OnDuty365 Terms of Service

Last updated: 21 July 2026

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the OnDuty365 platform, including our mobile app, web admin dashboard, and website at onduty365.com (collectively, the "Platform").

The Platform is operated by ONDUTY 365 PTY LTD (ABN 37 697 633 168, ACN 697 633 168), an Australian proprietary limited company ("OnDuty365", "we", "us", "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

These Terms should be read together with our Privacy Policy, available at https://onduty365.com/privacy.

2. Beta period

The Platform is currently in beta. This means:

The Platform is provided for testing and evaluation purposes.
Features may be added, modified, or removed at any time without notice.
Bugs, errors, and service interruptions are expected.
Data integrity is not guaranteed; we recommend you do not rely on the Platform as your sole record of business-critical information during the beta period.
We may discontinue the beta or transition to a paid service at any time, with reasonable notice.

You acknowledge that you are using beta software and accept this risk.

Paid plans are not beta. Where you sign up to a paid plan (for example, a hiring business's subscription), that service is provided as a live, paid service on the pricing and terms presented to you at sign-up, and the "beta" and "free of charge" provisions in this section and in section 11 do not apply to it. Worker marketplace accounts are free (section 10A.3).

3. Who can use the Platform

You may use the Platform only if you are:

At least 18 years of age, and
Authorised by your employer to access the Platform on its behalf (where applicable), and
Located in a jurisdiction where use of the Platform is lawful.

If you are using the Platform on behalf of a business (such as a security company), you represent and warrant that you have the authority to bind that business to these Terms. References in these Terms to "you" include both you personally and the business on whose behalf you act.

4. Accounts and access

4.1 Account creation

Access to the Platform requires an account. Accounts are typically created by a guard company administrator and provisioned to their personnel. Personal email accounts may also be used for individual administrators or test users during the beta.

You agree to:

Provide accurate and current information when creating or maintaining an account
Keep your login credentials confidential
Not share your account with any other person
Notify us immediately of any unauthorised use of your account

Where the Platform offers sign-in using Google or Apple, you may use those methods to access your account. By doing so, you acknowledge that:

You are subject to the relevant provider's terms of service and privacy policy in addition to these Terms.
We receive only your name, email address, and a provider-issued account identifier from the provider. We do not receive access to your contacts, files, or other account data.
You remain responsible for the security of your provider account and must notify us immediately if you believe your provider account has been compromised.
We are not responsible for any interruption, error, or loss arising from the actions or policies of the identity provider you choose.
Password-based sign-in remains available at all times if you prefer not to use a social sign-in method.

4.2 Roles and permissions

The Platform supports multiple roles, including super administrator, administrator, supervisor, and employee. Access to features and data is controlled by role. You agree to use only the access granted to you and not attempt to gain access beyond your assigned role.

4.3 Account suspension and termination

We may suspend or terminate your account, with or without notice, if:

You breach these Terms
We reasonably believe your use of the Platform poses a security or legal risk
Required by law or regulator
Your guard company's subscription is terminated or expires

Termination does not affect rights or obligations that have accrued before termination.

5. Acceptable use

You agree not to:

Use the Platform for any unlawful purpose
Use the Platform to harass, threaten, or harm any person
Upload content that is illegal, defamatory, infringing, or harmful
Attempt to access data belonging to another guard company or another user without authorisation
Reverse engineer, decompile, or attempt to extract source code from the Platform
Use automated tools (bots, scrapers) to access the Platform without our written consent
Circumvent rate limits, security controls, or authentication mechanisms
Interfere with or disrupt the Platform's operation or other users' access
Use the Platform to send unsolicited communications in breach of the Spam Act 2003 (Cth)
Use the Platform to violate the security industry licensing laws of any Australian state or territory
Attempt to extract, modify, or override the system prompts, instructions, or guardrails governing the Platform's AI-assisted features
Attempt to inject content into the Platform's AI-assisted features intended to cause those features to act outside their permitted scope (prompt-injection attacks)
Rely on the Platform's AI-assisted feature output as the sole basis for any safety-critical, legal, financial, regulatory, or disciplinary decision about your personnel or operations

We reserve the right to investigate suspected breaches and take appropriate action, including suspending access and reporting to law enforcement.

