Terms of Use
1. This agreement
These terms are a contract between you and Assureworx Labs Pty Ltd (ACN 699 745 876, ABN 71 699 745 876). We are an Australian company registered in New South Wales. In these terms, "we" and "us" mean that company.
By creating an account, accepting an invitation, or using Assureworx, you agree to these terms and to our Privacy Statement. If you do this for a business, you confirm that you are allowed to bind that business.
Contact: info@assureworx.com.au
2. The service
Assureworx is a work-compliance record for Australian construction and trades. It lets a principal contractor, a trade business, a sole trader with an ABN, and an invited worker keep a profile, work documents, job and site information, the result of an identity check, site attendance, inductions, site reports, and a digital pass.
A status in the service is the result of the information and checks we hold at that time. It is not a live gate. It is not a government clearance. It is not a statement that a person is competent, insured for a particular job, or allowed to do particular work.
We do not employ your workers. We do not supervise your sites. The business that controls the site decides who may enter and what work they may do.
3. Accounts, and the phone apps
You get an account on the Assureworx website. A business can also create the account and invite you. You must be at least 18.
The iPhone app and the Android app are free. They are for a person who already has an account. They are another way to use that account. They do not open a new paying account. They do not show prices. They do not take payment. They do not offer a subscription, a credit, or a link to a checkout. Anything that costs money is offered and paid for on the website, under these terms.
The phone apps are a byproduct of the Assureworx service a business already uses. They are not a separate product, and they are not where the account is opened or changed. Changes to the account, including your email, your password, and your business details, are made at app.assureworx.com.au.
Sign-in is provided by Microsoft. You must keep your password confidential, and you must follow Microsoft's terms for that sign-in step. You are responsible for activity on your account until you tell us that someone else is using it.
Give us accurate details, and keep them accurate.
4. Who uses it
Depending on the account, you may be:
- a principal contractor, or a person working for one
- a trade business, or a person administering one
- a sole trader with an ABN
- a worker invited by a business
A business that invites workers, and uses Assureworx for its jobs or its workforce, remains responsible for its own privacy duties, its workplace decisions, and its site decisions. We provide the record. We do not take those decisions for you.
Before inviting someone or uploading their documents, the business must have authority to supply and share that information for the stated purpose, give the person the relevant privacy notice, and obtain any consent the law requires. This includes sharing with the principal contractors entitled to the job. An invitation does not establish consent to unrelated marketing. Our own privacy duties continue to apply.
5. Acceptable use
You must not:
- harass, threaten, or abuse another person through the service
- upload anything unlawful, or anything you have no right to share
- pretend to be someone else, or forge a pass, a document, or a status
- break into the service, probe it, or interfere with another account
- use the service to send spam, or to scrape personal information
- copy or break apart our software, except where Australian law allows it
We may remove material, and we may suspend or close an account, when this section is broken. A site report is visible to the businesses entitled to that job. You are responsible for what you write and what you photograph.
6. What you must do
You must:
- upload only documents and information you are allowed to share
- keep your profile, ABN, contact details and documents reasonably current
- tell us through the service within 14 days if a document used for an identity check or a compliance record is replaced, renewed, cancelled, or is no longer valid
- not use the service to break the law, or to mislead someone about a person's status
Remove tax file numbers, bank details, and unrelated personal information before you upload a document. Do not put medical details or photos of identity documents in a site report or a support message.
7. Identity checks
An identity check is done by Didit. We ask you to agree to that check separately, in the service. Accepting these terms is not that agreement.
We do not keep the identity-document image, the face photo, or a stored copy of your face data. A decision from the identity checker can include a document number, a date of birth, and links to images as it arrives. We do not keep those. We keep the result, the confidence scores described in the Privacy Statement, and the limited details in the words shown when you agree.
You can withdraw that agreement in the service. If you do, we delete the identity-check result we hold, including the copy kept to apply a late message from the identity checker. Your profile may then be incomplete for a business that asked for the check.
8. Documents, sharing and ABN checks
A document you upload may be read automatically so we can take details such as a name, a number, and an expiry date. That reading, when it is not done on our own systems, is done by Microsoft in Australia. An ABN is checked against the Australian Business Register when it is added. Once a day, ABNs on the service are compared with the public list of cancelled ABNs. A match is marked cancelled. The business, a principal contractor it is connected to, and Assureworx can see that flag. An ABN is not marked expired because of how old the check is.
A successful read, or a successful register lookup, is not a promise that the issuer still treats the document as valid.
You choose who a document is shared with. A share with a principal contractor inside the service follows the current version of the document and can be stopped at any time. A secure link is for the one email address you name. It opens only for that address with a code we email to it, it expires on the date you choose, and every page it serves is stamped with the recipient's email. We log who opened it and show you that log. Where you allow downloads, a copy someone downloads is outside the service and outside our control. Do not use a secure link to send a document to someone who is not entitled to see it.
9. Passes, attendance and reports
A digital pass shows selected profile details on your phone. Do not forge a pass, share one so that it misrepresents someone, or alter one.
Sign on needs a fresh, precise location reading that confirms you are at the site. If you do not share location, you cannot sign on. You can sign off without sharing location. That sign-off is recorded with location unconfirmed. We do not track your location in the background.
A site report is the note and the photos the person adds. The businesses entitled to that job can see it. You are responsible for what you write and what you photograph.
10. Fees
Some things on the website are paid. Today that is a subscription. A trade business pays a business fee, and a fee for each further team member, monthly or yearly. A person can also pay for their own subscription. The price, the billing period, and whether GST is included, added, or not charged are shown before you pay. Prices are in Australian dollars. We are registered for GST, and the invoice we email states the GST position for that charge.
