Terms of Service

Last updated: May 2026

These Terms of Service (the "Terms") govern your access to and use of the HSEque platform at hseque.com.au and any related services (the "Service"). The Service is operated by Brownlie Alexander (ABN 74 781 936 110) ("HSEque", "we", "us", "our").

By accessing or using the Service, you ("you", "the User") agree to be bound by these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business and "you" includes that business.

1. The Service

HSEque provides a self-service software platform that helps users prepare draft Safe Work Method Statements and related WHS documentation by combining user-supplied information with templates, libraries and content generated by the platform.

The Service is provided on an "as is" and "as available" basis. We may change, suspend, add to or remove features at any time without notice. We may also impose reasonable usage limits.

2. Eligibility & Accounts

You must be at least 18 years old and capable of entering into a legally binding contract under Australian law to use the Service. You are responsible for:

• Providing accurate and current information when using the Service or creating an account;
• Maintaining the confidentiality of any account credentials, edit links, magic links or access tokens issued to you;
• All activity that occurs under your account or via any access link issued to you, whether or not authorised by you.

You must notify us immediately at alex@hseque.com.au if you suspect unauthorised use of your account or access link.

3. Your Responsibilities — WHS & SWMS

This section is the most important part of these Terms. You acknowledge and agree that:

• You are the responsible person. Under the Work Health and Safety Act 2011 and equivalent State and Territory legislation (including the Occupational Health and Safety Act 2004 (Vic) and the Work Health and Safety Act 2011 as adopted in NSW, QLD, ACT, SA, TAS and NT, and Western Australia's Work Health and Safety Act 2020), the person conducting a business or undertaking ("PCBU") who carries out high-risk construction work is responsible for preparing, reviewing and complying with a SWMS.
• HSEque is not the PCBU and is not a WHS professional. HSEque is a software tool that helps you draft SWMS documents based on the information you provide. We do not visit your worksite, we do not assess your hazards, and we do not certify or sign off your documents.
• You must review every document. You must independently review each SWMS produced through the Service and confirm that it accurately reflects the hazards, controls, plant, substances, workers and site conditions for the actual job before relying on it.
• You are responsible for site-specific judgement. Templates, suggested hazards, suggested controls and any AI-generated content are starting points only. They are not site-specific advice and may be incomplete, inaccurate or unsuitable for your circumstances.
• You comply with the law. You are responsible for ensuring your use of the Service and any document produced through it complies with applicable WHS, OHS, environmental and other legislation, regulations, codes of practice and standards in your jurisdiction.
• You consult, supervise and sign. Consultation with workers, supervision on site, training, sign-on, version control, retention of records and stop-work decisions remain entirely your responsibility.

4. Acceptable Use

You must not, and must not permit any person to:

• Use the Service for any unlawful purpose, or in a way that breaches any law, regulation or code of practice;
• Use the Service to produce documents that you know or ought to know are false, misleading or inadequate for the work being performed;
• Resell, sublicense, white-label, scrape, mass-download or redistribute the Service or any output without our prior written consent;
• Reverse engineer, decompile or attempt to extract source code from the Service, except to the extent permitted by law that cannot be excluded;
• Use the Service to train any machine-learning model or competitive product;
• Upload viruses, malware or content that infringes the rights of any third party;
• Interfere with, disrupt, overload or attempt to gain unauthorised access to the Service or its infrastructure.

We may suspend or terminate access immediately if we reasonably believe you have breached this section.

5. Fees, Credits & Payment

Some features of the Service are offered on a paid basis. Where fees apply, the price, the unit (e.g. credit pack, per-document, subscription) and the payment terms will be displayed at the point of purchase.

Payments are processed by Stripe. By providing payment details you authorise us, via Stripe, to charge the applicable amount. All prices are in Australian dollars and, unless otherwise stated, are inclusive of GST where applicable. You are responsible for any taxes or duties payable in your jurisdiction in addition to the price displayed.

5.1 Refunds

Except where required by the Australian Consumer Law (see Section 9), fees and credits are non-refundable once a SWMS has been generated, downloaded or otherwise consumed. Unused credits do not expire unless we tell you otherwise in writing or at the point of purchase. We may, at our discretion, offer a refund or credit if the Service has materially failed to perform.

5.2 Failed payments & chargebacks

If a payment fails, is reversed or is the subject of a chargeback, we may suspend your access until the amount is resolved and may recover any associated fees from you.

6. Intellectual Property

6.1 Our IP

The Service, including the platform, software, libraries, templates, content structures, branding, designs and documentation, is owned by us or our licensors and is protected by copyright and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.

6.2 Your data

You retain ownership of the information you submit to the Service (including company details, project details, worker information and any uploaded documents) ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free licence to host, process, transmit and reproduce Customer Data solely to operate, support and improve the Service.

6.3 Generated documents

Subject to you having paid any fees due, you may use SWMS documents and other outputs generated through the Service for the operation of your own business and worksites. You must not redistribute, resell or publish them as a stand-alone product.

6.4 Anonymised & aggregated data

We may collect, generate and use anonymised, aggregated or de-identified data derived from use of the Service (including hazard libraries, usage statistics and typical control measures) to improve the Service and our content libraries. This data does not identify you or your workers.

6.5 Audit data & Library Improvement

Some features of the Service allow a head contractor, principal contractor or other reviewing party (an "Auditing Party") to upload SWMS documents prepared by a third party (a "Submitting Contractor") for the purpose of review, scoring and feedback (the "Audit Service"). The following terms apply in addition to the rest of Section 6:

• Authority to upload. If you upload a SWMS or related document to the Audit Service, you confirm you have authority to do so — either because you authored it, you are the PCBU it was prepared for, or the Submitting Contractor has consented to your reviewing it through the Service.
• Use of the original document. The SWMS content uploaded for audit is used to produce a review report for the Auditing Party. It is not resold, published, shared with other customers, or used as a template for other users.
• Library Improvement. You authorise us to extract anonymised, de-identified, pattern-level information from audits — including the question being audited, the verdict (pass / partial / fail), recurring gap themes, common control wording categories, and statistical frequencies — and to use that information to improve our review libraries, scoring rubrics, hazard libraries and AI prompts. We do not reuse the original SWMS text, company names, project names, worker details, plant or substance lists, site addresses or any other identifying content as part of this Library Improvement use.
• Review findings are advisory. Audit reports are generated to assist the Auditing Party's review. They do not certify a SWMS as compliant and do not transfer or replace the Submitting Contractor's duties under WHS, OHS or contract law. The Auditing Party remains responsible for any acceptance decision and for the consequences of that decision.
• Retention. Audit submissions, generated reports and findings are retained for the period necessary to operate the Audit Service and to evidence the review on the Auditing Party's behalf, in accordance with our Privacy Policy.

7. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Service, you also agree to the Privacy Policy.

8. Third-Party Services

The Service relies on third-party providers (including Stripe for payments and Railway for hosting). Their availability, terms and privacy practices are outside our control. We are not responsible for failures, outages, errors or losses caused by third-party services.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any equivalent State or Territory legislation ("Non-Excludable Rights").

To the extent permitted by law, where the Service is supplied to you and is not "of a kind ordinarily acquired for personal, domestic or household use or consumption", our liability for failure to comply with a consumer guarantee is limited (at our option) to:

• resupplying the Service; or
• paying the cost of having the Service resupplied.

10. Disclaimers

To the maximum extent permitted by law, and subject to the Non-Excludable Rights:

• The Service and all output from the Service is provided "as is" and "as available", without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness or non-infringement.
• SWMS documents and other content produced by the Service are drafts and tools to assist compliance only. They are not legal advice, engineering advice or WHS consultancy advice. You must not rely on them as a substitute for site-specific risk assessment, professional advice or competent supervision.
• We do not warrant that the Service will be uninterrupted, error-free, free of harmful components or that any defect will be corrected.
• We do not warrant that any document generated will be accepted by any principal contractor, regulator, insurer or other third party.

11. Limitation of Liability

To the maximum extent permitted by law, and subject to Section 9:

• HSEque, including its principals, employees, contractors and licensors, will not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, or any loss of profit, revenue, goodwill, business opportunity, anticipated savings, data or contracts, however caused, whether arising in contract, tort (including negligence), under statute or otherwise, even if we have been advised of the possibility of such loss.
• HSEque will not be liable for any loss, damage, injury, death, fine, penalty, prosecution, regulatory action, claim or demand arising out of or in connection with:
  • any incident, injury, illness or fatality occurring on a worksite;
  • any inadequacy, error or omission in a SWMS or other document produced through the Service;
  • any failure by you or any third party to comply with WHS, OHS or other laws;
  • any use of, or reliance on, content suggested or generated by the Service.
• Our total aggregate liability to you under or in connection with these Terms, the Service and any output of the Service, for all claims arising in any twelve (12) month period, is limited to the greater of (a) the total fees actually paid by you to us in that twelve (12) month period, or (b) AUD $100.

12. Indemnity

You agree to indemnify and hold harmless HSEque, its principals, employees, contractors and licensors from and against all claims, demands, actions, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or in connection with:

• your use of the Service or any output of the Service;
• your breach of these Terms;
• your breach of any law (including WHS, OHS, environmental or privacy law);
• any incident, injury, illness or fatality on any worksite where a document produced through the Service is used or referenced;
• any third-party claim that Customer Data infringes their rights.

This indemnity does not apply to the extent the relevant loss is caused by our wilful misconduct or fraud.

13. Suspension & Termination

You may stop using the Service at any time. We may suspend or terminate your access (with or without notice) if:

• you breach these Terms;
• you fail to pay fees when due;
• we are required to do so by law;
• we discontinue the Service or any part of it.

On termination, your right to access the Service ends. Sections that by their nature should survive termination (including Sections 3, 6, 9, 10, 11, 12 and 16) will survive.

14. Data Retention & Export

We retain Customer Data in accordance with our Privacy Policy. We are not obliged to retain Customer Data after termination. You are responsible for downloading and retaining your own SWMS documents and records as required by law (most jurisdictions require SWMS records to be kept for at least two years from the end of the work, and longer where a notifiable incident has occurred).

15. Changes to the Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent version. Material changes will be notified by a notice on the Service or by email to your registered address. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Nothing in this section prevents a party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction.

17. General

• Entire agreement. These Terms, together with the Privacy Policy and any order or pricing terms presented at the point of purchase, form the entire agreement between you and us in relation to the Service and supersede any prior representations or agreements.
• Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is severed to the extent necessary and the remaining provisions continue in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or novate these Terms (in whole or part) to a successor of our business or to a related entity on notice to you.
• Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, fires, floods, pandemics, strikes, internet or hosting outages, cyber attacks or government action.
• Notices. Notices to us must be sent to alex@hseque.com.au. Notices to you may be sent to the email address associated with your account or shown on the Service.