6. Your content and data

6.1 Ownership

You retain ownership of all data, content, and information you submit to the Platform ("Your Content"), including:

Guard records, shift data, and operational data uploaded by guard company administrators
Documents, photos, and reports uploaded by personnel during shifts
Messages and communications sent through the Platform

6.2 Licence to us

You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, and process Your Content solely to operate, maintain, support, and improve the Platform and provide the services to you. This licence ends when Your Content is deleted in accordance with our retention rules in the Privacy Policy.

6.3 Responsibility for Your Content

You are solely responsible for Your Content. You represent and warrant that:

You have all necessary rights to submit Your Content to the Platform
Your Content does not violate the rights of any third party
Your Content complies with applicable laws, including privacy and workplace surveillance laws

We do not endorse, verify, or assume responsibility for Your Content. We may, but are not obliged to, remove Your Content that we reasonably believe breaches these Terms or applicable law.

6.4 Backups

We maintain reasonable backup procedures but do not guarantee that all data can be recovered in the event of loss or corruption. You are responsible for maintaining your own records of business-critical information.

6.5 AI-assisted features

Where you use the Platform's AI-assisted features:

the text of your queries and the minimal role-context block sent with them are treated as Your Content under section 6.2, subject to the additional terms in this section
conversation history and usage-pattern summaries are retained as set out in the Privacy Policy
you may opt out of AI-assisted processing as set out in the Privacy Policy

We may improve, retrain, replace, or discontinue the AI model or service that powers AI-assisted features at any time without notice. We are not obliged to preserve specific AI behaviours, model versions, or response styles between releases.

AI-assisted feature responses are generated by computation and may be inaccurate, incomplete, or out of date. You agree not to rely on AI-assisted feature output as the sole basis for any safety-critical, legal, financial, regulatory, or disciplinary action. Human review by a person with appropriate authority is required for any consequential use of an AI-assisted response.

7. Privacy

Our handling of personal information is governed by our Privacy Policy, available at https://onduty365.com/privacy. By using the Platform, you acknowledge that we will process personal information in accordance with that policy.

If you are a guard company administrator, you are responsible for ensuring that you have a lawful basis to provide your personnel's personal information to us, and that you have given your personnel any notices required by applicable workplace surveillance and privacy laws. Your specific warranties about employee consent and notice are set out in clause 8.1A.

8.1 Surveillance scope

The Platform includes features that constitute workplace surveillance under Australian law, including location tracking, photo capture at discrete events, and device monitoring.

If you are a guard company using the Platform to monitor your personnel:

You are responsible for issuing all notices required by applicable workplace surveillance legislation, including the NSW Workplace Surveillance Act 2005, the ACT Workplace Privacy Act 2011, and equivalent obligations in other states and territories.
You are responsible for obtaining any consents required under your employment contracts and applicable awards or enterprise agreements.
You are responsible for using the data collected through the Platform only for lawful purposes consistent with the notices given to your personnel.

We provide technical capability. You provide legal and operational governance over its use. We are not liable for any breach of workplace surveillance laws arising from your use or misuse of the Platform.

If you are a guard company (or other employer) using the Platform to roster, monitor, or manage personnel, you represent, warrant, and agree, on a continuing basis, that for every individual you add to or monitor through the Platform you have:

(a) a lawful basis under the Privacy Act 1988 (Cth) and all applicable state and territory workplace surveillance laws to collect, use, and disclose their personal information through the Platform;
(b) given every notice required by the NSW Workplace Surveillance Act 2005, the ACT Workplace Privacy Act 2011, and equivalent obligations in every jurisdiction in which the individual works, including notice before surveillance begins (at least 14 days, or any shorter period the individual has agreed to) and notice of whether location monitoring is continuous or intermittent;
(c) where the sign-in selfie or other biometric feature is enabled, obtained that individual's express, informed, and freely given consent to the collection of their biometric information as sensitive information under the Privacy Act, and offered a reasonable non-biometric alternative; and
(d) where location tracking is enabled, informed the individual of what location data is collected, when it is collected, and who can see it.

OnDuty365 provides the technical capability to collect this information and relies on these warranties. You indemnify OnDuty365 against any claim, complaint, penalty, loss, or cost (including by an employee, contractor, regulator, or the Office of the Australian Information Commissioner) arising from your breach of this clause 8.1A, including any claim that an individual was monitored, or had biometric or location data collected, without the required consent or notice. This indemnity survives termination.

