Terms & Conditions

1. Agreement and acceptance

These User Terms & Conditions (the “User Terms”) form a legally binding agreement between you and Oxil governing your access to and use of the Oxil SaaS platform and any related mobile applications, portals, dashboards, analytics modules, APIs, integrations, websites, and features we make available from time to time (together, the “Platform”).

You accept these User Terms by creating an account, accessing the Platform, using the Platform, or continuing to use the Platform after we publish updated User Terms. If you do not agree to these User Terms, you must not access or use the Platform.

You acknowledge that you can enter into this agreement electronically and that electronic acceptance and communications may be legally effective.

2. Relationship with your organisation and the Master Licence Agreement

In most cases, the Platform is provided to you because an organisation such as your employer, labour hire provider, host, contractor principal, or another entity (the “Customer”) has entered into a master licence and services agreement with Oxil (the “MLA”). The MLA governs the commercial arrangement between Oxil and the Customer, including fees, service scope, customer obligations, and administrative access rights.

These User Terms govern your personal access to, and use of, the Platform as an end user. If there is any inconsistency between these User Terms and the MLA, the MLA will prevail to the extent of the inconsistency as between Oxil and the Customer. Nothing in these User Terms gives you the right to enforce the MLA or to claim the benefit of any term in the MLA, unless a non-excludable law requires otherwise.

3. No employment, agency, or supervision relationship

You acknowledge and agree that Oxil is a technology provider and is not your employer, host, manager, supervisor, agent, labour hire provider, or workplace controller. Oxil does not direct your work, set your hours, pay you, deduct amounts from your wages, determine your work location, or supervise your conduct. Any employment, contracting, labour hire or workplace relationship exists solely between you and the Customer (or another relevant third party), and not with Oxil.

Nothing in these User Terms creates a relationship of employment, partnership, joint venture, agency, fiduciary relationship, or any other relationship that would impose on Oxil duties beyond those of a software provider.

4. Definitions and interpretation

In these User Terms:

“Customer Content” means content, instructions, policies, safety materials, training modules, documents, announcements, translations, and other materials that are authored, uploaded, approved, or provided by the Customer (or at the Customer’s direction) for distribution or use via the Platform.

“User Content” means information or materials submitted by you or on your behalf through the Platform, including issue reports, survey responses, messages, uploads, and feedback.

“Privacy Policy” means Oxil’s privacy policy as updated from time to time, which explains how we handle personal information.

“AI Systems” has the meaning given in clause 17.

Headings are for convenience only and do not affect interpretation.

5. Purpose and nature of the Platform

The Platform is intended to support workforce communication, engagement, distribution of documents and training materials, issue reporting workflows, and analytics that may assist a Customer to manage its operations. The Platform is not a substitute for on-site supervision, safe work method statements, training conducted by qualified persons, compliance advice, site inspections, legal advice, or medical advice.

You acknowledge that the Platform’s role is limited to providing software functionality. The existence of features such as reporting, alerts, dashboards, translations, or analytics does not mean Oxil is monitoring workplaces, verifying compliance, or guaranteeing safety outcomes.

6. Eligibility and account security

You must only use the Platform if you are legally capable of entering into a binding agreement and you meet any minimum age requirement stated in the Privacy Policy or otherwise notified to you. If you are required to have parent or guardian consent, you must ensure that consent has been obtained before using the Platform.

You must provide accurate and up-to-date information when creating or using an account. You are responsible for keeping your login credentials secure and confidential and for all activity that occurs through your account. If you suspect your account has been compromised, you must notify the Customer promptly (and you may also notify Oxil via the contact details in clause 24). Oxil is not responsible for losses arising from unauthorised use of your account where you failed to take reasonable steps to protect your credentials.

7. Licence to use the Platform

Subject to these User Terms, Oxil grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for lawful purposes and solely in connection with the Customer’s authorised use of the Platform. This licence is personal to you and may be suspended or revoked in accordance with these User Terms or at the Customer’s request.

You must not attempt to copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to extract source code or underlying ideas from the Platform, except to the extent such restriction is prohibited by law. You must not interfere with the Platform’s security, integrity, or performance, and you must not attempt to access any data or account that you are not authorised to access.

8. Acceptable use and conduct

You agree to use the Platform responsibly and lawfully. You must not use the Platform in a way that is abusive, harassing, defamatory, threatening, discriminatory, misleading, fraudulent, or otherwise unlawful. You must not use the Platform to impersonate another person, to submit false reports, to misrepresent workplace events, or to manipulate reporting processes.

You must not upload or transmit malware, harmful code, or content that would compromise the Platform or any other user’s device. You must not attempt to bypass access controls or security features, scrape content, or use automated scripts to access or extract data. You must not use the Platform for any purpose that would expose Oxil, the Customer, or other users to legal claims or regulatory risk.

Oxil may suspend or terminate your access if it reasonably believes you have breached this clause, and Oxil may refer matters to the Customer for workplace management if relevant.

9. Customer Content and responsibility for workplace materials

You acknowledge that Customer Content is authored, selected, approved, and controlled by the Customer, not by Oxil. Customer Content may include workplace policies, safety procedures, training materials, operational instructions, translations, or compliance communications. Oxil does not validate, verify, endorse, certify, or guarantee the accuracy, completeness, currency, or legal compliance of Customer Content, including where Customer Content relates to workplace health and safety, employment matters, pay or deductions, training, visa or migration schemes, or regulatory requirements.

Oxil’s role in distributing, formatting, translating, digitising, or presenting Customer Content is a technical service only and does not constitute legal review, professional advice, or compliance certification. You agree that any reliance on Customer Content is at your own risk and the Customer’s risk, and you should raise any concerns about Customer Content with the Customer directly.

10. Issue reporting and workflow features

The Platform may allow you to submit issue reports, complaints, welfare check-ins, incident notices, or other communications to the Customer through workflow features. You acknowledge that these tools are communication mechanisms and not emergency services. You must not use the Platform as a substitute for contacting emergency services where urgent assistance is required.

Oxil does not investigate, verify, adjudicate, or resolve issues submitted through the Platform, and Oxil does not guarantee that the Customer will respond within any particular time. Any response obligations are between you and the Customer. Oxil is not responsible for the Customer’s actions or inaction in relation to reports or communications made through the Platform.

11. No medical, legal, WHS, or professional advice

The Platform may contain general information relating to health, fitness, nutrition, wellbeing, workplace safety, training, compliance processes, engagement, or other topics. That information is general only and is not tailored to your personal circumstances or your workplace circumstances.

Oxil does not provide medical advice, legal advice, workplace health and safety advice, migration advice, payroll advice, or any other professional advice. The Platform is not a medical device and is not intended to diagnose, treat, cure, prevent, or manage any medical condition. You must obtain independent professional advice where appropriate, including from qualified health professionals, safety professionals, legal professionals, or other advisors.

You acknowledge that the Customer remains solely responsible for workplace safety, supervision, training competency, duty of care obligations, and compliance with applicable laws.

12. Service availability, changes, and updates

The Platform is provided on an “as available” basis. Oxil may change, update, suspend, or discontinue parts of the Platform at any time, including to maintain security, improve performance, comply with legal requirements, or manage product strategy. The Platform may experience interruptions, latency, downtime, data delays, or performance limitations, including due to network conditions, third-party service disruptions, device compatibility issues, or maintenance.

You acknowledge that the Platform’s features, form, and functionality may change over time and that Oxil does not guarantee the continued availability of any particular feature or module.

13. Third-party services, app stores, and integrations

The Platform may rely on third-party services such as hosting providers, messaging providers, identity verification services, analytics tools, translation services, AI providers, and payment or integration partners. Oxil does not control the operation of third-party services and is not responsible for their acts, omissions, outages, or failures, except to the extent required by law.

If you download the Platform from an app store, you acknowledge that the app store is not responsible for the Platform, and your use of the Platform may also be subject to the app store’s terms.

14. Security, devices, and connectivity

Oxil takes reasonable steps to protect the Platform and data stored within it; however, you acknowledge that no system is completely secure and that transmission of information over the internet involves inherent risks. You are responsible for maintaining the security of your device, including installing updates, using reasonable security settings, and protecting your account credentials.

Oxil is not responsible for issues caused by your device, your network connection, your mobile carrier, your operating system, or the Customer’s device management policies.

15. Records, logs, and evidentiary limitations

You acknowledge that the Platform may generate logs, timestamps, activity records, and exports. These records may be affected by device settings, time zone configurations, connectivity interruptions, or other technical factors. Oxil does not guarantee that Platform records are complete, error-free, or suitable for evidentiary use in court proceedings or regulatory processes.

Unless expressly agreed in writing with the Customer under the MLA, the Platform is not intended to serve as the Customer’s sole statutory recordkeeping system, and the Customer remains responsible for meeting any legal record retention obligations.

16. Intellectual property

All intellectual property rights in the Platform, including its software, design, functionality, models, algorithms, and updates, are owned by Oxil or its licensors. These User Terms do not transfer any ownership rights to you. You may not use Oxil’s branding, trademarks, or intellectual property except as enabled by ordinary use of the Platform.

Customer Content remains the responsibility of the Customer, and User Content remains your responsibility, subject to the licences in clause 18.

17. Artificial intelligence, automated systems, and generated content

17.1 Use of AI Systems. You acknowledge that the Platform may incorporate artificial intelligence systems, machine learning models, automated classification tools, predictive analytics engines, translation engines, natural language processing systems, image generation tools, behavioural insight algorithms, or other automated technologies (together, “AI Systems”). AI Systems may be used to generate or assist in generating text, summaries, images, translations, reports, dashboards, classifications, alerts, prompts, and analytics outputs within the Platform.

17.2 Nature of AI outputs. You acknowledge that outputs produced by AI Systems may be fully generated by AI Systems, partially generated by AI Systems, or created by humans with AI assistance. Because AI outputs are probabilistic and context-dependent, they may contain inaccuracies, omissions, outdated information, bias, contextual misunderstandings, unintended interpretations, or translation errors. AI outputs may appear confident even where incorrect.

17.3 No warranty as to AI accuracy or suitability. To the maximum extent permitted by law, Oxil does not warrant that AI outputs are accurate, complete, current, unbiased, legally compliant, or suitable for your workplace or your circumstances. You must apply independent judgment before relying on AI outputs, and where a matter may affect safety, compliance, legal rights, employment outcomes, or health, you must seek appropriate human review and professional advice as necessary.

17.4 No automated decision-making authority. You acknowledge that the Platform does not make binding decisions about employment, discipline, payroll, termination, workplace compliance, safety compliance, or regulatory outcomes. Any decision made by a Customer or any other person based on analytics, dashboards, alerts, classifications, translations, or other AI outputs is made solely by that Customer or person. Oxil is not responsible for decisions made by others, including decisions made in reliance on AI outputs.

17.5 Customer responsibility and Customer Content processed by AI. Where Customer Content is processed through AI Systems for formatting, translation, summarisation, tagging, or presentation, the Customer remains solely responsible for the accuracy, compliance, and appropriateness of that content. Oxil’s processing of Customer Content using AI Systems does not constitute endorsement, legal review, safety verification, or compliance certification.

17.6 AI improvement and de-identified data. Oxil may use aggregated and de-identified information to improve Platform functionality, including improving AI Systems, translations, classification accuracy, and analytics outputs, in accordance with applicable privacy laws and the Privacy Policy.

17.7 Third-party AI providers. AI Systems may include technology operated by third parties. Oxil does not control the internal functioning of third-party AI services and does not guarantee their performance beyond the Platform’s reasonable service commitments and any non-excludable legal obligations.

17.8 Regulatory evolution. You acknowledge that laws and guidance regarding AI and automated systems are evolving. Oxil may change, suspend, limit, or withdraw AI features in order to comply with legal requirements or to manage risk.

18. User Content licence and permissions

When you submit User Content through the Platform, you grant Oxil a limited, non-exclusive licence to host, store, process, transmit, display, and use that User Content for the purpose of providing the Platform, operating workflows, enabling communications to the Customer, and improving Platform functionality. This licence is limited to the Platform’s operation and does not permit Oxil to use your User Content for unrelated purposes.

You warrant that you have the right to submit the User Content and that doing so does not breach any law or another person’s rights.

19. Disclaimer of warranties

To the maximum extent permitted by law, the Platform is provided “as is” and “as available”. Oxil disclaims all warranties not expressly stated in these User Terms, including any implied warranties of fitness for purpose, merchantability, non-infringement, and uninterrupted availability.

Nothing in these User Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot be excluded.

20. Limitation of liability

To the maximum extent permitted by law, Oxil is not liable to you for any indirect, consequential, special, or exemplary loss, including loss of profit, loss of opportunity, loss of employment, loss of income, business interruption, reputational damage, or loss arising from regulatory action.

Without limiting the above, you acknowledge that Oxil is not responsible for, and is not liable for, any loss arising from: (a) Customer Content, including any safety, training, payroll or compliance materials; (b) decisions or actions taken by the Customer or other third parties; (c) reliance on AI outputs; (d) third-party service outages or failures; (e) device or connectivity issues; or (f) misuse of the Platform by any user.

To the maximum extent permitted by law, Oxil’s total aggregate liability to you arising out of or in connection with the Platform or these User Terms is limited to the greater of AUD $100 and the amount you have personally paid to Oxil (if any) in the preceding 12 months. This limitation applies regardless of the cause of action, whether in contract, tort (including negligence), statute, or otherwise.

Nothing in these User Terms limits liability to the extent it cannot be limited under applicable law.

21. Indemnity by user

To the maximum extent permitted by law, you indemnify Oxil, its officers, employees, and contractors against any claim, loss, damage, liability, cost, or expense (including legal costs on a full indemnity basis) arising out of or connected with: (a) your breach of these User Terms; (b) your misuse of the Platform; (c) your unlawful conduct; or (d) User Content you submit that infringes rights or breaches laws.

22. Suspension and termination

Oxil may suspend, restrict, or terminate your access to the Platform if: (a) Oxil reasonably believes you have breached these User Terms; (b) doing so is necessary to protect the security or integrity of the Platform; (c) Oxil is required to do so by law; or (d) the Customer requests suspension or termination of your access.

Termination or suspension may occur without prior notice where Oxil reasonably considers notice is impractical, would increase security risk, or is otherwise inappropriate. Upon termination, your licence to use the Platform ceases immediately.

23. Disputes

If you have a dispute or complaint regarding the Platform, you should first raise it with the Customer where it relates to workplace matters, Customer Content, employment issues, pay matters, or organisational decisions. Where the dispute relates to the technical operation of the Platform, you may contact Oxil.

If a dispute between you and Oxil cannot be resolved informally, the parties may attempt to resolve it by good faith discussions. Nothing in this clause prevents either party from seeking urgent injunctive relief where appropriate.

24. Notices and contact

Oxil may provide notices to you electronically, including in-app, by email, or through the Customer. You consent to receiving communications electronically.

Contact details: connect@oxil.io.

25. Governing law

These User Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, subject to any non-excludable legal rights.

26. General

If any provision of these User Terms is invalid or unenforceable, it will be severed to the extent necessary and the remaining provisions will continue in full force. A failure by Oxil to enforce a provision is not a waiver. These User Terms and the Privacy Policy constitute the entire agreement between you and Oxil regarding your use of the Platform.

Oxil may update these User Terms from time to time. If changes are material, we may notify users via email, in-app notification, or other reasonable means. Continued use after an update constitutes acceptance of the updated User Terms.

27. Workplace Health and Safety – No Safety Management System Representation

You acknowledge and agree that the Platform is not a workplace health and safety management system, is not a substitute for an employer’s statutory duty of care, and is not a certified compliance framework. The Platform does not inspect worksites, verify the implementation of control measures, confirm the adequacy of risk assessments, monitor compliance with safe work method statements, or supervise worker conduct.

Completion of a training module, acknowledgment of a policy, or submission of a digital confirmation through the Platform does not constitute evidence that a person is competent, properly supervised, or compliant with workplace health and safety laws. The Platform records acknowledgments and interactions as entered by users, but it does not independently verify the truth, accuracy, or legal sufficiency of those acknowledgments.

Oxil does not assume, and expressly disclaims, any duty to prevent workplace injury, death, regulatory breach, or non-compliance. Any statutory duties under workplace health and safety legislation, including duties imposed on employers, officers, persons conducting a business or undertaking (PCBUs), or workers, remain solely with the relevant parties under applicable law.

You agree that the existence or use of the Platform does not create a reliance relationship whereby Oxil becomes responsible for monitoring or enforcing workplace safety obligations.

28. Regulatory Compliance and Government Investigations

The Platform may be used by Customers in regulated industries, including industries subject to workplace health and safety legislation, migration schemes, labour hire licensing frameworks, industrial instruments, or other statutory regimes. Oxil does not provide regulatory compliance certification and does not represent that use of the Platform will satisfy any specific legislative requirement.

If a Customer is audited, investigated, prosecuted, reviewed, or examined by a government body, regulator, court, tribunal, or authority, Oxil is not responsible for how the Customer has used, configured, relied upon, or interpreted the Platform. Oxil does not guarantee that data exported from the Platform will satisfy evidentiary standards, statutory recordkeeping requirements, or regulator expectations.

Where Oxil receives a lawful request, subpoena, warrant, or notice requiring disclosure of information, Oxil may comply in accordance with applicable law. To the extent legally permitted, Oxil may notify the relevant Customer of such requests. Oxil is not liable for disclosures made in good faith in compliance with legal obligations.

You acknowledge that regulatory findings, penalties, fines, enforcement notices, or prosecutions arising from workplace operations are the responsibility of the relevant Customer or responsible entity, not Oxil.

29. Force Majeure and Events Beyond Control

Oxil will not be liable for any failure or delay in performance caused by events beyond its reasonable control. Such events may include, without limitation, acts of God, natural disasters, pandemics, industrial disputes, cyber-attacks, telecommunications failures, internet backbone outages, cloud hosting disruptions, government actions, changes in law, or failures of third-party service providers.

Where such an event occurs, Oxil’s obligations will be suspended for the duration of the event to the extent affected. Oxil will use reasonable efforts to restore services once the event ceases, but you acknowledge that complete continuity of digital services cannot be guaranteed in all circumstances.

30. No Third-Party Beneficiaries

These User Terms are intended solely for the benefit of you and Oxil. Nothing in these User Terms confers any right or remedy on any third party, including any Customer, employee, contractor, regulator, or other person, except where required by non-excludable law.

Without limitation, you acknowledge that you do not acquire rights under any Master Licence and Services Agreement between Oxil and a Customer  , and you are not entitled to enforce any term of that agreement.

31. Class Actions and Representative Proceedings

To the extent permitted by law, you agree that any dispute, claim, or proceeding against Oxil arising out of or in connection with the Platform must be brought by you in your individual capacity and not as part of a representative proceeding, class action, or consolidated claim. Nothing in this clause limits rights that cannot be excluded under applicable law, but you acknowledge that this clause reflects the parties’ intention to manage litigation risk proportionately to the value of individual claims.

32. No Fiduciary Relationship and No Advisory Role

You acknowledge that Oxil does not act as a fiduciary, trustee, advisor, guardian, agent, or professional consultant in relation to your use of the Platform. Oxil does not undertake to act in your best interests or to prioritise your interests over those of any Customer or other user. The relationship between you and Oxil is that of software provider and user only.

33. Survival of Key Provisions

The following provisions survive termination or expiry of your access to the Platform: clauses relating to intellectual property, disclaimers, limitations of liability, indemnities, governing law, dispute resolution, no third-party beneficiaries, AI systems, regulatory compliance disclaimers, and any other provision that by its nature is intended to survive termination.

34. Entire Agreement and Amendment

These User Terms, together with the Privacy Policy  , constitute the entire agreement between you and Oxil in relation to your use of the Platform and supersede all prior understandings, communications, and representations regarding that subject matter.

Oxil may amend these User Terms from time to time to reflect changes in law, technology, regulatory requirements, or business operations. Where changes are material, Oxil may provide notice through reasonable means, including in-app notification or email. Your continued use of the Platform following publication of updated User Terms constitutes acceptance of those updates.