Terms & Conditions

TERMS AND CONDITIONS

Effective Date: 25/02/2026
Entity: WORKSITEDIARY ABN 25792937644 (WorkSiteDiary, we, us, our)

1. AGREEMENT TO TERMS
1.1 These Terms and Conditions govern your access to and use of the WorkSiteDiary website, platform, applications, APIs, and related services (Services).
1.2 By creating an account, clicking acceptance, signing an order form, or using the Services, you agree to these Terms.
1.3 If you accept on behalf of a company or other entity, you confirm you have authority to bind that entity, and you means that entity and its authorised users.

2. ELIGIBILITY AND ACCOUNT RESPONSIBILITIES
2.1 You must be at least 18 years old and legally capable of entering contracts.
2.2 You must provide accurate and current account information.
2.3 You are responsible for all activity under your account, including activity by team members, contractors, and invited users.
2.4 You must keep login credentials secure and promptly notify us of any unauthorised access or security incident.

3. SUBSCRIPTIONS, FEES, BILLING, AND TAXES
3.1 Paid features require an active subscription plan.
3.2 Fees, billing cycles, usage limits, and plan inclusions are set out on our pricing page and/or your order form.
3.3 Subscriptions renew automatically for the same term unless cancelled before renewal.
3.4 You authorise us and our payment processors to charge subscription fees, applicable taxes, and approved overage charges.
3.5 Fees are non-refundable except where required by law or expressly stated in these Terms.
3.6 We may change fees with at least 30 days notice. Fee changes apply from your next renewal term.
3.7 If payment is overdue, we may suspend paid features after reasonable notice until payment is made.

4. FREE TRIALS AND BETA FEATURES
4.1 We may offer free trials and beta features at our discretion.
4.2 Unless stated otherwise, trial subscriptions may automatically convert to paid subscriptions at the end of the trial.
4.3 Beta features are provided as is, may change at any time, and may be discontinued without liability.

5. LICENCE AND PERMITTED USE
5.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services during your subscription term.
5.2 You must not:
(a) reverse engineer, decompile, disassemble, or attempt to discover source code except where non-excludable law permits;
(b) copy, sell, resell, rent, lease, sublicense, or commercially exploit the Services except as expressly permitted;
(c) use the Services for unlawful, fraudulent, harmful, defamatory, or infringing activity;
(d) upload malware, malicious code, or content designed to disrupt systems;
(e) interfere with the security, integrity, or performance of the Services;
(f) attempt unauthorised access to systems, data, or accounts.

6. CUSTOMER DATA
6.1 You retain ownership of all data, content, files, records, images, and information you submit or upload to the Services (Customer Data).
6.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, back up, copy, transmit, and process Customer Data solely to provide, maintain, secure, support, and improve the Services.
6.3 You are solely responsible for the legality, quality, accuracy, and rights needed to use Customer Data in the Services.
6.4 You must obtain all required consents and notices from individuals whose personal information you upload.

7. PRIVACY AND SECURITY
7.1 We handle personal information in accordance with our Privacy Policy.
7.2 We implement reasonable technical and organisational security measures appropriate to the nature of the Services.
7.3 You are responsible for your user access controls, endpoint/device security, and internal data governance settings.
7.4 If we become aware of a confirmed eligible data breach affecting your personal information, we will notify you as required by applicable law.

8. CONFIDENTIALITY
8.1 Each party may receive confidential information from the other party.
8.2 The receiving party must protect confidential information with reasonable care and use it only to exercise rights and perform obligations under these Terms.
8.3 Confidentiality obligations do not apply to information that is public through no fault of the receiving party, already known lawfully, independently developed, or required by law to be disclosed.

9. INTELLECTUAL PROPERTY
9.1 We and our licensors own all rights, title, and interest in and to the Services, software, documentation, branding, and related intellectual property.
9.2 No rights are granted except as expressly set out in these Terms.
9.3 If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback without restriction or compensation.

10. THIRD-PARTY SERVICES AND INTEGRATIONS
10.1 The Services may interoperate with third-party products, services, or websites.
10.2 Your use of third-party services is governed by the third party’s terms and policies.
10.3 We are not responsible for third-party services, including outages, security practices, data handling, or functionality changes.

11. SERVICE AVAILABILITY, SUPPORT, AND CHANGES
11.1 We aim to provide commercially reasonable availability but do not guarantee uninterrupted or error-free operation.
11.2 We may perform maintenance, deploy updates, and modify features from time to time.
11.3 If we make a material reduction to core paid functionality, you may cancel before your next renewal, and we may provide a pro-rata refund for unused prepaid fees at our discretion or where required by law.

12. ACCEPTABLE USE ENFORCEMENT
12.1 We may investigate suspected breaches of these Terms.
12.2 We may remove content, limit functionality, suspend access, or terminate accounts where reasonably necessary to protect users, comply with law, or maintain platform integrity.
12.3 Where practical, we will provide notice and an opportunity to remedy before suspension.

13. TERM, CANCELLATION, SUSPENSION, AND TERMINATION
13.1 These Terms commence when you first accept or use the Services and continue until terminated.
13.2 You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period unless otherwise stated.
13.3 Either party may terminate for material breach not remedied within 14 days after written notice.
13.4 We may suspend immediately where necessary for security risks, suspected fraud, legal compliance, or risk of harm.
13.5 On termination:
(a) your licence to use the Services ends;
(b) we may delete or de-identify Customer Data after a 30 day export period, unless law requires otherwise;
(c) provisions intended to survive will survive, including payment obligations, confidentiality, IP, liability limits, indemnities, and dispute clauses.

14. WARRANTIES AND DISCLAIMERS
14.1 Each party warrants it has authority to enter these Terms.
14.2 To the maximum extent permitted by law, the Services are provided as is and as available.
14.3 We do not warrant the Services will be uninterrupted, error-free, secure from all threats, or fit for every purpose.
14.4 You acknowledge that WorkSiteDiary does not provide legal, engineering, safety, or regulatory advice.

15. AUSTRALIAN CONSUMER LAW
15.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) or any other non-excludable law.
15.2 Where liability for breach of a non-excludable guarantee can lawfully be limited, our liability is limited at our option to resupply of the Services or payment of the cost of resupply.

16. LIMITATION OF LIABILITY
16.1 To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive loss, or loss of profit, revenue, goodwill, opportunity, or anticipated savings.
16.2 To the maximum extent permitted by law, each party’s aggregate liability arising out of or in connection with these Terms is capped at the total fees paid or payable by you for the Services in the 12 months before the event giving rise to liability.
16.3 The limitations in this clause do not apply to:
(a) your payment obligations;
(b) your breach of licence restrictions or unlawful use;
(c) either party’s fraud, wilful misconduct, or liability that cannot be limited by law.

17. INDEMNITY
17.1 You indemnify us, our affiliates, and personnel against third-party claims, losses, damages, liabilities, and reasonable legal costs arising from:
(a) your unlawful or unauthorised use of the Services;
(b) Customer Data infringing third-party rights;
(c) your breach of these Terms.
17.2 We will notify you promptly of any claim and provide reasonable cooperation at your cost.
17.3 You must not settle a claim in a way that imposes obligations on us or admits fault on our behalf without our prior written consent.

18. CHANGES TO THESE TERMS
18.1 We may update these Terms from time to time.
18.2 For material changes, we will provide at least 30 days notice by email, in-app message, or website notice.
18.3 If you do not agree with a material change, you may stop using the Services and cancel before the change takes effect.
18.4 Continued use after the effective date of updated Terms constitutes acceptance.

19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1 These Terms are governed by the laws of South Australia, Australia.
19.2 The parties submit to the non-exclusive jurisdiction of the courts of South Australia and courts of appeal from them.
19.3 Before starting court proceedings, each party must attempt in good faith to resolve disputes through senior representative negotiation for at least 30 days, except for urgent interlocutory or injunctive relief.

20. GENERAL
20.1 These Terms, together with the Privacy Policy, any Data Processing Addendum, and any order form, form the entire agreement between the parties.
20.2 If any provision is invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the remaining provisions continue in full force.
20.3 You may not assign or transfer these Terms without our prior written consent, except in connection with a genuine sale of your business or assets.
20.4 We may assign these Terms to an affiliate or successor in connection with merger, acquisition, corporate restructure, or sale of assets, with notice to you.
20.5 No waiver is effective unless in writing.
20.6 Notices may be given by email, platform notification, or to contact details on file.

21. CONTACT
Legal notices: contact@worksitediary.com.au
General support: contact@worksitediary.com.au
Postal address: contact@worksitediary.com.au