Where your employer enables the optional sign-in selfie feature, you agree, when prompted at the start of a shift, to provide a clear, face-visible photograph of yourself using the front-facing camera. The photograph must:

Depict your own face, not a printed image, screen reproduction, mask, or another person
Be taken at the time and location of sign-in, not retrieved from a saved photograph
Be free of intentional obstruction designed to defeat the proof-of-attendance purpose of the feature

You may decline the consent step entirely; if you do, your shift sign-in still proceeds and the decline is recorded in the audit trail, but you acknowledge that your employer may treat repeated declines as a workplace-conduct matter in line with its own policies. We are not a party to that determination.

8.3 Permitted use of selfie photographs (employer obligation)

If you are a guard company using the sign-in selfie feature, you agree to use the resulting photographs only for:

Verifying that the rostered individual physically attended the relevant shift
Investigating specific incidents where attendance is in dispute
Providing proof of attendance to your end client where contractually required and consistent with your own privacy obligations to your personnel

You agree not to use sign-in selfie photographs to:

Train any machine-learning or facial-recognition model, whether your own or a third party's
Sell, license, or transfer the photographs to any third party other than the end client described above
Generate biometric templates, vectors, or hashes from the photographs
Combine the photographs with any external database to identify your personnel for purposes other than the verification purpose above

On termination of your subscription or the deletion of a personnel record, the corresponding sign-in selfie photographs are deleted in accordance with the retention rules in our Privacy Policy (section 11), subject to any preservation required for an active incident investigation.

9. Compliance and licensing

The Platform may store, display, and notify you about security industry licence numbers and expiry dates issued by Australian state and territory regulators. The Platform is a record-keeping and notification tool. Where you have enabled the verification service (see clause 9.3), the Platform also performs automated checks of stated credentials against official government registers; those checks are subject to the terms and limitations set out in clause 9.3.

You remain solely responsible for:

Verifying that your personnel hold valid current licences
Complying with all applicable security industry licensing laws, including the Security and Investigation Industry Act 1995 (SA), the Security Industry Act 1997 (NSW), the Security Providers Act 1993 (Qld), the Private Security Act 2004 (Vic), and equivalent legislation in other states and territories
Ensuring that personnel without valid licences do not perform regulated work

Reliance on Platform data to satisfy your regulatory obligations is at your own risk.

9.1 Compliance, payroll, and award tools are decision-support, not professional advice

OnDuty365 builds its licensing, compliance, award-interpretation, and payroll-preparation features to reflect current Australian requirements, and we work hard to keep them accurate and up to date. These features are powerful decision-support tools, designed to make meeting your obligations easier and faster. They are not, however, legal, industrial-relations, payroll, taxation, or other professional advice, and they do not replace your own judgement or, where appropriate, advice from a qualified professional.

You remain responsible for your obligations as an employer, including the correct application of modern awards, enterprise agreements, the Fair Work Act 2009 (Cth), and tax and superannuation law. Where the Platform calculates or suggests an outcome (for example, hours worked, break entitlements, pay, or licence validity), you are responsible for reviewing that outcome before relying on it for a payroll, disciplinary, safety-critical, legal, or regulatory decision. Used this way, the Platform is a strong second set of eyes; it is not a substitute for your own.

9.2A AI assistant outputs are assistive tools requiring human confirmation

The Platform includes an AI assistant that can help authorised users draft actions, calculate pay, interpret award entitlements, and perform other operational tasks. The assistant's outputs are assistive tools. They are not final decisions and they are not professional advice.

Confirmation requirement. Every action the assistant proposes that writes, changes, or finalises data requires the user to confirm it through an explicit confirmation step that shows the exact details of what will be done, including the affected worker or workers, the relevant dates, hours, and amounts. You must review those details carefully before confirming.

Payroll and pay calculations. Where the assistant produces payroll, award-rate, or pay calculations, those figures are a starting point for your review. You must independently verify the figures are correct for the relevant award, enterprise agreement, and individual circumstances before finalising any pay run or issuing any payslip. A person with appropriate authority is responsible for that review.

To the maximum extent permitted by law (including without limiting any non-excludable guarantee under the Australian Consumer Law), we are not liable for any loss, underpayment, overpayment, regulatory penalty, or other damage arising from your confirmation of an assistant output you have not adequately reviewed. This includes any loss arising because: (a) you confirmed an assistant action without reviewing the details shown in the confirmation step; (b) the assistant's output was inaccurate, incomplete, or out of date; or (c) the assistant's output reflected an incorrect award or rate. The existing section 17 liability cap and carve-outs, and the section 16 disclaimers, are unaffected by and operate alongside this clause.

9.2 Health and patient information (patient-watch engagements)

If your engagements involve healthcare sites or patient-watch duties, your personnel may capture health information about third parties (for example, patients) through incident reports or welfare notes. You acknowledge and agree that:

Health information is sensitive information under the Privacy Act 1988 (Cth) and, in some states, is additionally regulated by dedicated health-records legislation, including the Health Records and Information Privacy Act 2002 (NSW), the Health Records Act 2001 (Vic), and the Health Records (Privacy and Access) Act 1997 (ACT).
You (and, where applicable, the healthcare provider you serve) are the data controller for that health information and are solely responsible for the lawful basis to collect, use, and disclose it and for meeting the applicable state health-privacy obligations.
OnDuty365 provides the technical capability to record and store this information as a processor on your instructions; we are not responsible for your compliance with health-records law, and you indemnify us in line with clause 18 for any claim arising from your handling of health information through the Platform.

9.3 Verification service

Where OnDuty365 performs verification checks in connection with the Platform (including automated checks of licence numbers against official government registers and, where applicable, identity document checks), the following terms apply.

What the verification service does. OnDuty365 performs automated and, in some cases, manual checks of stated credentials against official government registers or other authorised sources at the time the check is run. Each check is a point-in-time inquiry that reflects the state of the relevant register or source at the time shown.

What a verification indicator means. A verification indicator displayed on the Platform (such as a badge, tick, or status label on a worker's profile) means only that the stated check was performed and that the relevant record was found at the time shown. It does not mean:

the licence, accreditation, or document remains valid, current, or unchanged after the time of check;
the register or source data is accurate (register accuracy is determined by the relevant government authority, not by OnDuty365); or
the individual is currently licensed, currently suitable for engagement, or free from any restriction or disqualification that may have arisen since the check was performed.

What the verification service does not do. The verification service is not a continuous monitoring service. It does not guarantee current licence status, identity, or suitability for any engagement. The Platform may not be able to automate checks for all states or registers; where automated checking is not available, a manual verification pathway or a "check not available" indicator is used.

Business responsibility. Businesses must independently verify all worker credentials before engagement and must not rely solely on Platform verification indicators to satisfy any regulatory, licensing, or due-diligence obligation.

Liability for verification failures. OnDuty365's liability for any loss arising from a verification check that was not performed, was performed incorrectly, or returned an inaccurate result is limited to the general cap in clause 17. Where OnDuty365 correctly performed the check and the underlying register data was inaccurate or stale, that is outside OnDuty365's verification promise and the business's independent verification obligation applies.

10. Subcontracting

Where the Platform supports the assignment of shifts between guard companies (subcontracting), you acknowledge that:

The subcontracting guard company retains responsibility for the shift, the personnel allocated to it, and the relationship with its end client
The receiving guard company is responsible for the conduct of its own personnel during the shift
Both parties remain responsible for their respective licensing, privacy, and workplace surveillance obligations
We facilitate the technical exchange of information between the parties; we are not a party to the subcontract

You agree that personal information about your personnel may be disclosed to the receiving guard company through the Platform for the purpose of managing the subcontracted shift, as described in our Privacy Policy.

11. Fees and payment

The Platform is currently provided free of charge during the beta period.

When the beta period ends or when paid subscription tiers are introduced:

Pricing, payment terms, and subscription details will be set out in an order form, subscription page, or applicable terms presented to you at the time
Continued use of the Platform after the beta period ends may require accepting a paid subscription
We will give reasonable advance notice before charging fees

No fees are payable for use of the Platform during the beta period unless expressly agreed in a separate written arrangement.

Worker marketplace accounts are free (see clause 10A.3); no fee is payable by an individual worker to find or accept work through the marketplace. Any other paid plans you sign up for (for example, a hiring business's subscription) are charged as set out in the pricing presented to you at the time of sign-up, including during any beta period that applies to other features.

12. White-label and reseller use

White-label branding (applying your logo and colours across the Platform, with a "Powered by OnDuty365" footer) is available on the Enterprise plan. Further white-label options, including a custom domain and a dedicated data environment, are available on request at an additional charge and are governed by a separate written agreement. Reseller arrangements are not currently available. Nothing in these Terms grants you a right to resell or sublicense the Platform, or to remove OnDuty365 attribution, except as expressly agreed in writing.

