Safe Workplace Docs

Terms and Conditions of Use

About the Service
1. Welcome to the software application titled SAFE WORKPLACE DOCS (the ‘Application’) and its accompanying website, which can be found here www.safeworkplacedocs.com (the ‘Website’). Collectively, the Application and the Website are referred to as ‘the Service’.
2. The Website and the Application are owned and controlled by Generik Pty Ltd t/a Safe Workplace Docs (Australian Business Number: 23 609 804 346), (‘SWD’)
3. The Website and the Application are provided to you for use as a service to provide users with health and safety tools and templates through the Application. Our paperless tools and templates provide users with an ability to input information for day to day business needs. The Application provides users with a software as a service tool to store and record information within the templates and tools provided without the need to touch a single piece of paper.
4. The Service is provided to you as a document management system only. It is not affiliated with or endorsed by any state based, or federal government departments in any industry. Use of the Service will not in and of itself, satisfy government legislation, or government regulations specific to your industry.
5. Applicable standards and codes of practice may apply to your circumstances, and these terms apply to your use of the Service only. They are not a substitute for independent professional advice. Users and Members (defined below) should obtain professional advice relevant to their circumstances.
6. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website or the Application, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Service, or any of its products or Services, immediately.
7. SWD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SWD updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Your use of this Service following the posting of such shall constitute your acceptance of any such changes.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by SWD in the User interface.
Using the Application
1. In order to access the Application, you are first required to have a Google Account or Apple ID account on your device to download the SWD application through Google Play for Android devices or App Store for Apple Devices. Details of how to obtain a registration can be found here in the case of Google Account, and here in the case of Apple ID.
2. Once the Application has been downloaded, you are required to create an account as follows (your ‘Account’):
  1. The User must first open the Application.
  2. Once the Application is open, the User will be able to register for an account by following the prompts.
    1. Using the menu bar click on ‘Create an Account’ button. Once clicked the User will be taken to a ‘Create an Account’ page.
    2. From the main menu, press ‘Templates’, open the desired template from the list provided by clicking on the button. Fill out the required content in each desired field and press ‘Submit’, you will be taken to the ‘Create an Account’ page.
    3. When a users saves the document the document will only save the data on the device unless you are logged in to an existing account. This does not therefore infer that an account has been created and the User of the Application must create an account using the steps in sections 3.2.2.1 and 3.2.2.2.
3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. an email address;
  2. preferred username;
  3. a password;
  4. Company website url, company logo (if applicable).
4. You warrant that any information you give to SWD in the course of completing the registration process will always be accurate, correct and up to date.
5. Once you have completed the registration process, you will be a registered member of the Service (‘Member’) and agree to be bound by the Terms.
6. You may not use the Service and may not accept the Terms if:
  1. not of legal age to form a binding contract with SWD (at least 18 years old); or
  2. you are a person barred from entering into a contract for services in the jurisdiction in which you wish to use the Service.
Your obligations as a Member
1. As a Member, you acknowledge and/or agree to comply with the following:
  1. you will not share your personal profile with any other person;
  2. you will use the Services only for purposes that are permitted by these Terms, and any applicable law.
2. you have sole responsibility for protecting the confidentiality of your password and/or email address;
3. access and use of the Service is limited, and non-transferable. This includes use of any materials you obtain through the Service. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SWD of any unauthorised use of your password or email address or any breach of security of which you have become aware;
4. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
5. you acknowledge and agree that any automated use of the Service or its Services is prohibited.
Using the Service
1. To use the Application, you must first create an account and become a Member. You must then login and enter your login details. A Member can then create, store and finalise documents which they can ‘pay as you go’ or through a subscription service.
2. All draft docs for non-subscribers will be deleted after 30 days. App notifications will inform the User of expiring draft docs 10 days, 5 days and 1 day before deletion. All draft docs for current paying subscribers will be deleted after 2 years. App notifications will inform the User of expiring draft docs 30 days, 10 days, 5 days and 1 day before deletion.
3. If a paying subscriber unsubscribes then their account will revert to a ‘Pay As You Go’ non-subscriber and any existing draft docs will be deleted in 30 days with the same notifications of 10 days, 5 days and 1 day before deletion.
4. The completion of the documents will be enacted when the submission process has been made. Once purchased, the documents will instantly become available via the creation of the ‘.Pdf’ format and accessibility in the ‘Docs’ folder. A finalised copy of a Member’s completed template will be stored for future reference within the ‘Docs’ folder, and may be used via a pay as you go or subscription model method, at the Member’s discretion.
5. The Application allows for each User to run the Application on a maximum of 2 devices. If more than two devices are used the device which was used first will no longer be able to use the Application.
6. Finalised Docs – Pay As You Go: All finalised docs for non-subscribers who have paid to finalise their doc will have their doc information and any attachments saved for 2 years. App notifications will inform the User of expiring finalised docs 30 days, 10 days, 5 days and 1 day before deletion.
7. Finalised Docs – Subscription: All finalised docs for current paying subscribers will be securely stored for the duration of their subscription. If a paying subscriber chooses to unsubscribe then their account will revert to a ‘Pay As You Go’ non-subscriber account and any existing finalised docs will have their doc information and any attachments saved for 2 years from the date they unsubscribed. App notifications will inform the User of expiring finalised docs 30 days, 10 days, 5 days and 1 day before deletion.
8. For the avoidance of doubt, the documents are able to be stored on the Users or Member’s device. Submitting any applicable document to any government department or regulatory body is the responsibility of the Member, and SWD makes no warranty with respect to the delivery or acceptance of the documents by any third parties.
9. Ownership of the copyright in any material you record and/ or upload via the Service remains with you (the “User Generated Content”). By agreeing to these Terms, continuing to use the Service as either a User or a Member, you grant SWD an irrevocable, worldwide, royalty free licence in perpetuity to use your User Generated Content, for its own research purposes, and to improve the quality of the Service, and to provide additional benefits and functionality through the Service. Use of the information will be non personal or identifiable in nature and will be used in accordance with our privacy policy, which can be found (here).
10. Each doc contains a unique number identifying it. This document identification number includes a User id number that is not referenced anywhere else.
Warranties
1. You represent, acknowledge and warrant that:
  1. You are eligible to use the Service and become a Member;
  2. User Generated Content is original to you, and you have the right to grant the rights and licenses set forth in these Terms;
  3. The placement and use of your content on or through the Application does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property.
Availability, Outage and Loss of Data
1. SWD uses all reasonable commercial endeavours to keep the Service operating at all times. Nonetheless, the Service may experience outages from time to time. Such outage may be caused by third parties, or may be a consequence of SWD maintenance activity, where we are looking to improve the quality of the Service. In circumstances where we know in advance that an outage is likely, we will provide notice in advance, so that you may back up your systems or otherwise ensure the safety of your data. Whatever the reason behind the outage, we will use all reasonably commercial endeavours to ensure that your data is safe. However, we cannot guarantee this. For this reason, we recommend that you back up your content regularly.
2. The Service utilises third parties to provide services within the Service. In particular, we use Firebase to store our data securely. The terms and conditions of how their service operates can be found (here). Should the terms of service from those third parties change, our ability to provide the Service may be impacted. When circumstances beyond our control change the scope of the Service, we will immediately inform you. Our privacy policy tells you which third party services are operating within the Service, and what data is being collected from you.
3. You acknowledge that the Application involves transmission of data over networks that are not owned and operated by SWD. Accordingly, while we make every effort to ensure complete security at all times, e make no guarantees that our security procedures, or those of our third party partners) will be errorless and that the transmission of data will always be secure.
Payments
1. 1. By SWD providing the Services to you, you agree that the funds are transferred on a single use, defined as ‘pay as you go’ or subscription basis depending on the setup of the purchased document.
