Terms of Service

These Terms of Service (these "Terms") govern access to and use of the website operated by Cornerstone SWMS (ABN 67 549 365 260), a business name registered with the Australian Securities and Investments Commission ("ASIC"). In these Terms, "Cornerstone SWMS," "we," "us," and "our" refer to the registered holder of that business name, and "you" and "your" refer to the person or entity accessing the Platform or holding an account.

1. Definitions and Interpretation

1.1 In these Terms, unless the context requires otherwise:

• (a) "Agreement" means these Terms, together with the Licence Agreement, the Disclaimer, and the Privacy Policy, each of which is incorporated by reference;
• (b) "Content" means any material submitted, uploaded, or entered by a User into the Platform, including profile information, business details, and company logos;
• (c) "Document" means any Safe Work Method Statement, Standard Operating Procedure, or other output generated through the Platform;
• (d) "PCBU" means a Person Conducting a Business or Undertaking, as defined under the Work Health and Safety Act;
• (e) "Platform" means the Cornerstone SWMS website, together with all associated services, features, and functionality made available through it;
• (f) "User," "you," and "your" mean any person who accesses the Platform, registers an account, or purchases a Document.

1.2 Headings are for convenience only and do not affect the interpretation of these Terms. A reference to a section is a reference to a section of these Terms unless stated otherwise.

2. Acceptance of Terms

2.1 By accessing or using the Platform, creating an account, or purchasing a Document, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not access or use the Platform, or purchase a Document.

2.2 This Agreement applies from the point at which you first access the Platform, create an account, or make a purchase, whichever occurs first.

3. About Us

3.1 Cornerstone SWMS (ABN 67 549 365 260) is a registered business name recorded with ASIC. You can reach us using the details set out in section 31 (Contact).

4. Eligibility and Business Use

4.1 The Platform is intended for businesses and professionals purchasing workplace safety Documents for use in Australian workplaces.

4.2 By registering an account, you confirm that:

• (a) you are authorised to act on behalf of the PCBU whose details you provide;
• (b) the information you submit is true, current, and accurate;
• (c) you are at least 18 years of age and have the legal capacity to enter into this Agreement.

5. Your Account

5.1 You can browse the Platform, view the document store, and contact us without registering an account. A registered account is required to purchase Documents and to access purchased Documents.

5.2 You can register using an email address and password, or via Google sign-in. Your account is linked to the email address provided at registration.

5.3 You're responsible for:

• (a) keeping your login credentials confidential;
• (b) all activity that occurs under your account;
• (c) keeping your account information, including your PCBU profile details, accurate and up to date;
• (d) letting us know promptly if you become aware of any unauthorised use of your account.

5.4 We may suspend or restrict access to an account where we reasonably believe it has been compromised or is being misused.

6. Acceptable Use

6.1 When using the Platform, you agree not to:

• (a) use it for an unlawful purpose or in a way that contravenes applicable Australian law;
• (b) attempt to gain unauthorised access to any part of the Platform, another User's account, or our systems;
• (c) interfere with or disrupt the Platform, including by introducing viruses, malware, or other harmful code;
• (d) resell, redistribute, or sub-licence a Document other than as permitted under the Licence Agreement;
• (e) scrape, copy, or harvest content from the Platform for a commercial purpose.

7. Purchases and Payment

7.1 Documents are sold as one-time purchases. Payment is processed by Stripe, a PCI-compliant third-party payment processor. Cornerstone SWMS does not collect or store your payment card information.

7.2 Prices are listed in Australian dollars. Cornerstone SWMS is not currently registered for GST, and GST is not charged on purchases. Prices may change from time to time, but a price change will not affect an order you've already paid for.

8. Document Bundles

8.1 The Platform may offer bundles combining a Safe Work Method Statement with related Standard Operating Procedures at a discounted price relative to individual purchase.

8.2 The Documents included in a bundle, and the applicable price, are as shown on the relevant product page at the time of purchase. Bundle composition and pricing may change from time to time; such a change won't affect a bundle you've already purchased.

8.3 Each Document within a purchased bundle is generated and delivered in accordance with section 10 (Document Generation and Delivery).

9. Free Samples

9.1 The Platform may make free sample Documents available for evaluation purposes. Samples may be watermarked or contain limited content, and are subject to the Licence Agreement and Disclaimer on the same basis as purchased Documents.

9.2 We may modify, restrict, or withdraw the availability of free samples at any time.

10. Document Generation and Delivery

10.1 Documents are generated on demand once payment is confirmed. Each Document moves through a processing cycle (pending, generating, completed) and isn't available for download until generation is complete. This typically takes under a minute, though larger Documents or bundles may take a little longer.

10.2 You can monitor generation status from the My Documents section of your account. If generation fails, a Retry option will be available at no additional cost. If it continues to fail after a few attempts, please contact us and we'll sort it out or provide a replacement.

10.3 Generated Documents remain available for download from My Documents for as long as your account stays active. If an account is inactive for an extended period, or is closed, access to previously generated Documents may no longer be available — so it's a good idea to keep your own copies of anything you've purchased.

11. Auto-Population of Documents

11.1 When you purchase a Document, it's automatically populated using the business and site information saved to your account profile — which may include your PCBU name, ABN, worksite address, project name, site address, principal contractor, prepared-by details, contact information, and company logo. The Document reflects your profile data as it stands at the time of generation.

11.2 You're responsible for the accuracy and completeness of the information in your profile. Cornerstone SWMS isn't responsible for errors in a generated Document that result from incorrect, incomplete, or outdated profile data. Please review each auto-populated Document for accuracy before use — profile details can be updated at any time via Account Settings.

12. Your Content

12.1 Where you submit Content to your profile, you confirm that:

• (a) you own the Content, or hold the rights and permissions needed to submit and use it;
• (b) the Content doesn't infringe the intellectual property, privacy, or other rights of a third party;
• (c) the Content isn't unlawful, defamatory, or misleading.

12.2 If your Content infringes the rights of a third party or breaches clause 12.1, you agree to cover any resulting loss, damage, or expense we incur as a result.

13. Document Licensing

13.1 Use of a purchased Document is governed by the Licence Agreement, which is incorporated into this Agreement by reference.

13.2 Documents are templates only, generated from standardised content and the information you provide. They aren't guaranteed to achieve legal or regulatory compliance and don't substitute for advice from a qualified workplace health and safety professional. You remain responsible for ensuring that your work practices, and any Document you use, meet your obligations under the Work Health and Safety Act (or, in Victoria and Western Australia, the equivalent occupational health and safety legislation applicable in that jurisdiction) and any associated regulations. As work health and safety legislation differs between states and territories, you should confirm that a Document is appropriate for the specific jurisdiction in which the work is being carried out. Further detail is set out in the Disclaimer.

14. Refunds

14.1 As Documents are digital goods generated automatically on purchase, refunds generally aren't available once a Document has been generated or downloaded, except as set out below. If a technical failure prevents delivery of your purchase, please contact us and we'll resolve the issue or provide a replacement.

14.2 Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law, or any other law, that can't lawfully be excluded, restricted, or modified. If a Document or service fails to meet a consumer guarantee under the Australian Consumer Law, you may be entitled to a repair, replacement, or refund depending on the nature of the failure, regardless of clause 14.1.

15. Intellectual Property

15.1 All content made available through the Platform — including Document templates, text, graphics, logos, and software — belongs to Cornerstone SWMS or its licensors and is protected under Australian and international law. Nothing in this Agreement transfers ownership of any intellectual property to you.

16. Privacy

16.1 We handle personal information in accordance with our Privacy Policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth). By using the Platform, you consent to the collection, use, and disclosure of your information as described in that policy.

17. Disclaimers and Limitation of Liability

17.1 The Platform and all Documents are provided on an "as is" basis. To the extent permitted by law, Cornerstone SWMS isn't liable for loss or damage arising from the use of, or reliance on, a Document purchased through the Platform. Where permitted by law, our liability is limited to resupply of the Document or a refund of the purchase price. Further detail is set out in the Disclaimer.

17.2 Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law, or any other law, that can't lawfully be excluded, restricted, or modified. Where permitted by law, our liability for a failure to meet a consumer guarantee is limited, at our option, to resupply of the relevant Document or service, or the cost of resupply.

18. Third-Party Services and Availability

18.1 The Platform relies on third-party services for hosting, payment processing (Stripe), and authentication (Google sign-in). Cornerstone SWMS doesn't guarantee that the Platform will be uninterrupted, error-free, or available at all times, and isn't responsible for disruption, delay, or unavailability caused by a third-party provider or other circumstances outside our reasonable control.

18.2 We may need to temporarily suspend access to the Platform for maintenance, updates, or other operational reasons.

19. Force Majeure

19.1 We won't be liable for any delay or failure to meet an obligation under this Agreement to the extent it results from an event beyond our reasonable control — for example, a natural disaster, government action, industrial action, or a failure of an internet, telecommunications, or third-party service.

20. Indemnity

20.1 You agree to cover any loss, damage, or expense we incur arising from misuse of the Platform, a breach of this Agreement, or use of a purchased Document without appropriate review and customisation.

20.2 This doesn't apply to the extent the loss, damage, or expense was caused by our negligence, wilful misconduct, or breach of this Agreement, and doesn't exclude, restrict, or modify any consumer guarantee under the Australian Consumer Law that can't lawfully be excluded, restricted, or modified.

21. Termination

21.1 You can stop using the Platform and close your account at any time by contacting us.

21.2 We may suspend or terminate access to the Platform or your account where we reasonably believe this Agreement has been breached, the Platform has been misused, or there's been unlawful conduct.

21.3 Once your account is terminated, your access to the Platform and the My Documents section ends. Termination doesn't affect a Document you've already downloaded, and doesn't entitle you to a refund for a Document already generated, except as set out in section 14 (Refunds) or under the Australian Consumer Law.

22. Notices

22.1 We may give notice to you by email to the address on your account, or by posting a notice on the Platform. A notice sent by email is taken to be received on the day it's sent, unless we receive a delivery failure notification.

22.2 You can give notice to us using the contact details in section 31.

23. Changes to These Terms

23.1 We may update this Agreement from time to time. Updates will be posted on this page with a new revision date. Where a change is material, we'll also take reasonable steps to let registered Users know, including by email. Continuing to use the Platform after an update is posted means you accept the updated Agreement.

24. Governing Law

24.1 This Agreement is governed by the laws of Queensland, Australia. Subject to any right you may have under the Australian Consumer Law to bring proceedings elsewhere, each party submits to the non-exclusive jurisdiction of the courts of Queensland.

25. Severability

25.1 If a provision of this Agreement is found by a court or tribunal to be invalid, illegal, or unenforceable, that provision will be treated as removed, and the rest of the Agreement will continue to apply.

26. Entire Agreement

26.1 This Agreement is the entire agreement between you and Cornerstone SWMS about your use of the Platform, and replaces any prior agreements or understandings on that subject, whether written or oral.

27. Assignment

27.1 We may transfer our rights and obligations under this Agreement, including in connection with the sale, merger, or restructure of our business.

27.2 You may not transfer your rights or obligations under this Agreement without our prior written consent.

28. Waiver

28.1 If either party doesn't act on a breach of this Agreement straight away, that doesn't mean the right to act on it later is given up. A waiver is only effective if given in writing.

29. Survival

29.1 Sections that are naturally intended to outlast the end of this Agreement — including Intellectual Property, Your Content, Disclaimers and Limitation of Liability, Indemnity, and Governing Law — continue to apply after your account is terminated or you stop using the Platform.

30. Complaints and Dispute Resolution

30.1 If you have a complaint about the Platform or a Document you've purchased, please contact us in the first instance using the details in section 31. We'll aim to resolve it promptly.

30.2 If you're not satisfied with our response, you may be able to raise your complaint with the Australian Competition and Consumer Commission or the relevant consumer affairs body in your state or territory.

31. Contact

31.1 Questions about this Agreement can be directed to Cornerstone SWMS at cornerstoneswms@gmail.com or via our contact page.