Terms of Service – Safe Workplace Docs

The following Terms of Service ("Agreement") governs your use of Our Services and the content found within it:

Please be advised that this agreement contains a binding, individual arbitration and class-action waiver provision.

If you accept this agreement, you and Generik Pty Ltd agree to resolve any disputes in binding, individual arbitration and give up the right to go to court individually or as part of a class action.

1. INTRODUCTION

This is the official terms of service for our applications ("Apps") and accompanying website(s) which can be found here: www.safeworkplacedocs.com, www.safeworkplacedocs.com.au, and any related services provided by Generik Pty Ltd t/a Safe Workplace Docs. Collectively the Apps, the website, and any related services are hereby referred to as the 'Services', herein. The software application titled "Safe Workplace Docs" (the application), located via the website are owned and controlled by Generik Pty Ltd t/a Safe Workplace Docs (Australian Business Number: 23 609 804 346) (defined herein as 'We', 'Us', 'Our' or 'SWD'), By using or otherwise accessing Our Services, you acknowledge that you are at least eighteen (18) years of age and you have, or if you are under the age of eighteen (18) your guardian has read this Agreement, and that you agree to be bound by its terms and conditions. This Agreement applies both to Services that require an Account (such as the web application) and to Services that do not (such as Our public websites). Where an Account is required, you confirm that you are at least eighteen (18) years of age and have the legal authority to bind the business, entity, or Account holder on whose behalf you are registering. People aged between 15 and 17, may be authorised by that business or entity to use the Services as Authorised Users where lawful, appropriate to their work, and subject to suitable supervision. The business, entity or account holder remains responsible for ensuring such use complies with this Agreement. Where an organisation authorises a person aged 15 to 17 to use the Services as an Authorised User, that business, entity or authorised Account holder is responsible for obtaining any parental or guardian consent required for the collection of that person's personal information. See Our Privacy Policy for further detail on how We handle personal information belonging to Authorised Users under 18 years of age. Where no Account is required, the Services including any affiliate or referral links to third-party products, may be accessed by members of the public as well as businesses. You acknowledge and agree that your access to and use of such Services is governed by this Agreement to the extent applicable, and that any purchase of a third-party product made via an affiliate or referral link is additionally governed by the relevant third party's own terms and conditions, as referred to in Clause 11. The Services are not directed at, marketed to, or intended for use by children. If you do not agree to the terms and conditions of this agreement, promptly exit this page and do not use Our Services, or any of the content contained within it. Any reference to the term "Services" will relate to the version of the Services(s) that you have validly accessed or installed, on your relevant and applicable platform. For the avoidance of doubt, this Agreement will govern the conduct relating to how you interact and engage with Our Services, including but not limited to, the creation, management and accessibility of your account(s) (if any) ("Account").

2. GRANT OF LIMITED LICENCE

Upon the successful payment of the relevant (and applicable) fees for the Service via Stripe on the web app, or upon commencing a free trial, or accepting a promotional offer, We grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use Our Services exclusively for the purposes of viewing, accessing, and interacting with the content within them, on the platform to which your purchase of Our Services was processed on. You acknowledge that the Services, which organise information into documents, and the content within it, are to be used solely by you for business purposes, and for no other purposes. Your licence confers no title or ownership in Our Services or the content within it.

We do not grant you any other rights whatsoever in relation to the Services or the content within it.

All rights not specifically licenced herein are expressly reserved by Us.

3. ACCOUNT MANAGEMENT

By creating an account with Safe Workplace Docs ("SWD"), you agree to comply with the following terms and conditions:

3.1 ACCOUNT CREATION AND ACCURACY

You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date. SWD is not responsible for any issues that arise from your failure to provide accurate information.

3.2 ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify SWD immediately of any unauthorised use of your account or any other breach of security.

You are required to use two-factor authentication (MFA) to enhance the security of your account. This involves entering your password, followed by verifying your identity through a time-based one-time passcode generated by an authenticator application.

3.3 ACCOUNT USAGE

You are solely responsible for all activities that occur under your account. You must not share your account credentials with others or allow others to access your account. Any violation of these terms may result in the suspension or termination of your account.

3.4 ACCOUNT ADMINISTRATORS

If you are designated as an account administrator, you have the authority to manage and control access to your organization's account. This includes adding or removing users, assigning roles, and managing account settings. Account administrators are responsible for ensuring that all users comply with these Terms of Services and maintaining the security of the account.

