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SITE PASSPORT

TERMS AND CONDITIONS OF USE

Last Updated: 13 February 2025

1. INTRODUCTION AND ACCEPTANCE

1.1 These Terms and Conditions ("Terms") govern access to and use of the Site Passport platform, including all websites, applications, subdomains, APIs, software, databases, and related services (collectively, the "Platform").

1.2 The Platform is owned and operated by Site Passport Pty Ltd (ACN [insert]) ("Site Passport", "Company", "we", "us", or "our").

1.3 By accessing, browsing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

1.4 If you do not agree to these Terms, you must immediately cease using the Platform.

2. NATURE OF THE PLATFORM

2.1 Site Passport is a digital record storage and sharing system designed to facilitate the uploading, storage, and presentation of work-related credentials, licences, certifications, and related information.

2.2 The Platform:

  • Does not issue licences or qualifications;
  • Does not verify the authenticity of uploaded documents unless explicitly stated;
  • Does not provide legal, regulatory, compliance, employment, or safety advice;
  • Does not guarantee compliance with any statutory or regulatory framework.

2.3 The Platform is provided strictly as an administrative convenience tool.

2.4 All responsibility for verifying qualifications, licences, authorisations, and site entry compliance remains with the relevant employer, site controller, regulatory authority, or individual.

3. ABSOLUTE DISCLAIMER OF RESPONSIBILITY

3.1 To the maximum extent permitted by law, Site Passport:

  • Makes no representations or warranties of any kind;
  • Accepts no responsibility for any reliance placed upon information stored within the Platform;
  • Does not warrant accuracy, completeness, currency, or validity of any uploaded material.

3.2 All information on the Platform is provided "AS IS" and "AS AVAILABLE".

3.3 Site Passport expressly disclaims liability for:

  • Expired, fraudulent, inaccurate, or altered certifications;
  • Regulatory non-compliance;
  • Site access decisions;
  • Employment decisions;
  • Workplace incidents;
  • Injury, death, loss, or damage arising from reliance on Platform data.

3.4 You acknowledge that you use the Platform entirely at your own risk.

4. LIMITATION OF LIABILITY

4.1 To the maximum extent permitted by law, Site Passport's total aggregate liability, whether in contract, tort (including negligence), statute, or otherwise, is limited to the greater of:

(a) AUD $100; or
(b) The amount paid by you to Site Passport in the preceding 3 months.

4.2 Site Passport shall not be liable for any:

  • Indirect loss;
  • Consequential loss;
  • Loss of profits;
  • Loss of revenue;
  • Loss of opportunity;
  • Business interruption;
  • Reputational damage;
  • Data loss;
  • Regulatory penalties;
  • Third-party claims.

4.3 You agree that this limitation is a fundamental basis of the agreement.

5. NO GUARANTEE OF SERVICE AVAILABILITY

5.1 The Platform may be modified, suspended, discontinued, or restricted at any time without notice.

5.2 We do not guarantee:

  • Continuous availability;
  • Error-free performance;
  • Data retention;
  • Backup integrity;
  • Compatibility with any device or system.

5.3 We may remove accounts or content at our sole discretion without explanation.

6. REFUNDS AND PAYMENTS

6.1 All fees are non-refundable unless otherwise determined by Site Passport in its sole and absolute discretion.

6.2 Site Passport reserves the unrestricted right to:

  • Refuse refunds;
  • Provide partial refunds;
  • Provide goodwill credits;
  • Cancel subscriptions;
  • Modify pricing at any time.

6.3 Failure to use the Platform does not entitle you to a refund.

6.4 No chargebacks or payment reversals may be initiated without first contacting Site Passport.

7. NO STORAGE OF CREDIT CARD INFORMATION

7.1 Site Passport does not store credit card details within the Platform.

7.2 Payments are processed by third-party payment processors.

7.3 Site Passport accepts no responsibility for the security practices of third-party processors.

7.4 Users must not upload financial details, banking information, or payment credentials into the Platform.

8. USER OBLIGATIONS

8.1 You warrant that:

  • All uploaded documents are accurate and lawful;
  • You have authority to upload them;
  • You will not upload confidential financial data;
  • You will not upload unlawful material.

8.2 You are solely responsible for ensuring documents are current and valid.

8.3 Site Passport does not monitor expiration dates unless explicitly stated.

9. DATA SHARING RIGHTS

9.1 You acknowledge and agree that Site Passport may:

  • Use aggregated and anonymised data;
  • Share platform usage statistics;
  • Share commercial insights;
  • Share de-identified compliance trends;
  • Disclose user data where required by law.

9.2 Site Passport may share proposal details, commercial metrics, and operational insights with:

  • Investors;
  • Government bodies;
  • Commercial partners;
  • Contractors;
  • Professional advisers;
  • Strategic affiliates.

9.3 Site Passport retains unrestricted rights to use non-personal commercial data for business development purposes.

10. INTELLECTUAL PROPERTY

10.1 All Platform content, software, branding, workflows, AI processes, and design elements remain the exclusive property of Site Passport.

10.2 No licence is granted except a limited, revocable right to access the Platform.

11. INDEMNITY

11.1 You indemnify and hold harmless Site Passport against all claims, liabilities, damages, penalties, costs, and expenses arising from:

  • Your use of the Platform;
  • Uploaded materials;
  • Regulatory breaches;
  • Workplace incidents;
  • Third-party reliance on your data.

12. AI AND AUTOMATED PROCESSING DISCLAIMER

12.1 The Platform may use artificial intelligence systems.

12.2 AI-generated outputs may contain errors.

12.3 Site Passport accepts no responsibility for AI-generated inaccuracies.

13. TERMINATION

13.1 Site Passport may suspend or terminate accounts at any time without notice.

13.2 Upon termination:

  • Access may be revoked;
  • Data may be deleted;
  • No refund is required.

14. NO FIDUCIARY RELATIONSHIP

Nothing in these Terms creates:

  • An agency relationship;
  • A fiduciary duty;
  • A partnership;
  • An employment relationship.

15. FORCE MAJEURE

Site Passport is not liable for delays or failures caused by events beyond its control.

16. PRIVACY

16.1 Use of the Platform is subject to our Privacy Policy.

16.2 Users are responsible for ensuring they have authority to upload personal information.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement.

18. SEVERABILITY

If any provision is unenforceable, the remainder remains valid.

19. GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

20. ACKNOWLEDGEMENT

By using the Platform, you acknowledge:

  • You assume all risk.
  • Site Passport has minimal liability.
  • Compliance responsibility remains with you.
  • Refunds are discretionary.
  • The Platform is a convenience tool only.