Terms of Service

Effective Date: 15/11/2024
Last Updated: 04/02/2025

These Terms and Conditions (“Terms”) govern your use of the online courses, learning platforms, and subscription services provided by Safety Fusion (ABN: 36211950299) ("we," "us," or "our") through mylms.com.au and safetyfusion.com.au (collectively, the "Platform").

By purchasing, subscribing, or accessing any course or service, you ("User" or "Client") agree to comply with these Terms. If you do not agree, you must not use the Platform.

1. DEFINITIONS

1.1 "Course" – Any online training, educational content, or materials offered through the Platform.
1.2 "Individual User" – A person purchasing a single course or course package.
1.3 "Corporate Client" – A business entity purchasing a tiered employee subscription to courses.
1.4 "Subscription Plan" – A corporate access model based on employee tiers.
1.5 "Custom Course" – A course specifically created for a Corporate Client under a separate agreement.
1.6 "Access Period" – The 12-month period from the date of purchase or subscription activation.

2. PLATFORM USAGE & ACCOUNT RESPONSIBILITY

2.1 Access to the Platform is provided to the registered account holder only. Account sharing is strictly prohibited.
2.2 Users are responsible for maintaining account security, including login credentials.
2.3 If an account is compromised, we will assist in recovery where possible, but security remains the User’s responsibility.
2.4 The Platform may include interactive elements, such as discussion boards, quizzes, or messaging features. Users must engage respectfully and not post harmful, offensive, or illegal content.

3. COURSE PURCHASE & ACCESS RIGHTS

For Individual Users:

3.1 Upon full payment, you receive a non-transferable, non-exclusive license to access the purchased Course for 12 months.
3.2 Courses may not be shared, resold, or redistributed.
3.3 If a Course is updated within your access period, you will receive access to the updated version at no additional charge.
3.4 Purchasing a Course does not grant ownership of any intellectual property rights.

For Corporate Clients:

3.5 Employees under a Corporate Subscription Plan receive 12-month access to the selected courses.
3.6 Corporate Clients may upgrade their employee tier with one month’s notice before the next billing period.
3.7 Downgrades are only permitted at the end of the 12-month contract, with notice required before the last month.

4. FEES, BILLING, AND PAYMENT TERMS

For Individual Users:

4.1 Payment for Courses is due in full at the time of purchase.
4.2 Payments are final and non-refundable, except where required under Australian Consumer Law (ACL).
4.3 Refunds or credits will only be provided in cases where the Course is not delivered as advertised due to technical failure.

For Corporate Clients:

4.4 Corporate Clients are billed 30 days in advance on a monthly basis.
4.5 If payment is not received within 14 days, the Client’s account will be paused, and employee access suspended.
4.6 If non-payment continues, the Client remains liable for the full contract period and will be invoiced for the remaining balance.
4.7 Legal action may be pursued for failure to pay the contract in full.

5. INTELLECTUAL PROPERTY & COURSE CONTENT USAGE

5.1 All Courses, materials, and Platform content are the exclusive property of Safety Fusion.
5.2 Users must not copy, modify, or create derivative works from the Course content.
5.3 If a Corporate Client commissions a Custom Course, Safety Fusion retains partial ownership, unless exclusive rights are negotiated in the quotation process.
5.4 Safety Fusion reserves the right to license back custom content for a specific period of time, unless exclusivity is agreed upon.

6. PLATFORM AVAILABILITY & SERVICE INTERRUPTIONS

6.1 We will make reasonable efforts to ensure the Platform is available 24/7, but we do not guarantee uninterrupted access.
6.2 We are not liable for service disruptions caused by:

  • Internet outages

  • Cyber-attacks

  • Third-party system failures

  • Events outside of our control (e.g., natural disasters, government actions)
    6.3 If downtime exceeds 7 business days, affected users will receive an extension on their access period.
    6.4 In all cases, we will work to restore services as soon as possible.

7. TERMINATION & SUSPENSION OF ACCESS

7.1 We reserve the right to suspend or terminate any account that violates these Terms.
7.2 Corporate accounts will be paused if payment is overdue and closed if payment is not received within 14 days.
7.3 Terminated users forfeit all rights to refunds, credits, or further access.

8. REFUND POLICY & CONSUMER GUARANTEES

8.1 Payments are final and non-refundable, except where required under Australian Consumer Law (ACL).
8.2 Refunds will only be granted if:

  • A Course is not delivered as advertised due to a verified technical failure.

  • The purchase was made in error and reported immediately before accessing content.
    8.3 Safety Fusion does not guarantee learning outcomes, job placement, or certification.

9. LIABILITY DISCLAIMER

9.1 To the fullest extent permitted by law, Safety Fusion is not liable for:

  • User reliance on Course content.

  • Losses resulting from incomplete learning or lack of application.

  • Data breaches resulting from user negligence (e.g., weak passwords).
    9.2 Safety Fusion’s total liability in any claim is limited to the amount paid for the affected Course.

10. DISPUTE RESOLUTION & GOVERNING LAW

10.1 These Terms are governed by the laws of Queensland, Australia.
10.2 Any disputes must first be attempted to be resolved through negotiation or mediation.
10.3 If unresolved, disputes will be settled by arbitration in Queensland.

11. MODIFICATIONS TO TERMS

11.1 Safety Fusion reserves the right to update these Terms at any time.
11.2 Changes will take effect 30 days after notice is provided via email or posted on the Platform.

12. CONTACT INFORMATION

For any questions regarding these Terms, please contact us at: