WHSEQ Pty Ltd (trading as HSE Direct)
ABN: 35 671 865 428
Email: contact@hsedirect.com.au
Website: hsedirect.com.au

Last Updated: 31 October 2025

1. Disclaimer and Limitation of Liability

1.1 General Disclaimer

The information, advice, documents and materials provided by HSE Direct through our website, consultations, training programs, audits and advisory services (“Services”) are provided on an “as is” basis. While we exercise due care and professional skill in delivering our Services, HSE Direct does not guarantee the accuracy, completeness, timeliness or reliability of any information or advice provided.

HSE Direct is not liable for any indirect, consequential, special, incidental, punitive or exemplary damages arising from the use of or reliance on our Services, advice or materials, including but not limited to loss of business, revenue, profit, data, opportunity or goodwill.

1.2 Limitation of Liability

Except where prohibited by law, HSE Direct’s total aggregate liability to you arising from or relating to your engagement of our Services shall be limited to the fee paid for the particular Service in question.

This limitation does not apply to:

• Death or personal injury caused by our negligence
• Fraud, dishonesty or intentional misconduct
• Liability that cannot be excluded under the Australian Consumer Law
• Breaches of statutory guarantees under the Competition and Consumer Act 2010 (Cth)

1.3 Professional Negligence

HSE Direct will exercise professional care, skill and diligence in providing Services consistent with industry standards for workplace health and safety consultants. However, we cannot be held responsible for losses arising from the professional judgment exercised in our advisory capacity, including recommendations not implemented by you or third parties, or circumstances beyond our reasonable control.

Our liability for any claim of professional negligence shall be limited to the fees paid for the Service giving rise to the claim, unless a greater liability is imposed by statute and cannot be excluded.

2. Professional Indemnity Insurance

2.1 Coverage

HSE Direct holds professional indemnity insurance coverage in accordance with industry standards for workplace health and safety consultants. Our insurance provides coverage for civil liability including professional negligence claims arising from the provision of our Services.

2.2 No Representation or Guarantee

The existence of professional indemnity insurance does not constitute a guarantee or representation that all claims will be covered. All insurance is subject to the terms, conditions, exclusions and limits of the insurance policy held.

2.3 Claims Process

Any claim arising from our Services must be notified to HSE Direct in writing as soon as practicable, but in any case within 90 days of becoming aware of the circumstances giving rise to the claim.

3. Exclusion of Liability for Free Consultation Services

3.1 Regional Community Services

HSE Direct provides free preliminary health and safety consultations to businesses and organisations located in the regional areas of Armidale, Uralla and Gulgong as part of our commitment to advancing community wellbeing and industry standards in rural New South Wales.

3.2 Purpose of Free Consultations

These free consultation services are provided exclusively for the betterment of the community and advancement of workplace health and safety standards within these regions. We do not seek any financial gain, commercial advantage, competitive positioning or marketing benefit through the provision of these services.

3.3 No Liability for Free Services

To the maximum extent permitted by law, HSE Direct excludes all liability—whether arising in contract, tort (including negligence), statute or otherwise—for any loss, damage, injury or other consequence arising from or related to free consultation services provided under this scheme.

This exclusion includes but is not limited to:

• Any business decisions made by recipients based on free consultation advice
• Implementation or non-implementation of recommendations provided during free consultations
• Workplace incidents or injuries occurring after free consultation services
• Regulatory non-compliance or penalties despite free consultation provision
• Economic losses, business losses or reputational damage

3.4 No Legal Recourse for Free Services

Organisations and businesses receiving free consultation services accept and acknowledge that they waive their right to pursue any legal claims against HSE Direct relating to those free consultation services. This waiver is in consideration of the free provision of services that would otherwise be provided only on a paid, contractual basis.

3.5 No Representation or Agency

HSE Direct does not represent, endorse, guarantee or assume any responsibility for the workplace health and safety practices, management systems, compliance status or conduct of any business or organisation that receives our free consultation services. Provision of free consultations does not create any agency relationship, joint venture, partnership or other legal relationship between HSE Direct and recipient organisations.

4. Unfair Contract Terms

4.1 ACL Compliance

HSE Direct acknowledges that certain terms of this Legal Notice and our engagement agreements may be subject to the unfair contract terms protections under the Australian Consumer Law (“ACL”).

Notwithstanding anything in this Legal Notice, HSE Direct will not rely on any exclusion or limitation of liability clause that:

• Causes a significant imbalance in the parties’ rights and obligations
• Is not reasonably necessary to protect our legitimate interests
• Would cause detriment to you if enforced
• Excludes liability for misleading or deceptive conduct

4.2 Consumer Guarantees

Our limitation of liability does not exclude or restrict any guarantee or right conferred on you under the Australian Consumer Law regarding:

• Goods being fit for their purpose
• Services being provided with due care and skill
• Goods being of acceptable quality
• Services being provided within a reasonable time

Where we provide Services to you and you are a consumer (acquiring the Services wholly or predominantly for personal, domestic or household purposes), the statutory guarantees under the ACL apply and cannot be excluded.

5. Intellectual Property Rights and Copyright

5.1 Copyright Notice

© 2025 WHSEQ Pty Ltd trading as HSE Direct. All rights reserved.

All original content, materials, documents, designs, graphics, images, text, software code, templates, methodologies and other works created or prepared by HSE Direct (“Our Materials”) are the exclusive intellectual property of WHSEQ Pty Ltd.

5.2 Ownership of Materials

Unless otherwise expressly agreed in writing, copyright and all intellectual property rights in Our Materials are retained solely by WHSEQ Pty Ltd. This includes:

• Website content, blog posts, articles and educational materials
• Safety management system templates and audit checklists
• Training materials, presentations and workshop content
• Risk assessment frameworks and methodologies
• Incident investigation reports and recommendations
• Emergency response plans and business continuity materials
• Compliance tools, spreadsheets and documents
• Logos, branding and design elements
• Software, applications or digital tools developed by HSE Direct

5.3 Limited License

When you engage HSE Direct for Services, you are granted a limited, non-exclusive, non-transferable license to use Our Materials solely for the internal business purpose for which they were provided. This license does not include the right to:

• Reproduce, copy or duplicate Our Materials
• Modify, adapt, translate or create derivative works
• Distribute, sublicense or sell Our Materials
• Use Our Materials for commercial purposes outside your engagement with us
• Publish Our Materials publicly or on the internet
• Use Our Materials as templates for clients if you are a consultant or agency

5.4 Client-Generated Materials

Materials, documents and information prepared specifically for your organisation during an engagement (such as audit reports, risk assessments or incident investigation findings) are owned by you, provided that Our Materials, methodologies, templates and intellectual property embedded within those documents remain the property of HSE Direct. You may use these client-specific materials for your internal business purposes.

5.5 Prohibited Uses

You must not, without prior written permission from HSE Direct:

• Reproduce, distribute or publicly display Our Materials
• Create derivative works or adaptations
• Reverse engineer, decompile or disassemble any software or tools
• Use Our Materials to compete with HSE Direct or offer similar services
• Claim authorship of Our Materials or remove copyright notices
• Use Our Materials for purposes other than those intended

5.6 Third-Party Intellectual Property

Our website and Services may contain links to or references to third-party content, materials or intellectual property. HSE Direct does not own or endorse such third-party materials and is not responsible for their content, accuracy or legality. Any use of third-party materials is subject to the copyright and licensing terms set by the original copyright holder.

5.7 Attribution and Accreditation

If you are permitted to reference or attribute Our Materials, you must provide clear attribution in the form: “© WHSEQ Pty Ltd trading as HSE Direct” and include a reference to our website.

5.8 Enforcement of Copyright

HSE Direct actively protects its intellectual property rights. Any unauthorised use of Our Materials will be treated as copyright infringement and may result in legal action, including claims for damages, injunctive relief and recovery of legal costs.

6. Indemnification

6.1 Your Indemnity to HSE Direct

You agree to indemnify, defend and hold harmless WHSEQ Pty Ltd, HSE Direct, our employees, contractors, partners and representatives from any claims, damages, costs (including legal costs), losses or expenses arising from:

• Your use of our Services in a manner not recommended or authorised
• Your breach of this Legal Notice or any engagement agreement
• Your infringement of third-party intellectual property rights
• Claims by third parties relating to information or materials you have provided to us
• Your negligence or misconduct in implementing our recommendations
• Your violation of any law, regulation or legal duty

6.2 HSE Direct’s Indemnity

HSE Direct will indemnify you against third-party claims that our Services, advice or materials infringe any copyright, trademark, patent or other intellectual property right of a third party, provided you have not modified our materials or used them in an unauthorised manner.

7. Accuracy and Completeness of Information

7.1 Website Information

While we take care to ensure information on our website is accurate and current, HSE Direct does not warrant that all information is free from errors, omissions, inaccuracies or out-of-date content. Workplace health and safety legislation, standards and best practices are subject to frequent change, and our website may not always reflect the most recent updates.

7.2 Legislative Compliance

Our advice and materials are based on applicable legislation, standards and regulations current at the time of delivery. We do not accept liability for changes in legislation, new regulatory developments or amendments occurring after the date our Services are provided.

Users of our website and Services must verify all information against current legislation and regulatory requirements and should not rely solely on our materials for legal compliance decisions.

7.3 Professional Advice Disclaimer

None of the information, materials or advice on our website or provided through our Services constitutes formal legal advice, engineering advice or accounting advice. If you require specialist legal, financial or engineering advice, you should consult an appropriately qualified professional.

8. Third-Party Links and Resources

HSE Direct’s website may contain links to external websites, resources and services operated by third parties. These links are provided for convenience and informational purposes only. We do not:

• Endorse, approve or assume responsibility for the content of linked websites
• Warrant the accuracy, currency or legality of third-party materials
• Accept liability for any loss or damage arising from accessing third-party resources
• Accept responsibility for the privacy or data protection practices of external sites

Your use of third-party websites is governed by their own terms and privacy policies. Please review those terms before proceeding.

9. Modifications and Updates

9.1 Changes to Services and Materials

HSE Direct reserves the right to modify, update, suspend or discontinue our Services, website or materials at any time without notice. We are not liable for any loss or inconvenience resulting from such changes.

9.2 Changes to Legal Notice

We may update this Legal Notice from time to time. The updated version will be posted on our website with an updated “Last Updated” date. Your continued use of our Services constitutes acceptance of the updated terms.

10. Severability

If any provision of this Legal Notice is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue to apply to the maximum extent permitted by law. We will replace any invalid provision with a valid provision that achieves the same commercial and legal purpose.

11. Governing Law and Dispute Resolution

11.1 Governing Law

This Legal Notice and any dispute arising from or relating to our Services shall be governed by the laws of New South Wales, Australia, without regard to its conflict of law principles.

11.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any legal proceedings arising from this Legal Notice or our Services.

11.3 Alternative Dispute Resolution

Before commencing any legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation or mediation, which may help avoid costly litigation.

12. Contact and Notices

12.1 Contacting HSE Direct

If you have questions regarding this Legal Notice or wish to report a copyright infringement or other intellectual property concern, please contact us:

WHSEQ Pty Ltd trading as HSE Direct
Email: contact@hsedirect.com.au
ABN: 35 671 865 428

12.2 Notice to HSE Direct

Any formal notice or legal notice under this Legal Notice must be provided in writing via email to contact@hsedirect.com.au. Notices are deemed received upon opening.

13. Entire Agreement

This Legal Notice, together with any engagement agreement, service agreement or contract between you and HSE Direct, constitutes the entire agreement between the parties regarding your engagement of our Services. This Legal Notice supersedes all prior negotiations, agreements and understandings.

This Legal Notice complies with Australian Consumer Law, the Copyright Act 1968 (Cth), professional practice standards for workplace health and safety consultants, and case law regarding limitation of liability, exclusion clauses and disclaimers in Australia.