Last Updated: 30 September 2024
Welcome to SWMS Generator, operated by Bookmint Pty Ltd ("we," "us," or "our"). These Terms and Conditions govern your use of our web application for Safe Work Method Statements (SWMS) for high-risk construction activities. By accessing or using our Website, you agree to be bound by these Terms and Conditions.
1. Definitions
- User: Any individual or business entity accessing or using the SWMS Generator website.
- SWMS: Safe Work Method Statements provided by the SWMS Generator to document potential hazards and risks associated with high-risk construction activities and outline control measures.
- Credits: Units purchased by the User that can be exchanged for SWMS through the platform.
- High-risk construction activities: Activities defined under applicable workplace health and safety laws that carry inherent hazards and risks requiring special controls and documentation through SWMS.
2. Acceptance of Terms
By continuing to use our Website, you acknowledge and agree to be bound by these Terms and Conditions. You accept these Terms each time you access or use our service. If you disagree with any part of the Terms, your sole remedy is to discontinue using the Website and its services.
3. User Responsibilities
Users of the SWMS Generator must adhere to the following responsibilities:
- Providing Accurate Information: Users must provide accurate, current, and complete information when creating an account and using the service.
- Maintaining Account Security: Users are responsible for maintaining the confidentiality of their account credentials and are solely responsible for any activity that occurs under their account.
- Compliance with Laws: Users must comply with all relevant local, state, and federal laws when using SWMS for their work activities.
- No Misuse of Service: Users agree not to misuse the service by uploading inappropriate content, distributing unauthorized SWMS, or using the service for unlawful activities.
4. Safe Work Method Statements (SWMS)
- Purpose and Importance: SWMS are vital tools for managing risks associated with high-risk construction activities. The SWMS provided by the SWMS Generator are intended to be templates that outline hazards, risks, and control measures.
- User Responsibility: Users must review, customize, and ensure that each SWMS is appropriate for their specific work situation.
- Final Responsibility: By using SWMS generated through our service, Users accept full responsibility for ensuring that each SWMS is implemented appropriately, and that it complies with workplace safety standards and legal requirements.
5. Liability Disclaimer
Bookmint Pty Ltd, its directors, shareholders, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages resulting from your use of the Website or the SWMS provided. Users acknowledge and agree that they bear full responsibility for the implementation and use of any SWMS obtained through our service.
6. Payment and Credit System
- Basic Plan: $9 for 1 credit.
- Pro Plan: $59 for 10 credits.
- Enterprise Plan: $199 for 50 credits.
- Credits Usage: Credits are used to generate SWMS through the platform. Each SWMS generation deducts one credit from the User’s account.
- Credits Do Not Expire: Credits purchased do not have an expiration date and will remain available until used.
- Non-Refundable Credits: All credit purchases are final. Credits cannot be refunded once purchased, even if they remain unused.
7. Intellectual Property Rights
All content available on the SWMS Generator website, including but not limited to text, SWMS templates, logos, graphics, software, and other materials, is the property of Bookmint Pty Ltd and is protected by copyright, trademark, and other intellectual property laws.
8. Termination of Service
We reserve the right to terminate or suspend your access to the SWMS Generator service without notice if you violate these Terms and Conditions or engage in activities that may harm the platform or its users.
9. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Australia. Any disputes arising out of or related to the use of the SWMS Generator website or these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
10. Changes to Terms and Conditions
Bookmint Pty Ltd reserves the right to modify these Terms and Conditions at any time. We will notify users of any changes by updating the “Last Updated” date at the top of this document or through email notifications. Continued use of the Website following any updates to these Terms constitutes acceptance of the modified Terms.
11. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at support.
