Terms of Service

CnX Modular Suite ComSafe Holdings Pty Ltd (ABN 17 640 122 149), trading as "CnX Modular"

Effective date: 10/07/2026 Last updated: 10/07/2026

1. Introduction and scope

1.1 These Terms of Service ("Terms") govern access to and use of the CnX Modular Suite software platform (the "Suite" or "CnX") and the public marketing website at which these Terms are published (the "Website"), each operated by ComSafe Holdings Pty Ltd (ABN 17 640 122 149) ("ComSafe", "we", "us", "our").

1.2 These Terms form a legally binding agreement between ComSafe and the Customer. They apply together with any order, plan selection or subscription confirmation made when a Customer subscribes to the Suite. If there is any inconsistency between these Terms and an order or plan selection, these Terms prevail except to the extent the order expressly states otherwise and is signed or accepted by both parties.

1.3 Our handling of Personal Information is governed by our Privacy Policy, which forms part of these Terms. In the event of any inconsistency between these Terms and the Privacy Policy in relation to Personal Information, the Privacy Policy prevails.

1.4 By subscribing to, accessing or using the Suite or the Website, you acknowledge that you have read and agree to these Terms. If you do not agree, you must not access or use the Suite or the Website.

2. Who we are

2.1 ComSafe is an Australian proprietary company whose principal place of business is in New South Wales, Australia. ComSafe trades as "CnX Modular".

2.2 ComSafe develops and provides the Suite, which comprises modular safety and compliance software for Australian supply chain businesses.

2.3 Our contact details are set out in section 29 (How to contact us).

3. Definitions

In these Terms:

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Confidential Information means information disclosed by or on behalf of one party to the other that is by its nature confidential, is designated as confidential, or that the receiving party knows or ought reasonably to know is confidential, but does not include information that is or becomes public other than through a breach of these Terms, or that the receiving party lawfully holds free of any obligation of confidence.

Customer means the business or organisation that subscribes to the Suite, on whose behalf an account is created, and, where the context permits, includes its authorised Users.

Customer Data means all data, documents, records and other content that a Customer or its Users input into, upload to, or generate within the Suite, including records about the Customer's Personnel.

Fees means the subscription fees and any other charges payable for access to the Suite, as described in section 8.

Module means a functional area of the Suite, as described in section 5.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personnel means the staff, drivers, contractors and other individuals whose records a Customer inputs into, or maintains within, the Suite.

Privacy Policy means ComSafe's privacy policy, as published and updated from time to time.

Sensitive Information has the meaning given in the Privacy Act 1988 (Cth), and includes, relevantly, health information about an individual.

User means an individual who is issued with, or who uses, login credentials to access the Suite, whether as the Customer's founding administrator, an invited member of the Customer's organisation, or an invited external party such as a consultant or auditor.

Other capitalised terms are defined where they first appear.

4. Acceptance and authority

4.1 Formation. These Terms take effect, as between ComSafe and a Customer, when the individual registering the Customer's account accepts these Terms at registration or, if earlier, when the Customer first subscribes to the Suite, and continue while the Customer holds an account.

4.2 Authority to bind. The individual who registers a Customer account, or who accepts these Terms, represents and warrants that they are authorised to enter into these Terms on behalf of the Customer and to bind the Customer to them.

4.3 Users. Each User must comply with these Terms and with any acceptable-use, access or confidentiality terms presented to that User when they accept an invitation or first access the Suite. The Customer is responsible for its Users' compliance with these Terms and for all activity that occurs under its account and its Users' credentials.

4.4 Eligibility. The Suite is intended for use by businesses and their Personnel. You must be at least 18 years of age to hold a User account.

5. The Suite and the Modules

5.1 The Suite is provided as a hosted, subscription-based ("software as a service") platform, accessed over the internet. It is organised into Modules, each providing a distinct set of features within the Suite.

5.2 A subscription to the Suite includes access to all Modules that are then offered for sale; the subscription is priced per User seat rather than per Module (see section 7). We may make certain Modules or features available to accounts that do not hold a paid subscription. We may add, rename, combine, change or withdraw Modules and features from time to time, as described in section 14 (Availability and changes to the Suite). Some Modules may be built but not yet offered; those Modules are not available until we make them available.

5.3 The Suite is a tool for recording, organising, managing and reporting on safety and compliance information. It does not provide, and must not be relied on as, legal, safety, engineering, medical or other professional advice. Section 11 applies to the Customer's compliance obligations, and section 12 applies to the optional artificial-intelligence features.

6. Accounts, Users and access

6.1 Creating an account. A Customer account is created when an authorised individual registers the Customer's organisation. That individual becomes the initial system administrator for the Customer. All other Users are added by invitation from an administrator of the Customer.

6.2 Credentials and security. Each User is responsible for keeping their login credentials secure and confidential, and for all activity carried out under those credentials. You must notify us promptly if you become aware of any unauthorised use of an account or any other breach of security. We are not responsible for loss arising from a failure to keep credentials secure.

6.3 Roles and permissions. Access within the Suite is governed by roles assigned by the Customer's administrators. It is the Customer's responsibility to assign, review and revoke roles and access appropriately, including when a User's engagement with the Customer ends.

6.4 Multiple organisations. A single login may be associated with more than one Customer (for example, where a consultant or auditor works with several organisations). A User can access an organisation's data only where that organisation has granted the User an active membership. Each Customer's data remains logically separated from that of every other Customer.

6.5 Availability of access. We may, acting reasonably, suspend or restrict access to an account or User as described in section 23 (Suspension and termination).

7. Subscriptions and seats

7.1 Subscription basis. Access to the paid features of the Suite is provided on a subscription basis. The subscription is priced per User seat and includes access to all Modules that are offered for sale. We do not currently charge separately for individual Modules.

7.2 Billing cycle and renewal. A Customer may subscribe on a monthly or annual billing cycle. The subscription renews automatically for successive periods of the same length until it is cancelled in accordance with these Terms.

7.3 Adding and removing seats. A Customer may change its seat count from within the Suite's settings. An increase in seats takes effect immediately and is charged accordingly. A decrease in seats may be scheduled to take effect at the end of the current billing period.

7.4 Cancellation. A Customer may cancel its subscription at any time from within the Suite's settings. On cancellation, access to the paid features continues until the end of the current billing period, after which billing stops and access to the paid features ends. Cancellation does not, of itself, delete Customer Data; section 24 and the Privacy Policy govern retention and deletion.

7.5 No trial unless offered. Unless we expressly offer a free trial or a no-charge arrangement in writing, the subscription is a paid subscription charged in accordance with section 8.

7.6 Renewal reminder. Before an annual subscription renews, we will send the Customer a reminder a reasonable time in advance (at least 14 days before the renewal date), by email to an address associated with the Customer's account, so that the Customer can decide whether to continue or to cancel before the renewal takes effect. A Customer may cancel at any time under section 7.4, and a cancellation that takes effect before a renewal date prevents that renewal being charged.

8. Fees, GST and payment

8.1 Fees. The Fees are those applicable to the Customer's plan and seat count at the time of subscription or renewal. Fees are quoted in Australian dollars.

8.2 GST. Unless stated otherwise, Fees are exclusive of GST. Where GST is payable on a supply made under these Terms, the Customer must pay, in addition to the Fees, an amount equal to the GST payable, at the same time as the Fees.

8.3 Payment and card handling. Payment is processed by our third-party payment processor, Westpac PayWay. Card details are captured and tokenised by the payment processor and are not stored on our systems. By subscribing, the Customer authorises us and our payment processor to charge the applicable Fees to the nominated payment method for each billing period until the subscription is cancelled.

8.4 When Fees are charged. The first billing period is charged when the subscription commences, and each subsequent period is charged in advance at the start of that period. Annual subscriptions may attract a discount, as displayed at the time of subscription.

8.5 Failed payment. If a payment is declined or fails, we may suspend access to the paid features until payment is made, and we may retry the payment. Where an account is created but the initial payment does not succeed, the account may remain without an active paid subscription until payment is made.

8.6 Changes to Fees. We may change the Fees from time to time. We will give reasonable prior notice of a change that will affect a Customer's renewal, and the change takes effect from the Customer's next billing period after the notice. If a Customer does not accept a change to the Fees, its remedy is to cancel the subscription before the change takes effect.

8.7 Refunds. Except as required by law (including the Australian Consumer Law), as expressly provided in these Terms (including sections 14.3, 23.3 and 26.2), or as we otherwise agree in writing, Fees are non-refundable, and part-periods are not refunded on cancellation.

8.8 Larger deployments. Deployments above the seat limit displayed in the Suite, and any bespoke arrangement, are subject to a separate written quote or agreement.

9. Customer Data

9.1 Ownership. As between the Customer and ComSafe, the Customer owns its Customer Data. These Terms do not transfer ownership of Customer Data to ComSafe.

9.2 Licence to ComSafe. The Customer grants ComSafe a non-exclusive licence to host, store, copy, transmit, process and display Customer Data to the extent necessary to provide and support the Suite, to secure and maintain it, and otherwise to perform our obligations and exercise our rights under these Terms.

9.3 Customer responsibility for its data. The Customer is responsible for the accuracy, quality and lawfulness of Customer Data and for the means by which it acquired that data. In particular, where Customer Data includes Personal Information or Sensitive Information about the Customer's Personnel or about third parties (such as, in an incident record, an injured person or a witness), the Customer is responsible for giving any collection notice, and obtaining any consent, required under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The allocation of privacy responsibilities between the Customer and ComSafe is described further in the Privacy Policy.

9.4 Export. While a subscription is active, a Customer may export Customer Data from within the Suite, in the formats the Suite makes available. Section 24 addresses export around the end of a subscription.

9.5 Our use of aggregated data. We may generate and use aggregated or de-identified data derived from use of the Suite for the purpose of operating, securing, analysing and improving the Suite, provided that such data does not identify the Customer or any individual.

10. Acceptable use

10.1 The Customer must, and must ensure that its Users, use the Suite only for its lawful business purposes and in accordance with these Terms. The Customer and its Users must not:

(a) use the Suite in breach of any law, or to store or transmit unlawful, infringing or malicious material;

(b) upload material that infringes the intellectual property or other rights of a third party;

(c) attempt to gain unauthorised access to the Suite, to another Customer's data, or to any system or network connected to the Suite;

(d) interfere with or disrupt the integrity or performance of the Suite, or introduce any virus or malicious code;

(e) copy, modify, reverse engineer, decompile or create derivative works of the Suite, except to the extent this restriction cannot lawfully be excluded;

(f) resell, sublicense or make the Suite available to any third party except as expressly permitted by these Terms; or

(g) use the Suite to send unsolicited communications in breach of the Spam Act 2003 (Cth) or to harass any person.

10.2 The Customer is responsible for the conduct of its Users and for ensuring that its Personnel whose records are held in the Suite are dealt with in accordance with applicable law.

11. Compliance is your responsibility

11.1 The Suite is a record-keeping and management tool. It helps a Customer organise information, maintain registers, receive reminders and produce reports. It is not a determination of compliance, a safety rating, or an assurance that any work is being, or has been, carried out safely or lawfully.

11.2 Any indicator, status, score, checklist, reminder, report or similar output generated by the Suite (including any red, amber or green status) is an aid to the Customer's own systems. It does not discharge, replace or reduce any duty the Customer or any other person owes under the Heavy Vehicle National Law (as applied in participating jurisdictions), work health and safety legislation, the Chain of Responsibility provisions, or any other law, code or common-law duty.

11.3 The Customer remains solely responsible for determining whether it is compliant with its legal obligations, for the operational decisions it makes, and for ensuring that its compliance is at a standard the Customer is prepared to attest to. Where the Suite invites a User to confirm, sign off on, or attest to a record or finding, that confirmation is the Customer's own assessment and record, and the Customer is responsible for it.

11.4 The Suite does not constitute legal, safety, engineering, medical or other professional advice, and must not be relied on as a substitute for such advice or for the Customer's own judgment.

12. Artificial intelligence features

12.1 Optional and off by default. The Suite includes optional artificial-intelligence ("AI") features that assist with reading uploaded documents. These features are off by default and are enabled only at the Customer's request and with the Customer's authorisation. Where they are not enabled, the relevant information is entered manually and no disclosure to the AI provider occurs.

12.2 What the AI features do. When enabled, the AI features may read documents that the Customer uploads (for example, a contractor's safety manual, or a licence or medical certificate) in order to draft field values or to draft an evaluation of the document against a set of assertions. The AI features currently apply to the contractor Safety Assessment and to the licence and medical-certificate document reader.

12.3 Drafts only: a human decides. The AI features produce drafts only. An AI output is not a decision, a compliance determination, or a finalised record. A User must review every AI output and decide whether to accept, amend or reject it. Nothing an AI feature produces takes effect as the Customer's record until a User has confirmed it, and that confirmation is the Customer's own assessment and sign-off, to which sections 11.3 and 19 apply. AI outputs may be incomplete or incorrect, and must not be relied on without human review.

12.4 Overseas disclosure. Where the AI features are enabled, the documents submitted to them are disclosed to our AI provider, Anthropic, in the United States, for processing. This is an overseas disclosure of Personal Information for the purposes of Australian Privacy Principle 8, and is described in the Privacy Policy. Under our agreement with the AI provider and the provider's applicable terms as they apply to this feature, that content is not used to train the provider's models and is subject to the provider's limited data-retention and processing terms.

13. Support

13.1 We provide support for the Suite through the in-app support facility. A User may raise a support request, to which our team responds. We aim to respond to support requests within a reasonable time, but, unless a separate written service-level agreement applies, we do not guarantee any particular response or resolution time.

13.2 Support access. From time to time, resolving a support request may be assisted by a member of our team accessing the Customer's account. Any such access is controlled by the Customer: it is granted by a Customer administrator for a fixed period, is limited to view-only or view-and-act as the Customer selects, is off unless the Customer grants it, and may be revoked by the Customer at any time. Even where access is granted, our team cannot use it to change the Customer's billing, roles or invitations, to export Customer Data, or to permanently delete Customer Data.

13.3 Support is provided in respect of the Suite itself. It does not extend to advising the Customer on its compliance obligations or on the operational decisions to which section 11 applies.

14. Availability and changes to the Suite

14.1 We will use reasonable efforts to keep the Suite available, but we do not warrant that access will be uninterrupted or error-free. Access may be affected by maintenance, updates, or matters beyond our reasonable control.

14.2 We may perform scheduled or emergency maintenance, and may need to suspend access temporarily to do so. Where practicable, we will give reasonable notice of planned maintenance that is likely to cause material disruption.

14.3 We may modify, add to, or discontinue features or Modules of the Suite. We will not make a change that, taken as a whole, materially reduces the core functionality of a Module the Customer is then paying for without giving the Customer reasonable notice. If such a change materially and detrimentally affects the Customer, the Customer may cancel the affected subscription and, where it has pre-paid for a period beyond the change, we will refund the unused portion of the Fees for that Module on a pro-rata basis.

15. Intellectual property

15.1 The Suite, the Website, and all software, content, designs, and materials that make them up (excluding Customer Data), and all intellectual property rights in them, are owned by ComSafe or its licensors. Nothing in these Terms transfers any of those rights to the Customer.

15.2 We grant the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Suite for the Customer's own internal business purposes during the subscription, subject to these Terms.

15.3 The CnX and CnX Modular names and logos are our trade marks. The Customer must not use them without our prior written consent, except to the extent necessary to identify the Suite in the ordinary course of the Customer's use of it.

15.4 If the Customer or a User provides feedback or suggestions about the Suite, we may use them without restriction or obligation, and the Customer assigns to us any rights in that feedback to the extent necessary for us to do so.

16. Third-party services

16.1 The Suite relies on certain third-party services, including an Australian hosting provider, the Westpac PayWay payment processor, and, where the AI features are enabled, the AI provider referred to in section 12. Those services are provided by their respective providers, and the Customer's use of them may be subject to those providers' terms.

16.2 We are responsible for our selection and engagement of these providers as our service providers, but we are not responsible for the acts or omissions of a third-party provider that are beyond our reasonable control, nor for any third-party website or service that we do not operate.

17. Privacy

17.1 Our collection, use, disclosure and handling of Personal Information in connection with the Suite and the Website is governed by the Privacy Policy, which forms part of these Terms.

17.2 As described in the Privacy Policy, ComSafe handles Personal Information in two capacities: the information it collects directly about Customers and Users, for which it is responsible as an APP entity; and the information a Customer inputs about its Personnel, which ComSafe holds on the Customer's behalf and for the lawfulness of which the Customer is responsible. Section 9.3 applies. Nothing in these Terms excludes or limits any obligation the Privacy Act 1988 (Cth) imposes on ComSafe that cannot lawfully be excluded, including under Australian Privacy Principle 11 (security) and Part IIIC (the Notifiable Data Breaches scheme), in respect of all Personal Information ComSafe holds, however it came to be held.

18. Confidentiality

18.1 Each party must keep the other party's Confidential Information confidential, use it only for the purposes of these Terms, and not disclose it except to those of its personnel or advisers who need to know it and who are bound by like obligations, or as required by law.

