Legal

Website Terms & Conditions

The terms governing your use of the ToolboxFM website and any related public-facing content and functionality.

Revision 1.0 — Effective 8 September 2026

1. About these Terms

These Website Terms & Conditions (Terms) govern your use of the ToolboxFM website and any related public-facing webpages, content, forms, resources and functionality made available by ToolboxFM Pty Ltd (ToolboxFM, we, us or our).

By accessing or using the ToolboxFM website, you agree to comply with these Terms.

If you do not agree with these Terms, you should not use the website.

These Terms apply primarily to the public ToolboxFM website.

Use of the ToolboxFM software platform by a customer is additionally governed by the applicable:

  • Client Master Services Agreement;
  • Order Form;
  • Trial Agreement;
  • Data Processing Agreement;
  • Security & Data Protection Schedule; and
  • other applicable contractual documents.

Where there is an inconsistency between these Terms and a signed customer agreement, the signed customer agreement will prevail to the extent of that inconsistency.

2. About ToolboxFM

ToolboxFM Pty Ltd

  • ABN: 69 702 060 642
  • ACN: 702 060 642
  • Address: 34 Patrick Crescent, Saratoga, NSW, 2251

ToolboxFM provides software designed to assist organisations with communication, planning, coordination, visibility, exclusion-zone management, high-risk activity coordination and operational record-keeping.

3. Acceptance of Terms

3.1 By accessing or using the website, you acknowledge that you have read and agree to these Terms.

3.2 If you are using the website on behalf of a company, organisation or other entity, you represent that you have authority to accept these Terms on its behalf.

3.3 ToolboxFM may update these Terms from time to time.

3.4 Your continued use of the website after updated Terms are published constitutes acceptance of the updated Terms, to the extent permitted by law.

4. Website purpose

The ToolboxFM website is intended to provide information about:

  • ToolboxFM;
  • our software platform;
  • features and functionality;
  • pricing;
  • demonstrations;
  • trials;
  • services;
  • customer use cases;
  • industries;
  • integrations;
  • company information;
  • news and updates;
  • educational resources; and
  • other information relating to ToolboxFM.

Information on the website is generally provided for informational and commercial purposes.

5. Website information is not professional advice

5.1 Content published on the ToolboxFM website may discuss construction, safety, operational, planning or risk-management matters.

5.2 Such content is provided for general information only.

5.3 Nothing on the website constitutes:

  • legal advice;
  • engineering advice;
  • construction advice;
  • WHS advice;
  • safety certification;
  • risk assessment;
  • project management advice;
  • regulatory advice;
  • financial advice; or
  • professional advice.

5.4 You should obtain appropriate professional advice for your particular circumstances.

6. ToolboxFM is a technology platform

6.1 ToolboxFM provides technology designed to facilitate communication, planning, coordination, visibility and operational record-keeping.

6.2 ToolboxFM does not assume responsibility for the physical performance or supervision of work at any customer's project.

6.3 ToolboxFM does not replace:

  • competent project supervision;
  • risk assessments;
  • SWMS;
  • JSA/JHA processes;
  • permits;
  • engineering assessments;
  • physical exclusion zones;
  • barricades;
  • signage;
  • spotters;
  • competent persons;
  • licences;
  • training;
  • supervision; or
  • other required safety controls.

6.4 Customers and responsible project personnel remain responsible for making appropriate operational and safety decisions.

7. No guarantee of safety outcomes

7.1 ToolboxFM is designed to assist customers with communication, planning, coordination, visibility and record-keeping.

7.2 Use of the website or Platform does not guarantee:

  • prevention of accidents;
  • prevention of injuries;
  • prevention of property damage;
  • compliance with safety requirements;
  • elimination of workplace hazards;
  • elimination of project delays;
  • elimination of communication failures; or
  • achievement of any particular safety or operational outcome.

7.3 Customers remain responsible for determining and implementing appropriate controls.

8. Website access

8.1 ToolboxFM aims to make the website available on a reasonable basis.

8.2 We do not guarantee that the website will:

  • always be available;
  • be uninterrupted;
  • be error-free;
  • be free from viruses or malicious code;
  • operate on every device or browser; or
  • remain unchanged.

8.3 We may temporarily suspend or restrict website access for:

  • maintenance;
  • upgrades;
  • security reasons;
  • technical issues;
  • emergencies;
  • investigations;
  • changes to services; or
  • other legitimate business reasons.

9. Website content

9.1 ToolboxFM may publish:

  • text;
  • photographs;
  • videos;
  • graphics;
  • diagrams;
  • product demonstrations;
  • screenshots;
  • case studies;
  • testimonials;
  • customer examples;
  • articles;
  • downloadable materials;
  • logos;
  • trademarks;
  • pricing information; and
  • other content.

9.2 We aim to ensure website content is accurate and current but do not guarantee that all information will always be complete, accurate or up to date.

9.3 Product features and functionality may change as ToolboxFM develops.

9.4 Any pricing displayed on the website is subject to the applicable Order Form or commercial agreement.

10. Intellectual property

10.1 Unless otherwise stated, all intellectual property rights in the website and its content belong to ToolboxFM or its licensors.

10.2 This includes:

  • software;
  • source code;
  • website design;
  • graphics;
  • logos;
  • trademarks;
  • trade names;
  • text;
  • images;
  • videos;
  • documentation;
  • product concepts;
  • workflows;
  • diagrams;
  • templates;
  • databases;
  • designs;
  • marketing materials; and
  • other intellectual property.

10.3 Nothing in these Terms transfers ownership of ToolboxFM intellectual property to you.

10.4 You must not reproduce, modify, distribute, sell, licence, commercialise or exploit ToolboxFM intellectual property without our prior written permission, except where permitted by law.

11. Limited website licence

Subject to these Terms, ToolboxFM grants you a limited, non-exclusive, revocable and non-transferable right to access and use the website for lawful informational and business purposes.

You must not:

  • scrape substantial amounts of website content;
  • reproduce the website;
  • create a competing website using ToolboxFM content;
  • frame or mirror the website;
  • reverse engineer website functionality;
  • remove proprietary notices;
  • commercially exploit website content; or
  • interfere with website operation.

12. Trade marks

12.1 ToolboxFM and associated logos, names and branding are owned by or licensed to ToolboxFM.

12.2 You must not use ToolboxFM trademarks without prior written permission.

12.3 Third-party trademarks appearing on the website remain the property of their respective owners.

13. Demonstrations

13.1 ToolboxFM may provide product demonstrations through:

  • the website;
  • video;
  • online meetings;
  • screen sharing;
  • recorded demonstrations; or
  • other communication channels.

13.2 Demonstrations are provided to explain the Platform's functionality.

13.3 Demonstrations may use example or simulated information.

13.4 Demonstration functionality may differ from the current or future production Platform.

14. Free trials

14.1 ToolboxFM may offer customers a free trial.

14.2 Trial terms may be set out in a separate Trial Agreement or Trial Order Form.

14.3 Unless expressly agreed otherwise, a trial does not automatically convert into a paid subscription.

14.4 Trial access may be subject to:

  • time limits;
  • project limits;
  • user limits;
  • feature limits;
  • technical restrictions; or
  • other conditions.

14.5 ToolboxFM may suspend or terminate trial access where reasonably necessary.

15. Accounts

Where the website or related services permit you to create an account:

15.1 you must provide accurate information;

15.2 you must keep your account information current;

15.3 you must keep authentication credentials confidential;

15.4 you must not share credentials with unauthorised persons;

15.5 you must promptly notify ToolboxFM of suspected unauthorised access; and

15.6 you are responsible for activity undertaken through your account, subject to applicable law.

16. Customer platform accounts

16.1 Customer access to the ToolboxFM Platform is governed by the applicable customer agreement.

16.2 Customer administrators are responsible for:

  • managing users;
  • assigning permissions;
  • removing users who no longer require access;
  • ensuring appropriate use of the Platform; and
  • protecting account credentials.

16.3 ToolboxFM may suspend access where reasonably necessary for:

  • security;
  • suspected misuse;
  • non-payment;
  • legal compliance;
  • breach of contract; or
  • protection of the Platform or other customers.

17. QR codes

17.1 ToolboxFM may provide QR-code functionality allowing individuals to access project information.

17.2 Depending on configuration, QR codes may be accessible without creating an account.

17.3 Customers are responsible for deciding what information is made available through their QR codes.

17.4 Customers must not intentionally publish unnecessary personal, confidential, commercially sensitive or security-sensitive information through publicly accessible QR codes.

17.5 ToolboxFM is not responsible for information that a customer intentionally makes publicly accessible through its own configuration.

18. User content

18.1 Users may submit information, documents, photographs, comments or other content through forms or Platform functionality.

18.2 You remain responsible for content you submit.

18.3 You must ensure that content you submit:

  • is accurate to the extent reasonably required;
  • does not unlawfully infringe another person's rights;
  • is not malicious;
  • does not contain unnecessary sensitive information;
  • does not contain malicious code;
  • does not breach confidentiality obligations; and
  • does not otherwise breach applicable law.

19. Licence to user-submitted content

19.1 Where necessary to provide the relevant website or Platform functionality, you grant ToolboxFM a non-exclusive licence to host, store, reproduce, transmit and process content you submit.

19.2 The licence is limited to purposes reasonably necessary to:

  • provide the Services;
  • operate the Platform;
  • provide support;
  • maintain security;
  • perform backups;
  • troubleshoot;
  • comply with law; and
  • perform other obligations under an applicable agreement.

19.3 This clause does not transfer ownership of your content to ToolboxFM.

20. Customer data

20.1 Customer Data remains subject to the applicable customer agreement.

20.2 The ToolboxFM Privacy Policy and Data Processing Agreement govern applicable handling of Personal Information.

20.3 ToolboxFM will not sell customer Personal Information.

21. Prohibited use

You must not use the website or Platform to:

  • breach any law;
  • infringe intellectual property rights;
  • obtain unauthorised access;
  • introduce malware;
  • conduct security attacks;
  • interfere with website operation;
  • scrape or harvest information in an unreasonable manner;
  • impersonate another person;
  • submit fraudulent information;
  • distribute spam;
  • transmit unlawful material;
  • attempt to circumvent security controls;
  • probe or test systems without permission;
  • reverse engineer the Platform except where permitted by law;
  • use the Platform to develop a competing product using ToolboxFM confidential information; or
  • otherwise misuse the website or Platform.

22. Cybersecurity

22.1 You must not knowingly introduce malicious software or code into the website or Platform.

22.2 You must not attempt to bypass authentication, access controls or other security measures.

22.3 You must not perform penetration testing, vulnerability scanning or other security testing against ToolboxFM systems without prior written permission.

22.4 If you discover a suspected security vulnerability, you should notify ToolboxFM promptly through the designated security contact.

Security contact: security@toolboxfm.com

23. Third-party links and services

23.1 The website may contain links to third-party websites and services.

23.2 Third-party websites are not controlled by ToolboxFM.

23.3 We are not responsible for:

  • third-party content;
  • third-party privacy practices;
  • third-party security;
  • third-party availability;
  • third-party pricing; or
  • third-party services.

23.4 Your use of third-party services is subject to the relevant third party's terms.

24. Integrations

24.1 ToolboxFM may provide or develop integrations with third-party systems.

24.2 Integrations may include connections with:

  • construction management platforms;
  • project management systems;
  • identity providers;
  • communication systems;
  • document management platforms;
  • reporting systems; or
  • other software.

24.3 Third-party integrations may be subject to additional terms.

24.4 ToolboxFM does not guarantee that a third-party integration will remain available.

24.5 Changes to third-party APIs or services may affect integration functionality.

25. Testimonials and case studies

25.1 ToolboxFM may publish testimonials, case studies or customer stories with appropriate permission.

25.2 Customer names, logos or project information will not knowingly be used in public marketing without appropriate authorisation, except where information is already lawfully public and its use is otherwise permitted.

26. Feedback

26.1 We welcome feedback about ToolboxFM.

26.2 If you provide suggestions, ideas, recommendations or other feedback, you acknowledge that ToolboxFM may use that feedback to improve the Platform without owing you compensation, provided doing so does not disclose your Confidential Information.

26.3 This clause does not transfer ownership of your pre-existing intellectual property.

27. Privacy

27.1 Personal information collected through the website or Platform is handled in accordance with the ToolboxFM Privacy Policy.

27.2 Our Privacy Policy forms part of these Terms to the extent applicable.

27.3 Where ToolboxFM processes personal information on behalf of a customer, the applicable Data Processing Agreement may also apply.

28. Cookies

28.1 ToolboxFM may use cookies and similar technologies.

28.2 Cookies may be used for:

  • website functionality;
  • authentication;
  • preferences;
  • analytics;
  • security;
  • performance; and
  • other legitimate purposes.

28.3 Your browser may allow you to control or disable cookies.

28.4 Disabling cookies may affect website functionality.

29. Security and availability limitations

29.1 While ToolboxFM takes reasonable measures to protect its systems, no online service can guarantee absolute security.

29.2 Website and Platform availability may be affected by:

  • internet connectivity;
  • telecommunications failures;
  • device failures;
  • cloud infrastructure;
  • third-party services;
  • cyber incidents;
  • maintenance;
  • configuration;
  • user error;
  • external events; or
  • other circumstances outside ToolboxFM's reasonable control.

30. No reliance on website information

30.1 You should not rely solely on information published on the ToolboxFM website when making material business, safety, legal, engineering or operational decisions.

30.2 You should obtain appropriate professional advice and independently verify information relevant to your circumstances.

31. Australian Consumer Law

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

31.2 To the extent permitted by law, ToolboxFM excludes all other warranties, representations and conditions not expressly stated in these Terms.

31.3 Where applicable law implies a guarantee or condition that cannot be excluded, ToolboxFM's liability will be limited to the maximum extent permitted by law.

32. Limitation of liability

32.1 To the maximum extent permitted by law, ToolboxFM will not be liable for indirect, incidental, special or consequential loss arising from use of the website.

32.2 This may include, to the extent permitted by law:

  • loss of profits;
  • loss of revenue;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill;
  • loss of data; or
  • business interruption.

32.3 Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.

32.4 For customers using the paid Platform, liability is governed primarily by the applicable customer agreement.

33. Indemnity

33.1 To the extent permitted by law, you indemnify ToolboxFM against losses, claims, damages, costs and expenses arising from your:

  • breach of these Terms;
  • unlawful use of the website;
  • infringement of third-party rights;
  • misuse of the Platform;
  • introduction of malicious code; or
  • wilful or negligent misconduct.

33.2 This indemnity does not apply to the extent that the relevant loss was caused by ToolboxFM's own negligence, unlawful conduct or other matter for which ToolboxFM is legally responsible.

34. Suspension and termination

34.1 ToolboxFM may suspend or restrict access where reasonably necessary to:

  • protect security;
  • investigate suspected misuse;
  • comply with law;
  • protect users;
  • protect ToolboxFM;
  • address technical problems; or
  • enforce these Terms.

34.2 We may discontinue or materially change the website at any time.

34.3 Termination of website access does not affect rights or obligations that accrued before termination.

35. Third-party rights

These Terms do not create enforceable rights for third parties unless expressly stated otherwise.

36. Assignment

You must not assign or transfer your rights under these Terms without ToolboxFM's prior written consent.

ToolboxFM may assign or transfer these Terms as part of:

  • a restructure;
  • merger;
  • acquisition;
  • sale of the business;
  • financing;
  • corporate reorganisation; or
  • transfer of relevant assets,

subject to applicable law.

37. Changes to the website

ToolboxFM may:

  • add features;
  • remove features;
  • modify content;
  • change designs;
  • update functionality;
  • change technology;
  • introduce new services; or
  • discontinue services.

We do not guarantee that a particular website feature will remain permanently available.

38. Force majeure

ToolboxFM will not be responsible for failure or delay caused by circumstances outside its reasonable control, including:

  • natural disasters;
  • severe weather;
  • fire;
  • flood;
  • war;
  • terrorism;
  • civil unrest;
  • government action;
  • telecommunications failures;
  • internet outages;
  • widespread cyber incidents;
  • cloud infrastructure failures;
  • third-party service failures;
  • power outages; or
  • other events beyond reasonable control.

39. Privacy and data documents

The following documents form part of the broader ToolboxFM legal and data protection framework:

  • ToolboxFM Privacy Policy;
  • ToolboxFM Data Processing Agreement;
  • ToolboxFM Security & Data Protection Schedule;
  • Client Master Services Agreement;
  • applicable Order Form; and
  • Trial Agreement, where applicable.

40. Notices

General enquiries may be directed to:

ToolboxFM Pty Ltd

41. Governing law

These Terms are governed by the laws of New South Wales, Australia.

You submit to the jurisdiction of the courts of New South Wales and courts exercising appellate jurisdiction from them.

42. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be modified or severed to the extent necessary and the remaining provisions will continue to operate.

43. Entire agreement

These Terms, together with documents expressly incorporated into them, constitute the agreement governing your use of the ToolboxFM website.

For customers with a signed MSA or other customer agreement, the applicable customer agreement will govern the contractual relationship to the extent of any inconsistency.

44. Contact

If you have questions about these Terms, contact:

ToolboxFM Pty Ltd

Document control

  • Document: ToolboxFM Website Terms & Conditions
  • Version: 1.0
  • Owner: ToolboxFM Pty Ltd
  • Effective date: 8 September 2026
  • Last review: 8 September 2026