Card details are entered into fields provided by Stripe, or through Apple Pay or Google Pay, and go straight to Stripe. We do not receive or store card numbers. Stripe keeps the payment method you save for renewals. Stripe's terms apply to that payment step.
You are paying for access to the service for the period, and for the checks and records that go with it. You are not paying for a promise that a builder will let a person onto a site, or that a regulator will accept a document.
A fee already paid is not refunded, except where the Australian Consumer Law requires a refund, where section 13 says so, or where we agree in writing.
The iPhone app and the Android app do not show a price and do not take a payment. We will not turn those apps into a checkout by changing these terms. A fee, if there is one, is charged on the website under the terms in force when you pay.
Subscriptions and payment entitlement
Where you choose a subscription, the checkout shows the billing period, amount payable today, any offer period, next payment date and automatic renewal amount before you agree. Your saved payment method is charged when a renewal falls due. Additional paid team members can change future charges; the applicable amount is shown before you confirm them. You can cancel future renewals from the website's subscription or billing page. The cancellation confirmation shows when paid access ends.
If a renewal payment fails, we retry your saved payment method over the following seven days. If it still fails, the subscription ends and paid access stops. Updating your card on the website retries the payment straight away.
If you remove a team member, their place stays until the day already paid for. That part is not refunded. If someone you invite never registers, remove them from Team. We won't charge for that place from your next billing date. Fees already paid aren't refunded, except where the Australian Consumer Law requires.
If we change a price, the new price applies from your next renewal after we tell you. It never applies to a period you have already paid for.
Payment entitlement is separate from the outcome of an identity check. A refund, ended subscription or ended sponsored cover can remove funded verification or access and change the overall Verified status without changing the underlying identity-check outcome. A person does not fail an identity check merely because payment cover ends. Site admission remains the site's decision. Nothing here limits a refund or remedy required by law.
11. Intellectual property
The name Assureworx, the logo, the software, and the arrangement of the service belong to us or our licensors. Using the service does not give you any right in them, other than the right to use the service under these terms.
You keep ownership of the documents, photos, and text you upload. You give us permission to store them, to show them to the people and businesses the service is supposed to show them to, and to send them to the providers named in the Privacy Statement, for as long as we hold them under that statement. The permission is only so we can run the service, keep it secure, and meet legal duties. It is not permission to sell your material, or to use it to train a model.
Do not copy our software, except where the Copyright Act 1968 (Cth) allows it.
Address data attribution
Incorporates or developed using G-NAF © Geoscape Australia licensed by the Commonwealth of Australia under the Open Geo-coded National Address File (G-NAF) End User Licence Agreement.
12. Confidential information
Each of us must keep the other's confidential information private, and use it only for this service. A business's jobs, sites, and workforce information is that business's confidential information, subject to each person's own rights in their personal information.
We may use counts and totals that do not identify a person or a business, so we can understand how the service is used. We do not sell personal information.
13. Stopping the service
We may suspend or close access if you break these terms, if you create a risk to the service or to other people, if a fee that is due is not paid, or if we have to for a legal or security reason.
If we stop providing the service, or close your account for a reason other than the ones above, we will tell you and refund the unused part of any period you have paid for in advance.
You may stop using the service at any time. You can close an individual account in each of these places:
- the iPhone app or the Android app: Account, then Close your account
- the website, signed in: Settings, then Erase my personal details, or the address app.assureworx.com.au/account/delete
- by email to info@assureworx.com.au if you cannot sign in
A business account is closed by writing to us. Cancel any subscription first, or tell us to.
Closing the account stops sign-in immediately. We remove the profile from Assureworx, we remove the Microsoft sign-in, we ask Didit to delete the identity-check session, and we ask Stripe to delete the payer record if one exists. Phone alert tokens are removed. We email a confirmation to the address on the account when that request is finished. What we still keep, and for how long, is set out in the Privacy Statement. A business that had you on its team still sees a label that you withdrew your information.
14. Australian Consumer Law and liability
The Australian Consumer Law gives you guarantees that cannot be excluded. Nothing in these terms takes those guarantees away, or any other right the law does not allow us to exclude.
Where the law allows us to limit a remedy, and the service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a guarantee that cannot be excluded is limited, at our option, to supplying the service again or paying the cost of having the service supplied again.
Apart from those guarantees, and apart from liability for fraud or for personal injury or death caused by our negligence, we are not liable for loss of profit, loss of a contract, or a decision by you or anyone else about who may enter a site or who may be hired.
Where the law allows a cap, our total liability to you arising out of the service in any 12-month period is limited to the fees you paid us for the service in that period. If you paid us nothing in that period, the cap is AUD 100.
The service will not be free of interruptions or errors. A status can be incomplete if a document is missing, expired, or not yet checked.
15. If you cause us loss
You agree to pay us for loss we reasonably incur because you uploaded material you had no right to share, or because you used the service to break the law. This does not apply to the extent the loss was caused by our negligence, our fraud, or our breach of these terms.
16. Changes to these terms
We may change these terms. If the change is material, we will give you at least 14 days' notice by email or in the service, where we reasonably can. If you do not agree, stop using the service before the new terms start. If you have paid for a period in advance and the change makes the service materially worse for you, you can end the subscription and we will refund the unused part of that period.
17. General
- These terms are governed by the laws of New South Wales, Australia.
- The courts of New South Wales have jurisdiction. That jurisdiction is not exclusive, so a right you have to go to another court or tribunal is not taken away.
- If a term cannot be enforced, the rest still apply.
- A delay in enforcing a term is not a waiver of it.
- These terms and the Privacy Statement are the whole agreement for use of the service, unless we sign a separate written agreement with you that says it prevails.
- We may assign these terms if we restructure or sell the business. You may not assign them without our written consent.
Related: Privacy Statement