Website Terms of Use

This website (Site) is operated by Taits Consulting ABN 33 617 083 413 (we, our or us). It is available at safetycomply.au and may be available through other addresses or channels.

Consent

By accessing or using our Site, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If acting on behalf of a company, you warrant that you are duly authorised to bind that company, and “you” in these Terms refers to your company.

Our Site and Services are not intended for children under the age of 18. If you are under 18, you must not access or use the Site.  Unauthorised use by minors or individuals lacking authority is prohibited, and we are not liable for any resulting consequences.

Your access or use of the Site constitutes electronic acceptance of these Terms. If you do not agree, you must immediately cease all access and use of the Site.

Variations

We may vary these Terms at any time by publishing the updated terms on our Site. For material changes, such as those affecting fees, service functionality, or your obligations, we will notify you via email or your User Account at least 30 days before the changes take effect. If a material change involves a price increase, the new price will apply to your next billing period starting at least 30 days after we notify you (or, for annual subscriptions, your next annual renewal). If you terminate within 30 days of the price increase taking effect for your account, you will not be charged the new price. For other material changes that adversely affect you, you may terminate your Subscription Services within 30 days of the change taking effect without penalty. For Standard Subscription Services, “without penalty” means you will not incur additional fees or charges due to the change. For Enterprise Subscription Services, termination terms are governed by your written agreement or these terms if no written agreement is in place. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate and/or out-of-date.

Licence to Use Our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site solely for personal or internal business purposes, including accessing and using the Subscription Services, in accordance with these Terms. You must not use the Site or Content to create or support a competing product or service. 

Except as expressly permitted by these Terms, you must not copy, reproduce, distribute, reverse-engineer, scrape, sublicense, resell, or otherwise use or exploit the Site or Content without our prior written consent.

Service

Our Services include: (i) a cloud-based, software-as-a-service solution (Subscription Services); (ii) related support services; and (iii) any other products or services we provide as specified in an order.

Our Services exclude:

  • Any data, content, templates, or other information you upload or generate using the Subscription Services (Your Data);
  • Shared materials created by us or other users of the Services that are made available to you (Shared Materials).

We reserve the right to modify our Services, including features, performance, and user interface, at our discretion. If any change materially reduces functionality or results in discontinuation of a Service, we will notify you via email or your User Account at least 30 days in advance (unless impractical due to legal or technical reasons). You may terminate the affected Service within 30 days of the change taking effect. 

No-Charge Services

We may provide certain Services at no charge, including trial access, beta releases, or other free accounts (No-Charge Services). These are provided “as is” without warranty, and we are not liable for any loss, damage, or data loss arising from your use of No-Charge Services, to the extent permitted by law. Data uploaded during No-Charge Services may be deleted upon termination of the trial or service, in accordance with our Privacy Policy. We may discontinue or alter them at any time without liability to you.

Your Accounts

To access the Standard Subscription Services, you must register for an account (User Account).

For Enterprise Subscription Services, your account is managed by either you (Primary User) or an administrative account (Primary User) designated by your organisation for multiple users. The Primary User controls access to the Enterprise Subscription Services, including adding or removing User Accounts. User Accounts must not be shared.

You retain ownership of Your Data, but you grant us a non-exclusive, worldwide, royalty-free license to process, store, and use it as necessary to provide the Services. You are responsible for maintaining the confidentiality of login credentials associated with your User Account. You must use strong passwords and, where available, enable two-factor authentication to secure your User Account. You must immediately notify us at enquiries@safetycomply.au if you suspect unauthorised access. 

You may delete your User Account at any time. For Standard Subscription Services, this will cancel your subscription and immediately delete Your Data, with no refund, subject to our Privacy Policy. For Enterprise Subscription Services, if the Primary User deletes a team member’s User Account, the associated data will be transferred to the Primary User’s account and will not be immediately deleted. If the Primary User deletes the organisation’s entire User Account, the subscription will terminate, and all associated data, including data of all connected users, will be immediately deleted, subject to our Privacy Policy. We are not liable for disputes between Primary Users and other users regarding account management or data access, nor are we responsible for actions taken by the Primary User, including modification or deletion of Your Data.

Orders and Subscriptions

To access the Standard Subscription Services, you must place an order (Order) via our online ordering system.

To access the Enterprise Subscription Services, you must place an order through a written agreement with us, or an approved purchase order from you and/or your organisation and received by us.

The Subscription Term is specified in the Order, written agreement or purchase order. Subscriptions may be monthly or annual depending on your selection. For Standard Subscription Services, an Order will automatically renew unless cancelled before the renewal date. For Enterprise Subscription Services, the written agreement or purchase order will outline whether the Subscription Services are automatically renewed or cease at a defined date.

