1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Workplace Safety & Training Services Pty Ltd, trading as Howsafe ("Howsafe", "we", "us", or "our").
By accessing our website, using our services, purchasing our products, or engaging our consultancy services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
These Terms apply to all services provided by Howsafe, including but not limited to: WHS consultancy, safety documentation packages, training services, cloud-based safety management portal access, and any related products or services.
2. Our Services
2.1 WHS Consultancy Services
Howsafe provides workplace health and safety consultancy services, including risk assessments, safety audits, management system development, incident investigations, and compliance advice. Our consultants provide professional guidance based on current Australian WHS legislation and best practices.
2.2 Documentation and Templates
We provide WHS documentation packages including Safe Work Method Statements (SWMS), Standard Operating Procedures (SOPs), policies, risk assessments, and other safety documents. These are provided as templates and guidance materials that must be customised to your specific workplace and operations.
2.3 Cloud-Based Portal
Our cloud-based safety management portal provides tools for document management, incident reporting, training records, and compliance tracking. Access is provided on a subscription basis subject to these Terms.
2.4 Training Services
We offer WHS training programs, inductions, and professional development courses. Training may be delivered on-site, at our facilities, or online, as specified in your service agreement.
3. Client Responsibilities
As a client of Howsafe, you acknowledge and agree that:
- Ultimate Responsibility: You retain ultimate responsibility for workplace health and safety in your business. Howsafe provides advice, tools, and documentation to assist you, but does not assume your legal duties as a Person Conducting a Business or Undertaking (PCBU) under WHS legislation.
- Accurate Information: You will provide accurate, complete, and current information about your business, operations, and workplace hazards to enable us to provide appropriate advice and services.
- Document Customisation: You are responsible for reviewing, customising, and implementing any templates or documentation we provide to ensure they are appropriate for your specific workplace, operations, and legislative requirements.
- Implementation: You are responsible for implementing any recommendations, procedures, or controls we advise, and for ensuring your workers are trained and comply with safety requirements.
- Ongoing Compliance: You are responsible for maintaining ongoing compliance with WHS legislation, including keeping documents current and responding to changes in your operations or legislative requirements.
- Portal Use: You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
4. Fees and Payment
4.1 Pricing
Fees for our services are as quoted or as set out in your service agreement. All prices are in Australian dollars and are exclusive of GST unless otherwise stated.
4.2 Payment Terms
Payment terms are as specified in your invoice or service agreement. Unless otherwise agreed, invoices are due within 14 days of issue. We accept payment by credit card, direct deposit, or other methods as advised.
4.3 Subscriptions
Portal access and ongoing services may be provided on a subscription basis. Subscriptions will automatically renew unless cancelled in accordance with Section 8. We may adjust subscription fees with 30 days' notice.
4.4 Late Payment
We reserve the right to charge interest on overdue amounts at the rate of 2% per month. We may also suspend access to services or the portal if payment is overdue by more than 30 days.
5. Intellectual Property
5.1 Our Intellectual Property
All intellectual property in our services, including but not limited to documentation templates, training materials, portal software, methodologies, and branding, remains the property of Howsafe. You are granted a non-exclusive, non-transferable licence to use materials we provide for your internal business purposes only.
5.2 Restrictions
You may not:
- Resell, redistribute, or commercially exploit our materials without written permission
- Remove or alter any copyright notices or branding from our materials
- Use our materials to provide services to third parties
- Reverse engineer, decompile, or attempt to extract source code from our portal
5.3 Your Content
You retain ownership of any content you upload to our portal or provide to us. You grant us a licence to use this content as necessary to provide our services to you.
6. Limitation of Liability
6.1 Nature of Our Services
Our services are provided as professional advice and guidance. We do not guarantee that our services will prevent workplace incidents, ensure full compliance with all legislation, or eliminate all workplace risks. Workplace safety is a shared responsibility that requires ongoing commitment from all parties.
6.2 Exclusion of Liability
To the maximum extent permitted by law, Howsafe excludes all liability for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Workplace incidents, injuries, or illnesses
- Regulatory fines, penalties, or prosecution
- Any failure by you to implement our recommendations or use our materials appropriately
6.3 Cap on Liability
Where liability cannot be excluded, our total liability to you for any claim arising from our services is limited to the fees paid by you for the specific service giving rise to the claim in the 12 months preceding the claim.
6.4 Consumer Guarantees
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
7. Termination and Cancellation
7.1 Cancellation by You
You may cancel subscription services at any time by providing written notice. Cancellation will take effect at the end of your current billing period. No refunds are provided for partial billing periods.
7.2 Termination by Us
We may suspend or terminate your access to our services immediately if:
- You breach these Terms and fail to remedy the breach within 14 days of notice
- You fail to pay fees when due
- You become insolvent or enter administration
- Your use of our services poses a security risk or may harm other users
7.3 Effect of Termination
Upon termination, your access to the portal will cease, and you must cease using any materials provided under licence. You may retain copies of documents you have customised for your own records, but may not continue to use Howsafe templates or branding.
8. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our engagement. This includes, but is not limited to:
- Business operations and processes
- Incident reports and investigation findings
- Employee information
- Commercial terms and pricing
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Indemnity
You agree to indemnify and hold harmless Howsafe, its directors, employees, and contractors from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
- Your breach of these Terms
- Your failure to implement safety measures or comply with WHS legislation
- Your misuse of our materials or services
- Any workplace incident at your premises
- Claims by your employees, contractors, or third parties
10. Dispute Resolution
If a dispute arises between us, we agree to follow this process:
- Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation.
- Mediation: If negotiation is unsuccessful within 14 days, the parties will attempt mediation with a mutually agreed mediator.
- Legal Proceedings: If mediation is unsuccessful, either party may commence legal proceedings.
Nothing in this clause prevents a party from seeking urgent injunctive relief.
11. General Provisions
11.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
11.2 Entire Agreement
These Terms, together with any service agreement or quote, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
11.3 Amendments
We may amend these Terms from time to time. We will notify you of material changes by email or through our portal. Continued use of our services after changes take effect constitutes acceptance of the amended Terms.
11.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
11.5 Waiver
A failure by either party to enforce any right under these Terms does not constitute a waiver of that right.
11.6 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to a successor or affiliate.
12. Force Majeure
Neither party will be liable for any failure or delay in performing their obligations where such failure or delay results from circumstances beyond their reasonable control, including but not limited to natural disasters, pandemic, government actions, power outages, or telecommunications failures.
13. Notices
Any notice required under these Terms must be in writing and sent by email or post to the addresses provided. Notices are deemed received on the day of sending (if by email) or 3 business days after posting (if by post).
14. Contact Us
If you have any questions about these Terms of Service or wish to contact us for any reason, please use the following details: