Terms of Service

1. Acceptance of Terms

By accessing or using the SWP Technologies Workforce Planning Maturity Assessment platform (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (or the organisation you represent) and SWP Technologies Pty Ltd (ACN 697 632 250) (“we”, “us”, or “our”). Where you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation.

2. Description of Service

SWP Technologies operates a workforce planning maturity assessment and benchmarking platform designed to help organisations evaluate and improve their strategic workforce planning capabilities. The Service includes assessment tools, benchmarking insights, results reporting, and access to professional development resources and partner content where applicable.

We reserve the right to modify, expand, or discontinue any aspect of the Service at any time, with or without notice. Where changes materially affect your use of the Service, we will endeavour to provide reasonable advance notice.

The Service is currently provided free of charge. If optional paid features are introduced in future, applicable fees will be disclosed before you incur any charge.

3. User Accounts

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether or not authorised by you
• Ensuring that your account information remains accurate and up to date
• Notifying us immediately of any unauthorised use of your account or any other breach of security

We reserve the right to suspend or terminate accounts where we reasonably suspect a breach of these Terms or where account information is found to be false or misleading.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorised access to any part of the Service or related systems or networks
• Interfere with or disrupt the integrity, security, or performance of the Service
• Upload or transmit viruses, malware, or any other malicious or harmful code
• Scrape, harvest, or systematically extract data from the Service without our prior written consent
• Use the Service to transmit unsolicited commercial communications
• Impersonate any person or organisation, or misrepresent your affiliation with any person or organisation
• Reproduce, duplicate, copy, sell, or resell any part of the Service without our express written permission
• Harass, abuse, or harm other users of the Service

5. Intellectual Property

The Service and all of its original content, features, functionality, design, software, text, graphics, and data are owned by SWP Technologies Pty Ltd and are protected by Australian and international copyright and other intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the Service or its content beyond the limited right to use the Service as expressly set out in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Service without our prior written consent.

6. User Content and Data

6.1 Ownership

You retain ownership of any assessment responses, data, and other content you submit to the Service (“User Content”). These Terms do not transfer ownership of your User Content to us.

6.2 Licence to SWP Technologies

By submitting User Content, you grant SWP Technologies a non-exclusive, worldwide, royalty-free licence to use, store, process, and display that content for the following purposes:

• Providing and operating the Service
• Generating benchmarking insights, maturity analysis, and recommendations within the Service
• Producing anonymised, aggregated benchmarking data and research reports that do not identify you or your organisation
• Where you have provided explicit consent, sharing your information with Authorised Partners as described in our Privacy Policy

This licence does not permit us to sell or otherwise commercially exploit your identifiable User Content without your explicit consent.

6.3 Benchmarking and Research Use

You acknowledge that anonymised and aggregated data derived from your assessment responses may be used by SWP Technologies and its Authorised Partners for benchmarking, research, product development, and publication purposes. This data will not identify you or your organisation individually.

6.4 Partner Data Sharing

Where you have opted in to data sharing with Authorised Partners, you grant SWP Technologies the right to share your personal information and assessment data with those partners as described in the Privacy Policy. You may withdraw this consent at any time through your account settings. Withdrawal of consent does not affect any sharing that has already occurred prior to withdrawal.

7. Third Party Services

The Service may integrate with or contain links to third-party websites, platforms, or services, including professional development providers, partner organisations, and affiliated sites. These third-party services are governed by their own terms and privacy policies, and we are not responsible for their content, availability, or practices.

Your use of any third-party service accessed through or in connection with the Service is at your own risk. We encourage you to review the terms and privacy policies of any third-party services you use.

8. Accuracy of Benchmarking and Assessment Results

The maturity assessments, benchmarking results, and recommendations provided through the Service are based on information you supply and the data available within the platform at the time of assessment. They are intended as a guide to support workforce planning decisions and should not be relied upon as the sole basis for organisational strategy or investment decisions.

