Please read these terms carefully before using OzAfe.
1.1. OzAfe (54 602 101 871) ("we", "us" and "our") offers an online occupational health and safety (OH&S) management service ("Services"). Access to this service is via: www.ozafe.com.au.
1.2. The terms and conditions set out in these Terms of Service ("Terms") govern the use of the Services, including all features and content. The Terms form a binding contract between the user of the Services ("you" and "your") and us.
1.3. By using the Services you acknowledge and agree that you have had sufficient chance to read and understand the Terms, and that you agreed to be bound by them. If you do not agree to be bound by the Terms, please do not use the Services.
2.1. We will provide you with, and grant you access to, the Services in accordance with the Terms.
2.2. You must not:
2.3. You acknowledge and agree that:
3.1. You acknowledge that as a cloud-based solution, our Services are continuously evolving and will undergo future updates, modifications, or enhancements. While we strive to maintain high-quality standards, the Services may contain errors or defects. We will use commercially reasonable efforts to address any such issues promptly.
4.1. We will charge you a fee for providing access to the Services ("Subscription Fee") in accordance with the plan selected at signup. The Subscription Fee will be inclusive of GST where applicable.
4.2. Access to the Services will be conditional on payment of the Subscription Fee.
4.3. We may review and update our Subscription Fees from time to time. We will provide you with at least 30 days' written notice of any fee changes. Continued use of the Services following a fee change constitutes your acceptance of the new fees.
4.4. A 14-day free trial is available to new organisations. No credit card is required during the trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Services.
5.1. Payment of the Subscription Fee is made monthly, in advance, by credit card via our payment processor Stripe.
5.2. If a payment fails, we will notify you. Your account may be suspended after a grace period of 7 days if payment is not received.
5.3. All fees are non-refundable except as required by Australian Consumer Law. Cancellation takes effect at the end of the current billing period.
5.4. If you downgrade your plan to one with a lower user limit, you must reduce your user count to within that limit before the downgrade takes effect at the end of your current billing period.
6.1. You acknowledge and agree that we own all intellectual property rights in the Services, and that nothing in the Terms constitutes a transfer of any intellectual property rights in the Services.
6.2. We acknowledge and agree that you own all intellectual property rights in any data or information that you enter into the Services and any reports you receive from the Services ("Your Data"). You grant us a non-exclusive, royalty-free licence to use Your Data solely for the purposes of providing the Services to you.
7.1. The Terms and the Services automatically terminate if, for any reason, we cease to operate and provide the Services generally.
7.2. If you breach the Terms in any way, we may terminate the Terms with immediate effect by providing you with written notice.
7.3. You may terminate the Terms at any time by cancelling your subscription via the Billing portal within OzAfe or by giving us at least 30 days' written notice at hello@ozafe.com.au.
7.4. If the Terms are terminated for whatever reason:
8.1. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
8.2. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
8.3. The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
9.1. You agree to indemnify us, including our employees, officers, agents and contractors ("Indemnified"), and to continue to indemnify the Indemnified from and against any actions, proceedings, claims, demands, costs (on a full indemnity basis including reasonable legal and accounting fees) brought or made against the Indemnified by any person arising in connection with your use of the Services, or resulting from a breach of your representations and warranties in the Terms, or your violation of any of the Terms, and from and against any damage, loss, cost or expense suffered or incurred by any Indemnified as a direct or indirect consequence thereof.
10.1. A party must not, without the prior written consent of the other, use or disclose the other party's confidential information unless expressly permitted by the Terms or required to do so by law or any regulatory authority.
10.2. Either party may:
10.3. Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's confidential information.
10.4. Each party must return, or at the other party's option destroy, all confidential information of the disclosing party in the receiving party's possession or control, on the earlier of the request of the disclosing party or on termination of the Terms for any reason.
11.1. Your access to the Services will be provided through an account, which includes login credentials ("Account"). You are solely responsible for maintaining the confidentiality of your Account.
11.2. You agree to immediately notify us at hello@ozafe.com.au of any unauthorised use of your Account or any other breach of security.
11.3. We will take reasonable steps to protect Your Data and your Account from misuse, loss, unauthorised access, unauthorised modification or unauthorised disclosure.
11.4. Your Data is stored on servers located in Australia (Sydney region). We will not transfer Your Data outside of Australia except as strictly necessary to provide the Services.
12.1. Subject to the Terms, we reserve the right to change any or all of the format and content of the Services at any time.
12.2. We reserve the right to amend or replace the Terms at any time. We will provide at least 14 days' notice of material changes via email to your registered address. The revised Terms take effect on the date specified in the notice. Your continued use of the Services after that date constitutes your acceptance of the revised Terms.
13.1. You acknowledge that our Privacy Policy forms part of the Terms. By using the Services, you consent to our collection and use of personal information as described in our Privacy Policy.
13.2. If you operate in a regulated sector (including NDIS, healthcare, or aged care), you are responsible for ensuring your use of OzAfe complies with all applicable regulatory requirements, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
14.1. The Terms are governed and will be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the jurisdiction of the courts of Victoria.
14.2. The Terms and any rights and licences granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
14.3. If any provision of the Terms is found to be invalid, unlawful or unenforceable, the provision will be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.4. Any questions regarding these Terms should be directed to: hello@ozafe.com.au