18.2 This section does not limit either party's obligations in relation to Personal Information, which are governed by the Privacy Act and the Privacy Policy.

19. Warranties and disclaimers

19.1 Each party warrants that it has the authority to enter into these Terms.

19.2 To the maximum extent permitted by law, and subject to section 20 (Australian Consumer Law), the Suite and the Website are provided "as is" and "as available", and all terms, conditions, warranties and guarantees implied by statute, the general law or custom (including as to acceptable quality or fitness for a particular purpose) are excluded, other than those that cannot lawfully be excluded. We do not warrant that the Suite will meet the Customer's requirements, or ensure the Customer's compliance with any law.

19.3 Without limiting section 11, we do not warrant that any output of the Suite (including any AI output, indicator, status, reminder or report) is accurate, complete or sufficient for the Customer's compliance or operational purposes.

20. Australian Consumer Law

20.1 Certain rights and guarantees under the Australian Consumer Law and other laws cannot be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies any such right or guarantee, or any liability we have under it, where to do so would be unlawful.

20.2 To the extent that the Australian Consumer Law applies to a supply under these Terms and permits us to limit our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law), our liability for that failure is limited, at our option, to:

(a) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of doing so; and

(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

21. Limitation of liability

21.1 This section, and section 20, allocate the risk between the parties and are reflected in the Fees. This section is subject to section 20 and does not limit any liability that cannot lawfully be limited.

21.2 To the maximum extent permitted by law, neither party is liable to the other for any loss of profit, loss of revenue, loss of anticipated savings, loss of or corruption of data (except to the extent caused by that party's breach of its security or confidentiality obligations), loss of goodwill, or any indirect, incidental, special or consequential loss, however arising, whether in contract, tort (including negligence), under statute or otherwise, even if the loss was foreseeable or the party was advised of its possibility.

21.3 To the maximum extent permitted by law, our total aggregate liability to the Customer for all claims arising out of or in connection with these Terms or the Suite, however arising, is limited to the total Fees paid by the Customer to ComSafe under these Terms in the 12 months immediately before the event giving rise to the liability.

21.4 Nothing in this section limits either party's liability for fraud, for personal injury or death caused by its negligence, or for any other liability that cannot lawfully be limited or excluded.

21.5 The Customer acknowledges that section 11 applies, and that we are not liable for any loss to the extent it arises from the Customer's own compliance decisions, its operational decisions, or its reliance on the Suite contrary to section 11.

22. Customer indemnity

22.1 The Customer indemnifies ComSafe against any liability, loss, damage, cost or expense (including reasonable legal costs) that ComSafe actually and reasonably incurs in connection with a claim, complaint or demand made against ComSafe by a third party (including a regulator such as the Office of the Australian Information Commissioner) to the extent the claim, complaint or demand arises from:

(a) the Customer's breach of section 9.3 (the Customer's responsibility for the lawfulness of Customer Data) or section 10 (Acceptable use); or

(b) Customer Data that is unlawful, or that infringes the privacy, intellectual property or other rights of a third party, including the input of Personal Information or Sensitive Information about a person without the collection notice or consent required by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

22.2 This indemnity does not apply, and the Customer has no liability under it, to the extent the relevant liability, loss, damage, cost or expense was caused or contributed to by ComSafe's own breach of these Terms, negligence, or other wrongful act or omission, or by ComSafe's failure to comply with a lawful and reasonable direction of the Customer in relation to Customer Data. The Customer's liability under this indemnity is reduced proportionately to the extent ComSafe so caused or contributed to it.

22.3 ComSafe must take reasonable steps to mitigate any loss to which this indemnity applies, and must promptly notify the Customer of any claim, complaint or demand for which it seeks to be indemnified. This section is subject to section 20 (Australian Consumer Law).

23. Suspension and termination

23.1 By the Customer. A Customer may cancel its subscription at any time as described in section 7.4.

23.2 By ComSafe for cause. We may suspend or terminate a Customer's access, in whole or in part, if the Customer materially breaches these Terms (including by non-payment) and, where the breach is capable of remedy, does not remedy it within a reasonable time after we give notice; or where suspension is reasonably necessary to protect the Suite, other Customers, or any person, or to comply with the law. We will act reasonably and, where practicable, give notice.

