These Terms and Conditions (“Terms”) govern your access to and use of the Rapid Safe Systems website (https://www.rapidsafesystems.au) and all related services (collectively, the “Services”). By creating an account or using the Services, you agree to be bound by these Terms. If you do not agree with all of these Terms, do not use the Services. We are Rapid Safe Systems Pty Ltd (“Rapid Safe Systems”, “we”, “us”, or “our”). You can contact us at nic@rapidsafesystems.au with any questions.

Services

Rapid Safe Systems provides a cloud-based SaaS platform for contractors and subcontractors to create, manage, and submit Safe Work Method Statements (SWMS) and related safety documentation. Our key features include:

• Digital SWMS Creation: Tools to generate and complete SWMS forms online (with templates and guidance).
• Document Management: Secure storage of completed forms, version history, and project records.
• Contractor Management: Features for supervising and collaborating with subcontractors and workers.
• Compliance Tracking: Reminders and checklists to help ensure safety procedures are followed.

The Services are hosted and operated in Australia. We make no representation that the Services comply with the laws of any other country. Accessing or using the Services from outside Australia is at your own initiative and risk, and you are responsible for compliance with local laws in your jurisdiction. You may not use the Services in any jurisdiction where doing so would violate applicable laws or regulations.

You may not use the Services in any jurisdiction where doing so would violate applicable laws or regulations.

Intellectual Property and License

All content, software, source code, databases, functionality, designs, audio, video, text, photographs, graphics, and trademarks on the Site (collectively, “Rapid Safe Systems Content”) are owned or licensed by Rapid Safe Systems and are protected by Australian and international intellectual property laws. You may not sell, copy, distribute, or create derivative works of our Content without our express permission. The SWMS templates and other materials we provide are tools to assist you; you retain all rights to the information you input or upload.

Subject to your compliance with these Terms, Rapid Safe Systems grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and to download or print copies of any Content specifically made available to you through the Services. This license is solely for your internal business use (e.g. completing SWMS for your projects). You may not resell, sublicense, or otherwise exploit the Services or Rapid Safe Systems Content commercially. You agree to respect all copyright, trademark, and other proprietary notices, and you will not remove or alter any such notices on the Site.

Acceptable Use and Account Termination

You agree to use the Services only for lawful, authorized purposes and in accordance with these Terms. You must not:

• Violate any applicable law, statute, or regulation (e.g. workplace safety laws, data protection laws).
• Use the Services to create fraudulent or unsafe SWMS. Ensure all hazards, risks, and control measures are correctly identified and compliant with local regulations.
• Upload or transmit any unlawful, harmful, defamatory, obscene, or discriminatory content.
• Send unsolicited communications (spam) or engage in any data mining, harvesting, or scraping of the Services.
• Reverse-engineer, decompile, or attempt to access source code or underlying algorithms of the Services.
• Interfere with or disrupt the integrity or performance of the Services (e.g. hacking, introducing malware).
• Infringe the intellectual property rights of Rapid Safe Systems or any third party.
• Use the Services in a manner that suggests an unauthorized association with any Rapid Safe Systems product or violates these Terms.

You are responsible for keeping your account information and password confidential. You must immediately notify us of any unauthorized use of your account. Rapid Safe Systems reserves the right to suspend or terminate your account (and access to the Services) at our sole discretion, without notice, if we believe you have violated these Terms or engaged in abusive or disruptive behaviour. Upon termination, any data associated with your account may be deleted or anonymized in accordance with our Privacy Policy.

Third-Party Services

Certain features of our platform use third-party tools (for example, Outseta for membership and subscription management, and Stripe for payment processing). You acknowledge that these third-party services are not owned or controlled by Rapid Safe Systems. We do not endorse or control these services, and we are not responsible or liable for their content or performance. For example:

• Outseta: We use Outseta to handle user authentication, subscriptions, and account management. Outseta’s own terms, privacy policy, and security practices apply to that aspect of your data.
• Stripe: All payments are processed through Stripe. We do not store your full payment details; Stripe handles credit card processing and security. By paying, you agree to Stripe’s terms and any transaction fees they may impose.

Your dealings with third parties (e.g. payment disputes with Stripe, or service outages by Outseta) are solely between you and those parties. Rapid Safe Systems has no liability for any issues arising from third-party services. Use of such services is at your own risk.