  2. For Android devices using the Google Play account the following process occurs when purchasing: How to purchase a document on Android
  3. For Apple devices using the App Store, the following process occurs when purchasing: How to purchase a document on Apple
2. All payments made in the course of your use of the Services are made using your account through the Apple ID account or the Google Account. In using the Service, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on the respective provider’s website, which can be found here:
  1. Apple
  2. Google
Refund Policy
1. We are not required to provide a refund if you change your mind on any of the products purchased, but you can choose a refund or exchange if an item has a major problem including, but not limited to:
  1. a problem with a product within the Service that would have stopped someone performing the task they aimed to in its entirety from start to finish, without any faults or loss of data from the users own doing or the device malfunction;
  2. There is a problem that would have stopped someone from making the purchase if they had known about the error before their purchase; or
  3. The product is significantly different from the sample or description; or
  4. The error cannot be easily fixed.
2. If the issue is not a major problem, we will make all reasonable attempts to repair the issue within a reasonable timeframe, or you can choose a refund for the cost of the malfunctioning product you purchased to be replaced. You must provide proof of purchase from your account.
Intellectual Property
1. The Service, the Services and all of the related products of SWD are subject to international copyright. The material on the Service is protected by copyright under the laws of Australia. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Service (including but not limited to text, graphics, logos, button icons, video images, audio clips, Service, code, scripts, design elements and interactive features) or the Services, are reserved by SWD.
2. SWD grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  1. use the Service pursuant to the Terms;
  2. copy and store the Application and the material contained in the Service in your devices; and
  3. print pages from the Service for your use.
  SWD does not grant you any other rights whatsoever in relation to the Service or the Services. All other rights are expressly reserved by SWD.
3. All trademarks, service marks and trade names are owned, registered and/or licensed by SWD.
4. You undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, share, loan or distribute the Service or any part of it, other than as expressly authorized by this Agreement.
5. You are not authorised to sell, share, sub license or distribute copies of the Service.
6. All content you include in any of the documents you obtain from use of the Service remains with you.
Privacy
SWD takes your privacy seriously and any information provided through your use of the Service and/or Services are subject to SWD’s Privacy Policy, which is available on the Service and can be found here.
General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. SWD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Service and the Services is at your own risk. Everything on the Service and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SWD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SWD) referred to on the Service. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Service, the Services, or any of its Services related products (including third party material and advertisements on the Service);
  3. costs incurred as a result of you using the Service, the Services or any of the products of SWD; and
  4. the Services or operation in respect to links which are provided for your convenience.
4. You acknowledge that the Service are only intended to facilitate the safe keeping of certain work safety information. Using the Service alone does not free you of your obligations to any applicable government department, organization, or agency, and SWD expressly excludes any warranties related to your obligations under any prevailing and applicable legislation that impacts your industry of any kind.
Limitation of Liability
1. SWD shall not be liable for any form of incidental, indirect, special, exemplary, punitive or consequential Loss including any third party Loss, loss of profits, loss of production, increased operating costs, loss of revenue, loss of data, loss or denial of opportunity, loss of goodwill, loss of reputation, loss of anticipated savings, loss of interest or credit rating or any pure economic loss; which is not a natural or normal consequence of a cause of action suffered or incurred by you whether arising in contract or tort (including negligence) in equity, or under any statute. For the purposes of this clause ‘Loss’ means all liabilities, losses, damages, fees, expenses and costs (including legal costs on a full indemnity basis and whether incurred or awarded and disbursements reasonably incurred) of any kind and nature whether arising in contract or tort (including negligence) in equity, or under any statute.
2. Notwithstanding any other clause in this Agreement and to the extent permitted by law, the maximum liability of SWD arising out of or relating to this Agreement both during and after the Term shall be limited to one year’s subscription to the Service.
3. You acknowledge and agree that SWD holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Service.
Termination
1. If you want to cease using the Service, you may do so by providing SWD with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to via the ‘Contact Us’ link on our homepage.
2. SWD may at any time terminate these Terms if:
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. SWD is required to do so by law;
  3. SWD is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  4. the provision of the Services to you by SWD is, in the opinion of SWD, no longer commercially viable.
3. Subject to local applicable laws, SWD reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Service or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SWD’s name or reputation or violates the rights of those of another party.
4. When your membership come to an end, all of the legal rights, obligations and liabilities that you and SWD have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
1. You agree to indemnify SWD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Service or attempts to do so; and/or
  3. any breach of these Terms.
Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. Any action, claim or dispute seeking legal or equitable relief arising out of or relating to these Terms, or the Service will be brought only in the courts of the State of Victoria, Australia, and be heard under the laws of Victoria, Australia.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.