End User Licence Agreement
[last updated August 2018]
- Parties to this agreement
- This is an agreement between you and Safeworkpro relating to the use of Safeworkpro’s safe work system on-line within a browser or via their SafeWork app (‘software’).
- When you read words “Safeworkpro”, “us”, “our” or “we” it means Safeworkpro Pty Ltd ABN 63 601 489 918 and our directors, employees, agents, successors and legal assigns.
- The words “you”, “user” or “your” means you, the user of our software and your employees, agents, successors and legal assigns (as applicable).
- What we do
- Safeworkpro is the owner of software enabling the digital management of safety risk assessment processes to enhance safe work practices.
- We reserve the right to make changes to the software or provide updates at any time, although we are not obliged to do so.
- How it works
- You open an account with Safeworkpro, download the app or use your browser and gain access to our system (if you are an employee your employer does this for you).
- You input each of your staff members, upload safety procedure documents and add regular worksites (if you are an employee, your employer completes this step for you and supplies you log-in details).
- Each time one of your employees (or you, if you are an employee) arrives on a job site, they use the software to complete the safety assessment forms (or other documents) relevant to the job prior to work commencing. This may include for example, a risk assessment, pre-start and sign-on for the particular job-site.
- This information is logged with the employer in real time or, where an internet connection is not available, is stored and updated as soon as a connection is available.
- License to use Safeworkpro
- If you are an employer, when you download/install the software, we grant you the right to use the software for the business purposes of the business you registered with us.
- If you are an employee, when you download/install the software, we grant you the right to use the software for your individual use at work, while you are employed by the employer who has provided you with your log-in details.
- You do not have any ownership rights to the Safeworkpro software or platform.
- Your right to use our software is not exclusive, and we will allow others to use the software.
- The license granted to you is not transferrable to anyone else and is limited by the terms of this agreement.
- Your Responsibilities if you are using the software as an employer
- When using our software as an employer you agree:
- to provide true and correct details when you set up your account;
- to accurately disclose the number of employees who will be using the software;
- to keep your contact details up to date;
- to pay subscriptions, invoices and fees owing to us in full and on time;
- to keep all username and passwords secure and confidential and not to share the access details with anyone other than the person entitled to use them;
- to ensure appropriate procedures and policies are implemented to accurately identify employees using the software, so that forms are not invalidated or allocated to the wrong employee;;
- to educate employees on the correct use of the software and monitor for appropriate usage;
- to ensure that an employee’s username and password is de-activated within 7 days of their employment being terminated by you and email our customer support to update the subscription details;
- to immediately notify us of any unauthorized use of your passwords or other breach of security;
- to install updates of the software if we provide updates (although we are not obliged to do so);
- not to rent, lease, sell, transfer, redistribute, make available or sublicense your access to the Safeworkpro platform or software to any third party;
- to only use Safeworkpro software for lawful purposes, in accordance with this agreement and any directions given by Safeworkpro from time to time;
- not to use the Safeworkpro platform to send spam or other unsolicited messages;
- not to access or attempt to access the administrative interface of Safeworkpro by any means other than the interface provided, unless we’ve entered into a separate agreement with you;
- not to use our software, website or the Safeworkpro platform in a manner that could bring Safeworkpro or its brand into disrepute or in a manner for which it is not intended;
- not to introduce viruses, malware or other damaging things or code into the software;
- not to use our software in a manner that could damage, disable, overburden or impair our software or interfere with any party’s use and enjoyment of our software; and
- not to copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Safeworkpro materials, any updates, or any parts of the software, or the servers or networks which are connected to Safeworkpro. Any attempt to do so is a violation of the rights of Safeworkpro.
- When using our software as an employer you agree:
If you breach your responsibilities or other parts of this agreement, we may terminate your access and you may be subject to prosecution and damages.
- Your Responsibilities if you are using the software as an employee
- Even though you are required by your employer to use our software, you still enter into this agreement in your personal capacity and have personal obligations to us. When using our software as an employee you agree:
- to provide true and correct details to your employer to set up your account;
- to keep your username and password secure and confidential and not to share your access details with anyone else;
- to immediately stop using your user name and password or otherwise access the software if your employment is terminated by the employer who supplied your login details;
- to immediately notify us of any unauthorized use of your password or other breach of security;
- to install updates of the software if we provide updates (although we are not obliged to do so);
- not to rent, lease, sell, transfer, redistribute, make available or sublicense your access to the Safeworkpro platform or software to any third party;
- to only use Safeworkpro software for lawful purposes, in accordance with this agreement and any directions given by Safeworkpro from time to time;
- not to use the Safeworkpro platform to send spam or other unsolicited messages;
- not to access or attempt to access the administrative interface of Safeworkpro by any means other than the interface provided, unless we’ve entered into a separate agreement with you;
- not to use our software, website or the Safeworkpro platform in a manner that could bring Safeworkpro or its brand into disrepute or in a manner for which it is not intended;
- not to introduce viruses, malware or other damaging things or code into the software;
- not to use our software in a manner that could damage, disable, overburden or impair our software or interfere with any party’s use and enjoyment of our software; and
- not to copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Safeworkpro materials, any updates, or any parts of the software, or the servers or networks which are connected to Safeworkpro. Any attempt to do so is a violation of the rights of Safeworkpro.
- Even though you are required by your employer to use our software, you still enter into this agreement in your personal capacity and have personal obligations to us. When using our software as an employee you agree:
If you breach your responsibilities or other parts of this agreement, we may terminate your access and you may be subject to prosecution and damages.
- Termination
- This license is effective until cancelled by you or Safeworkpro. Once cancelled the rights given to you under this license will terminate automatically.
- This license will come to an end at any time that you remove the software from your device and are unable to access it.
- We may cancel this license for any reason by giving you 12 months written notice, or other notice as required under a related agreement between us (which may be less);
- We may also cancel, suspend, remove, or disable your access to the software or cancel this license:
- By giving you 14 days’ notice if you are in arrears of payments or subscriptions payable to us; or
- Immediately with no notice if we believe that you have failed to comply with this agreement.
- Special termination. If you are an employee, this special termination clause applies to you.
- This license will automatically terminate, without notice to you, if your employment is terminated with the employer who supplied you with your log-in details. To be clear, if your employment is terminated, you may no longer use your log-in details or access the software in any manner. If you start work for another employer that uses our software, you will be issued with new log-in details.
- If our agreement with your employer expires or is terminated, your license will be terminated on the same date without notice to you.
- Copyright
- Title to and all intellectual property rights in our software, website and any documentation relating to those services remain the property of Safeworkpro.
- You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our software in whole or in part, except as expressly authorised by us.
- We do not grant you any other right to or license to use our intellectual property.
- Third Party Intellectual Property
- You warrant that you have the right or license to use any and all information, including SWMS’s, uploaded to the software. You agree to indemnify us against any loss or damage (including consequential loss) that may result from any information uploaded to the software, including but not limited to copyright breach or other intellectual property infringement.
- Your data
- Title to and all intellectual property rights in your data or your employee’s data remains your property. Access to that data is dependent on your adherence to this agreement and payment of any associated fees or amounts payable to us in full and on time.
- You grant Safeworkpro a license to use, copy, transmit and store your information and data for the purposes of enabling your access to the software.
- While all care is taken to store your data, the software is not designed as a backup system and should not be relied on as such. We will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure of any stored data.
- All information or data uploaded is the sole responsibility of you or the person providing the data. We are not responsible for this content and will have no liability in respect of the quality of the data, or any third-party rights in respect of that data.
- If this agreement is terminated, we will provide you with one complete electronic copy of your data stored in our system, and your stored data will be permanently deleted from our working system.
- Security and accessibility
- We make every effort to maintain the security of our software however, we do not guarantee the security of our software, systems, records or your data.