Payment, Billing, and Refunds

Access to our platform requires a subscription fee. All subscription fees and charges are in Australian dollars. You agree to pay all fees as set out in your chosen plan. Payments are handled via Stripe; you authorize Stripe to charge your chosen payment method. If a payment fails, we may suspend or terminate your access until payment is received.

Refund Policy: If you are not satisfied with the Services, you may request a refund by contacting us at nic@rapidsafesystems.au within 7 days of your initial purchase. After 7 days, subscription fees are non-refundable. Any refunds granted are at our discretion and may be subject to a processing fee.

Data Collection and Privacy

We collect the following information to provide and improve our Services:

• Personal Data: Your email address, name, business information (e.g. company name, ABN), and payment details when applicable.
• SWMS Data: Information you enter into SWMS forms (job details, safety procedures, risk assessments, etc.).
• Usage Data: Records of your activities on the platform (such as date/time of form submissions, features accessed).
• Cookies and Tracking: We use cookies and similar technologies for site functionality, analytics, and improving user experience.

Your data is stored securely in compliance with relevant data protection laws. We do not sell or rent your personal data to third parties. We may share information with service providers (like Outseta/Stripe) solely to enable the services (e.g. payment processing). We maintain a separate Privacy Policy detailing our practices. As required by laws like the GDPR, we commit to protecting your data and providing rights to access, correct, or delete your information. By using the Services, you consent to our data practices as described in the Privacy Policy.

User Obligations and Content Accuracy

You are solely responsible for the information you submit through the Services. This includes ensuring that all data, responses, and selections in your SWMS forms are accurate, complete, and compliant with applicable safety regulations. Before using or relying on a generated SWMS, you must review and customize it as needed. Rapid Safe Systems provides tools and guidance, but we do not guarantee that any document generated will fully comply with specific legal requirements. The ultimate responsibility for compliance with workplace health and safety laws remains with you (and the person signing the SWMS). You should verify all safety measures with qualified professionals when necessary.

If any submitted information is misleading, incomplete, or unlawful, you may be liable for resulting issues. You agree to maintain the confidentiality of your account credentials and immediately update any account or security information if compromised.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. Rapid Safe Systems, its owners, agents, and employees disclaim all warranties of any kind, whether express or implied, to the fullest extent permitted by law. This includes (but is not limited to) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment. We make no representations or guarantees that the Services will meet your requirements or be uninterrupted, secure, or error-free. Rapid Safe Systems does not warrant the accuracy, reliability, or completeness of any information or SWMS generated by the platform. Your use of the Services is at your own risk. The tool is for guidance only and that users must exercise independent judgment.

Limitation of Liability

To the maximum extent permitted by law, Rapid Safe Systems shall not be liable for any damages of any kind arising out of or in connection with the Services. This includes (without limitation) any indirect, special, injuries, deaths, incidental, consequential, or punitive damages, or any loss of profits, revenue, data, business, goodwill, or business interruption. Even if Rapid Safe Systems has been advised of the possibility of such damages, we are not responsible. In no event will our total liability exceed the amounts you have paid to us in the 12 months preceding the claim.

This limitation applies regardless of the form of action (contract, tort, strict liability, etc.). It does not limit liability for fraud, intentional misconduct, or personal injury caused by our negligence to the extent prohibited by law.

Indemnification

You agree to indemnify, defend, and hold harmless Rapid Safe Systems and its affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or related to: (i) your breach of these Terms; (ii) any information or content you submit to the Services; (iii) your use of the Services; (iv) your violation of any laws or regulations; or (v) your infringement of any third-party rights. This indemnity obligation will survive termination of your account.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Australia, specifically the State or Territory where Rapid Safe Systems is registered (currently New South Wales, Australia). By agreeing to these Terms, you submit to the jurisdiction of the courts of that state. Any dispute arising under these Terms shall be resolved exclusively in those courts. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Updates to Terms

Rapid Safe Systems may update or modify these Terms from time to time (for example, to reflect changes in law or business practices). We will notify you of any material changes by email or by posting the updated Terms on the Site. Your continued use of the Services after any changes are posted will constitute your acceptance of the new Terms. It is your responsibility to review the Terms periodically for updates.

Contact Information

If you have any questions or concerns about these Terms, please contact us at: nic@rapidsafesystems.au