Version 5.0 • Effective 3 October 2026 • MXM Institute • ABN 12 335 492 477
Questions about these terms?
Contact us| Term | Definition |
|---|---|
| Agreement | This End User Licence Agreement as published at this URL on your Commencement Date. |
| Commencement Date | The date you accept MXM Institute's quote or pay its invoice for SafeBase, whichever is earlier. |
| Product | The SafeBase WHS System: the WHS documents and registers, the digital portal, and associated materials, as configured for you and delivered under this Agreement. |
| Implementation | The work MXM Institute does to set the Product up for you: configuring it for your business, generating and issuing your documents, installing the portal on your Server, and setting up your logins. |
| Customer / you | The individual or legal entity named in MXM Institute's quote and invoice (one ABN). |
| Server | The server or hosting service on which the Product is installed, which you control or arrange. |
| Authorised User | A person you give a SafeBase login. |
| Customised Output | The documents, registers and portal configuration MXM Institute produces for you in the Implementation. |
| Excluded Claims | Claims arising from: (i) personal injury or death caused by MXM Institute's negligence; (ii) fraud; (iii) liability that cannot be limited by law; (iv) IP warranty obligations; (v) wilful misconduct or reckless conduct by MXM Institute; (vi) unauthorised disclosure of confidential information by MXM Institute. |
SafeBase is supplied only through an Implementation by MXM Institute. It is quoted for your business and invoiced directly by MXM Institute. It is not sold as a download or through an online checkout.
The price, what the Implementation includes and the payment terms are set out in your quote and invoice. If a quote or invoice is inconsistent with this Agreement about price, scope or payment terms, the quote or invoice prevails. Otherwise this Agreement prevails.
This Agreement is binding from your Commencement Date. Updates to product documentation or user guides do not amend this Agreement unless expressly accepted by you. Updated versions of this Agreement apply to new orders only.
Earlier purchases: MXM Institute no longer sells the Single Business Licence, the Consultant Base Licence or Client Implementation Packs. A licence bought before 3 October 2026 remains governed by the version of this Agreement in force when you bought it.
Once MXM Institute has been paid in full, it grants you a non-exclusive, non-transferable, perpetual (unless terminated) licence, for one legal entity (one ABN), to: use the Product for your own internal WHS management; let your Authorised Users use it; customise the Product with your business details (keeping all copyright notices and SafeBase attribution); and distribute Customised Outputs internally.
You must not: provide WHS consulting or implementation services to any third party using the Product; share, resell, or transfer the Product; use it for any entity other than the one named in the invoice; install it on, or give access to it from, another business's server or systems; remove copyright notices or attribution; claim ownership of the Product; or copy, adapt, extract, reverse engineer, repackage, or use any substantial part of the Product to create or supply a competing WHS template system, document suite, dashboard, portal, digital product, or substantially similar product.
MXM Institute will carry out the Implementation described in your quote with due care and skill. Unless your quote says otherwise, that means configuring the Product for your business and state, generating your documents, reviewing them before they are issued to you, installing the portal on your Server, and setting up your logins and roles. MXM Institute will give you an expected timeframe. Timeframes are estimates unless agreed in writing.
You must give MXM Institute accurate information (including your state, sites, titles, response times and targets), access to your Server when it is needed, and the details of the consultation you have held with your workers. You are responsible for consulting your workers as WHS law requires; MXM Institute records the details you give it. You must review your documents before relying on them, and tell MXM Institute promptly if something is wrong or missing.
MXM Institute's review before your documents are issued checks that they have been set up as described in your quote. It is not an audit of your workplace and does not certify that you comply with WHS law.
The Product runs on your Server and your records are saved there. Unless your quote says MXM Institute will host the Server, you are responsible for it, and MXM Institute does not hold or receive your records. If you ask MXM Institute for help on your Server, it will access the Server only for that purpose.
You are responsible for: the Server and its hosting, security updates and encrypted connection (HTTPS); backing up the Server, including the folders where SafeBase keeps your records and uploaded files; who you give logins to and what role each login has (an Owner can change roles); keeping logins private; and the accuracy and lawfulness of what is recorded, including personal information about workers and contractors.
The Product relies on software and services that MXM Institute does not supply or control, such as your hosting provider, web server and operating system, and any optional virus-scanning, email or file-storage service (for example SharePoint or Google Drive). Their terms apply to your use of them. MXM Institute is not responsible for their availability or for changes to them.
Unless your quote says otherwise, support and updates after the Implementation are not included. MXM Institute may offer them separately and may release updates at its discretion. Nothing in this clause limits your rights under the Australian Consumer Law.
All IP in the SafeBase WHS System remains owned by MXM Institute. You own your records and your original contributions to a Customised Output. MXM Institute warrants that, to its knowledge at your Commencement Date, the Product does not infringe any third-party IP. This warranty does not cover infringement arising from your modifications, combination with third-party materials, or use outside the permitted scope.
MXM Institute does not warrant that the Product will be suitable for your particular workplace, industry, jurisdiction, risk profile, or audit requirements unless expressly agreed in writing.
Subject to ACL rights and Excluded Claims, MXM Institute's total liability is limited to the amount you paid for the SafeBase Implementation. MXM Institute is not liable for indirect, consequential, or punitive losses. Excluded Claims (defined in clause 1) are not subject to this limitation.
The licence is perpetual unless terminated. Material breaches include: unauthorised resale; use for any entity other than the one named in the invoice; giving another business access to the Product; removal of attribution to misrepresent ownership; or copying SafeBase to create a competing digital product. MXM Institute gives 14 days' notice to remedy where the breach is capable of remedy.
MXM Institute may discontinue selling, supporting, or updating the Product at any time. Discontinuation does not terminate any perpetual licence already granted.
Good faith negotiation, then mediation (Queensland Law Society appointee). Mediator costs shared equally. Nothing prevents regulatory complaints, ACL rights, or tribunal proceedings.
Queensland, Australia. Non-exclusive jurisdiction of Queensland courts.
SafeBase and licence enquiries, or suspected misuse: jamie@mxminstitute.com.au