Legal

Terms and Conditions

The agreement between your company and us for using WHSComply, in plain English.

Last updated 4 November 2026

1.About these terms

WHSComply is a service of Briesa Pty Ltd (“we”, “us”, “our”). These terms are the agreement between us and the company that signs up for WHSComply (“you”, “the company”).

The person who creates the company's workspace accepts these terms for the company and confirms they are authorised to. Everyone the company invites, and every subcontractor, worker or visitor who signs in to its sites, must use WHSComply in line with these terms.

Our Privacy Policy explains how we handle personal information and forms part of these terms.

WHSComply is a business service for builders, principal contractors and other businesses that carry out construction work. It is not for personal or household use.

2.Accounts and access

Everyone signs in with an account of their own. Don't share logins, keep passwords secret, and tell us at support@briesa.com straight away if you think an account has been misused.

The company's owner and admins decide who joins and what each person can do: owner, admin, team lead, team member or auditor. You are responsible for what is done under the company's accounts and for removing people who leave.

Subcontractors, their workers and visitors can use free accounts to sign in to the company's sites and keep their own details current. They see only what is theirs and what the company shares with them, and they don't count towards the company's plan.

Site sign-in QR codes, guest links and calendar feeds open parts of the company's workspace without a company login. Display or share each one only where it is meant to be used, and turn it off when it is no longer needed.

3.Free trial

Every new company starts with a 7-day free trial of the Builder plan. You don't need to give payment details to start it.

When the trial ends, the company needs a paid plan to keep adding and changing records. Nothing is deleted: until you choose a plan the workspace is read-only, as described in section 6.

4.Plans, fees and billing

Plans and prices are on our pricing page. Prices are in Australian dollars and exclude GST, which is added to each invoice. The Group plan is priced by agreement, and anything we agree with you in writing for it applies alongside these terms.

Paid plans are billed monthly in advance through our payment provider, Stripe, and renew each month until cancelled. There is no lock-in contract. You authorise us to charge the payment method you give Stripe, and your invoices are under Billing in WHSComply.

The owner or an admin can move the company between plans at any time from Billing.

If a payment fails, WHSComply shows a notice and Stripe tries again. If it still can't be collected, the subscription ends and section 6 applies.

We may change our prices. We will email the company's owner at least 30 days before a new price applies, so you can cancel first if you prefer.

Fees already paid are not refunded for part of a month, except where the law, including the Australian Consumer Law, requires a refund.

5.Plan limits

Each plan has the limits shown on the pricing page: the company's own people who sign in, teams, document vault storage and assistant questions each month. Subcontractors, their workers and visitors are not counted.

When the company reaches a limit, WHSComply may stop it going further, for example new invitations, uploads or assistant questions, until you move to a larger plan or come back under the limit. Reaching a limit never deletes records, and never stops workers signing in to a site.

6.Cancelling

The owner or an admin can cancel at any time from Billing. Cancelling takes effect at the end of the month already paid for, and everything keeps working until then.

After that the workspace becomes read-only: the company's people can still sign in, see every record and export them, including the audit pack, but can't add or change anything. Choose a plan again at any time to carry on where you left off.

7.Closing the company

The owner can close the company from Settings. Closing gives 30 days' notice: billing stops, and on the closing date everyone loses access to the workspace. Until then the owner can reopen it.

Export anything you need before the closing date. After it we keep the company's records, locked, for the period our Privacy Policy sets out, because builders must keep many WHS records for years. During that time the owner can ask us at support@briesa.com for a copy of them.

We may suspend or close the company's access if fees remain unpaid after we have asked for them, if WHSComply is used unlawfully, or to stop a serious security threat. We will give notice first where we reasonably can.

8.Your data

The company owns the records it puts in WHSComply. You allow us to store, copy, process and display them only as needed to provide WHSComply, support you, keep it secure and comply with the law. We don't sell them, use them for advertising or use them to train AI models.

You are responsible for having the right to put each record into WHSComply, including workers' and subcontractors' personal information, licences and incident reports, and for keeping it accurate. The company is responsible for that personal information under privacy law, and we handle it on the company's behalf as our Privacy Policy describes.

Every change is written to an audit log that no one using WHSComply, including the company's owner, can edit or delete, and safety records can't be deleted while they must be kept. This is deliberate: it is how WHSComply shows an auditor or regulator what happened.

9.Acceptable use

You must not use WHSComply, or let anyone else use it, to:

  • break any law, including privacy law and the Spam Act 2003
  • hold personal information the company has no lawful reason to hold
  • try to reach another company's data, test or get around WHSComply's security, or overload it
  • upload malicious code, or material that infringes someone else's rights
  • copy, resell or rebuild WHSComply, or extract data from it with automated tools other than its exports
  • give anyone outside the company an account, other than an auditor the company invites, or the subcontractors, workers and visitors who sign in to its sites

10.Safety content and the assistant

WHSComply's checklists, guides, policy templates, legislation tracker, alerts and flags help the company meet its obligations. They are general information, not legal or safety advice, and they don't replace a competent person's judgement on site. The company remains responsible for its duties under the WHS Act and Regulations of each state and territory where it works, or the Occupational Health and Safety Act 2004 (Vic) in Victoria, and every other law that applies to it.

WHSComply does not notify a regulator for you. When it flags an incident as possibly notifiable, the company must still decide and notify the regulator itself, immediately.

The assistant is powered by AI from Anthropic and can be wrong. Check its answers before relying on them.

11.Availability and changes

We work to keep WHSComply available and secure, but it may be interrupted for maintenance, updates or events outside our control, and we can't promise it will be uninterrupted or error-free. Keep a fallback for signing people in and out of a site, such as a paper register, in case WHSComply or the site's mobile coverage is unavailable.

We improve WHSComply over time. We won't remove a core part of your plan without telling you first.

We may update these terms. We will publish the new version here and, for a material change, email the company's owner at least 30 days before it applies. If you don't agree, you can cancel before then.

12.Australian Consumer Law

Nothing in these terms excludes, restricts or changes any guarantee, right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.

Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

13.Liability

Subject to section 12, and as far as the law allows:

  • we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill
  • our total liability to you in connection with WHSComply is limited to the fees you paid us in the 12 months before the event that gave rise to the claim
  • you are responsible for loss we suffer because the company breaches section 9, or puts personal information in WHSComply without a lawful basis

14.General

These terms are governed by the law of New South Wales, and the courts of New South Wales and the courts that hear appeals from them may decide any dispute.

We send notices to the email address of the company's owner. You can send notices to us at support@briesa.com.

If part of these terms can't be enforced, the rest still applies. We may transfer these terms to a business that takes over WHSComply, and will tell you if we do.

Questions about these terms? Email support@briesa.com.