Skip to content
Onsite Onsite

Terms and Conditions of Use

About the Application

Welcome to Onsite (the “Application”). The Application provides a building-management software solution for strata committees and building managers (the “Services”). The Application is operated by Onsite FM Pty Ltd. Access to and use of the Application, or any of its associated products or Services, is provided by Onsite FM Pty Ltd. Please read these Terms carefully. By using, browsing and/or reading the Application, you signify that you have read, understood and agree to be bound by these Terms. If you do not agree, you must cease usage of the Application (and any Services) immediately.

Onsite FM Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updates are made, Onsite FM Pty Ltd will use reasonable endeavours to notify you. Any changes take effect immediately upon publication. We recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept these Terms by remaining on the Application. You may also accept the Terms by clicking “Accept” or “Agree” where that option is made available.

Registration to Use the Services

  1. Account creation

    • You must register for an account (an “Account”) through the Application to access the Services.
    • During registration or continued use, you may be required to provide personal information such as your name, email address, telephone number, and a password.
    • You warrant that all information you provide is accurate, correct and up to date.

  2. Eligibility
    You may not use the Services or accept the Terms if:

    • You are not of legal age to form a binding contract with Onsite FM Pty Ltd; or
    • You are barred from receiving the Services under the laws of Australia or the country from which you are accessing the Services.

Your Obligations as a Member

As a registered Member, you agree that:

  • You will use the Services only for purposes permitted by these Terms and by applicable law, regulation or guidelines.
  • You are solely responsible for protecting the confidentiality of your password and/or email address. Any use of your credentials by another person may result in cancellation of the Services.
  • You must notify Onsite FM Pty Ltd immediately of any unauthorised use of your password or any breach of security.
  • Your access and use of the Application is limited, non-transferable, and for your sole use in connection with Onsite FM Pty Ltd providing the Services.
  • You will not use the Services or Application for any illegal or unauthorised purpose, including unsolicited email harvesting or unauthorised framing/linking of the Application.
  • Any automated use of the Application or its Services is prohibited.

Payment

  • All payments for the Services must be made via bank transfer.
  • Payment due date is as specified on each invoice.
  • Onsite FM Pty Ltd may suspend access to the Services if payment is not received by the due date.
  • If payment remains outstanding after suspension, Onsite FM Pty Ltd may terminate the Services and close your account.

Refund Policy

Onsite FM Pty Ltd will only provide a refund of the Services Fee if:

  • Onsite FM Pty Ltd is unable to continue providing the Services; or
  • Onsite FM Pty Ltd’s management, at its absolute discretion, decides it is reasonable under the circumstances.

These Terms and Conditions apply in addition to your rights under the Australian Consumer Law.

  • The Application, the Services, and all related products are protected by copyright under Australian law and international treaties.
  • Unless otherwise indicated, all rights (including copyright) in the Application’s content (text, graphics, logos, code, scripts, design elements, etc.) are owned or controlled by Onsite FM Pty Ltd.
  • You are granted a worldwide, non-exclusive, royalty-free, revocable licence, while you are a Member, to:
    1. Use the Application pursuant to these Terms.
    2. Copy and store the Application and its material in your device’s cache.
    3. Print pages from the Application for your personal, non-commercial use.

All other rights are expressly reserved by Onsite FM Pty Ltd. You may not broadcast, republish, upload, transmit, distribute, adapt, or publicly display any part of the Application without Onsite FM Pty Ltd’s prior written permission, except for publicly available or public-domain material.

Privacy

Your use of the Application and/or Services is subject to Onsite FM Pty Ltd’s Privacy Policy, which is available on request.

General Disclaimer

Nothing in these Terms limits or excludes any guarantees, warranties or conditions implied by law (including the Australian Consumer Law) which may not be lawfully limited or excluded. Subject to that:

  • All terms, guarantees, warranties or conditions not expressly stated are excluded.
  • Onsite FM Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit, opportunity or goodwill arising out of or in connection with the Services or these Terms.

Use of the Application and Services is at your own risk. Everything is provided “as is” and “as available,” without warranty or condition of any kind.

Limitation of Liability

Onsite FM Pty Ltd’s total liability, however arising (contract, tort, statute or otherwise), is limited to the resupply of the Services to you. Onsite FM Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable for any direct, indirect, incidental, special or exemplary damages, including loss of profit or goodwill.

Competitors

Competitors—those providing similar Services for commercial gain—are not permitted to use or access any information or content on our Application. If you breach this provision, Onsite FM Pty Ltd will hold you responsible for any losses we sustain and profits you make from such breach.

Termination of Contract

  1. By you

    • Provide Onsite FM Pty Ltd with 14 days’ written notice of your intention to terminate.
    • Close your Account(s) for all Services you use.

  2. By Onsite FM Pty Ltd
    Onsite FM Pty Ltd may terminate these Terms with you at any time if:

    • You breach, or intend to breach, any provision of these Terms.
    • Onsite FM Pty Ltd is required to do so by law.
    • Onsite FM Pty Ltd determines that provision of Services to you is no longer commercially viable.

Onsite FM Pty Ltd may suspend or deny your access to all or any portion of the Application or Services without notice if you breach any provision of these Terms or any applicable law.

Indemnity

You agree to indemnify Onsite FM Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against any actions, claims, liabilities, costs, expenses or damages (including legal fees on a full indemnity basis) arising from:

  • Your content.
  • Your access to, use of, or attempts to use the Application or Services.
  • Any breach of these Terms.

Dispute Resolution

  1. Compulsory Pre-Action
    Neither party may commence Tribunal or Court proceedings unless the following steps are complied with, except for urgent interlocutory relief.

  2. Notice
    A party claiming a dispute must give written notice (“Notice”) detailing the nature of the dispute, desired outcome, and required action to resolve it.

  3. Resolution
    Within 28 days of the Notice, the parties must endeavour in good faith to resolve the dispute by negotiation or other agreed means. If unresolved after 28 days, the parties must either agree on a mediator or ask the Australian Mediation Association to appoint one. Each party bears half the mediator’s fees and venue costs; each party pays its own legal costs. Mediation takes place in Sydney, Australia.

  4. Confidentiality
    All communications and negotiations under this clause are confidential and treated as “without prejudice.”

  5. Termination of Mediation
    If two months elapse without resolution, either party may ask the mediator to terminate the mediation.

Venue and Jurisdiction

The Services are intended for residents of Australia and New Zealand. Any dispute arising out of or in relation to the Application shall be resolved exclusively in the courts of New South Wales, Australia or in the courts of New Zealand, at the option of Onsite FM Pty Ltd.

Governing Law

These Terms are governed by the laws of New South Wales, Australia, without reference to conflict of law principles. Any dispute arising out of or relating to these Terms shall be governed, interpreted and construed under those laws.

Severance

If any part of these Terms is found to be void or unenforceable by a competent court, that part shall be severed and the remainder of the Terms shall remain in full force and effect.