Terms and Conditions
Effective date: 14 July 2026 Last updated: 15 July 2026
These Terms and Conditions ("Terms") govern your access to and use of Sitepack, a software service provided by WPC Consulting Pty Ltd (ABN 66 644 159 053) ("we", "us", "our", or "Sitepack"), trading as Sitepack, based in Queensland, Australia.
By creating an account, accessing the platform at sitepack.com.au, app.sitepack.com.au, or using any related mobile or messaging interface, you agree to these Terms. If you do not agree, do not use Sitepack.
1. About these Terms
1.1 Sitepack is a software-as-a-service platform for the Australian construction industry. It provides tools for Safe Work Method Statements ("SWMS"), Take 5 pre-task hazard assessments, toolbox talks, incident and near-miss reporting, and related site safety documentation.
1.2 These Terms form a binding agreement between you and WPC Consulting Pty Ltd.
1.3 We may update these Terms from time to time. Material changes will be notified via email or in-app notice at least 14 days before they take effect. Continued use of Sitepack after that date constitutes acceptance of the updated Terms.
2. Who the customer is
2.1 The "Customer" under these Terms is:
(a) the individual who creates the account, if that person is signing up on their own behalf (for example, a sole trader); or
(b) the company, partnership, trust, or other legal entity on whose behalf the account is created, if the person creating the account indicates during sign-up that they are acting for an entity.
2.2 If you sign up on behalf of a company or other entity, you warrant that you have authority to bind that entity to these Terms, and references to "you" include both you and that entity.
2.3 You must be at least 18 years old to create an account.
3. Your account
3.1 You are responsible for:
(a) providing accurate, current, and complete information during sign-up;
(b) keeping your account credentials secure and confidential;
(c) all activity that occurs under your account, including activity by workers, subcontractors, or crew members you invite; and
(d) notifying us promptly if you become aware of unauthorised access to your account.
3.2 You may not share your account with anyone outside your business, transfer your account to a third party, or create an account using another person's identity.
3.3 We may suspend or terminate accounts that we reasonably believe are being misused, shared beyond the entity that pays for them, or used in breach of these Terms.
4. Subscription, fees, and payment
4.1 Sitepack is offered on a paid subscription basis. Current pricing is available at sitepack.com.au and within the app. Prices are stated in Australian dollars and are inclusive of GST unless stated otherwise.
4.2 Subscriptions renew automatically at the end of each billing cycle (monthly or annual, depending on the plan you choose) until you cancel.
4.3 Payment is processed by Stripe. By providing payment details, you authorise us to charge the applicable fees on the recurring schedule of your chosen plan.
4.4 If a payment fails, we may retry the charge, suspend access to the service after a reasonable notice period, or terminate the subscription in line with clause 10.
4.5 Fees are non-refundable except where required by Australian Consumer Law or where we, at our discretion, agree otherwise in writing. Unused portions of a paid period are not refundable on cancellation, but you retain access until the end of the paid period.
4.6 We may change our fees. Existing subscribers will be given at least 30 days' notice before any price increase applies to their subscription.
5. Free trials and beta features
5.1 We may offer free trials, evaluation periods, or beta features from time to time. These are provided on an "as is" basis, without warranties, and may be modified or discontinued at any time without notice.
5.2 If you continue to use the platform after a free trial ends, you agree to be charged the then-current subscription fee for the plan you selected.
6. Acceptable use
6.1 You must not use Sitepack to:
(a) do anything unlawful, or to help anyone else do anything unlawful;
(b) upload content that is defamatory, offensive, discriminatory, or that infringes another person's rights;
(c) upload malware, attempt to interfere with the platform's security, or probe, scan, or test the vulnerability of any part of our systems;
(d) reverse-engineer, decompile, or copy the platform beyond what is expressly permitted by these Terms;
(e) resell, sublicense, or otherwise commercialise access to Sitepack without our prior written consent; or
(f) use Sitepack in a way that violates the Work Health and Safety Act, the Privacy Act, or any other law of the Commonwealth of Australia or any State or Territory.
6.2 You are solely responsible for the accuracy, completeness, and lawfulness of the content you and your crew submit through Sitepack, including SWMS content, Take 5 records, toolbox talk records, incident reports, and any photos, signatures, or notes attached to them.
7. Safety documentation is your responsibility
7.1 Sitepack is a tool that helps you create, capture, and store safety documentation. It does not replace your obligations as a person conducting a business or undertaking ("PCBU") under Australian work health and safety law.
7.2 You remain solely responsible for:
(a) ensuring the accuracy and appropriateness of any SWMS, Take 5, toolbox talk, or incident report generated with the assistance of Sitepack;
(b) reviewing AI-generated or template-based content before it is used on site or provided to regulators;
(c) ensuring workers understand and follow the controls documented in your SWMS and other safety records; and
(d) meeting all record-keeping, notification, and reporting obligations under applicable law.
7.3 AI-assisted features (including Take 5 voice capture, SWMS drafting, and toolbox talk suggestions) generate content based on your inputs and general safety practice. That content is a starting point, not a substitute for competent professional judgement. You must review it before use.
7.4 To the maximum extent permitted by law, we are not liable for any injury, damage, prosecution, penalty, or loss arising from your reliance on safety documentation produced or stored using Sitepack.
8. Your data
8.1 Ownership. You own the data you and your crew submit through Sitepack, including SWMS content, Take 5 records, toolbox talk records, incident and near-miss reports, photos, signatures, and site records ("Customer Data").
8.2 Our licence to use it. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and process Customer Data solely to the extent necessary to provide Sitepack to you.
8.3 De-identified data. We may create de-identified data derived from Customer Data and use it only for the following purposes:
(a) improving the accuracy of Sitepack's hazard libraries and safety templates (for example, learning that a particular hazard commonly appears in a particular type of work);
(b) diagnosing errors, improving performance, and monitoring platform integrity; and
(c) producing aggregate, non-attributable industry benchmarks and safety statistics.
What "de-identified" means. Data is de-identified only if it has been treated so that no individual, business, or site is reasonably identifiable, applying the standard set by the Office of the Australian Information Commissioner. Before any de-identified use, we remove your name, your business name, ABN, worker names, contact details, site names and addresses, geolocation, photos, signatures, and any free-text field that could reasonably identify a person or business.
What we will not do. We will not:
(i) sell de-identified data or license it to any third party as a standalone dataset;
(ii) use de-identified data to train foundation or general-purpose AI models operated by third parties;
(iii) use de-identified data to build a product or service that competes with your business; or
(iv) attempt to re-identify de-identified data, or permit any third party to do so.
Opt-out. You may opt out of clause 8.3(a) and 8.3(c) at any time by emailing us at the address in clause 15.1. Opt-out takes effect within 30 days and applies from that date forward. We may still use de-identified data for clause 8.3(b) (error diagnosis and platform integrity), because that use is necessary to run the service.
Our right to use de-identified data created before opt-out or termination continues after your subscription ends, subject to the restrictions above.
8.4 Export. You may export your Customer Data at any time while your subscription is active, in the formats we make available in the app (currently including PDF and, for structured data, CSV). We will assist with reasonable one-off export requests on request.
8.5 Deletion. On termination of your subscription, we will retain your Customer Data for 30 days to allow you to export it or reinstate your account, after which we will delete it from active systems. Backups are overwritten in the ordinary course of our backup rotation, typically within a further 90 days. De-identified data covered by clause 8.3 is not affected.
8.6 Privacy. Our handling of personal information is governed by our Privacy Policy, published at sitepack.com.au/privacy. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
9. Intellectual property
9.1 We own all intellectual property rights in Sitepack, including the software, templates, AI prompts, brand, and any material we generate that is not Customer Data.
9.2 Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to use Sitepack for your business purposes for the duration of your subscription.
9.3 Feedback and suggestions you provide about Sitepack may be used by us to improve the service, and you grant us a perpetual, royalty-free licence to use that feedback without restriction.
10. Suspension and termination
10.1 By you. You may cancel your subscription at any time from within the app. Cancellation takes effect at the end of the current paid period; you retain access until then, and no refund is provided for the unused portion.
10.2 By us for cause. We may suspend or terminate your access immediately, without refund, if:
(a) you materially breach these Terms and do not remedy the breach within 14 days of written notice (or immediately, where the breach is not capable of remedy);
(b) payment fails and remains unpaid for more than 14 days after we notify you;
(c) we reasonably believe you are using Sitepack unlawfully or in a way that creates risk to us, other customers, or the platform's integrity; or
(d) you become insolvent, enter administration, or otherwise cease to be able to meet your obligations under these Terms.
10.3 By us for convenience. We may terminate your subscription for any reason by giving you at least 30 days' written notice, in which case we will refund any prepaid fees for the period after the effective date of termination.
10.4 Clauses that by their nature should survive termination (including clauses 7, 8.3, 9, 11, 12, and 14) survive termination of these Terms.
11. Warranties and Australian Consumer Law
11.1 We will provide Sitepack with reasonable care and skill and in a manner consistent with generally accepted industry practice.
11.2 To the maximum extent permitted by law, all other warranties, representations, and conditions (whether express or implied by statute, custom, or otherwise) are excluded.
11.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified. Where our liability for a breach of a non-excludable guarantee can be limited, our liability is limited (at our option) to resupplying the service or paying the cost of having the service resupplied.
11.4 Sitepack is provided "as is". We do not warrant that the service will be uninterrupted, error-free, or free from data loss, or that it will meet your specific business requirements.
12. Liability
12.1 Subject to clause 11.3 and to the maximum extent permitted by law, our total aggregate liability to you under or in connection with these Terms (whether in contract, tort, negligence, statute, or otherwise) is capped at the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the liability.
12.2 To the maximum extent permitted by law, we are not liable for any:
(a) loss of profit, revenue, business opportunity, goodwill, or anticipated savings;
(b) loss or corruption of data, except to the extent caused by our wilful misconduct;
(c) indirect, special, consequential, or punitive loss; or
(d) loss arising from third-party services (including SMS, email, WhatsApp, or payment providers) that Sitepack integrates with.
12.3 Each party must take reasonable steps to mitigate any loss it suffers.
13. Third-party services
13.1 Sitepack integrates with third-party services including (without limitation) Stripe (payments), Twilio (SMS and WhatsApp), and Supabase (data storage). Use of those services is subject to their own terms, which are outside our control.
13.2 We are not responsible for outages, changes, or discontinuations of third-party services, but we will use reasonable efforts to give you advance notice where we become aware of them.
14. Confidentiality
14.1 Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party must:
(a) use Confidential Information only for the purposes of these Terms;
(b) protect it with the same care as its own confidential information (and no less than a reasonable standard of care); and
(c) not disclose it to third parties except to employees, contractors, or professional advisers who need to know and who are bound by equivalent obligations.
14.2 Confidential Information does not include information that is public, independently developed, or lawfully received from a third party without confidentiality obligations.
15. Notices
15.1 Notices to us should be sent to wpcconsultingpty@gmail.com, with "Sitepack — Notice under T&Cs" in the subject line.
15.2 Notices to you will be sent to the email address on your account. It is your responsibility to keep that address current.
16. Governing law and jurisdiction
16.1 These Terms are governed by the laws of Queensland, Australia.
16.2 Each party submits to the exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from them.
17. General
17.1 Entire agreement. These Terms, together with any order form, plan description, and our Privacy Policy, form the entire agreement between the parties in relation to Sitepack and supersede any prior discussions or agreements.
17.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in effect.
17.3 Waiver. A failure or delay by us in exercising a right under these Terms is not a waiver of that right.
17.4 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms to a related body corporate or to a party acquiring our business.
17.5 Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control (including natural disasters, industrial action, or third-party service outages), provided that party takes reasonable steps to mitigate the impact.
17.6 Relationship. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between the parties.
Contact
WPC Consulting Pty Ltd ABN 66 644 159 053 ACN 644 159 053 6 Cumbalum Street, Hemmant QLD 4174, Australia wpcconsultingpty@gmail.com sitepack.com.au