23.3 By the Customer for cause. The Customer may terminate its subscription on written notice if ComSafe materially breaches these Terms and, where the breach is capable of remedy, does not remedy it within a reasonable time (and in any event within 30 days) after the Customer gives written notice describing the breach. Where the Customer terminates under this clause, ComSafe will refund the unused portion of any Fees the Customer has pre-paid for the period after the effective date of termination, calculated on a pro-rata basis. This clause does not limit any right or remedy the Customer has under the Australian Consumer Law.

23.4 Effect. Section 24 applies on any termination. Termination by ComSafe for the Customer's breach does not entitle the Customer to a refund of Fees for the current period, except as required by law.

24. Effect of termination

24.1 On expiry or termination of a subscription, the Customer's and its Users' right to access the paid features of the Suite ends.

24.2 For a reasonable period after termination, and to the extent the account remains accessible, the Customer may export its Customer Data as described in section 9.4, and may otherwise request an export from us. After that, Customer Data is retained, and may be deleted or de-identified, in accordance with the Privacy Policy. Deletion of Customer Data is carried out on a verified request and is not automatic on cancellation.

24.3 Termination does not affect any right or liability that accrued before termination. Those sections that by their nature are intended to survive termination survive it, including, without limitation, sections 9.1, 11, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27 and 28.

25. Dispute resolution

25.1 If a dispute arises out of or in connection with these Terms, a party must not commence court proceedings (other than proceedings for urgent interlocutory or injunctive relief) until it has given the other party written notice of the dispute and the parties have tried, in good faith, to resolve it (including, if appropriate, through discussion between senior representatives of each party) within 20 business days after that notice (or such longer period as the parties agree in writing). A Customer may raise a matter with us in the first instance through the in-app support facility. Nothing in this section prevents a party from seeking urgent relief from a court.

26. Changes to these Terms

26.1 We may update these Terms from time to time to reflect changes to the Suite, our business or operational practices, security requirements, or legal or regulatory requirements. Any change will be limited to what is reasonably necessary for one or more of those purposes, or will be a change that does not materially and detrimentally affect the Customer. The current version is identified by the "Last updated" date at the top of these Terms.

26.2 Where a change materially and detrimentally affects the Customer, we will give the Customer reasonable prior notice before it takes effect (for example, by notice within the Suite or by email). Other changes take effect from the date the updated Terms are published or the later date stated in them. Continued use of the Suite after a change takes effect constitutes acceptance of the updated Terms. If the Customer does not accept a change that materially and detrimentally affects it, the Customer may cancel its subscription before the change takes effect and, where it has pre-paid for a period beyond the date the change takes effect, we will refund the unused portion of the Fees for that period on a pro-rata basis (consistent with section 14.3).

27. General

27.1 Entire agreement. These Terms, together with the Privacy Policy and any order or plan selection, constitute the entire agreement between the parties about their subject matter and supersede all prior representations, understandings and agreements about that subject matter. Nothing in this clause excludes, restricts or modifies any liability for misleading or deceptive conduct, or for any statement made fraudulently.

27.2 Assignment. The Customer may not assign or transfer its rights under these Terms without our prior written consent. We may assign or novate our rights and obligations under these Terms to a related body corporate, or in connection with a sale, merger or reorganisation of our business, provided the incoming party agrees to be bound by these Terms on terms no less favourable to the Customer. We will give the Customer notice of any such assignment or novation.

27.3 Waiver and severance. A failure or delay in exercising a right is not a waiver of it. If any provision of these Terms is held to be invalid or unenforceable, it is to be read down to the extent necessary or severed, and the remaining provisions continue in force.

27.4 Relationship. The parties are independent contracting parties. Nothing in these Terms creates a partnership, agency, employment or joint-venture relationship between them.

27.5 Force majeure. Neither party is liable for a failure or delay in performing its obligations (other than an obligation to pay money) to the extent the failure or delay is caused by an event beyond its reasonable control.

27.6 Notices. Notices to ComSafe may be given using the contact details in section 29. Notices to a Customer may be given within the Suite or by email to an address associated with the Customer's account.

27.7 No third-party rights. These Terms do not confer rights on any person who is not a party to them.

28. Governing law and jurisdiction

28.1 These Terms are governed by, and are to be construed in accordance with, the laws of New South Wales, Australia.

28.2 Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

29. How to contact us

ComSafe Holdings Pty Ltd (trading as CnX Modular) ABN 17 640 122 149

• Email: support@comsafeholdings.com.au
• Support requests: through the in-app support facility within the Suite

If you have a question about these Terms, or wish to give a notice under them, please use the details above.