We make no warranty as to the accuracy, completeness, or fitness for purpose of any assessment results, benchmarking data, or recommendations generated by the Service. Results may vary depending on the quality and completeness of information provided.

9. Data Security and Privacy

We implement appropriate technical and organisational measures to protect your data against unauthorised access, loss, or disclosure. For detailed information about how we collect, use, store, and share your personal information, please refer to our Privacy Policy.

While we take reasonable steps to protect your information, no method of transmission over the internet or electronic storage is completely secure. You acknowledge this inherent risk in using any online platform.

10. Data Breach Notification

We are subject to the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth). In the event of a data breach that is likely to result in serious harm to any individual whose information is involved, we will:

• Notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as soon as practicable after becoming aware of the breach
• Provide notification by email to the address associated with your account, or through the Service where email is not available
• Include in the notification: the nature of the breach, the kinds of information involved, the steps we have taken in response, and what steps you can take to protect yourself
• Cooperate with any investigation by the OAIC or other relevant regulatory authority

Where a breach affects your account, we will take reasonable steps to contain and remediate the breach as quickly as practicable. You agree to notify us immediately if you become aware of any unauthorised access to your account or any suspected security incident.

11. Cookies and Tracking Technologies

The Service uses cookies and similar technologies to maintain your session, remember your preferences, and analyse usage patterns. We use cookies and similar technologies as described in our Privacy Policy. Where consent is required by applicable law, we will request it through the Service.

You may control or disable cookies through your browser settings. Disabling cookies may affect your ability to use certain features of the Service. For full details of the cookies we use and how to manage them, please refer to the Cookies and Tracking Technologies section of our Privacy Policy.

12. Service Availability

We strive to maintain a high level of service availability but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. The Service may be temporarily unavailable due to maintenance, upgrades, or circumstances outside our reasonable control.

We reserve the right to modify, suspend, or discontinue the Service, or any part of it, at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Limitation of Liability

To the maximum extent permitted by applicable law, SWP Technologies and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service.

To the maximum extent permitted by law, our total aggregate liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees paid by you to SWP Technologies in the twelve months preceding the claim; or (b) AUD $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.

14. Indemnification

You agree to indemnify, defend, and hold harmless SWP Technologies and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content you submit to the Service that infringes the rights of a third party

15. Termination

We may terminate or suspend your account and access to the Service immediately and without prior notice if we reasonably determine that you have breached these Terms, violated any applicable law, or engaged in conduct that may harm the Service, other users, or SWP Technologies.

You may terminate your account at any time by using the account deletion function in your profile settings or by contacting us directly.

Upon termination of your account for any reason:

• Your right to access and use the Service will immediately cease
• We will handle your personal data in accordance with our Privacy Policy, including honouring any deletion request you have made
• Any provisions of these Terms that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, User Content and data, limitation of liability, indemnification, dispute resolution, and other provisions intended by their nature to survive

16. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service, the parties agree to first attempt to resolve the matter through good faith negotiation. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute and the resolution sought.

If the dispute is not resolved through negotiation within 30 days of written notice, either party may refer the matter to mediation administered by a mutually agreed mediator in Melbourne, Victoria. The costs of mediation shall be shared equally unless otherwise agreed.

If mediation does not resolve the dispute, either party may pursue their rights through the courts of Victoria, Australia.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising under or in connection with these Terms.

To the extent any mandatory consumer protection laws of another jurisdiction apply to your use of the Service, those laws will apply in addition to, and where inconsistent will prevail over, the provisions of these Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SWP Technologies in relation to your use of the Service and supersede all prior agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of SWP Technologies to be effective.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets, with notice to you.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the version date at the top of this document and notify you by email or through the Service. Where required by applicable law, we will ask you to review and accept the updated Terms before continuing to use the Service.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms.

20. Contact us

If you have questions about these Terms or the Service, send our team an enquiry.

Last updated: 5 January 2026