Last updated: 6 May 2026 · Version 1.0
These Terms & Conditions (Terms) govern your use of the Burgy platform, applications, and related services (the Services) operated by Burgy (we, us, our). By signing up, accessing, or using the Services, you agree to be bound by these Terms. If you don't agree, don't use the Services.
These Terms are governed by the laws of Queensland, Australia, and you and we submit to the exclusive jurisdiction of the courts of Queensland.
Burgy is a software-as-a-service platform that helps trade businesses create, manage, sign and store safety documents, manage their fleet, track worker hours and licences, and run related operational workflows.
Burgy is a tool. We provide functionality. We do not provide safety advice, legal advice, compliance certifications, or any other professional services through the Services. Setup Services and Support Services are administrative onboarding and platform-management services, not safety consulting.
We may add, remove, modify or improve features at any time. We'll do our best to give reasonable notice of material changes that adversely affect your use.
You agree that we may collect, generate, and use de-identified, anonymised, and/or aggregated data derived from your use of the Services to:
De-identified and aggregated data does not personally identify you, your Workers, or your customers and is not Customer Data once it has been de-identified. We will not sell raw Customer Data to third parties.
You and your Workers must not use the Services for unlawful purposes, upload malware, attempt to compromise the security of the Services, infringe a third party's rights, resell or sublicense the Services without consent, submit objectionable content, or misrepresent any compliance record created within the Services.
This is the most important section. Read it carefully.
Burgy supplies a default safety library and tools that help you produce SWMS, JSAs, Take 5s, toolbox meetings, prestart checklists, vehicle access permits, hot work permits, weed & seed declarations, and other safety records (Safety Content).
You are the PCBU. Under WHS Laws, the duty of care for the health and safety of your workers and others affected by your work activities sits with you (and any other PCBUs in your supply chain). That duty cannot be transferred or contracted out, including to us. Burgy is not a PCBU in respect of your workers and we are not responsible for, and do not undertake, your WHS, biosecurity, transport, or any other regulatory compliance.
Use of any Safety Content is at your own risk. To the maximum extent permitted by law, we exclude all liability arising out of or in connection with:
It is your responsibility to assess whether any default Safety Content is appropriate for your specific business, trade, site, work activity, and risk profile, and to amend or replace it as needed; to ensure all Safety Content used at your workplace is reviewed, signed off, and amended as required by WHS Laws and the conditions of each individual job; to conduct your own gap analysis, risk assessments, consultation with workers, and toolbox briefings, and to obtain independent professional safety advice where required; to maintain your own safety management system, WHS records, and incident response procedures; and to verify worker licences, competencies, and authorisations for the work being performed.
The Services are an administrative tool to help record, manage and audit safety activity. They are not a substitute for a safety management system, professional advice, or your own active risk assessment.
The Services are provided on an "as is" and "as available" basis. We do not warrant uninterrupted or error-free operation. Specific service level commitments only apply where explicitly agreed in a written enterprise agreement.
We use trusted third-party providers to operate the Services. By using Burgy you acknowledge and consent to the use of, at a minimum: Supabase (database, authentication, storage); Vercel (web hosting); Resend (transactional email); Sentry (error monitoring); Microsoft Clarity or equivalent (anonymised usage analytics, where enabled); Xero (only when you connect a Xero organisation); Google Cloud / Anthropic / OpenAI or equivalent (only when you use AI features). An up-to-date list is available on request.
The Services, including all software, designs, branding, default Safety Content libraries, and documentation, are owned by us or our licensors. You receive a non-exclusive, non-transferable right to use the Services during the term of your Subscription. Customer Data remains yours. Any feedback you provide may be used by us without restriction.
Both parties agree to keep confidential any non-public information shared during the relationship and to only use it for the purposes of the Services. This obligation continues after termination.
To the maximum extent permitted by law:
You agree to indemnify, defend, and hold us (and our officers, employees, contractors and affiliates) harmless from and against any claim, loss, damage, fine, penalty, cost, or expense arising out of or in connection with your or your Workers' breach of these Terms; your or your Workers' breach of WHS Laws or any other applicable law; any safety incident, injury, illness, death, property damage, or environmental or regulatory breach occurring at your workplace; any third-party claim that Customer Data infringes intellectual property, privacy, or other rights; and your failure to obtain necessary consents from your Workers.
You may cancel your Subscription at any time. Pre-paid fees are not refundable except where required by law. We may suspend or terminate your Account immediately if you breach these Terms, engage in unlawful activity, or pose a security or safety risk. On termination, your right to use the Services ceases. Customer Data is available for export for at least 30 days.
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms by reference.
We may update these Terms from time to time. The latest version is always available on our website. For material changes that adversely affect you, we'll give reasonable notice. Continued use means you accept the updated Terms.
These Terms (with the Privacy Policy and any accepted quote) form the entire agreement. If any provision is unenforceable, the rest remain in force. You may not assign these Terms without our written consent. Notices to us go to hello@burgy.com.au; notices to you go to the email associated with your Account. Nothing in these Terms creates an employment, partnership, or agency relationship. Neither party is liable for delays caused by events outside their reasonable control.
For any questions about these Terms: Burgy · Email: hello@burgy.com.au · Web: burgy.com.au