3.5 PROHIBITED ACTIVITIES

You agree not to use your account for any unlawful activities or in a manner that violates these Terms of Services. This includes but is not limited to:

  • Engaging in fraudulent or unlawful activities;
  • Impersonating another user, or falsifying or misattributing any signature, acknowledgement, or other action within the Services to a person who did not perform it;
  • Misrepresenting whether any required action, review, or approval has been completed;
  • Sharing or distributing inappropriate, unlawful, harmful or offensive content; and/or
  • Attempting to gain unauthorized access to other accounts or SWD systems.

3.6 ACCOUNT TERMINATION

SWD reserves the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these terms or engaged in conduct that may harm SWD or its users.

3.7 ACCOUNT DELETION

You may delete your account at any time by following the account deletion process outlined on our website. Upon account deletion, your access to the Services and any data associated with your account will be permanently removed.

4. TERM

This License (as listed at Clause 2 above) will exist for as long as you lawfully continue to use the Services, and is subject to the termination of this licence as outlined in this Agreement.

5. INTELLECTUAL PROPERTY & OWNERSHIP

The Services and all content within it are protected by Australian and international copyright law and is licensed, owned and/or controlled by Us. Unless otherwise indicated, all rights (including copyright), title and interest in the Services and any content found anywhere within it (including but not limited to code, art, button icons, scripts, design elements and interactive features), are owned and/or controlled by Us (or our Licensors). Our Services may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of this Agreement by you. All other trademarks, Services marks and trade names (registered or otherwise) are either owned, registered and/or licensed by Us.

6. USER GENERATED CONTENT INTELLECTUAL PROPERTY

Our Services enable end-users to create, generate, design, edit, complete, upload, and submit content, which includes but is not limited to, documents and other materials ("UGC"). By submitting, uploading, or otherwise providing UGC through our Services, you hereby grant Generik Pty Ltd t/a Safe Workplace Docs (SWD) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such UGC, in whole or in part, and to incorporate such UGC in other works, in any form, media, or technology now known or later developed, for any purpose related to the provision, maintenance, and improvement of the Services.

To the extent that you have any right, title, or interest in the UGC, you hereby irrevocably and unconditionally assign to Us all right, title, and interest in the UGC, including but not limited to copyrights and any other intellectual property rights, whether registered or unregistered. This assignment is made in consideration of your access to and use of the Services, whether during a paid period, a promotional offer, or a free trial provided to you. For the avoidance of doubt, We are free to use the Intellectual Property without any restriction whatsoever, in all media and in any territory, and you acknowledge and agree that this is reasonable.

By accepting a promotional offer, free trial, or by making a payment for access to the Services, you agree that the provision of access to Our Services constitutes sufficient and adequate consideration for the assignment of your rights in any UGC created, submitted, or uploaded during your use of the Services.

You further acknowledge and agree that this assignment of rights is effective regardless of whether you have paid a monetary amount for access to the Services, or if you are accessing the Services through a promotional offer or free trial, and that this assignment is binding upon acceptance of the promotional offer, free trial, or paid access.

If you do not agree to this assignment, you should not create, submit, or upload any UGC during your use of the Services, whether during a paid period, promotional offer, or free trial.

7. MORAL RIGHTS

In relation to any UGC created, designed, and/or submitted (or uploaded) by you in (and to) Our Services, you unconditionally and irrevocably waive any and all moral rights throughout the world in perpetuity for the benefit of SWD, our licensees, and assignees. To the extent the foregoing waiver is not enforceable in any territory or jurisdiction, you unconditionally and irrevocably consent to any acts or omissions that may otherwise infringe your moral rights (if any) in the UGC in such territory and in perpetuity, including without limitation any material alterations to the UGC.

8. ACKNOWLEDGMENT

You acknowledge that SWD is not obliged to use any UGC that you provide and that you will not receive any compensation for any UGC. This license is granted without the expectation of any financial remuneration or other benefit from SWD.

9. USER AWARENESS

By using our Services and submitting UGC, you confirm that you have read and understood this clause and agree to its terms.

10. UPDATES

We may deploy, upload or provide mandatory patches, updates or modifications to Our Apps & Services which must be installed for you to continue to use our Services, in order to, for example: (i) ensure compliance with applicable laws and/or reflect the change in relevant laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements; (iii) update of upgrade the Apps; (iv): ensure the security of Our Services; and (v) to combat against any illegal, harmful or unsafe activities associated with Our Services.

11. THIRD-PARTY PRODUCTS, SERVICES, AND PARTNER PROGRAM

11.1 Third-Party Links and Services

Our Services may contain links to third-party websites, products, or services that are not owned or controlled by Generik Pty Ltd t/a Safe Workplace Docs (SWD). These links are provided for your convenience, and the inclusion of any link does not imply our endorsement or any association with the third-party. You acknowledge and agree that SWD is not responsible for the content, products, services, or practices of any third-party websites or services.

11.2 Transactions with Third Parties

If you decide to purchase any products or services from a third-party through a link or integration provided in Our Services, you acknowledge and agree that your relationship with that third-party is solely between you and the third-party, and SWD has no responsibility or liability for the transactions conducted between you and the third-party. Any complaints, concerns, or questions regarding third-party products or services should be directed to the third-party.

11.3 Third-Party Partner Program and Incentives

SWD may engage with third parties through a partner program, allowing third parties to promote and resell our Services to their customers. Under this program, third-party partners may receive incentives, including but not limited to a percentage of the value of subscriptions or services purchased by users they onboard to the SWD platform. Specifically, third-party partners may receive up to fifty percent (50%) of the value for the first twelve (12) months of each user they successfully onboard. SWD reserves the right to modify or terminate this partner program at any time, with reasonable notice provided to participating third parties.

11.4 Third-Party Provision of Health and Safety Services

Third parties may offer health and safety services directly through the SWD app. While these services may be accessible through our platform, any agreements or contracts related to such services are made directly between you and the third party. SWD is not a party to any agreements made between you and third-party providers and disclaims all liability arising from or related to these third-party services. You acknowledge that any legal recourse regarding these services must be sought directly from the third-party provider.

11.5 Future Inclusion of Goods and Services

You acknowledge that SWD reserves the right to provide, and supply, future updates to the SWD platform (including the Apps), including but not limited to, providing additional goods and additional services directly within the App. You acknowledge that these additional offerings are not part of the initial release but may be incorporated in subsequent updates. SWD will provide terms and conditions related to these goods and services as they become available. Nothing in this provision creates, or conveys, an obligation upon SWD to deploy, supply and/or provide updates to the SWD platform (or Apps).

11.6 Commissions and Affiliate Relationships

SWD may receive commissions, referral fees, or other compensation from third parties in connection with your purchase of their products or services through links provided in Our Services. You acknowledge and agree that SWD's receipt of such compensation does not influence our endorsement or recommendation of any third-party product or service.

11.7 Disclaimer of Warranties and Liability for Third-Party Products

SWD makes no representations or warranties regarding any third-party products or services accessed through links in Our Services. All third-party products or services are provided "as is" without any warranties of any kind, either express or implied. SWD disclaims all liability arising from or related to your use or purchase of any third-party products or services.

12. LIMITATION OF WARRANTIES AND LIABILITY

12.1 Nothing in this clause or this Agreement is intended to exclude, restrict, modify, remove or have the effect of excluding, restricting, or modifying, the application of any applicable laws in Australia (i.e., specifically, under Division 1 of Part 3-2 of the Australian Consumer Law subsisting in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

12.2 Subject to the Competition and Consumer Act 2010 (Cth), in no event will We have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential, or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data, or other commercial or economic loss associated with Our Services. Our total aggregate liability with respect to Our obligations under this agreement or otherwise with respect to Our Services will not exceed the greater of (a) the total amount paid by you, if any, for accessing or using Our Services during the twelve (12) months preceding the event giving rise to the liability, or (b) ten dollars (AUD$10). The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.

13. INDEMNITY

13.1 You agree to indemnify, defend, and hold harmless Generik Pty Ltd t/a Safe Workplace Docs (SWD), and Our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, and partners, from and against any and all third-party claims, suits, judgments, liabilities, damages (actual and consequential), losses, costs, expenses, fees (including reasonable attorneys' fees), that such parties may incur as a result of or arising from:

  • a. Your use of Our Services, including but not limited to any content you submit, post, transmit, or otherwise make available through Our Services;
  • b. Your violation of these Terms of Service, including any breach of your warranties, representations, and obligations under these terms;
  • c. Your violation of any rights of another, including but not limited to any intellectual property rights, privacy rights, or moral rights;
  • d. Any transaction or engagement between you and any third party, including third-party products or services accessed through links provided in Our Services.

