions allocate certain commercial risks between us and the subscribing organisation; they do not transfer the organisation's workplace safety duties to us or release us from duties imposed by law. You are not required to indemnify us for our negligence or misconduct.

10. Third-party services

External websites, app stores and third-party services may have their own terms and privacy policies. A link does not mean we endorse its content. Their involvement does not remove our responsibilities under applicable law.

If you authorise an integration, information will be shared as needed for the function you enable and as explained in the applicable notices. We may change service providers while remaining responsible for our contractual and legal obligations.

11. Changes to these terms

We may update these terms to reflect changes to the service or law. We will make the updated terms available and provide reasonable advance notice of material changes affecting existing customers, except where an urgent legal or security reason requires earlier action. Where a material change adversely affects your paid service, contact us to discuss your options, including any applicable cancellation or refund rights. Changes do not remove rights that have already accrued.

12. Questions and disputes

Contact support@workplacesafe.com.au with questions, billing concerns or complaints. Please give us a reasonable opportunity to investigate and respond. This does not prevent you from exercising legal rights or contacting a regulator.

If a provision is unenforceable, the remaining provisions continue to apply to the extent possible. A delay in exercising a right does not waive it. Any separately agreed written contract with your organisation prevails to the extent it expressly varies these terms.

We may transfer this agreement as part of a genuine sale, merger or reorganisation of our business if the successor assumes our obligations and the transfer does not materially reduce your rights. We will notify affected customers. Any transfer of personal information remains subject to our Privacy Policy and applicable law.