12A. Custom feature development

OnDuty365 offers a custom feature program under which we may build functionality requested by a customer. Custom development is available at our discretion, generally to customers on annual subscription plans, and is scoped based on the size and needs of the customer's operation. Requested features may be delivered to the requesting customer's workspace specifically or made available to all customers, at our discretion. All intellectual property in features we develop, including features built from customer requests, remains the property of ONDUTY 365 PTY LTD. Custom development requests do not create any obligation to build, any exclusivity, or any delivery timeline unless separately agreed in writing. Requests can be made via hello@onduty365.com or the contact page.

13. Intellectual property

13.1 Our IP

We own all rights, title, and interest in and to the Platform, including all software, design, branding, documentation, and the OnDuty365 name and logo. These Terms do not transfer any ownership in our intellectual property to you.

You are granted a non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended business purpose, subject to these Terms.

13.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose, without obligation to you.

13.3 No reverse engineering

You agree not to reverse engineer, decompile, or attempt to derive the source code of the Platform, except to the extent expressly permitted by law that cannot be excluded by agreement.

13.4 Third-party intellectual property

OnDuty365 develops the Platform independently and in good faith. We disclaim all warranties that the Platform does not infringe any third-party intellectual property right, as set out in clause 16. Our indemnity obligations in clause 18.2 apply in the event of a verified third-party intellectual property claim against the Platform itself.

You are responsible for ensuring that your use of the Platform, including any content, data, or materials you upload or generate through it, does not infringe any third-party patent, trademark, copyright, or other intellectual property right.

If you believe the Platform infringes your intellectual property, contact us at legal@onduty365.com with written details of your claim before initiating legal proceedings. We will investigate and respond promptly.

14. Third party services

The Platform integrates with third party services, including those listed in our Privacy Policy. We are not responsible for the operation, availability, or content of third party services. Your use of third party services is governed by their own terms and policies.

15. Availability and service levels

We aim to provide a reliable service but do not guarantee that the Platform will be:

Available without interruption
Free from errors, defects, or security incidents
Compatible with all devices, operating systems, or browsers

During the beta period, no service level agreement applies. Planned and unplanned downtime may occur without notice.

16. Disclaimers

To the maximum extent permitted by law:

The Platform is provided "as is" and "as available" without warranty of any kind, whether express, implied, statutory, or otherwise.
We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and uninterrupted use.
We do not warrant that the Platform will meet your requirements, that any defects will be corrected, or that data will not be lost.
We do not provide any warranty regarding the conduct of any user of the Platform.
We provide no warranty that the Platform's AI-assisted feature output is accurate, complete, current, fit for a particular purpose, or free from bias. AI-assisted responses are generated by computation and may be incorrect. You are responsible for verifying AI-assisted feature output before acting on it.
OnDuty365 is software, not a security service. We do not provide, procure, or carry on security services or activities, do not employ, supply, or direct workers, and are not a labour-hire provider. The engaging business holds those responsibilities and the required licences.
Where the Platform runs verification checks (including licence register checks and identity document checks), those checks are performed at the time indicated and reflect register or source data at that time. OnDuty365 does not warrant the ongoing currency, accuracy, or completeness of any verification result. You must independently verify all worker credentials before engagement and must not rely solely on Platform verification indicators. OnDuty365 does not guarantee any worker's identity, suitability, conduct, or fitness for any engagement. See clause 9.3 for the full terms of the verification service.
The welfare-check and duress/SOS features are not an emergency service, are not monitored emergency response, and are not a substitute for calling 000. In an emergency, contact emergency services directly. We do not guarantee that any alert, welfare check, or duress signal will be received, monitored, or acted upon.
We do not guarantee that location updates, alerts, notifications, or monitoring will be timely, complete, or available. Do not rely on the Platform as your only means of confirming a worker's safety or location.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

Where a consumer guarantee under the Australian Consumer Law applies and we are permitted to limit our liability for breach of that guarantee, our liability is limited (at our option) to:

Supplying the services again, or
Paying the cost of having the services supplied again.

