Terms & Conditions

These terms govern your access to the SWMS Aus website and your purchase, download or use of any product or resource supplied by Keuer Solutions Pty Ltd (ABN 48 698 704 853) trading as SWMS Aus ("we", "us", "our"). By using this website, or by purchasing, downloading or using any Product, you agree to these terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business, and "you" means that business.

1. Definitions

Product means any document, template, pack or resource supplied by us, whether paid or free, including Safe Work Method Statements (SWMS), Safe Operating Procedures (SOPs), Job Safety Analyses (JSAs), Verification of Competency records (VOCs), trade packs, policies, registers, forms, toolbox talks and any preview, sample or guide. Competent Person means a person who has acquired, through training, qualification or experience, the knowledge and skills to carry out the relevant task. ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. Nature of what we supply

We supply editable digital document templates (for example .docx and .xlsx files) delivered by download. Every Product is a template and starting point only. Products are not finished, site-ready or worker-ready safety documents, and are not a safety management system. No Product is complete on delivery, and none may be used in the form supplied without the completion, customisation and review described in clause 4.

Products are generic to a trade, task or item of plant. They are not prepared for your business, your site, your workers, your plant, your client's requirements or your circumstances, and we have no knowledge of any of those things.

3. No advice and no professional relationship

Nothing on this website, in any Product, or in any guide, article, description or correspondence from us constitutes legal, safety, engineering, compliance, industrial relations or other professional advice, and none of it may be relied on as such. We are not your safety adviser, consultant or auditor, and no professional or advisory relationship arises between us. We do not assess your workplace, your work methods, your plant, your workers, your risks or your compliance obligations.

Any reference in a Product to legislation, regulations, codes of practice or standards is included for general orientation only. Laws change, and application depends on facts we do not know. You are responsible for confirming what applies to you, including with your work health and safety regulator.

4. Your responsibilities before use

Before any Product is used in a workplace, you must ensure that a Competent Person:

• reviews the Product in full against the actual task, site, plant, workers and conditions;
• completes all site-specific and task-specific fields;
• adds, removes or amends hazards, risks and control measures so they reflect the work as it will actually be carried out;
• confirms the Product is current and correct for the jurisdiction in which the work is performed; and
• consults workers as required, and briefs and obtains sign-on from every worker who will carry out the work.

You remain solely responsible for your work health and safety duties. Purchasing, downloading, completing or holding a Product does not discharge, transfer or reduce any duty you owe under work health and safety law or otherwise, and does not make you compliant.

5. Verification of Competency (VOC) records

VOC Products carry additional and specific limits. A VOC is an internal assessment record only. It records that a named person was assessed as having demonstrated competency on a specified item of plant or task, at your workplace, on a specified date, by an assessor you select.

A VOC is not a licence, permit, ticket, certificate of competency, qualification, statement of attainment or accreditation, and is not a substitute for any of them. Where a high risk work licence, statutory ticket, registration, certification or other authorisation is required by law for the work or the plant, that requirement continues to apply in full and is unaffected by any VOC.

You are solely responsible for selecting an assessor who is competent to conduct the assessment, for the conduct and outcome of the assessment, for the accuracy of the completed record, for determining reassessment intervals, and for deciding whether any person is permitted to carry out any work. We take no part in any assessment, make no assessment of any person's competency, and give no opinion on any completed VOC.

6. Jurisdiction-specific versions and currency

Some Products are offered in versions prepared with a particular Australian state or territory in mind, and some are offered as national versions. Selecting a version is your decision. We do not verify where you operate, and supplying a version for a jurisdiction is not a representation that it is suitable, current or sufficient for your work in that jurisdiction.

We may update Products from time to time. We do not undertake to notify you of updates, to update Products you have already downloaded, or to keep any Product current with changes in law, standards or practice. A Product reflects our material at the time it was prepared, and it is your responsibility to confirm currency before use.

7. No warranty of outcome or acceptance

To the maximum extent permitted by law, and subject to clause 9, we make no representation and give no warranty that any Product:

• is suitable, sufficient or fit for your particular work, site or circumstances;
• will be accepted by any principal contractor, client, builder, regulator, auditor, insurer, certifier or prequalification scheme;
• will result in or evidence compliance with any law, regulation, code of practice, standard or contractual requirement; or
• will prevent any incident, injury, illness, damage, prosecution, penalty, notice or claim.

Acceptance of documents is at the discretion of the party asking for them, and their requirements are outside our knowledge and control.

8. Delivery, access and orders

Products are delivered electronically. On successful payment we make download links available and send them to the email address you provide. You are responsible for providing a correct email address and for retrieving and retaining your files. Download links may be limited in number of uses and in time. We may host, move or withdraw files, and we do not undertake to make any Product available for download indefinitely. We recommend you save your files on receipt.

Prices are shown in Australian dollars and are inclusive of GST. Payment is processed by our payment provider, and we do not receive or store your full card details. A tax invoice is provided for each purchase.

9. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right, warranty or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. If the ACL applies and we fail to meet a consumer guarantee, you have rights under the ACL that these terms do not affect.

Where our liability may lawfully be limited, and to the extent permitted, our liability for a failure to comply with a consumer guarantee in respect of goods or services not of a kind ordinarily acquired for personal, domestic or household use is limited, at our option, to replacing or resupplying the Product, supplying an equivalent Product, or paying the cost of doing so.

10. Limitation of liability

Subject to clause 9, and to the maximum extent permitted by law, we, our directors, officers, employees and contractors are not liable to you or to any other person for any loss, damage, cost, expense, injury, illness, death, claim, penalty, fine, prosecution or liability of any kind, however arising and whether in contract, tort (including negligence), statute or otherwise, arising out of or in connection with:

• any Product, or its use, completion, customisation, misuse or non-use;
• reliance on any Product or on any content of this website;
• any work carried out with reference to a Product;
• any assessment recorded in, or decision made on the basis of, a VOC;
• any rejection of a document by any third party; or
• any unavailability, interruption, delay or error in this website or in delivery.

Subject to clause 9, and to the maximum extent permitted by law, we are not liable for any indirect, consequential, special or economic loss, or for loss of profit, revenue, contract, opportunity, production, goodwill or anticipated savings. Subject to clause 9, our total aggregate liability arising out of or in connection with a Product is limited to the amount you paid us for that Product.

Nothing in these terms operates to exclude or limit liability that cannot lawfully be excluded or limited, including for fraud.

11. Indemnity

To the maximum extent permitted by law, you indemnify us and our directors, officers, employees and contractors against any claim, demand, proceeding, loss, damage, cost or expense (including reasonable legal costs) brought by or payable to a third party and arising out of or in connection with your use, completion, customisation, distribution or misuse of a Product, your breach of these terms or the Licence Terms, or your breach of any law. This indemnity is reduced to the extent that our negligence or breach caused the relevant loss.

12. Licence to use

Subject to payment, we grant you a non-exclusive, non-transferable, perpetual licence to use, edit and reproduce the Product for the internal purposes of a single business entity, including its own workers and its own work. You must not resell, sublicense, distribute, publish, share or make available any Product, in original or modified form, to any other business or to the public, and must not use any Product to provide a document supply or template service to others. Full permitted and prohibited uses are set out in our Licence Terms, which form part of these terms.

13. Intellectual property

All intellectual property in the Products and this website, including copyright in the document structure, wording and layout, remains ours or our licensors'. You acquire no ownership of any Product. Content you add to a Product remains yours. Our name, logo and branding may not be used without our written consent, and must be removed from any document you distribute outside your business as permitted by the Licence Terms.

14. Free resources

Free resources are supplied on the same basis as paid Products and are subject to these terms in full, including clauses 2, 3, 4, 7, 10 and 11. They are provided without charge and, to the maximum extent permitted by law and subject to clause 9, without warranty of any kind.

15. Refunds

Products are digital goods delivered immediately. Our Refund Policy forms part of these terms and sets out when a refund or replacement is available. Nothing in that policy limits your rights under the ACL.

16. Website use and availability

You must not interfere with this website, attempt to gain unauthorised access to it, scrape or bulk-download its content, or use it in a way that is unlawful or that interferes with others. We may suspend, withdraw or vary the website or any Product at any time. We do not warrant that the website will be available without interruption or free of errors.

17. Privacy

We handle personal information in accordance with our Privacy Policy.

18. Suspension and termination

We may suspend or terminate your access to the website and to future purchases if you breach these terms or the Licence Terms. Termination does not affect the licence granted for Products already paid for, unless that breach relates to the licence itself, in which case we may terminate the licence for the affected Products.

19. General

If any provision of these terms is unenforceable, it is severed and the remaining provisions continue in force. Our failure to enforce a provision is not a waiver of it. We may assign these terms in connection with a sale or restructure of our business; you may not assign them without our consent. These terms, together with the Licence Terms, Refund Policy and Privacy Policy, are the entire agreement between us about their subject matter. We are not liable for any failure or delay caused by events beyond our reasonable control.

20. Changes to these terms

We may update these terms from time to time. The version published on this website at the time of your purchase applies to that purchase. Continued use of the website after a change constitutes acceptance of the updated terms.

21. Governing law

These terms are governed by the laws of Tasmania, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Tasmania and the courts competent to hear appeals from them.

22. Contact

Keuer Solutions Pty Ltd (ABN 48 698 704 853), trading as SWMS Aus. Enquiries: info@swmsaus.com.au.