13.2 Subject to the Competition and Consumer Act 2010 (Cth), in no event shall SWD's total liability to you for all damages, losses, and causes of action exceed the greater of (a) the total amount paid by you, if any, for accessing or using Our Services during the twelve (12) months preceding the event giving rise to the liability, or (b) ten dollars (AUD$10). The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.

13.3 Indemnification for Partner Program Participation:

You agree to indemnify, defend, and hold harmless SWD from any claims, damages, losses, or liabilities arising out of or related to your participation in the partner program, including but not limited to any disputes or legal actions which may be brought by third parties relating to, or concerning, any commissions, incentives, or any promotional activities undertaken by you. This indemnification obligation shall survive the termination or expiration of this Agreement.

14. YOUR CONDUCT & LICENCE CONDITIONS

Your use of Our Services is subject to all applicable local, state, national laws and regulations. By accessing and using Our Services or any of its contents and functions, you agree to be bound by those laws. In addition, you acknowledge and agree that your licence(s) to use Our Services are subject to the following limitations (Licence Limitations):

  • a. Exploiting Our Services commercially;
  • b. use Our Services to harm, threaten, or harass anyone (including Us and Our employees, officers and directors);
  • c. use Our Apps in any manner or for any purpose other than as expressly permitted by the Terms, the Licenses and the information available on our websites;
  • d. violate the terms of our privacy policy listed at: https://www.safeworkplacedocs.com/privacypolicy/;
  • e. share passwords or other access information or devices or otherwise authorise any third party to access or use Our Service;
  • f. translate, reverse engineer, decompile, derive source code, modify, create derivative works or disassemble Our Apps or the content within it or merge all or any part of the either with another app, program or service (including software and other applications utilising artificial intelligence);
  • g. create, develop, modify, make available, distribute, host, promote, advertise, or use any software programs to break, interfere with or mod Our Services;
  • h. remove or alter any copyright, trademark or other proprietary rights notices contained in any of Our content (including but not limited to Our Apps);
  • i. unlawfully copy, reproduce or create derivative works based on any part of Our Services or any of the content within it, or create a competing version of Our Service based on the information that you may gain from using Our Apps;
  • j. use Our Apps or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations.

Any use of Our Services in violation, contravention or breach of these Licence Limitations is a serious and material violation of this Agreement, and will result in an immediate termination of your license. Further, We may take any further actions and impose any penalties we deem necessary, including but not limited to terminating this agreement with you, to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning.

Safe Workplace Docs provides general workplace document templates, information-management tools and related functionality. The Services do not constitute legal, medical, engineering, occupational hygiene, workplace safety or other professional advice.

Laws, codes, standards, workplaces, hazards and control requirements differ between jurisdictions, industries and individual work activities. You are responsible for identifying the laws and requirements applicable to your organisation, conducting workplace and site-specific assessments, consulting workers and other persons where required, obtaining competent professional advice where appropriate, selecting, implementing and monitoring suitable control measures, and reviewing and adapting each document before use.

Creating or completing a document using the Services does not, by itself, establish compliance with any legal obligation. You must not rely on a Template without reviewing whether it is suitable for the relevant workplace, activity, people, equipment and circumstances.

15. YOUR WARRANTIES & PRIVACY

By using Our Services, you warrant and represent:

  1. You have read, understood, and agreed to the terms of Our Privacy Policy: https://www.safeworkplacedocs.com/privacypolicy/.
  2. You irrevocably acknowledge, agree and undertake not to submit, upload, or store any sensitive personal information (including but not limited to health information, financial information, or any other sensitive data) through (or via) the Service;
  3. You have acquired the express, voluntary, specific and informed consent from each and any individual (i.e., person) who's 'personal information', 'sensitive information' and/or 'health information' you have collected, stored, processed and then subsequently uploaded (and/or submitted) to Our Services;
  4. Any UGC you store, submit and/or upload to Our Services does not infringe, violate or breach the rights of any third-party;
  5. By using Our Services, you are complying with the Privacy Act 1988 (Cth) and the Health Records Act 2001 (Vic);
  6. If you choose to subscribe to our referral program relating to Our Services, you agree to use the referral program in accordance and compliance with the Spam Act 2003 (Cth); and
  7. You have obtained the voluntarily and express consent of any recipient you intend on issuing (or request Our App to issue) a 'commercial electronic message' (as that term is defined in the Spam Act 2003 (Cth)) to, via Our App, prior to issuing such 'commercial electronic message'.

You acknowledge that a breach of any of the aforementioned warranties may result in immediate termination of your access to Our Services, and may give rise to a potential claim, action, suit or proceeding by Us or third-party.

You may access the following legislation, as follows:

16. SHARING DOCUMENTS & UGC

Our Services may provide you with the ability to share content, including but not limited to, User Generated Content (UGC), within the platform and with third parties. You acknowledge and agree that you may only share content within Our Services to third-parties in accordance with the terms and conditions of this Agreement and applicable laws.

16.1 Responsibilities: You acknowledge that you are solely responsible for ensuring that any content you share complies with all applicable laws, including but not limited to privacy and data protection laws. You warrant that you have obtained all necessary consents from any individuals whose personal information is included in the content you share.

16.2 Limitations on Sharing: You may not share any content that violates the rights of others, including but not limited to intellectual property rights, privacy rights, or any other rights protected by law. You further agree that the sharing of sensitive personal information, as defined in the Privacy Act 1988 (Cth), is prohibited unless explicit consent has been obtained.

16.3 Indemnification: You agree to indemnify, defend, and hold harmless Generik Pty Ltd t/a Safe Workplace Docs (SWD) (including its officers, shareholders, employees and agents) for any and all claims, damages, losses, and liabilities arising out of or related to your sharing of content, including but not limited to any claims that such sharing violates the rights of a third party or breaches any applicable law.

16.4 SWD's Disclaimer: While Our Services may facilitate the sharing of content, including UGC, We do not monitor or control the content (including UGC) shared by users and hereby absolutely exclude, limit and disclaim any responsibility or liability for such content (including UGC). You acknowledge and agree that any shared content (including UGC) is solely the responsibility of the end-user who shares it.

16.5 Prohibited Sharing: You agree not to share any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, infringing, harassing, or otherwise objectionable. SWD reserves the right to remove or restrict access to any shared content that it deems to violate this Agreement or any applicable law.

17. IN-APP PURCHASES AND THIRD-PARTY TRANSACTIONS

17.1 In-App Purchases via Web App:

Our Services may include in-app purchases, such as access to in-app items (i.e., documents) or in-app subscriptions, which are available to be purchased within the web app (In-App Purchases). All payments associated with these in-app purchases are processed through the web app via Stripe, a third-party payment processor, and are governed by Stripe's relevant terms and policies. You can view the terms of services and policies associated with Stripe below:

These purchases can be managed through the web app and are authenticated via your account on the Safe Workplace Docs platform. Should you lose access to the web app, you will remain entitled to any in-app purchases you have previously made and can restore these purchases on the relevant platform, provided you have not violated the terms of this Agreement.

17.2 In-App Purchases via Apple App Store and Google Play:

For in-app purchases made through the Apple App Store or Google Play, all payments are processed by the respective digital store, and are governed by their terms and conditions. You can view the terms of services and policies associated with these stores below:

These purchases are managed through your account on the respective digital store (Apple or Google). Should you uninstall or reinstall Our Apps, you will remain entitled to any in-app purchases you have previously made through the respective stores and can restore these purchases, provided you have not violated the terms of this Agreement.

17.3 Difference Between Web App and App Store Purchases:

It is important to note that in-app purchases made via the web app are processed through Stripe and are managed on the Safe Workplace Docs platform, whereas purchases made through Apple App Store or Google Play are processed and managed through the respective digital stores. Each platform's policies, including refund and cancellation terms, apply to purchases made through that platform.

17.4 Ownership Rights:

You acknowledge and agree that any in-app purchases you acquire do not grant you any proprietary right in any content embedded within Our Services, rather, simply a contractual right of access.

17.5 Third-Party Transactions:

Our Services may include links to third-party websites, products, or services that are not owned or controlled by Generik Pty Ltd t/a Safe Workplace Docs (SWD). If you decide to purchase any products or services from a third party through a link or integration provided in Our Services, you acknowledge and agree that your relationship with that third party is solely between you and the third party, and SWD has no responsibility or liability for the transactions conducted between you and the third party.

Purchases made through third-party links are subject to the third party's terms and conditions, including their refund and cancellation policies. We strongly recommend (and encourage) that you review the terms and conditions of any third-party website, product, or service before making a purchase. For the avoidance of doubt, SWD has no liability (or responsibility) for any liability (or losses) that may arise from, or relate to your use or purchase of any third-party products or services.

17.6 Limitation of Liability for Partner Program:

SWD's partner program is offered as a service to allow third parties to promote and resell our Services. SWD does not make any guarantees regarding the success or profitability of the partner program. SWD shall not be liable (or responsible) for any indirect, incidental, special, consequential, or punitive damages arising from or in connection with your participation in the partner program. Any and all incentives, commissions, or benefits provided under the partner program are subject to change, suspension or termination by SWD's at it's sole discretion. SWD reserves the right to modify, amend or discontinue the partner program at any time, with notice.

18. REFUND POLICY

18.1 Refund Eligibility:

Refunds for in-app purchases made through the Safe Workplace Docs web-app via Stripe are only eligible under the following limited circumstances:

  • The purchased item (i.e., document, subscription) is defective or not as described.
  • The purchase was made in error, and the request for a refund is made within 14 days of the transaction date.
  • The purchased service was not provided or could not be accessed due to an error on our part.

For in-app purchases made through the Apple App Store or Google Play, refund requests must be submitted directly through the respective digital store in accordance with their refund policies:

18.2 Non-Refundable Purchases:

Certain purchases may not be eligible for refunds, including but not limited to:

  • Completed and delivered digital goods (e.g., documents, reports) that are non-defective.
  • Subscriptions or services that have been fully utilized or partially consumed.

18.3 Requesting a Refund:

To request a refund for purchases made through the web-app via Stripe, please contact our support team at support@safeworkplacedocs.com with your purchase details and the reason for the refund request. Refunds will be processed within 7-14 business days of approval.

For in-app purchases made through Apple or Google Play, please refer to the respective digital store's refund request process.

18.4 Refund Method:

Approved refunds will be issued to the original payment method used for the purchase. If the original payment method is no longer available, an alternative refund method may be offered at our discretion.

18.5 Disputed Charges:

If you dispute any charge made through the web-app via Stripe, please contact us directly before initiating a dispute with Stripe or your bank. We will work with you to resolve any issues.

For disputes regarding charges through Apple or Google Play, please follow the dispute process provided by the respective digital store.

18.6 Stripe's Role:

Please note that refunds for purchases made via Stripe will be processed in accordance with Stripe's refund policies. For more information on Stripe's refund policy, please visit Stripe's Refund Policy.

18.7 Third-Party Purchases:

Purchases made from third-party websites, products, or services accessed through links on the Safe Workplace Docs platform are subject to the third party's refund and cancellation policies. Safe Workplace Docs is not responsible for providing refunds or resolving disputes related to these third-party purchases. Please refer to the third party's terms and conditions for their specific refund policies.

18.8 Changes to Refund Policy:

We reserve the right to amend this refund policy at any time. Any changes will be effective immediately upon posting on our website and will apply to any purchases made after the date of posting.

18.9 Refund Policy for In-App Purchases via Apple and Google Play:

For in-app purchases made via Apple App Store or Google Play Store, refunds will be processed in accordance with the respective store's refund policies. You may need to contact Apple or Google Play directly to request a refund. SWD does not process refunds for in-app purchases made through these stores. Please refer to the following links for their refund policies:

  • Apple: Apple Refund Policy
  • Google Play: Google Play Refund Policy

19. TERMINATION

We may terminate the license granted to you under this agreement and/or suspend your use (or access) of Our Services without giving you any prior notice if you seriously and/or materially violate (or breach) this Agreement. We may also terminate the license granted to you under this Agreement if we have any other valid reason to do so (for example, ceasing an online service for economic reasons).

Upon termination you must immediately cease using Our Services and any content within them.

20. DISPUTE RESOLUTION

Under this Agreement or in connection with Our Services, a "Dispute" means any dispute, challenge, claim, or controversy you and Us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of Our Services, all marketing related to Our Services, all In-App Purchases, any licensed content, and all matters relating to or arising from this Agreement, including any disputes over the validity or enforceability of this agreement to arbitrate.

A Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER clauses irrespective of whether such Dispute arises from or exists in - contract, common law, statute, regulation, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable source of law. You acknowledge and understand that arbitration is determined by an arbitrator rather than a judge or jury, and that judicial review of an arbitration award is limited, and that this is reasonable herein.

21. INTERNAL DISPUTE RESOLUTION

Our customer support team is available at admin@safeworkplacedocs.com to address any questions, concerns or complaints in relation to Our Services or this Agreement. We aim to address and resolve all concerns to our customers' satisfaction, and within a reasonable timeframe. To reduce any costs and ensure all Dispute(s) (if any) are addressed (and resolved) in a timely manner, You and Us acknowledge and agree to first attempt to resolve any Dispute informally for at least thirty (30) days prior to instituting or initiating any arbitration or legal proceeding, from the first date written notice was served upon Us ("Internal Dispute Period"). You and Us agree to use our individual and collective best efforts to address and resolve any Dispute through direct consultation and with good faith. Upon the Internal Dispute Period concluding and if a Dispute remains, either party may take further action necessary in accordance with the terms of this Agreement. You acknowledge and agree that if the Internal Dispute Period has not be completed, any initiated (or pre-emptive) action or arbitration will be suspended until such Internal Dispute Period is completed.

22. BINDING ARBITRATION

If a Dispute still exists upon the conclusion of the Internal Dispute Period, either party may then be able to initiate binding arbitration as the sole means (and method) to formally resolve the Dispute. Any arbitration shall be seated in Victoria, Australia, and administered by the Resolution Institute in accordance with the Resolution Institute Arbitration Rules 2023 (or any successor rules in force at the time), as modified by this Agreement. To view the applicable Arbitration Rules, please visit: Resolution Institute Arbitration Rules 2023.

23. SURVIVAL

Clauses 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 24 will survive and continue in force even after any termination.

24. CLASS ACTION WAIVER

To the maximum extent permitted by applicable law, You and Us agree to only bring any disputes in an individual capacity. You expressly agree not to:

  • a) personally seek, attempt, procure, participate in any class or broad representative action, collective or class-wide arbitration, or any other action where a third-party (whether an individual or corporate entity) acts on your behalf (or in a representative capacity); or
  • b) merge, consolidate, combine or amalgamate individual proceedings or permit an arbitrator to do so without the express and prior consent of all parties to this Agreement.

25. GENERAL

(a) This agreement is the entire agreement, understanding and exhaustive statement of the terms between you and Us with respect to the subject matter hereof, and supersedes any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

(b) We reserve the right to amend and/or modify this Agreement at any time, and by any means, including without limitation by positing the modifications to Our website: https://www.safeworkplacedocs.com/termsandconditions/ and/or requiring you to click "accept". Your continued use of Our Services constitutes your acceptance of any modifications. If any future amendments or modifications are unacceptable to you or cause you to no longer comply with this Agreement, you must terminate, and immediately stop using and interacting with Our Services.

(c) We may update Our Services without notifying you. You acknowledge that you may need to update third party software from time to time in order to effectively continue to use Our Services.

26. JURISDICTION

This Agreement, including any dispute or claim arising from it (or in connection with Our Services), will be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to be bound by the laws of that state and submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals.

You and Generik Pty Ltd agree to waive any jurisdictional, venue or inconvenient forum objections (or right to challenge) (except either party's rights to remove a case to federal court if permissible), as well as any right to a trial by jury. You acknowledge and agree that The Convention on Contracts for the International Sale of Goods will not apply to this Agreement and Our Services.

To the maximum extent permissible by any applicable law, you acknowledge and agree that any law, regulation, doctrine or rule which enables that the language of a contract to be construed against the party who has drafted or proposed said terms or contract, will not apply to this Agreement.

26.1 Australian Consumer Law Compliance:

Notwithstanding any other provisions of this Agreement, nothing in this Agreement is intended to limit or exclude your rights under the Australian Consumer Law, including any statutory guarantees that cannot be excluded. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

27. Force Majeure

SWD shall not be held liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, strikes, lockouts, labour disputes, pandemics, governmental actions, or any other event that could not have been reasonably foreseen or avoided by SWD. In the event of a force majeure occurrence, SWD's obligations under this Agreement shall be suspended for the duration of the event, and SWD shall resume performance as soon as reasonably practicable.

28. PRIVACY

We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view Our privacy policy relating to the use of Our Services, please visit: https://www.safeworkplacedocs.com/privacypolicy/

29. GENERAL WAIVER

The failure of Safe Workplace Docs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Safe Workplace Docs.

TERMS OF SERVICE – LAST UPDATED 31 July 2026
GENERIK PTY LTD