Terms & Conditions

These Terms & Conditions (Terms) govern access to and use of the websites, software, integrations and related services provided by Worksauce Pty Ltd (Worksauce, we, us or our).

• Legal entity: Worksauce Pty Ltd
• ABN: 70 691 252 034
• Address: Suite 403, Tower 2, 55 Plaza Parade, Maroochydore, Queensland
• Email: tech@worksauce.com.au

By creating an account, signing an order form, accepting these Terms, or using the Service, you agree to these Terms. If you act for an organisation, you confirm that you have authority to bind it. An accepted order form or separately signed agreement prevails to the extent of any inconsistency with these Terms.

Worksauce provides wage-compliance and operational-optimisation software that connects customer technology stacks. The Service may connect, analyse, organise, display or transmit data from time and attendance systems, accounting software, booking systems, point-of-sale systems and other integrations authorised by you.

The Service is a business support tool, not legal, accounting, payroll, taxation, employment or other professional advice. Outputs depend on Customer Data, configuration and third-party data. You remain responsible for reviewing outputs, making business and employment decisions, meeting your legal obligations and obtaining professional advice where appropriate.

Any implementation, configuration, training or other professional services will be described in an order form or other written agreement. Unless expressly agreed there, those services do not include regulated professional advice or a guarantee of any compliance outcome.

You must be at least 18 and legally able to enter a binding agreement to create an account or accept these Terms.

You must provide accurate information, keep it current, protect credentials, restrict access to authorised users, promptly report suspected unauthorised access, and ensure your users comply with these Terms. You are responsible for account activity except to the extent caused by Worksauce’s breach, negligence or failure to take reasonable security measures.

You are responsible for deciding whether the Service is suitable; configuring it appropriately; checking outputs; maintaining accurate source data and appropriate backups; complying with workplace, employment, privacy, surveillance, recordkeeping, taxation and other laws; and obtaining all notices, consents and permissions needed to provide Customer Data.

You must not represent that the Service alone guarantees compliance with an award, enterprise agreement, employment contract or law.

You retain your rights in data, content and materials that you or your users submit to, store in or make available through the Service (Customer Data). You grant Worksauce a non-exclusive, worldwide licence during the term to host, copy, process, transmit and display Customer Data as reasonably necessary to provide, secure, maintain, improve and support the Service, address technical or security problems, and comply with law. You warrant that you have the authority required for this processing.

Worksauce may create and use statistics and insights derived from use of the Service and Customer Data only where they have been aggregated and de-identified so that they do not identify you, your users or any individual. Worksauce may use that aggregated, de-identified data to operate, secure, analyse and improve the Service and to produce benchmarking or industry insights, and will not attempt to re-identify it.

If you enable an integration, you authorise Worksauce and that provider to exchange Customer Data as needed to operate it. You are responsible for selecting integrations, maintaining third-party accounts and permissions, reviewing provider terms and privacy practices, and ensuring transfers are lawful.

Third-party services are controlled by their providers, and their availability or operation may change without our control. We may suspend or discontinue an integration if access changes or continued operation creates a legal, security or technical risk. To the extent permitted by law, Worksauce is not responsible for a third-party service itself, without limiting responsibility for our own acts and omissions.

Fees, subscription periods, usage allowances and included features are set out in the applicable pricing page, order form, proposal or written agreement. Fees are in Australian dollars and exclude GST unless stated otherwise. You must provide a valid payment method and pay invoices by their due date. We may charge applicable GST and recover reasonable costs of collecting overdue undisputed amounts.

Unless an order form says otherwise, a subscription renews automatically for successive periods equal to its initial subscription period. Either party may prevent renewal by giving written notice at least 30 days before the current period ends. We will provide any renewal or price-change notice required by law. A price change applies from the next renewal and will be notified reasonably in advance.

You may cancel at any time by contacting us, but cancellation ordinarily takes effect at the end of the then-current paid subscription period and does not entitle you to a refund or credit for unused time. If you are on a free trial, you may cancel before it ends to avoid a paid subscription; trial duration and any conversion terms will be disclosed when you sign up. Downgrades take effect at renewal unless we agree otherwise and may reduce features, limits or storage.

If an undisputed payment is overdue, we may suspend the affected Service after giving reasonable notice and an opportunity to pay. We will restore access promptly after payment. Refunds are provided where required by law, where an order form expressly provides for one, or where we agree in writing. Nothing in this section excludes any non-excludable right or remedy under the Australian Consumer Law.

Worksauce and its licensors own the Service, including its software, interfaces, designs, documentation, branding, workflows, configurations, improvements and underlying technology. Subject to payment and compliance with these Terms, Worksauce grants you a limited, non-exclusive, non-transferable and non-sublicensable right during the subscription to allow your employees and contractors who need access for your business to use the Service for your internal business purposes. You remain responsible for those users.

You must not remove proprietary notices, copy or modify the Service, create derivative works from it, make it available to third parties other than authorised users, or reverse engineer it except to the extent such a restriction is prohibited by law.

You retain ownership of Customer Data. Unless an order form expressly assigns ownership to you, Worksauce owns any configurations, templates, connectors, scripts, reports or other deliverables developed while providing implementation or custom services, including all improvements and reusable know-how. Once the applicable fees are paid, your Service licence includes a right to use those deliverables as part of the Service during your subscription. Worksauce will not incorporate your Confidential Information into materials supplied to other customers.

If you provide suggestions or feedback, you grant Worksauce a perpetual, worldwide, royalty-free right to use it without restriction or compensation, provided this does not transfer ownership of Customer Data or identify you publicly without permission.

You must not use the Service unlawfully; infringe rights; upload malicious code; compromise security or performance; gain unauthorised access; circumvent restrictions; unlawfully monitor, harass or discriminate; submit unauthorised data; reverse engineer except where law permits; scrape, copy, resell or exploit the Service without permission; perform unauthorised vulnerability testing; misrepresent outputs; or facilitate unlawful underpayment.

We may investigate suspected misuse and take proportionate action. Where practicable, we will give notice and an opportunity to remedy it.

We use reasonable care and skill to provide the Service and aim to keep it reliable, but do not promise uninterrupted or error-free operation unless a written service-level agreement says otherwise. Planned maintenance, upgrades, outages, security events, third-party failures and circumstances outside our reasonable control may interrupt access.

Support requests may be sent to tech@worksauce.com.au. We will use reasonable efforts to respond and resolve issues according to their impact, but no particular response or resolution time applies unless agreed in writing.

We may update, replace or discontinue features to maintain or improve the Service or respond to legal, security, technical or third-party changes. Where practicable, we will give reasonable advance notice before materially reducing core paid functionality during a current subscription period and will offer a reasonable workaround or pro-rata refund for the materially affected prepaid period if no reasonable alternative is available.

Confidential Information is non-public information identified as confidential or reasonably understood to be confidential, including Customer Data, security information, business records, pricing and non-public product information. A receiving party must use it only to perform or receive the Service, protect it using at least reasonable care, and disclose it only to personnel, contractors and advisers who need it and are bound by confidentiality obligations.

These duties do not cover information that is lawfully public, was already known without restriction, is lawfully received from another source, or is independently developed. Disclosure required by law is permitted; where lawful and practicable, the receiving party will give advance notice and reasonable assistance to limit the disclosure.

Our handling of personal information is described in our Privacy Policy. Each party must comply with applicable privacy laws and reasonably assist the other with relevant privacy requests or regulatory obligations arising from the Service.

Worksauce will maintain reasonable administrative, technical and organisational safeguards appropriate to the nature of Customer Data and the risks of unauthorised access, loss, alteration or disclosure. If Worksauce confirms a security incident affecting Customer Data, it will notify you without undue delay where required by law or where the incident is reasonably likely to materially affect you, provide available relevant information, and take reasonable steps to contain and remediate it.

To the extent permitted by law, the Service is provided “as available”. Worksauce does not guarantee uninterrupted operation, compatibility with every third-party system, complete or current third-party data, identification of every wage or operational issue, or that use alone satisfies your legal obligations.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where the Australian Consumer Law permits Worksauce to limit a remedy for failure to comply with a guarantee relating to services, Worksauce’s liability is limited, at its option, to supplying the services again or paying the cost of having them supplied again. This limitation does not apply where it would be unfair, unreasonable or otherwise unlawful.

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill or business opportunity, whether arising in contract, tort (including negligence), statute or otherwise, except to the extent such loss cannot lawfully be excluded.

Subject to the carve-outs below, each party’s total aggregate liability arising out of or in connection with the Service and these Terms is limited to the fees paid or payable by you for the Service in the 12 months immediately before the first event giving rise to the liability. If the relevant Service was free, the aggregate cap is AUD $1,000.