Billing and Payment

You must pay all fees associated with the Subscription Services per the applicable Order, written agreement or purchase order. Payment for Subscription Services is required during signup (for Standard Subscription Services) or as per the written agreement or purchase order (for Enterprise Subscription Services), and on or before each renewal date, and is paid in advance for the subscription period. 

If a Standard Subscription Service is set to auto-renew and payment is not received before the renewal date, the website will automatically attempt to capture the payment at the time of renewal. If a Subscription Service is not paid by the renewal date, or if subscription payments fail, the subscription will be placed on hold, and access to the Subscription Services will be immediately restricted. Standard Subscription Services Users whose account is restricted should sign into their account settings and follow the prompts to complete payment for their subscription. Enterprise Subscription Services Primary Users whose account is restricted should contact enquiries@safetycomply.au to resolve payment of the account. 

All fees are non-refundable except: (i) where required by law; or (ii) if we fail to provide the Subscription Services due to our fault in which case we may offer a pro-rata refund or credit at our discretion. Fees are exclusive of GST unless stated otherwise. Subscription Services are billed in advance.

We do not store your full credit card information. When you enter a credit card on the Site, our payment processor (Stripe) communicates securely with your bank or financial institution and uses tokenised information that is only usable by SafetyComply for online payments. You may revoke these tokens at any time by visiting “My Account > Payment Methods” and removing the card, or by contacting your bank or financial institution. We implement reasonable security measures to protect your personal information in accordance with our Privacy Policy and applicable laws, including the Privacy Act 1988 (Cth).

If payment is by invoice, it is due within 30 days of issue or as outlined in the written agreement or purchase order. If payment is overdue, we will notify you and may suspend access to the Subscription Services after 7 days if the overdue amount remains unpaid.

Payment Processing Fees

We may pass on third-party payment processing fees (e.g., Stripe transaction fees) incurred for your subscription payment. These fees will be itemised separately at checkout or on your invoice and will not exceed the actual cost to us. For Standard Subscription Services, you may avoid these fees by arranging an alternative payment method, such as bank transfer, by contacting us directly at enquiries@safetycomply.au. For Enterprise Subscription Services, invoiced payments may also avoid these fees, depending on the payment method agreed in your written agreement or purchase order.

By proceeding with a payment, you agree to pay the applicable processing fee in addition to the subscription fee.

Termination

You may terminate Standard Subscription Services by cancelling your subscription or deleting your User Account.  You may terminate Enterprise Subscription Services by written notice or by deleting the organisation’s entire User Account, if you are the Primary User. 

For Subscription Services, after the renewal/termination date, you may retain limited account access (e.g., to log in) until your account is deleted, but you will not be able to access core Subscription Services functionalities (e.g., regulation search, audits etc…). 

No refunds will be issued except: (i) where required by law; (ii) if we fail to provide the Subscription Services due to our fault; or (iii) as provided in the Service clause for material changes, in which case we may offer a pro-rata refund or credit at our discretion. If you terminate due to a price increase, as provided in the Variations clause, you will not be charged the new price for any billing period beginning after your termination notice. If you terminate due to another material change, you will not incur additional fees or charges due to the change. 

We may terminate or suspend your access immediately for material breaches (e.g., non-payment, illegal use). Upon termination, you and your Users (Enterprise Subscription Services) must cease all access to the Subscription Services, and we may delete Your Data in accordance with our Privacy Policy. We reserve the right to delete accounts and Your Data at any time after termination, but we will typically retain them for 30 days to allow you to request access, unless you request earlier deletion.

You may request access to Your Data within 30 days by contacting enquiries@safetycomply.au, subject to our Privacy Policy and technical feasibility. 

Provisions of these Terms that by their nature survive termination, including intellectual property, limitation of liability, indemnity, dispute resolution, and this Termination clause, will continue in effect.

Prohibited Conduct

You must not do or attempt to do anything that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute.

Exclusion of Competitors

You must not use the Site or Content to develop, operate, promote, or support any product or service that is substantially similar to, or competes with, SafetyComply.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the extent permitted by law.

The regulations which have been included in SafetyComply are:

  • WHS (Mines) Regulations 2022 in Western Australia – from 5A (Chapter 1, Part 1.1) to 675ZY (Chapter 10, Part 10.7A, Division 6).
  • WHS (General) Regulations 2022 in Western Australia – from 6 (Chapter 1, Part 1.1) to 529J (Chapter 8, Part 8A.3).

Our Services are designed to support understanding with these regulations, but we do not guarantee compliance. You should verify requirements with official sources, such as Worksafe WA, and consult qualified professionals.

Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Some Content may be licensed from third parties and subject to additional terms, which you agree to comply with. Your license to use Content is limited to the duration of your subscription and for internal business purposes only. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest.

Except as permitted by the Licence to Use Our Site section, you must not copy, reproduce, distribute, retransmit, disseminate, sell, publish, broadcast, or circulate any Content, or create derivative works from the Content, without our prior written consent. Any feedback or suggestions you provide about the Site or Services become our property, and we may use them without obligation to you.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process it solely to provide and improve the Services. This license terminates upon cancellation of your subscription, except for data we must retain for legal or operational purposes. You agree that you are solely responsible for all User Content that you make available on or through our Site. You warrant that your User Content does not infringe third-party rights or violate applicable laws, and you indemnify us against any claims arising from such violations.

Third Party Sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and Disclaimers

To the extent permitted by law, we make no representations or warranties about our Site, Services, or Content, including that they are complete, accurate, reliable, up-to-date, suitable for any purpose, uninterrupted, error-free, virus-free or secure. Use of the Services does not constitute legal advice or guarantee compliance with the Work Health and Safety Act 2020, Work Health and Safety (Mines) Regulations 2022, or Work Health and Safety (General) Regulations 2022. 

Although we have made the best endeavours to transcribe the legislation correctly into this Site, we are not responsible if there are any errors contained within this Site. The information herein does not remove the obligations placed on duty holders, as defined under applicable health and safety legislation. Failure of this Site to identify breaches of particular statutory requirements does not imply that there are no situations where breach of statute has occurred. You should consult a qualified health and safety professional or legal advisor and verify requirements with official sources, such as WorkSafe WA.

You read, use and act on our Site, the Subscription Services and the Content at your own risk.

Limitation of Liability

To the extent permitted by law, we are not liable for any loss, damage, or expense (including indirect or consequential losses such as lost profits) arising from your use of our Site, Services, or Content, or from any inaccessibility, interruption, outage, data loss, or Content inaccuracies. For Standard Subscription Services and Enterprise Subscription Services, our total liability is capped at the fees paid by you in the 12 months prior to the claim. Nothing in these Terms excludes or limits your rights under the Australian Consumer Law, including guarantees that services will be provided with due care and skill and be fit for purpose. If we fail to meet these guarantees, you may be entitled to a refund, re-performance, or compensation, as applicable under the Competition and Consumer Act 2010 (Cth).

Indemnity

To the extent permitted by law, you must indemnify us and hold us harmless against any liability suffered or incurred by us arising from your use of our Site or breach of these Terms or applicable laws. This indemnity is a continuing obligation, independent from other obligations under these Terms, and continues after these Terms end.

Disputes

If a dispute arises, the claiming party must provide written notice detailing the dispute and proposed resolution. The parties must meet within 7 days to resolve the dispute in good faith. If unresolved within 21 days, either party may request mediation through an agreed mediator before pursuing litigation. All disputes are governed by the laws of Western Australia.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision, that provision is severed from these Terms without affecting the validity or enforceability of the remainder.

General

We may identify you as a customer and use your logo (for Enterprise Subscription Services) in our marketing materials, such as our website. You may revoke this consent at any time by contacting us at enquiries@safetycomply.au, and we will cease such use within 30 days.

We will handle your personal information in accordance with our Privacy Policy and applicable laws, including the Privacy Act 1988 (Cth). We implement reasonable security measures to protect your data and will notify you of any notifiable data breaches as required by law. Data is stored on servers in Australia.

We are not liable for delays or failures in performing our obligations under these Terms due to events beyond our reasonable control, including natural disasters, cyberattacks, or government actions. We will notify you of such events and work to restore services as soon as practicable.

These Terms, together with any written agreement or purchase order for Enterprise Subscription Services, constitute the entire agreement between you and us, superseding all prior communications or agreements. In case of conflict, the written agreement for Enterprise Subscription Services prevails over these Terms.

We comply with applicable laws, including the Spam Act 2003 (Cth) for communications and relevant cybersecurity standards for data protection.

Jurisdiction

These Terms and your use of the Site are governed by the laws of Western Australia. You submit to the exclusive jurisdiction of the courts of Western Australia and any courts hearing appeals from them, waiving any objection based on forum non conveniens or similar grounds. The Site is intended for use by Australian residents, including when accessing it from outside Australia (e.g., while travelling). If you access the Site from outside Australia, you are responsible for complying with applicable local laws, and we make no representation that our Site complies with the laws of any country outside Australia.

Contact

For any questions and notices, please contact us at:

Taits Consulting ABN 33 617 083 413

Email: enquiries@safetycomply.au 

Last update: 16 May 2025