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Terms of service

Terms of Service

Last updated: 14 March 2026

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the FairTest platform operated by FairTest Pty Ltd (“FairTest”, “we”, “us”, “our”), including the website at fairtest.com.au, the mobile application, and all related services (collectively, the “Platform”).

By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

2. Definitions

  • “Organisation” means a company, business, or entity that subscribes to the Platform.
  • “Organisation Owner” means the person who created the Organisation account.
  • “User” means any individual granted access to the Platform by an Organisation, including owners, admins, managers, and testers.
  • “Employee” means an individual whose records are managed within the Platform by an Organisation.
  • “Provider” means a testing provider organisation that conducts drug and alcohol testing services on behalf of other organisations.

3. Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent that you have the legal authority to enter into these Terms on behalf of yourself and, where applicable, the Organisation you represent.

4. Accounts

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must provide accurate and complete information when creating an account.
  • You are responsible for all activity that occurs under your account.
  • You must notify us immediately if you become aware of any unauthorised use of your account.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

5. Subscription and Payment

  • Access to the Platform requires a paid subscription, managed through Stripe.
  • Subscription plans, pricing, and billing cycles are as described at the time of purchase.
  • New accounts receive a trial period. At the end of the trial, a valid payment method is required to continue using the Platform.
  • Subscriptions renew automatically unless cancelled before the renewal date.
  • You can manage your subscription and payment details through the Platform’s billing portal.
  • All fees are in Australian dollars (AUD) unless otherwise stated.
  • We reserve the right to change pricing with reasonable notice. Price changes will take effect at the next billing cycle.

6. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations
  • Upload or transmit malicious code, viruses, or harmful content
  • Attempt to gain unauthorised access to the Platform, other accounts, or related systems
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use the Platform to harass, discriminate against, or harm any individual
  • Share your account credentials with others or allow others to access your account
  • Scrape, crawl, or use automated tools to extract data from the Platform without our consent
  • Interfere with or disrupt the integrity or performance of the Platform

7. Data and Privacy

  • Our collection, use, and disclosure of personal information is governed by our Privacy Policy.
  • Organisations are responsible for ensuring they have appropriate legal grounds (including employee consent where required) to collect and store employee data, including drug and alcohol test results, within the Platform.
  • Organisations are responsible for complying with all applicable workplace health and safety, employment, and privacy laws in relation to their use of the Platform.
  • We act as a data processor on behalf of Organisations. Organisations remain the data controller for employee data entered into the Platform.

8. Data Ownership

  • Organisations retain ownership of all data they enter into the Platform, including employee records, test results, and configuration data.
  • We do not claim ownership of your data.
  • Upon termination of your subscription, you may request an export of your data. We will provide a reasonable period to retrieve your data before deletion.

9. AI Features

The Platform includes an AI-powered assistant that allows Users to query data using natural language. AI responses are generated by a third-party provider (Anthropic) and are provided for convenience only. AI outputs may contain errors or inaccuracies. You should verify any AI-generated information before relying on it for decision-making, compliance, or legal purposes.

10. Integrations

  • The Platform may integrate with third-party systems (e.g., UKG Ready) at the Organisation’s discretion.
  • We are not responsible for the availability, accuracy, or security of third-party systems.
  • You are responsible for configuring and authorising integrations and for ensuring compliance with the third party’s terms of service.

11. Intellectual Property

  • The Platform, including its design, code, features, and documentation, is owned by FairTest Pty Ltd and is protected by Australian and international intellectual property laws.
  • We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for your internal business purposes, subject to these Terms.
  • You may not copy, modify, distribute, or create derivative works based on the Platform.

12. Availability and Support

  • We aim to provide reliable and continuous access to the Platform but do not guarantee uninterrupted or error-free service.
  • We may perform maintenance, updates, or changes to the Platform from time to time, which may result in temporary downtime.
  • Support is available via the channels listed on the Platform.

13. Limitation of Liability

To the maximum extent permitted by Australian law:

  • The Platform is provided “as is” and “as available” without warranties of any kind, whether express or implied.
  • We do not warrant that the Platform will meet your specific requirements, be error-free, or be available at all times.
  • FairTest Pty Ltd is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to loss of data, loss of profits, or business interruption.
  • Our total liability for any claim arising from or related to these Terms or the Platform is limited to the amount you paid to us in the 12 months preceding the claim.
  • Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

14. Indemnification

You agree to indemnify and hold harmless FairTest Pty Ltd, its officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Platform
  • Your breach of these Terms
  • Your violation of any applicable law or regulation
  • Any data you enter into the Platform

15. Termination

  • You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period.
  • We may suspend or terminate your access to the Platform immediately if you breach these Terms.
  • Upon termination, your right to use the Platform ceases. Sections that by their nature should survive termination (including Sections 8, 13, 14, and 16) will continue to apply.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of Victoria, Australia.

17. Changes to These Terms

We may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on the Platform or by email. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FairTest Pty Ltd regarding your use of the Platform.

20. Contact Us

If you have questions about these Terms, contact us at:

FairTest Pty Ltd
Email: contact@fairtest.com.au