17. Limitation of liability

To the maximum extent permitted by law:

In no event will we, our directors, employees, contractors, or agents be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of opportunity, or business interruption, arising out of or in connection with your use of the Platform, whether based on contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.
Subject to the carve-outs below, each party's total aggregate liability to the other for all claims arising out of or in connection with the Platform or these Terms, regardless of cause, is limited to the greater of: (a) the total fees paid or payable under these Terms in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) AUD $5,000.
For claims arising from a failure to keep personal information secure (a data or security breach) caused by a party, that party's liability is instead limited to the greater of the fees in (a) or AUD $50,000.
Without limiting the final paragraph of this clause, nothing in this clause caps or excludes liability for: fraud or wilful misconduct; a party's indemnities under these Terms; infringement of the other party's intellectual property; breach of confidentiality; a customer's obligation to pay fees; or any liability that cannot lawfully be limited (including under the Australian Consumer Law).
Where the Australian Consumer Law applies and permits, our liability for breach of a consumer guarantee is limited, as set out in clause 16, to supplying the services again or paying the cost of having the services supplied again (ACL s 64A).

These limitations apply even if any limited remedy fails of its essential purpose.

Nothing in this clause limits or excludes liability that cannot be lawfully limited or excluded, including liability under the Australian Consumer Law for breaches of non-excludable consumer guarantees, liability for death or personal injury caused by our negligence, or liability for fraud or fraudulent misrepresentation.

18. Indemnity

18.1 Your indemnity

You agree to indemnify, defend, and hold harmless OnDuty365, its directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

Your breach of these Terms
Your breach of any applicable law, including workplace surveillance, privacy, security industry licensing, employment, and consumer protection laws
Your Content, including any claim that Your Content infringes third party rights
Your use of the Platform to make decisions about, monitor, or manage personnel
Any dispute between you and any of your personnel, end clients, subcontractors, or other third parties relating to your use of the Platform

18.2 Our indemnity

We will indemnify you against any third-party claim that the Platform itself (excluding Your Content and any third-party services) infringes that third party's intellectual property rights, and against loss caused by our own breach of our confidentiality or data-security obligations under these Terms.

18.3 Proportionality and mitigation

A party claiming under an indemnity in this clause must take reasonable steps to mitigate its loss, and the indemnity is reduced to the extent the loss was caused by the indemnified party's own act, omission, or breach. Nothing in this clause requires a party to indemnify the other for loss to the extent it cannot lawfully be indemnified.

The indemnities in this clause 18 survive termination of these Terms.

19. Suspension and termination

19.1 By you

You may stop using the Platform at any time. To request account deletion, follow the in-app deletion flow or email support@onduty365.com.

19.2 By us

We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including:

Breach of these Terms
Suspected fraud, security threats, or unlawful use
Discontinuation of the beta or the Platform
Where required by law

On termination, your right to access the Platform ends. We may delete Your Content in accordance with our Privacy Policy.

19.3 Survival

Clauses 5 (Acceptable use), 6 (Your content and data), 8.1A (Employee consent and notice), 9.1 (Compliance, payroll, and award tools), 9.2A (AI assistant outputs), 10A (The marketplace), 13 (Intellectual property), 16 (Disclaimers), 17 (Limitation of liability), 18 (Indemnity), 21 (Governing law), and any other clause that by its nature should survive, will survive termination of these Terms.

20. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of these Terms indicates when they were most recently changed.

For material changes, we will give you reasonable notice (typically at least 14 days) by email or in-app notification before the change takes effect. Continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms.

If you do not accept the updated Terms, you must stop using the Platform before the change takes effect.

21. Governing law and dispute resolution

These Terms are governed by the laws of South Australia, Australia and the Commonwealth of Australia.

You and we submit to the exclusive jurisdiction of the courts of South Australia for any dispute arising out of or in connection with these Terms or the Platform.

Before commencing any formal proceedings, the parties agree to attempt in good faith to resolve any dispute by direct discussion. If the dispute is not resolved within 30 days, either party may pursue any remedy available at law.

22. General

22.1 Entire agreement

These Terms, together with the Privacy Policy and any order form or written agreement we enter with you, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and understandings.

22.2 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign or transfer these Terms in connection with a sale, merger, or restructure of our business.

22.3 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

22.4 Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

22.5 No partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

22.6 Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, war, civil unrest, government action, internet outages, or supplier failure.

23. Contact us

ONDUTY 365 PTY LTD (ABN 37 697 633 168) Trading as OnDuty365

For questions about these Terms, support, or to report a breach:

General enquiries: hello@onduty365.com
Support, privacy, deletion requests, complaints: support@onduty365.com
Phone: +61 439 074 245