1. Acceptance of these terms
These Terms & Conditions (the "Terms") govern your access to and use of the Briesa website and the Briesa compliance platform (together, the "Service"), provided by Briesa Pty Ltd (ABN 68 461 702 776) ("Briesa", "we", "us" or "our"). By creating an account, subscribing or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm you are authorised to bind that organisation, which is the "Customer".
2. The Service
Briesa provides a hosted, subscription-based platform for managing work health and safety, governance, risk, compliance and ISO certification activities. We may add, change or remove features over time. We will not materially reduce the core functionality of a paid tier during a paid term without reasonable notice.
3. Accounts and 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 promptly of any unauthorised use. You must provide accurate account and billing information and keep it up to date. You are responsible for the conduct of users you invite to your organisation's account.
4. Subscriptions and billing
- Subscriptions are priced per organisation according to the tier you select, as set out on our pricing page. Field workers, contractors and visitors are unlimited on every tier.
- Fees are billed in advance on a monthly or annual basis and, unless stated otherwise, are quoted in Australian dollars and exclusive of GST, which will be added where applicable.
- Subscriptions renew automatically for successive terms unless cancelled before the renewal date. You may cancel at any time; cancellation takes effect at the end of the current billing term.
- Except where required by the Australian Consumer Law, fees already paid are non-refundable, and downgrading may cause loss of features or capacity.
- We may change our fees with at least thirty (30) days' notice, with changes taking effect at your next renewal.
5. Acceptable use
You agree not to:
- use the Service in breach of any applicable law or regulation;
- upload or transmit malicious code, or attempt to gain unauthorised access to the Service or its underlying systems;
- interfere with or disrupt the integrity or performance of the Service, or probe, scan or test its vulnerability without our written consent;
- resell, sublicense or make the Service available to any third party except your authorised users; or
- use the Service to store or transmit content that is unlawful, infringing or harmful.
We may suspend access where we reasonably believe these Terms have been breached or the Service is being used in a way that poses a security or legal risk.
6. Customer data
As between you and us, you own the data you and your users submit to the Service ("Customer Data"). You grant us a licence to host, process and transmit Customer Data solely to provide and support the Service. You are responsible for the accuracy and legality of Customer Data and for having the right to provide it to us. Our handling of personal information is described in our Privacy Policy.
7. Intellectual property
The Service, including all software, design, content and trademarks, is owned by Briesa or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a non-exclusive, non-transferable right to access and use the Service during your subscription term. We retain all rights not expressly granted. Any feedback you provide may be used by us without restriction.
8. Availability and support
We aim to keep the Service available and reliable, but it is provided on an "as available" basis and may occasionally be unavailable for maintenance, updates or factors beyond our reasonable control. Any service-level commitments will be set out in a separate written agreement where applicable.
9. Disclaimers and Australian Consumer Law
The Service supports your compliance program but does not replace professional, legal or safety advice, and you remain responsible for your own regulatory obligations. To the maximum extent permitted by law, the Service is provided without warranties of any kind. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for failing to meet a consumer guarantee can be limited, it is limited to re-supplying the relevant service or paying the cost of re-supply.
10. Limitation of liability
To the maximum extent permitted by law, and subject to the section above, neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue or data. Our total aggregate liability arising out of or in connection with the Service is limited to the fees paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim.
11. Term and termination
These Terms apply for as long as you use the Service. Either party may terminate a subscription at the end of the then-current term, and we may suspend or terminate access immediately where you materially breach these Terms and fail to remedy the breach within a reasonable period. On termination, your right to use the Service ceases. We will make Customer Data available for export for a reasonable period after termination, after which it may be deleted in accordance with our retention practices.
12. Changes to these terms
We may update these Terms from time to time. We will publish the current version on this page and update the "last updated" date. Where changes are material, we will give reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
13. Governing law and jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia where applicable. You and Briesa submit to the non-exclusive jurisdiction of the courts of Victoria and the courts able to hear appeals from them.
14. Contact us
Questions about these Terms can be sent to legal@briesa.com.au or via our contact page.