- Continuous access to the software is dependent on third party services. As a result, the software may be inaccessible from time to time.
- Safeworkpro disclaims all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer. We do not warrant that our software is free from viruses, malware or similar damaging code.
- We cannot guarantee that the system remains error free at all times. We will not be liable for any periods that the system is not functioning or is malfunctioning.
- You are responsible for ensuring that material damaging to our system is not uploaded to Safeworkpro. If any data uploaded by you to our system incorporates a computer virus or malware or creates technological problems in our system, you will be liable for all costs incurred in rectifying all issues arising out of that upload.
- Disclaimer
- While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our software for any purpose, to the maximum extent permitted by applicable law, anything contained on our software is provided “as is” without warranty or condition of any kind. Specifically, we make no warranty that:
- Our software is up to date with all current laws.
- Use of our software will make you compliant under any particular law.
- While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our software for any purpose, to the maximum extent permitted by applicable law, anything contained on our software is provided “as is” without warranty or condition of any kind. Specifically, we make no warranty that:
You must use your own skill and judgement, and seek independent legal advice if appropriate, to ensure you and your business complies with the legal requirements regarding Work Place Health and Safety and any other law. This is your obligation, not ours.
- This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our software or the services found on our software.
- Limitation of liability
- We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of the software, our website, or the Safeworkpro platform in any way, subject to the requirements of Australian Consumer Law.
- Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for 6 months access to the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
- This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our software.
- Indemnity
- To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend Safeworkpro from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- Any copyright breach or intellectual property infringement claims by third parties;
- Your use of our software;
- Your breach of this agreement.
- Apple Store and Google Play Store
- This agreement is between Safeworkpro and you and does not form a relationship between you and Apple or you and Google. In no circumstances will Apple or Google be responsible to you for the content of this agreement, the content of the App, maintenance and support for the App or any product claims.
- Safeworkpro grants to you a non-transferable license to use the Safeworkpro App on any mobile phone, tablet, iOS, Android or other device that supports Safeworkpro App (“device”), that you own or control.
- For Apple devices, your use is limited to that permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions.
- For Android devices, your use is limited to that permitted under the Google Play Developer Distribution Agreement.
- This license does not allow you to use Safeworkpro App on any Device that you do not own or control.
- You are responsible for third party terms of agreement when you use our App. For example, you must abide by the terms of your wireless data service agreement when using our App.
- You warrant that you:
- are not located in a country subject to a US Government Embargo
- are not located in a country that has been designated by the US Government as a “terrorist supporting” country
- you are not listed on a US Government list of prohibited or restricted parties.
- The terms of the license will govern any upgrades provided by Safeworkpro that replace and/or supplement the original Safeworkpro App, unless that upgrade is accompanied by a separate license, in which case the terms of that upgraded license will apply.
- Safeworkpro and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to this agreement and have the right to enforce this agreement against the end user. Apple is deemed to have accepted this right.
- Privacy
- By downloading and using the Safeworkpro App, you agree that the App has access:
- To your device details, identity and history of app usage. Specifically, the App will use the location, date, time, microphone (if Siri enabled) and notification (alerts function only) capabilities of your device;
- To your location services including network location and precise GPS location; and
- To send information from the above, including location information, directly to your employer’s network in real time. This may be via email or push notifications and will use data. Some of these functions will require you to activate the settings.
- Our Privacy Policy contains full details of the personal information we collect, how we use this information and how we store it.
- By downloading and using the Safeworkpro App, you agree that the App has access:
- Relationship
- No joint venture, partnership, employment, or agency relationship exists between you and Safeworkpro because of this agreement or your use of our software.
- Applicable Law
- This agreement is governed by the laws of Queensland and Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between you and us.
- Use of our software is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our software is unauthorised, it is your responsibility to stop using our software.
- Notice
- You may provide notice to us on our contact page. We may provide notice to you via email, in software notification or other electronic means.
- To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend Safeworkpro from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
