1. Acceptance of these terms
By accessing or using nWorks, you agree to these Terms & Conditions. If you are using nWorks on behalf of a company, employer, contractor, customer, or other organisation, you confirm that you are authorised to use nWorks for that organisation’s approved purposes.
If you do not agree to these terms, you must not use nWorks.
2. About nWorks
nWorks is a workforce operations platform provided by On5 Solutions Pty Ltd. The platform supports shift-based operational workflows such as staff management, site activity, shifts, attendance, mobile check-in and check-out, forms, audits, compliance records, patrols, attachments, signatures, timesheets, and payroll preparation workflows.
nWorks is generally provided to business Customers under a separate subscription, service agreement, order form, or commercial arrangement. If there is a conflict between these Terms & Conditions and a signed agreement between On5 and a Customer, the signed agreement will apply to the extent of the conflict.
3. Definitions
In these terms:
- “On5”, “we”, “us”, or “our” means On5 Solutions Pty Ltd.
- “nWorks” means the nWorks mobile application, web portal, APIs, and related services.
- “Customer” means the business or organisation that subscribes to or manages access to nWorks.
- “User”, “you”, or “your” means a person who accesses or uses nWorks.
- “Customer Data” means data, records, files, forms, images, signatures, operational information, and other content submitted to or processed in nWorks.
4. Accounts and access
You may only access nWorks using an account, login method, or invitation authorised by On5 or the relevant Customer. You are responsible for keeping your login details secure and for all activity that occurs under your account.
You must not share your login credentials, access another person’s account, bypass security controls, or use nWorks outside the permissions assigned to you. On5 or the Customer may suspend, restrict, or remove access where required for security, operational, legal, or contractual reasons.
5. Acceptable use
You must use nWorks only for lawful, authorised, and business-related purposes. You must not:
- submit false, misleading, unlawful, offensive, or unauthorised information;
- upload malware, harmful code, or content that infringes another person’s rights;
- attempt to disrupt, reverse engineer, overload, scrape, or compromise nWorks;
- attempt to bypass authentication, permissions, audit logs, or security controls;
- use nWorks to harass, monitor, or track another person unlawfully;
- copy, resell, sublicense, or commercially exploit nWorks without written permission; or
- use nWorks in a way that breaches laws, workplace policies, privacy obligations, or Customer instructions.
6. Customer Data and user content
Customer Data remains owned by the Customer or the person or organisation that owns it. On5 does not claim ownership of Customer Data. You grant On5 the rights needed to host, process, transmit, store, back up, secure, display, and support Customer Data for the purpose of providing nWorks.
You are responsible for ensuring that information you submit to nWorks is accurate, lawful, authorised, and appropriate. Customers are responsible for configuring user access, permissions, workflows, forms, retention requirements, and business use of Customer Data.
7. Privacy
Use of nWorks is also subject to our Privacy Policy, which explains how personal information may be collected, used, stored, disclosed, and protected.
8. Mobile app permissions
The nWorks mobile app may request access to device features such as camera, photos, files, location, notifications, storage, and network access. These permissions are used to support app features such as check-in and check-out, site verification, patrols, forms, incident reports, signatures, attachments, proof of work, and service notifications.
You can manage app permissions in your device settings. Disabling certain permissions may prevent some features from working correctly.
9. App Store and Google Play terms
If you download nWorks from the Apple App Store or Google Play, your use of the app may also be subject to the relevant store terms and policies. Apple and Google are not responsible for providing support or maintenance for nWorks, except as required by their applicable terms.
Where Apple’s App Store terms apply, Apple and its subsidiaries are third-party beneficiaries of these terms for the purpose of enforcing rights related to the iOS version of the app.
10. Availability, support, and changes
We aim to provide a reliable service, but nWorks may be unavailable from time to time due to maintenance, updates, outages, internet issues, third-party services, security events, or circumstances beyond our control.
We may update, improve, modify, suspend, or discontinue features from time to time. Support is provided according to the relevant Customer agreement or support arrangement.
11. Third-party services and integrations
nWorks may connect with third-party services, including hosting providers, maps, notifications, analytics, diagnostics, payroll systems, customer systems, and other business platforms. On5 is not responsible for third-party services that are outside our control. Use of third-party services may be subject to separate terms and privacy policies.
12. Intellectual property
nWorks, including its software, design, workflows, interfaces, documentation, branding, and underlying technology, is owned by On5 or its licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable right to use nWorks for authorised business purposes only.
You must not copy, modify, distribute, reverse engineer, decompile, or create derivative works from nWorks except where permitted by law or expressly authorised in writing by On5.
13. Confidentiality
You may access confidential business, workforce, site, customer, payroll, or operational information through nWorks. You must only use that information for authorised purposes and must not disclose it except as permitted by your organisation, applicable law, or a written agreement with On5.
14. Warranties and disclaimers
To the maximum extent permitted by law, nWorks is provided on an “as is” and “as available” basis. We do not guarantee that nWorks will be uninterrupted, error-free, free from all security risks, or suitable for every specific business requirement.
Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under Australian Consumer Law or other applicable law.
15. Liability
To the maximum extent permitted by law, On5 is not liable for indirect, incidental, special, consequential, exemplary, or punitive loss, including loss of profits, revenue, goodwill, data, business opportunity, or operational interruption.
Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law, including resupply of services or the cost of resupply where applicable.
16. Suspension and termination
Access to nWorks may be suspended or terminated if you breach these terms, if the relevant Customer requests it, if a subscription or agreement ends, if required for security or legal reasons, or if continued access may cause harm to On5, the Customer, another user, or the platform.
17. Governing law
These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
18. Changes to these terms
We may update these Terms & Conditions from time to time. The updated version will be published on this page with a revised “Last updated” date. Continued use of nWorks after an update means the updated terms apply from the effective date shown.
19. Contact us
For questions about these Terms & Conditions, please contact:
On5 Solutions Pty Ltd
SC Level 1 F02, 440 Docklands Drive, Docklands VIC 3008, Australia
Email: [email protected]
Phone: 1300 702 830