Terms of Service

Who these terms are with

SiteWarden is provided by HRSG Group Pty Ltd (ABN 55 653 992 495), an Australian company. In these terms, "we", "us" and "our" mean HRSG Group Pty Ltd, and "you" means the person or business using SiteWarden.

By using this website, downloading our templates, or using the SiteWarden product, you agree to these terms. If you are agreeing on behalf of a company, you confirm you are authorised to do so.

What SiteWarden is

SiteWarden is software for keeping a tool register and recording test-and-tag results, intended for trade and construction businesses in Australia and New Zealand. We also publish free guides and downloadable register templates.

What SiteWarden is not

This matters more than anything else on this page, so we will be direct about it.

SiteWarden is a record-keeping tool. It is not a compliance guarantee, and it is not legal or safety advice. Our guides explain our understanding of AS/NZS 3760 and the WHS Regulations in plain English, but they are general information only. They are not a substitute for the standard itself, for professional advice, or for your own judgement about your workplace.

Using SiteWarden does not make you compliant. Compliance depends on the testing actually being carried out correctly by a competent person, at the right intervals, and on the records being accurate. Those are your responsibility, not ours.

We do not carry out testing, we do not certify equipment, and we do not verify that the information you enter is true or complete.

Your responsibilities

You agree to:

• provide accurate information and keep your register up to date;
• ensure testing is performed by a competent person in accordance with the applicable standard;
• keep your account credentials secure and not share them;
• have the authority to enter any personal information about your workers that you put into a register, and to tell them how it will be used;
• not use SiteWarden unlawfully, or attempt to disrupt, reverse engineer or gain unauthorised access to it.

Your data

The data you enter into SiteWarden remains yours. We do not claim ownership of it and we do not sell it.

You grant us the limited right to store and process that data in order to provide the service. You can export your data at any time. How we handle personal information is set out in our Privacy Policy, which forms part of these terms.

You are responsible for keeping your own copies of anything you need to retain for legal or compliance reasons. We take reasonable steps to keep backups, but you should not rely on us as your sole record.

Templates and guides

Our free register templates and resource guides are provided for your use, including commercially, within your own business. You may not resell them or redistribute them as your own product.

They are provided as-is. You are responsible for checking that a template suits your circumstances and obligations.

Availability

We aim to keep SiteWarden available and working, but we do not guarantee uninterrupted access. We may need to suspend the service for maintenance, and we may change or discontinue features. Where a change materially reduces the service, we will give account holders reasonable notice.

Fees

Where SiteWarden is provided on a paid basis, the fees, billing period and inclusions are those agreed with you in writing at sign-up. Fees are in Australian dollars and, where applicable, include GST. We will give reasonable notice before changing fees for an existing account.

Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Where our liability can be limited, and to the extent permitted by law, our liability is limited (at our option) to resupplying the service or paying the cost of having it resupplied.

Liability

Subject to the section above, and to the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of data, or any penalty, fine or liability arising from a failure to comply with a workplace safety obligation.

Our total liability in connection with SiteWarden is limited to the amount you paid us in the twelve months before the claim arose.

Ending your use

You can stop using SiteWarden at any time. Export your data first, as we may delete it after your account closes — see the Privacy Policy for retention periods.

We may suspend or end your access if you breach these terms, or where required by law. We will give notice where it is reasonable to do so.

Changes to these terms

We may update these terms. The version on this page is the current one, and the date at the top shows when it last changed. If a change materially affects your rights, we will take reasonable steps to notify account holders. Continuing to use SiteWarden after a change means you accept the updated terms.

Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

Contact

Questions about these terms: support@sitewarden.com.au