Legal

Terms of Service

Last updated: April 2026

Terms of Service Agreement

Terms of Services Agreement (Operative Part)

The Agreement

This Agreement commences on the Start Date (or Onboarding Call) stated in the WorkWise Service Order Form, or in any Proposal accepted by the Customer, and continues for the minimum term of 12 weeks, or as otherwise stated in the Order Form or Proposal. After the minimum term, the Agreement will automatically transition to a month-to-month arrangement unless terminated earlier in accordance with this Agreement.

For the purposes of this Agreement, a "Proposal" issued by the Provider and accepted by the Customer (including acceptance by payment or by commencing a subscription via any of the Provider's payment methods) will be deemed to be a WorkWise Service Order Form.

If no WorkWise Service Order Form or Proposal exists, the Agreement commences on the date of the first use of the Services by the Customer.

The Agreement will continue for the period stated in any Order Form or Proposal (the "Term") unless and until terminated in accordance with this clause.

Key Terms

Services: means the WorkWise software-as-a-service platform and all associated tools, features and functionality made available to the Customer.

Provider: WorkWise Auto Solutions PTY LTD

Customer: the individual, business, partnership or other organisation that enters into this Agreement with the Provider.

Data: any information, data or content provided by the Customer to the Provider or collected by the Provider on behalf of the Customer via the use of the Services.

Personal Information: information that can identify an individual, as defined under the Privacy Act 1988 (Cth).

Confidential Information: information disclosed by one party to another that is marked as confidential or would reasonably be expected to be confidential.

Intellectual Property Rights: all rights, title and interest in any invention, work, process, procedure, know-how, information, research or development, brand name, website, design or other work of authorship, whether or not patented or patentable.

Changes to the Terms

We may change these Terms at any time. The updated version of these Terms will be made available to you via email, your Service Dashboard or on our Website. If you do not agree with the changes, you may terminate the Agreement by providing us with written notice within 10 business days of the change notification. Your continued use of the Services following notification of any changes will constitute your acceptance of the changes.

Use of the Services

You agree that:

  1. you will use the Services only in accordance with these Terms and all applicable laws and regulations;
  2. you are responsible for all activity under your account and all passwords and security measures for your account;
  3. you will not use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services;
  4. you will not attempt to gain unauthorised access to the Services or related systems or networks;
  5. you will not use the Services to send unsolicited communications (spam) or to harass any individual;
  6. you will not use the Services to collect or track any information about third parties without their consent;
  7. you will not modify, translate, or create derivative works based on the Services; and
  8. you will not reverse engineer, disassemble or decompile any software or source code contained in the Services.

Data Ownership

You retain all ownership and rights to all Data that you provide to the Provider through the Services. You grant the Provider a non-exclusive, worldwide licence to use, store, process and transmit your Data for the purposes of providing the Services to you.

The Provider may also use, aggregate and analyse Data in a de-identified form for the purposes of improving the Services, developing new features, and ensuring the security and integrity of the Services.

Data Storage and Security

The Provider will store your Data on secure servers and will implement reasonable security measures to protect your Data from unauthorised access, alteration, disclosure or destruction.

However, no method of transmission over the Internet or electronic storage is 100% secure. The Provider cannot guarantee absolute security of your Data. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

The Provider will notify you promptly of any suspected breach of security or unauthorised access to your Data.

Warranties

The Services are provided on an "as-is" basis without any warranties, representations or conditions (whether express or implied, statutory or otherwise). To the extent permitted by law, the Provider excludes all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.

The Provider does not warrant:

  1. that the Services will be error-free or uninterrupted;
  2. that any defects in the Services will be corrected; or
  3. that the Services will meet your specific requirements or expectations.

You use the Services at your own risk.

Limitation of Liability

To the extent permitted by law, the Provider will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or damages for loss of profits, revenue, data or use, whether in an action in contract, tort (including negligence), breach of statutory duty or otherwise, even if the Provider has been advised of the possibility of such damages.

The Provider's total liability (if any) for any claims arising out of or relating to this Agreement or the Services will be limited to the amount paid by you to the Provider in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations or exclusions may not apply to you.

Indemnity

The Customer is liable for and agrees to indemnify, defend and hold the Provider harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

  1. any information provided by the Customer to the Provider that was not accurate, up to date or complete or was misleading or a misrepresentation;
  2. the Customer's breach of this Agreement, including any failure to pay fees when due and all costs and expenses reasonably incurred by the Provider in recovering any outstanding amount (including legal fees on a full indemnity basis and debt collection and commercial collection agency fees and commissions);
  3. any misuse of the Services by the Customer, the Customer's employees, contractors or agents; and
  4. the Customer's breach of any law or third-party rights.

The Provider is liable for and agrees to indemnify, defend and hold harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

  1. any information provided to the Customer by the Provider that was not accurate, up to date or complete or was misleading or a misrepresentation;
  2. the Provider's breach of this Agreement;
  3. the Provider's negligence or wilful breach; or
  4. the Provider's infringement of any third-party intellectual property rights.

