Terms & Conditions of Use

These Terms and Conditions (“Terms”) govern your access to and use of the Bunya Bowtie web application and related services (the “Service”), operated by Bluestone HSE Pty Ltd (ABN 71 614 588 411) trading as Bunya Bowtie (“Bunya Bowtie”, “we”, “us” or “our”). By creating an account or using the Service you agree to these Terms. If you do not agree, you must not use the Service.

1 The Service

Bunya Bowtie is a hosted software tool for creating, editing and managing bowtie risk-and-control analysis diagrams. We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Service for your internal business purposes, subject to these Terms.

2 Accounts

Access to the Service may be granted by invitation or, where offered, by registering online. You must provide accurate account details, keep your login credentials secure and confidential, and are responsible for all activity under your account. Accounts are for a single named user and must not be shared. You must notify us promptly of any unauthorised use. If you use the Service for an organisation, you confirm you are authorised to bind that organisation to these Terms.

3 Acceptable use

You must not:

• use the Service unlawfully or in breach of these Terms;
• copy, modify, reverse engineer, decompile or create derivative works from the Service;
• resell, sublicense or make the Service available to any third party;
• attempt to gain unauthorised access to, interfere with, or compromise the security or integrity of the Service;
• upload malicious code or unlawful, infringing or offensive material; or
• use the Service to develop a competing product.

4 Your content and data

You retain all rights in the data, diagrams and other content you create or upload (“Your Content”). You grant us a non-exclusive licence to host, store, process and back up Your Content solely to operate and provide the Service. You are responsible for Your Content and warrant that you have the rights to use it. You are also responsible for keeping your own backups of Your Content; while we take reasonable steps to protect and back up data, you should not rely on the Service as your only copy. Our handling of personal information is set out in our Privacy Policy.

5 Professional responsibility

The Service is a tool to help you document and visualise risk. It does not constitute professional, safety, engineering, legal or other advice, and is not a substitute for your own competent risk assessment or your legal and work health and safety obligations. Outputs depend entirely on the information you enter. You are solely responsible for the accuracy, completeness and suitability of your risk analyses and for any decision or action taken in reliance on them. You must not rely on the Service as the sole basis for any safety-critical decision.

6 Availability and changes

We aim to keep the Service available but do not warrant that it will be uninterrupted, timely, secure or error-free. We may carry out maintenance and may modify, suspend or discontinue any part of the Service. Some features may be offered on a beta or trial basis and may change or be withdrawn without notice. If we permanently discontinue the Service, or make a change that materially reduces the core functionality of a paid plan you are using, you may terminate the affected subscription by notice to us and we will refund any prepaid fees for the unused portion of your current term.

7 Fees, subscriptions and billing

Some plans may be offered free of charge; others are paid. Paid access is provided either (a) by invitation, invoiced to you or your organisation with payment due as stated on the invoice, or (b) by online subscription paid in advance through our third-party payment provider. Subscriptions may be monthly or annual and renew automatically for a further period of the same length at the then-current price until cancelled; we will notify you before each renewal. You may cancel at any time; your subscription then continues until the end of the current paid period and is not renewed. Unless stated otherwise, fees are exclusive of GST, which is added where applicable. Fees already paid are non-refundable except where required by law. We may change fees or plans on reasonable notice, with changes taking effect from your next renewal or invoice. We may suspend or restrict access for overdue payment.

8 Intellectual property

The Service, including all software, design and the Bunya Bowtie name, logos and branding, is owned by us or our licensors and is protected by law. Except for the limited licence granted to you in these Terms, no rights are granted to you. If you give us feedback or suggestions about the Service, you grant us a perpetual, royalty-free right to use them without restriction or any obligation to you.

9 Third-party services

The Service relies on third-party providers, including hosting, authentication and payment services. We are not responsible for third-party services, and your use of them may be governed by their own terms.

10 Disclaimer

To the maximum extent permitted by law, the Service is provided “as is” and “as available” and we exclude all implied warranties, representations and guarantees. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or other law that cannot lawfully be excluded.

11 Limitation of liability

To the maximum extent permitted by law: (a) we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, goodwill or business, however arising; and (b) our total aggregate liability in connection with the Service is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the liability, or, where no fees were paid, AUD $100. Where our liability cannot be excluded but can be limited, it is limited (at our option) to re-supplying the Service or paying the cost of re-supply.

12 Indemnity

You indemnify us against liability to any third party (including reasonable legal costs) arising from Your Content or from your breach of these Terms or your misuse of the Service. We will notify you promptly of any such claim, allow you to control its defence, and provide reasonable cooperation at your expense. This indemnity does not apply to the extent the claim is caused by our own breach, negligence or wrongful act.

13 Suspension and termination

We may suspend or terminate your access immediately if you breach these Terms, if you fail to pay fees when due, if you become insolvent or cease to operate, or if we are required to by law. You may stop using the Service at any time. On termination your licence ends. We will make Your Content available for export for a reasonable period, after which we may delete it.

14 Changes to these Terms

We may update these Terms from time to time. We will post the current version and, where changes are material, take reasonable steps to notify you. If a change materially and adversely affects you, you may terminate your subscription by notice within 30 days after the change takes effect, and we will refund any prepaid fees for the unused portion of your current term. Otherwise, your continued use of the Service after changes take effect constitutes acceptance.

15 Publicity and customer reference

You agree that we may identify your organisation as a customer of the Service and use its name and logo in our marketing materials, including our website. If you would prefer that we not identify your organisation as a customer or use its logo, you can let us know at any time at hello@bunyabowtie.com and we will stop making new use of it within a reasonable period.

16 Force majeure

Neither party is liable for any failure or delay in performing its obligations (other than an obligation to pay money) to the extent caused by an event beyond its reasonable control, including natural disaster, fire, flood, pandemic, war, terrorism, industrial action, government action, or failure of telecommunications, internet or power infrastructure.

17 Governing law

These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland.

18 General

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in force. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor or acquirer. Clauses that by their nature should survive termination — including those on intellectual property, disclaimers, limitation of liability, indemnity, and governing law — continue in force after these Terms end. These Terms are the entire agreement between you and us regarding the Service.

19 Contact