These Terms and Conditions (“Terms”) apply to your use of the Assure Safe website (assure-safe.com) and any templates, documents, downloads, audits, assessments or resources accessed through it (together, the “Service”). By using the Website or downloading a resource, you (“you”, “Client”) agree to be bound by these Terms.

If you subscribe to an Assure Safe Plan (Essential, Classic, Professional, and Premier), your engagement is also governed by a signed Contract for Services and Licence Agreement between you and us (“Agreement”). These Terms and your Agreement work together; if the two conflict on any point, your Agreement prevails.

If you do not agree to these Terms, please do not use the Service.

1. Definitions

1.1  “Agreement” means, for Plan subscribers, the signed Contract for Services and Licence Agreement between you and us, which together with these Terms governs your Plan.

1.2  “Company”, “Assure Safe”, “we”, “us”, “our” means Assure Safe Limited (NZBN: 9429053136268), or the related body corporate providing the Service.

1.3  “Client Area” means the password-protected member area of the Website where subscribers access templates, documents and resources.

1.4  “Content” means all templates, work method statements, policies, guides, training resources, checklists, audit reports and other materials made available through the Service.

1.5  “Default Interest Rate” means 10% per annum, chargeable on overdue payments under your Agreement.

1.6  “Deposit” means the one-off deposit payable for your Plan, as set out in your Agreement.

1.7  “Fee(s)” means the Plan fee(s), Deposit, monthly service fee, additional support hours and/or one-off purchase fee(s) payable for the Service.

1.8  “Initial Contract Period” means the initial fixed term of your Plan, currently 24 months, as set out in your Agreement.

1.9  “Plan” means one of the Assure Safe subscription plans (currently Essentials, Classic, Professional, and Premier) as described on the Website.

1.10  “Term” means the Initial Contract Period, including any renewed period.

1.11  “Total Subscription Fee” means the total amount payable under your Agreement for the Term.

1.12  “Website” means assure-safe.com.

1.13  “Working Day” means a day other than a Saturday, Sunday or New Zealand public holiday.

2. About The Service

2.1  Assure Safe offers four Plans: Essential (up to 10 hours of support per year), Classic (up to 15 hours per year) , Professional (up to 25 hours per year) and Premier (up to 30 hours per year). All Plans include an initial review, development and implementation of your health and safety documentation, proactive support during the first year, and advisory access for the rest of your Term.

2.2  The Classic Plan includes 1 office or site audit per year, the Professional Plan includes 2 per year and the Premier Plan includes 2 per year. The Essentials Plan does not include an office or site audit.

2.3  If you subscribe to a Plan, that engagement is formalised through a signed Agreement, which sets out your specific Fees, Deposit, Term and support hours. These Terms cover your general use of the Website; your Agreement governs the commercial terms of your Plan.

2.4  Where an office or site audit or workplace risk assessment forms part of your Plan, it is scoped to what your Agreement describes. If your business needs more detailed, bespoke or ongoing support beyond your Plan, we may refer you to a specialist provider such as our sister company, The Safety Lab, which operates under separate terms.

3. Eligibility & Your Account

3.1  To access a Plan or the Client Area, you must register for an account and provide accurate, current information about yourself and your business.

3.2  You are responsible for keeping your login details confidential and for all activity that occurs under your account. Notify us immediately at info@assure-safe.com if you suspect unauthorised use.

3.3  The Service is intended for businesses operating in New Zealand. If you operate outside New Zealand, some Content may not reflect your local legal requirements.

3.4  Communications relating to your Agreement or Plan will be sent to the email address you give us. You must tell us promptly if your contact or business details change, and you agree that we may communicate with you electronically.

4. Fees & Payment

4.1  Fees for one-off downloads are as set out on the Website at the time of purchase, in New Zealand dollars, exclusive of GST unless stated otherwise.

4.2  If you subscribe to a Plan, your Deposit, monthly Plan fee, Initial Contract Period and payment schedule are as set out in your Agreement. A monthly service fee of $15 plus GST applies in addition to your Plan fee for the Term.

4.3  Support hours beyond those included in your Plan are charged at our standard hourly rate, currently $150 plus GST per hour, subject to a minimum purchase of 15 hours, and are payable in addition to your Total Subscription Fee.

4.4  We use a third-party payment processor to handle payments. We do not store your full card details.

4.5  If a payment remains overdue for more than 30 days, we may charge interest at the Default Interest Rate and register a default with a credit agency. We may suspend the Service until payment is received.

4.6  We may change our Fees from time to time. For Plan subscribers, we will notify you of any Fee changes at least 30 days before they take effect.

4.7  One-off downloads and tailoring services are paid in full at the time of purchase and grant access immediately on payment confirmation.

5. Term, Renewal, Cancellation & Refunds

5.1  If you hold a Plan, your Agreement automatically renews at the end of your Initial Contract Period for successive 12-month terms at the applicable monthly rate, unless you give us at least one month’s written notice before the end of the relevant Term. We will email you a reminder at least 90 days before your Term ends, along with any Fee changes.

5.2  If you cancel your Plan before the end of your Initial Contract Period, an early termination settlement applies, equal to the discounted balance of your remaining instalments for that Term, as set out in your Agreement.

5.3  No refunds apply for support hours used or unused, or for payments already made, except as required by law.

5.4  One-off downloads are non-refundable once accessed, except as required by law.

5.5  We may suspend or terminate your access if a payment remains overdue, or if we reasonably believe you have breached these Terms or your Agreement (including clause 6).

6. Your License To Use Our Content

6.1  All Content remains our intellectual property (or that of our licensors). We keep a copy of all documentation we supply to you.

6.2  We grant you a non-exclusive, non-transferable licence to use Content solely for the internal health and safety purposes of the single business named on your account or Agreement. For Plan subscribers, this licence applies for the Term of your Agreement and ends when your Agreement ends or expires.

6.3  You must not resell, sub-licence, redistribute, or share Content or your account access with any other business or individual outside your own organisation, or use Content to build a competing product or service.

6.4  You may adapt Content to reflect your own workplace. We are not responsible for updates or changes you or your staff make to Content after we supply it (see clause 8).

7. Your Responsibilities

7.1  You confirm that all information you give us is true and accurate, and that no material fact has been misstated or withheld.

7.2  You are responsible for reviewing, tailoring and applying any Content to reflect the actual hazards, risks, and operating conditions of your specific workplace before relying on it.

7.3  You remain solely responsible for your business’s compliance with the Health and Safety at Work Act 2015 and any other applicable law. Nothing in the Service transfers your statutory duties as a PCBU (person conducting a business or undertaking) to us.

7.4  Where your Plan includes an office or site audit or workplace risk assessment, you must give us reasonable access to your premises and accurate information so we can carry it out.

8. No Professional Advice / Limitation Of Liability

8.1  Self-serve Content, templates and guidance are general in nature. They are not a substitute for a site-specific risk assessment or professional health and safety advice tailored to your workplace, and should not be relied on as such without being reviewed and adapted to your own operations.

8.2  Where your Plan includes an office or site audit or workplace risk assessment, this reflects the conditions we observe at the time of the visit and the information you give us. It does not remove your ongoing duty to identify and manage risks that arise, or that we did not observe, after that visit.

8.3  We are not a law firm, and nothing we provide is a substitute for legal advice. If legal advice becomes necessary, we can help you engage a third-party legal adviser, but the cost of that advice is your responsibility, not ours.

8.4  We are not a PCBU in respect of your workplace and do not accept responsibility for how Content or audit and assessment findings are implemented, or for any incident, harm, loss or regulatory outcome arising from your use, or misuse, of the Service.

8.5  We will not be liable to you for any loss, claim, breach or damage arising under or in connection with the Service, except to the extent caused by our negligence. Subject to that, our total liability to you is limited to the Total Subscription Fee payable under your Agreement, or, for purchases outside a Plan, the Fees you paid for the relevant download.

8.6  Nothing in this clause excludes or limits any liability that cannot lawfully be excluded or limited, or liability for death or personal injury caused by our negligence.

9. Availability & Changes To The Service

9.1  We aim to keep the Website and Client Area available, but don’t guarantee uninterrupted access. We may update, add to, or remove Content from time to time to keep it current with legislative and best-practice changes.

9.2  We may update these Terms, and your Agreement’s Key Terms, from time to time, provided any change does not materially disadvantage you. We will notify you by email at least 30 days before a change takes effect. Continued use of the Service after that date means you accept the change.

9.3  Approaching the anniversary of your Plan, we will review your support hours and subscription package, and let you know by email if we recommend a change.

10. Termination

10.1  We may terminate your Agreement at the end of your Term by giving at least one month’s written notice, or immediately if a payment remains overdue for more than 60 days or you materially breach these Terms or your Agreement.

10.2  You may terminate your Agreement at any time by giving us written notice, provided all amounts due have been paid, including any early termination settlement under clause 5.2 and payment for any support hours used but not yet invoiced.

10.3  On termination or expiry, your right to access the Client Area and Content ends, and your licence under clause 6 ends with it. Terms intended to survive termination, including clause 6.1 (our ownership of Content) and clause 8 (liability), continue to apply.

11. Privacy

11.1  Our collection and use of your personal information is set out in our Privacy Policy, available at assure-safe.com/privacy-policy, which forms part of these Terms.

12. General

12.1  Entire agreement: These Terms, your Privacy Policy, and (if applicable) your Agreement are the entire agreement between you and us regarding the Service and replace any prior discussions or agreements.

12.2  Severability: If any part of these Terms is found unenforceable, the rest continues to apply.

12.3  Assignment: We may assign or transfer our rights and obligations under these Terms at any time. You may not assign your account, Agreement or these Terms without our prior written consent.

12.4  Governing law: These Terms are governed by New Zealand law, and both parties submit to the exclusive jurisdiction of the New Zealand courts.

12.5  Business purposes: You acknowledge that the Content, Plans and Service are acquired for the purposes of your business or trade. The parties agree that the Consumer Guarantees Act 1993 does not apply. To the extent permitted under section 5D of the Fair Trading Act 1986, you agree that sections 9, 12A, 13 and 14(1) of that Act do not apply, and that this is fair and reasonable in the circumstances. 

 

Last updated: August 2026