Legal
Terms of Service
Effective date: 27 June 2026 · Last updated: 27 June 2026
Please read these Terms of Service carefully before using HSES Online. By accessing or using our platform, you agree to be bound by these terms. If you do not agree, you must not use the platform.
1. Agreement to These Terms
These Terms of Service (“Terms”) form a binding legal agreement between you and HSES Online (“we”, “us”, “our”) governing your access to and use of the HSES Online platform, including all associated software, applications, features, and content (collectively, the “Platform”).
If you are using the Platform on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms. References to “you” include both you individually and the organisation you represent.
2. Description of Services
HSES Online is a cloud-based work health, safety, and environment (WHS/HSE) management platform that enables organisations to record, manage, and report on safety incidents, hazards, risks, corrective actions, documents, and related compliance activities.
The Platform is provided on a software-as-a-service (SaaS) subscription basis. Features available to you depend on the subscription plan your organisation holds. We reserve the right to modify, update, or discontinue features of the Platform with reasonable notice.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years of age to use the Platform. By registering, you confirm that you meet this requirement and that the information you provide is accurate and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@hses.app if you become aware of any unauthorised use of your account.
3.3 Organisation Accounts
The Platform operates on an organisation (multi-user) account model. The person who registers an organisation account (“Organisation Admin”) is responsible for managing user access, roles, and permissions within that account. The Organisation Admin accepts these Terms on behalf of all users within their organisation’s account.
4. Subscriptions and Fees
4.1 Subscription Plans
Access to the Platform requires a paid subscription. Subscription plans, pricing, and included features are as described on our pricing page or as agreed in a written order form between you and HSES Online.
4.2 Billing and Payment
Subscription fees are billed in advance on a monthly or annual basis, as selected. All fees are quoted in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. Payment is due on the date shown on your invoice. We reserve the right to suspend access to the Platform if payment is not received when due.
4.3 Automatic Renewal
Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at support@hses.app. Cancellation takes effect at the end of the current billing period; no partial refunds are issued for unused periods.
4.4 Price Changes
We may change subscription pricing with at least 30 days’ written notice. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.
5. Acceptable Use
5.1 Permitted Use
You may use the Platform solely for your organisation’s internal WHS/HSE management purposes, in accordance with these Terms and all applicable Australian laws.
5.2 Prohibited Conduct
You must not:
- Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform
- Resell, sublicense, or otherwise commercialise access to the Platform without our written consent
- Upload or transmit malicious code, viruses, or any content that disrupts or damages the Platform
- Attempt to gain unauthorised access to any part of the Platform or to another user’s account
- Use automated scripts, bots, or scrapers to access the Platform in a manner that places unreasonable load on our infrastructure
- Input false, misleading, or fraudulent information into the Platform
- Use the Platform to store or transmit content that is defamatory, discriminatory, or in violation of any person’s rights
6. Your Data
6.1 Ownership
You retain full ownership of all data, records, documents, and information that you and your users enter into the Platform (“Your Data”). We do not claim any intellectual property rights over Your Data.
6.2 Licence to Process
You grant us a limited, non-exclusive licence to store, process, and use Your Data solely for the purpose of providing and improving the Platform to you. We will not use Your Data for any other purpose without your consent.
6.3 Data Accuracy
You are solely responsible for the accuracy, quality, and legality of Your Data. We do not verify the accuracy of information you enter into the Platform.
6.4 Data Export
You may export Your Data at any time through the Platform’s export functionality. Upon termination of your subscription, we will make Your Data available for export for 30 days, after which it will be securely deleted.
7. Intellectual Property
All intellectual property rights in the Platform, including its software, design, features, branding, and documentation, are owned by HSES Online or its licensors. Nothing in these Terms transfers any ownership of Platform intellectual property to you.
We grant you a limited, non-exclusive, non-transferable licence to access and use the Platform during your subscription period, solely for your internal business purposes. This licence terminates automatically upon expiry or termination of your subscription.
8. Platform Availability
We aim to provide a reliable, high-availability platform, but we do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will endeavour to provide advance notice of scheduled downtime where practicable.
We are not liable for any loss or damage arising from unavailability of the Platform, except to the extent required by Australian Consumer Law.
9. Warranty Disclaimer
To the maximum extent permitted by law, the Platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Platform is a management tool only. It is not a substitute for qualified WHS professional advice, legal advice, or regulatory compliance assurance. Use of the Platform does not guarantee compliance with any applicable work health and safety legislation, including the Work Health and Safety Act 2011 (Cth)or equivalent state and territory legislation. You remain solely responsible for your organisation’s WHS compliance obligations.
10. Limitation of Liability
To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of or relating to these Terms or your use of the Platform is limited to the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or cost of substitute services, even if we have been advised of the possibility of such damages.
These limitations do not apply to the extent they conflict with any non-excludable guarantee or right under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
11. Australian Consumer Law
Certain legislation, including the Australian Consumer Law, may imply guarantees, conditions, and warranties that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, condition, or warranty, that is implied or imposed by Australian law and that cannot lawfully be excluded or limited.
Where we are legally permitted to limit our liability for a breach of such an implied guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
12. Indemnification
You agree to indemnify, defend, and hold harmless HSES Online and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Your Data, including any claim that Your Data infringes the rights of a third party
- Your use of the Platform in a manner not permitted by these Terms
13. Termination
13.1 Termination by You
You may cancel your subscription and terminate your account at any time through your account settings or by contacting us at support@hses.app. Termination takes effect at the end of the current billing period.
13.2 Termination by Us
We may suspend or terminate your access to the Platform immediately and without notice if you materially breach these Terms, fail to pay fees when due, or if we are required to do so by law. We may also terminate the Platform with 60 days’ notice for any other reason.
13.3 Effect of Termination
Upon termination, your right to access the Platform ceases immediately. We will make Your Data available for export for 30 days following termination. After this period, Your Data will be permanently deleted. Provisions of these Terms that by their nature should survive termination will remain in effect.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law principles. You submit to the exclusive jurisdiction of the courts of Western Australia and the federal courts of Australia sitting in Western Australia.
15. Dispute Resolution
In the event of a dispute arising out of or relating to these Terms, the parties agree to attempt to resolve the dispute in good faith through direct negotiation. If the dispute is not resolved within 30 days of a written notice of dispute, either party may pursue resolution through the courts of Western Australia.
16. Changes to These Terms
We may update these Terms from time to time. We will provide at least 14 days’ notice of material changes by email or via a notice within the Platform. Continued use of the Platform after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Platform and cancel your subscription before the effective date.
17. General
- Entire Agreement: These Terms, together with our Privacy Policy and any applicable order form, constitute the entire agreement between you and HSES Online regarding the Platform and supersede all prior agreements.
- Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
- Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor in connection with a merger, acquisition, or sale of our business.
- No Agency: Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and HSES Online.
18. Contact Us
For any questions about these Terms, please contact us at: