Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Elliott Safety website and engagement of our construction safety consulting services. By accessing our website or engaging our services, you agree to be bound by these Terms. Elliott Safety Pty Ltd ABN 40 686 841 109 ("Elliott Safety", "we", "us", or "our") provides construction safety consulting services throughout Victoria, Australia.

2. Services

Elliott Safety provides construction safety consulting services including, but not limited to: risk assessments and hazard identification, safety management system development and certification support, Safe Work Method Statements (SWMS) and safety documentation, safety audits and site inspections, incident investigation and WorkSafe liaison, safety personnel placement, training and education programs, psychosocial risk management (delivered in partnership with WorkWell Safety), workplace manslaughter risk management, and silica dust compliance. Specific services, deliverables, and fees are outlined in individual service agreements, proposals, or quotes provided to you.

3. Client Responsibilities

By engaging Elliott Safety, you agree to: provide accurate and complete information about your projects, sites, and operations; ensure safe access to work sites for our personnel; notify us promptly of any incidents, hazards, or changes affecting our services; implement recommendations and corrective actions as the Person Conducting a Business or Undertaking (PCBU); maintain your own compliance obligations under the Victorian Occupational Health and Safety Act 2004; and pay invoices in accordance with agreed payment terms.

4. Limitations of Services

Advisory Nature: Our services are advisory in nature. We provide professional guidance, documentation, and recommendations to support your safety management. You remain solely responsible for implementing safety controls, ongoing compliance with Victorian OHS Act 2004 and Regulations, workplace safety decisions, and maintaining a safe work environment as the PCBU.

No Guarantee of Outcomes: We do not guarantee absence of workplace incidents, successful certification or accreditation outcomes (decisions rest with independent certification bodies), specific regulatory or legal outcomes, or identification of all hazards (audits and assessments are sampling-based).

Point-in-Time Assessments: Audits, inspections, and assessments reflect conditions observed at the time of the assessment. Site conditions, work practices, and compliance status may change after our assessment.

5. Intellectual Property

Elliott Safety retains intellectual property rights in our methodologies, templates, systems, training materials, and proprietary processes. Upon payment, you receive a licence to use deliverables for your internal business purposes. You retain ownership of your project information, site data, and confidential business information provided to us. You may not resell, distribute, or commercially exploit our materials without written permission.

6. Confidentiality

We treat your business information, project details, and safety records as confidential. We will not disclose confidential information to third parties except: with your consent, to our service partners as necessary to deliver services (e.g., WorkWell Safety), as required by law or regulatory authorities (e.g., WorkSafe Victoria), or to our professional advisers under confidentiality obligations.

7. Payment Terms

Service fees are outlined in individual quotes, proposals, or service agreements. Unless otherwise specified: invoices are due within 14 days of issue, GST applies to all services, and travel and disbursements may be charged at cost where applicable. Overdue invoices may incur interest. We reserve the right to suspend services for accounts more than 30 days overdue.

8. Limitation of Liability

To the maximum extent permitted by law, Elliott Safety excludes liability for indirect, consequential, or incidental losses, loss of profits or business opportunities, and losses arising from your failure to implement our recommendations or from inaccurate information provided to us. Our total liability for any claim is limited to the fees paid by you for the specific service giving rise to the claim. Nothing in these Terms excludes consumer guarantees under the Australian Consumer Law that cannot be excluded.

9. Indemnity

You agree to indemnify Elliott Safety against any claims, losses, or liabilities arising from your failure to implement safety recommendations, inaccurate information provided to us, your breach of these Terms, or your breach of workplace health and safety obligations.

10. Termination

Either party may terminate a service engagement by providing written notice as specified in the relevant service agreement, or 14 days' notice if not specified. We may terminate immediately if you fail to pay invoices when due, breach these Terms, or continuing services would expose our personnel to unacceptable safety risks. Upon termination, you must pay for services rendered. Provisions relating to confidentiality, intellectual property, limitation of liability, and indemnity survive termination.

11. Website Use

You may use our website for lawful purposes to learn about our services and contact us. You must not use automated systems to scrape data, attempt unauthorised access, or use the website for unlawful purposes. We do not guarantee uninterrupted website availability and may modify features without notice. We are not responsible for third-party linked websites.

12. Dispute Resolution

If a dispute arises, the parties will first attempt resolution through good faith negotiation. If unsuccessful within 14 days, either party may refer the dispute to mediation administered by the Resolution Institute. If mediation is unsuccessful, either party may commence legal proceedings in the courts of Victoria, Australia.

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.

14. General Provisions

These Terms, together with any service agreement or proposal, constitute the entire agreement between the parties. We may update these Terms by posting revised Terms on our website. If any provision is found invalid, remaining provisions continue in force. Failure to enforce any provision does not constitute a waiver. You may not assign your rights without our written consent.

15. Contact Us

If you have questions about these Terms, contact us:

Elliott Safety Pty Ltd

Email: info@elliottsafety.com.au

Phone: 1300 472 338

Address: 555 Collins Street, Melbourne