The exclusions and cap do not apply to your payment obligations; either party’s fraud, wilful misconduct or liability that cannot lawfully be limited; your infringement or misuse of Worksauce’s intellectual property; a party’s breach of confidentiality; or liability under the indemnity below. Liability is reduced to the extent that the other party’s acts or omissions caused or contributed to the loss. Each party must take reasonable steps to mitigate its loss.

You indemnify Worksauce and its personnel against third-party claims, losses and reasonable costs arising from Customer Data that infringes another person’s rights, your unlawful collection or disclosure of Customer Data, or your material breach of the acceptable-use obligations. The indemnity is reduced to the extent caused by Worksauce’s breach, negligence, wilful misconduct or unlawful conduct. Worksauce must promptly notify you of a claim, allow you reasonable control of its defence and settlement, and provide reasonable cooperation at your cost; you may not settle a claim in a way that admits fault by or imposes non-monetary obligations on Worksauce without its written consent.

We may proportionately suspend access to address a credible security threat, prohibited use, overdue undisputed payment after reasonable notice, a legal requirement or a material risk of harm to the Service or another person. Where practicable, we will notify you, limit the suspension to what is necessary and restore access promptly when the issue is resolved.

Either party may terminate an affected order or these Terms by written notice if the other party materially breaches them and does not remedy the breach within 30 days after receiving written notice describing it. A party may terminate immediately if the breach cannot be remedied. Subject to applicable insolvency laws, either party may also terminate if the other enters liquidation, has an administrator or receiver appointed, ceases business, or is unable to pay its debts when due. Any right to end a subscription for convenience is governed by the cancellation terms above or the applicable order form.

On termination or expiry, your right to use the Service ends and outstanding fees accrued up to the effective date become payable. Termination does not create a refund right except as stated in these Terms, an order form or applicable law. On written request made before termination or within 30 days afterwards, Worksauce will provide a reasonable opportunity to export Customer Data in a commonly used format, subject to technical feasibility and payment of undisputed fees. After that period, Worksauce may securely delete Customer Data, except for copies retained in routine backups for a limited period or as required by law.

Accrued rights and provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnity, dispute resolution and any terms intended by their nature to survive will continue after termination.

These Terms are governed by the laws of Queensland, Australia. Subject to mandatory rights, the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and competent Commonwealth appeal courts.

Before starting court proceedings, a party must give written notice describing the dispute and the outcome sought. A representative of each party with authority to resolve the dispute must then meet or confer in good faith. If the dispute is not resolved within 30 days after the notice, either party may refer it to mediation administered by the Resolution Institute under its applicable mediation rules. The parties will share the mediator’s fees equally and otherwise bear their own costs.

Nothing in this section prevents a party from seeking urgent interlocutory or injunctive relief, taking action to recover an undisputed debt, or exercising a right that cannot lawfully be restricted.

We may update these Terms to reflect changes to the Service, law, security or business practices. We will give existing customers reasonable advance notice of a material change. Changes will not apply retrospectively unless required by law or agreed. If a material change is materially detrimental to you, you may cancel the affected subscription before it takes effect and receive a pro-rata refund of prepaid fees for the unused period.

These Terms, accepted order forms and any separately signed agreement form the entire agreement about the Service and replace prior discussions or representations about their subject matter, except for rights arising from fraud or a representation that cannot lawfully be excluded. A signed agreement prevails over an order form, and an order form prevails over these Terms, to the extent of inconsistency.

If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary or severed without affecting the remainder. A delay or failure to exercise a right is not a waiver. Neither party may assign the agreement without the other’s prior written consent, not to be unreasonably withheld, except that Worksauce may assign it as part of a bona fide corporate restructure, merger or sale of substantially all of its relevant business on written notice.

Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations. Notices must be in writing and sent to the contact details in the applicable order form or, for notices to Worksauce, to tech@worksauce.com.au. Email notices are taken to be received on the next business day unless the sender receives a delivery failure notice. The parties are independent contractors; these Terms do not create a partnership, agency, fiduciary or employment relationship.

Worksauce Pty Ltd
ABN: 70 691 252 034
Address: Suite 403, Tower 2, 55 Plaza Parade, Maroochydore, Queensland
Email: tech@worksauce.com.au