Confidentiality

Each party agrees to keep all Confidential Information received from the other party strictly confidential and to not disclose it to any third party without the prior written consent of the disclosing party, except where required by law.

Termination

Either party may terminate this Agreement:

  1. by providing written notice to the other party and allowing the notice period specified in the Order Form or Proposal to elapse (the "Notice Period");
  2. if the other party materially breaches this Agreement and fails to cure the breach within 10 business days of written notice; or
  3. if the other party becomes insolvent or ceases operations.

Upon termination, you must immediately cease use of the Services and return or destroy all Confidential Information and materials provided by the Provider.

The Provider may also suspend your access to the Services if you breach any material term of this Agreement or fail to pay any fees due under an Order Form or Proposal.

Your obligations regarding Data ownership, confidentiality, indemnification and limitation of liability will survive any termination of this Agreement.

Intellectual Property Rights

All Intellectual Property Rights in the Services, including all software, text, graphics, logos, images, audio, video and content contained therein, are owned by or licensed to the Provider.

You are not granted any ownership rights to the Services. You are only granted a limited, non-exclusive, non-transferable licence to access and use the Services for your own business purposes in accordance with this Agreement.

You must not copy, modify, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any part thereof.

Privacy

The Provider is bound by the Privacy Act 1988 (Cth), the Australian Consumer Law and any other applicable data protection laws.

The Provider's Privacy Policy sets out how the Provider collects, uses and discloses Personal Information and is available at Privacy Policy.

Payment and Fees

You agree to pay the fees for the Services as set out in the applicable Order Form or Proposal.

Fees will be charged on the schedule specified in the Order Form or Proposal. If no schedule is specified, fees will be charged monthly in advance.

All fees are exclusive of any applicable GST or other taxes, which will be added to your invoice.

If you fail to pay any fees when due, the Provider may:

  1. suspend your access to the Services;
  2. charge interest on the outstanding amount at the rate of 10% per annum (or the maximum rate permitted by law, if less); and
  3. recover from you all costs and expenses incurred in recovering the outstanding amount, including but not limited to legal fees on a full indemnity basis, debt collection and commercial collection agency fees and commissions, dishonour and chargeback fees, and any administrative or other costs reasonably incurred in pursuing recovery.

Free Trials

If you are provided with a free trial of the Services, the following terms apply:

  1. the free trial will be for the period specified by the Provider (usually 7-14 days);
  2. you must not use the free trial for any commercial purpose without the Provider's written consent;
  3. any Data you enter during the free trial may be deleted by the Provider at the end of the trial period;
  4. if you do not terminate the free trial before the end of the trial period, you will be automatically charged the fees for the Services on a monthly basis; and
  5. you may cancel the free trial at any time by notifying the Provider in writing.

Third-Party Services and Links

The Services may contain links to, and may be integrated with, third-party websites and services (including payment gateways, email providers, CRM systems and other software). The Provider is not responsible for the content, accuracy, reliability or practices of any third-party websites or services.

Your use of any third-party websites or services is governed by their terms of use and privacy policies. You should review the terms and policies of any third-party service before providing your Personal Information or Data.

The Provider does not endorse any third-party websites or services and is not responsible for any loss or damage arising out of your use of them.

Restrictions on Use

You agree that you will not:

  1. use the Services to develop, market or support any product or service competitive with the Services;
  2. use the Services to test the security or integrity of the Services;
  3. use the Services in any way that violates any applicable law or regulation;
  4. use the Services to infringe any intellectual property rights or privacy rights of any third party;
  5. use the Services to transmit any viruses, malware, or other harmful code;
  6. use the Services to engage in any illegal activity, including fraud, hacking or unauthorised access to systems;
  7. use the Services to collect or harvest any information about other users without their consent;
  8. use the Services to send unsolicited commercial messages (spam);
  9. allow any unauthorised third party to access or use your account; or
  10. remove or alter any proprietary notices, labels or marks on the Services.

Entire Agreement

These Terms constitute the entire agreement between you and the Provider relating to the Services and supersede all prior and contemporaneous agreements, representations and understandings, whether written or oral.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland.

Changes to Services

The Provider may modify or discontinue the Services (or any part thereof) at any time with or without notice. The Provider will not be liable to you for any modification or discontinuation of the Services.

If the Provider makes any material changes to the Services that substantially reduce their functionality or features, the Provider will use reasonable efforts to notify you of the changes.

Feedback

If you provide any feedback, suggestions, ideas or recommendations regarding the Services to the Provider ("Feedback"), you grant the Provider a perpetual, irrevocable, worldwide, non-exclusive licence to use, modify, and incorporate such Feedback into the Services without any obligation to compensate you or acknowledge you as the source of the Feedback.

Support

The Provider will use reasonable efforts to provide technical support for the Services during normal business hours. The specific support provided will be as set out in the applicable Order Form or Proposal.