Effective date: 1 March 2026. Governance framework for the provision of our cloud software services.
These Terms and Conditions (“Terms”) govern the provision of the cloud software services operated by VERISAFE (“we”, “us” or “Verisafe”) to you or the organisation you represent (“Customer”, “you” or “your”). By creating an account, purchasing a Subscription Pack, or otherwise accessing or using the Services, you agree to be bound by these Terms on behalf of the Customer. If you do not agree, you must not access or use the Services.
In these Terms:
2.1 We grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Services during the Term solely for your internal business purposes and in accordance with these Terms.
2.2 We will provide the Services substantially in accordance with the description on our website and the Privacy Policy.
2.3 We may update the Services from time to time provided the update does not materially diminish the core functionality.
3.1 You are responsible for:
3.2 You must not:
3.3 You acknowledge that the Services rely on data provided by government authorities and we are not responsible for the accuracy, completeness or timeliness of any government WWCC data.
4.1 Fees are payable in Australian dollars and are exclusive of GST (which we will add where applicable).
4.2 Subscription Packs are non-refundable except as required by law. Unused slots in a Subscription Pack expire at the end of the applicable billing period unless otherwise stated.
4.3 We may change Fees on 30 days' written notice. Continued use after the change constitutes acceptance.
4.4 If you fail to pay, we may suspend or terminate your access after 10 business days' notice.
5.1 All Intellectual Property Rights in the Services (including software, design and documentation) remain our property or that of our licensors.
5.2 You retain ownership of your Customer Data. You grant us a worldwide, royalty-free licence to use, host, copy and process Customer Data solely to provide, maintain and improve the Services.
6.1 We collect, use, disclose and store personal information (including sensitive information) in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
6.2 You appoint us as a data processor (or equivalent) and warrant that you have all necessary consents and authority to provide Customer Data to us.
6.3 Customer Data is stored in Australia unless otherwise notified.
Each party must keep the other party's confidential information confidential and use it only for the purposes of these Terms.
8.1 We warrant that we will provide the Services with reasonable care and skill.
8.2 To the maximum extent permitted by law, we exclude all other warranties, representations and guarantees (whether express or implied). In particular:
8.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee or right that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
9.1 To the extent permitted by law, our total aggregate liability arising out of or in connection with these Terms (whether in contract, tort, under statute or otherwise) is limited to the total Fees paid by you in the 12 months immediately preceding the event giving rise to the liability.
9.2 We are not liable for any indirect, consequential, special or incidental loss or damage (including loss of profits, data or goodwill).
9.3 You indemnify us against any loss, claim or liability arising from your breach of these Terms, your Customer Data or your use of the Services other than as permitted.
10.1 Either party may terminate these Terms immediately by written notice if the other party breaches a material term and fails to remedy the breach within 14 days.
10.2 We may also terminate or suspend your access immediately if you become insolvent or we reasonably believe continued provision would breach any law.
10.3 On termination:
Neither party is liable for delay or failure to perform its obligations (other than payment) caused by events beyond its reasonable control.
12.1 These Terms are governed by the laws of the State of New South Wales, Australia.
12.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
13.1 These Terms constitute the entire agreement between the parties and supersede all prior understandings.
13.2 We may amend these Terms on 30 days' notice by posting the updated version on our website. Continued use constitutes acceptance.
13.3 If any provision is held invalid, the remainder remains in force.
13.4 No waiver is effective unless in writing.
13.5 These Terms may be executed electronically and in counterparts.
If you have any questions about these Terms, please contact us at hello@verisafe.com.au.