The short version. We give you a document and forms platform. The templates are a professionally prepared starting point, not legal advice — you decide whether they suit your situation. You own everything you put in and can take it out. You are the organisation responsible for the employee information you collect, and you must tell your people what you are collecting and why. This summary is not part of the agreement; the terms below are.
1. This agreement
These terms form a binding agreement between Vital Consult Pty Ltd (ABN 98 606 631 001) (we, us) and the organisation that opens an account (you, Customer) for use of the VC Vault platform (the Service).
By creating an account, or by using the Service, you accept these terms and our Privacy Policy, which is incorporated into this agreement. If you are accepting on behalf of an organisation, you warrant that you are authorised to bind it.
2. Your account
- You must provide accurate registration details and keep them up to date.
- You are responsible for all activity under your account and for keeping credentials secure.
- You must notify us promptly at admin@vitalconsult.com.au if you suspect unauthorised access.
- The Service is for organisations. It is not offered to consumers for personal or domestic use.
3. Subscriptions, trials and billing
- Access is sold on a subscription basis. Features available depend on your tier.
- Where a free trial is offered, its limits are stated at signup. We may change or withdraw trials at any time.
- Fees are charged in advance through Stripe and, unless stated otherwise, are in Australian dollars and inclusive of GST.
- Subscriptions renew automatically until cancelled. You may cancel at any time from the billing area; cancellation takes effect at the end of the current paid period.
- Fees already paid are not refundable, except where a refund is required by the Australian Consumer Law.
- We may change our fees on 30 days' notice. If you don't accept the change, you may cancel before it takes effect.
- If payment fails we may suspend access until the account is brought up to date.
4. Your licence to use the Service
We grant you a non-exclusive, non-transferable licence to use the Service for your own internal business purposes during your subscription, subject to these terms.
5. Templates and content we provide
We provide policy documents, forms, letters and other templates (Templates). You may use, adapt, brand and issue them within your own organisation for your own compliance purposes, during and after your subscription.
You must not:
- resell, sublicense, distribute or publish the Templates as templates, or as part of a competing product or consulting offering;
- remove or obscure ownership notices; or
- use the Templates to provide document or compliance services to third parties, unless we agree in writing.
We and our licensors own all intellectual property in the Service and the Templates. Nothing in this agreement transfers that ownership.
6. Templates are not legal advice
This is important. The Templates and any guidance in the Service are general information only. They are not legal, financial, taxation, migration or industrial relations advice, and they do not take account of your particular circumstances, your industry, your applicable modern award or enterprise agreement, or the facts of any individual matter.
Employment law, work health and safety law, and taxation law change frequently and differ between States and Territories. You are responsible for satisfying yourself that any document you issue is appropriate, current and lawful for your situation, and for obtaining professional advice where you need it. We are not your lawyer and no lawyer–client relationship arises from your use of the Service.
7. Your data
You own your Customer Data — everything you and your people put into the Service, including documents, completed forms, registers and uploaded files. We claim no ownership of it.
You grant us a limited licence to host, process, transmit, back up and display Customer Data strictly as needed to provide the Service to you, to keep it secure, and as instructed by you. We do not use Customer Data for any other purpose. In particular, we do not sell it, mine it for advertising, or use it to train artificial intelligence models.
You can export your data at any time while your subscription is active.
8. Acceptable use
You must not:
- use the Service unlawfully, or to store or send unlawful, infringing, defamatory or misleading material;
- upload malware, or attempt to gain unauthorised access to the Service, another customer's data, or our infrastructure;
- probe, scan, load-test or penetration-test the Service without our prior written consent;
- scrape, bulk-download or systematically extract the Templates;
- share account credentials outside your organisation, or resell access; or
- collect personal information through the Service that you have no lawful basis to collect.
9. Data processing and privacy — your obligations
This section governs personal information you put into the Service. It is central to how responsibility is divided between us.
9.1 You are the collecting entity
Where you use the Service to collect information about your employees, contractors, volunteers or applicants, you are the entity that collects and controls that information. We host and process it on your behalf and on your instructions. We are not the collecting entity and do not determine what you ask for or why.
9.2 What you must do
You warrant and agree that, in relation to all personal information you collect through the Service, you will:
- comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, whether or not the Act would otherwise apply to you;
- give each individual a collection notice that meets Australian Privacy Principle 5 — who is collecting, why, who it may be given to, and how to access, correct or complain — before or at the time you collect it;
- have a lawful basis to collect what you ask for, and collect only what you reasonably need;
- where you collect tax file numbers, comply with the Privacy (Tax File Number) Rule 2015, including telling the individual that quoting a TFN is voluntary and explaining the consequences of not quoting one;
- handle any sensitive information you collect in accordance with APP 3;
- respond to access, correction and complaint requests from your own people; and
- not use the Service to collect information you are not lawfully entitled to collect.
9.3 What we will do
- process Customer Data only to provide the Service, to secure it, and as you instruct;
- keep the security measures described in our Privacy Policy;
- restrict access to personnel who need it to support, maintain and secure the Service;
- store Customer Data in Australia;
- notify you without undue delay if we become aware of a data breach affecting your Customer Data, and give you the information you reasonably need to assess it and to meet your own obligations under the Notifiable Data Breaches scheme; and
- on request, help you respond to an individual's access or correction request.
9.4 Indemnity
You indemnify us against any claim, penalty, loss or cost we suffer arising from your breach of this section 9 — in particular a failure to give collection notices, a failure to comply with the TFN Rule, or collecting personal information without a lawful basis. This indemnity is reduced to the extent our own act or omission caused the loss.
10. Availability and support
We aim to keep the Service available at all times, but we do not guarantee uninterrupted access. We may perform maintenance, and will give reasonable notice of planned outages that will materially affect you where practical. We may modify or discontinue features; if we discontinue a material feature we will give you reasonable notice.
Support is provided by email to admin@vitalconsult.com.au during Australian business hours.
11. Third-party services
The Service relies on third parties including Amazon Web Services and Stripe. Their acts and omissions are outside our control, and we are not liable for failures caused by them, beyond our obligation to take reasonable care in selecting and managing them.
12. Australian Consumer Law
Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability under a non-excludable guarantee can be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.
13. Disclaimers
Subject to section 12, the Service and the Templates are provided "as is". We do not warrant that the Service will be error-free, that it will meet your requirements, or that any Template is suitable, current or sufficient for your particular circumstances, industry or jurisdiction.
14. Limitation of liability
Subject to section 12, and to the maximum extent permitted by law:
- neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, or data (beyond the cost of restoring it from backup); and
- our total aggregate liability arising out of or in connection with this agreement in any 12-month period is limited to the total fees you paid us in the 12 months before the event giving rise to the liability.
We are not liable for any loss arising from your use of a Template that was not appropriate for your circumstances, or from a decision you made based on one — see section 6.
Each party must take reasonable steps to mitigate its loss.
15. Suspension and termination
- You may cancel at any time from the billing area.
- We may suspend or terminate your account if you materially breach these terms and do not fix the breach within 14 days of written notice, if your payment fails and remains unpaid, or immediately if your use poses a security or legal risk.
- On termination, you may export your Customer Data for 90 days. After that we delete it, except where we must keep it by law. Ask us in writing at admin@vitalconsult.com.au if you need earlier deletion.
- Sections 5, 6, 7, 9.4, 12, 13, 14 and 17 survive termination.
16. Changes to these terms
We may update these terms. The version and effective date at the top of this page show the current text. For material changes we will give account holders at least 30 days' notice by email, and may ask you to accept the new terms. Continuing to use the Service after the effective date means you accept the change. If you don't accept, you may cancel before it takes effect.
17. General
- Governing law. This agreement is governed by the laws of Western Australia, and each party submits to the non-exclusive jurisdiction of its courts.
- Confidentiality. Each party must keep the other's confidential information confidential and use it only for this agreement.
- Assignment. You may not assign this agreement without our written consent. We may assign it to a related entity or in connection with a sale of our business.
- Notices. Notices to us go to admin@vitalconsult.com.au. Notices to you go to your registered account email.
- Entire agreement. These terms and the Privacy Policy are the whole agreement between us on this subject.
- Severability. If any provision is unenforceable it is severed, and the rest continues.
- No waiver. A failure to enforce a right is not a waiver of it.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
18. Contact
Vital Consult Pty Ltd · ABN 98 606 631 001
admin@vitalconsult.com.au