IMPORTANT NOTICE These Terms govern your use of MyTake5. By using the app or accepting a subscription, you agree to be bound by these Terms. If you do not agree, do not use the service. These Terms contain limitations of liability and indemnity obligations that affect your legal rights. Read them carefully.
1.1 In these Terms:
"Integrity Insider" means the operator of MyTake5, contactable at contact@myglobal.dev, and includes its officers, employees, contractors and agents.
"Subscriber" means the organisation that has entered into a subscription arrangement with Integrity Insider for access to MyTake5, identified by a company code issued by Integrity Insider.
"User" means any individual who accesses or uses MyTake5 under a Subscriber's company code, including workers, supervisors and any other persons.
"MyTake5" or "the Service" means the MyTake5 mobile application, including all features, updates, AI-assisted functions, PDF outputs, JSON outputs and associated documentation.
"Take 5" means a single pre-task risk assessment session completed using the Service.
"WHS Act" means the Work Health and Safety Act 2020 (WA).
"Mines Regulations" means the Work Health and Safety (Mines) Regulations 2022 (WA).
"ACL" means the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
2.1 MyTake5 is a digital pre-task risk assessment tool that assists workers in identifying hazards and documenting controls before commencing work. It is a WHS service as defined under section 26A of the WHS Act.
2.2 Integrity Insider provides this service in accordance with its duty under s.26A of the WHS Act and has taken all reasonable steps to ensure the Service does not pose a health and safety risk when used for its intended purpose as defined in clause 4.
2.3 The Service is provided to Subscribers for use by their workers in connection with occupational health and safety processes. It is not a consumer product within the meaning of the ACL.
3.1 These Terms are accepted when any of the following occurs:
(a) A Subscriber pays a subscription invoice issued by Integrity Insider;
(b) A User enters a company code and accesses the Service; or
(c) A User taps "I Understand — Start Take 5" within the Service.
3.2 Each acceptance under clause 3.1 constitutes a binding agreement between Integrity Insider and the Subscriber (for organisational obligations) and between Integrity Insider and the User (for individual use obligations).
3.3 Subscribers are responsible for ensuring all Users within their organisation are aware of and comply with these Terms.
4.1 Intended Use. MyTake5 is intended solely as a supplementary pre-task hazard identification and documentation tool to support — not replace — the professional judgement of a competent person at a worksite.
4.2 Permitted Activities. Subscribers and Users may use the Service to:
(a) Complete digital Take 5 pre-task risk assessments;
(b) Identify and document workplace hazards and controls;
(c) Generate PDF and JSON records of completed Take 5 assessments;
(d) Use the AI-assisted work area scan as an observational aid for hazard identification.
4.3 Prohibited Activities. Subscribers and Users must NOT:
(a) Use the Service as the sole or primary risk assessment method for any task;
(b) Use the Service in place of, or as a substitute for, Safe Work Method Statements (SWMS), permits to work, Job Safety Analyses (JSA), principal mining hazard management plans, or any other document required by statute or site procedure;
(c) Rely upon the AI-assisted scan as a risk assessment or as evidence of any hazard in any legal, regulatory, insurance or disciplinary proceeding;
(d) Modify, tamper with, reverse engineer or decompile the Service;
(e) Share, transfer, sell or sublicence the company code to any person or organisation outside the Subscriber;
(f) Use the Service for any purpose that would constitute misuse within the meaning of s.26A of the WHS Act;
(g) Represent to any person that completion of a Take 5 using MyTake5 satisfies any statutory obligation independently of the Subscriber's own WHS management system.
5.1 Completion of a Take 5 using MyTake5 does not transfer, reduce, discharge or relieve any person of their individual duties under the WHS Act, including:
(a) The PCBU's primary duty of care under s.19;
(b) Officers' duties under s.27;
(c) Workers' duties under s.28;
(d) Any other duty imposed by the WHS Act or the Mines Regulations.
5.2 Consistent with s.14 of the WHS Act, a WHS duty cannot be transferred to another person. The provision of the Service by Integrity Insider does not constitute an assumption of any WHS duty of the Subscriber or any User.
5.3 Workers retain their right to cease unsafe work under s.84 of the WHS Act at all times, regardless of any Take 5 completed using the Service or any supervisor authorisation recorded within it.
6.1 The Service is designed for use by competent persons. By completing a Take 5 using MyTake5, each User represents and warrants that they:
(a) Are a competent person with the knowledge, skills and experience necessary to identify the hazards, assess the risks and confirm the controls applicable to the relevant task;
(b) Have applied their independent professional judgement in completing each step of the Take 5;
(c) Have not relied solely on the Service or any AI-generated output in forming their assessment.
6.2 Integrity Insider does not verify the competency of individual Users. The Subscriber is responsible for ensuring that only competent persons use the Service.
7.1 The AI work area scan feature transmits images to Anthropic PBC (USA) for processing under Anthropic's privacy policy. Images are not stored by Integrity Insider and are deleted from the device immediately after processing.
7.2 The AI-assisted scan output is a visual observation only. It does not:
(a) Constitute a risk assessment;
(b) Assign a risk rating or risk score;
(c) Represent the view of Integrity Insider on the safety of any work area;
(d) Constitute evidence in any legal, regulatory, insurance, workers' compensation or disciplinary proceeding.
7.3 Users must not rely on the AI scan output as the basis for any safety decision. The output is provided solely to assist the User's own independent hazard identification process.
7.4 Integrity Insider makes no warranty as to the accuracy, completeness or currency of any AI-generated output.
8.1 Integrity Insider collects only the data entered by Users in the course of completing a Take 5. This data is transmitted by email to the Subscriber's nominated supervisor upon submission. Integrity Insider does not retain, store or process this data beyond the email transmission.
8.2 Images taken using the AI scan feature are processed in-memory and deleted immediately after the AI response is received. Images are not stored on the device, retained by Integrity Insider, or included in any submission.
8.3 The collection and handling of data is governed by Integrity Insider's Privacy Policy, available at https://myglobal.dev/mytake5-privacy.html, and complies with:
(a) The Australian Privacy Principles (APP 3, APP 5, APP 8, APP 11) under the Privacy Act 1988 (Cth); and
(b) The Privacy and Responsible Information Sharing Act 2024 (WA) (best practice alignment).
8.4 By using the AI scan feature, the User consents to the cross-border disclosure of the relevant image to Anthropic (USA) for processing, as disclosed under APP 8.
9.1 MyTake5, including its code, design, user interface, documentation and all outputs generated by the Service (except to the extent they incorporate Subscriber or User content), is the proprietary intellectual property of Integrity Insider and is protected by copyright and other applicable laws.
9.2 © 2024–2026 Integrity Insider. All rights reserved. Unauthorised copying, modification, distribution or commercial exploitation of any part of the Service is prohibited.
9.3 Integrity Insider grants the Subscriber a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose as defined in clause 4, for the duration of the active subscription.
9.4 Company logos and branding displayed within the Service remain the property of the respective organisations. Subscribers grant Integrity Insider a limited licence to display their logo within the app for identification purposes only.
9.5 Nothing in these Terms transfers any intellectual property right from Integrity Insider to the Subscriber or any User.
10.1 Integrity Insider warrants that it will provide the Service with due care and skill as required by the ACL.
10.2 To the maximum extent permitted by law, Integrity Insider does not warrant that:
(a) The Service will be available at all times or free from interruption or error;
(b) The Service will meet the Subscriber's or User's specific requirements beyond its intended use;
(c) Any AI-generated output will be accurate, complete or fit for any purpose;
(d) The Service will function on all devices, operating systems or network configurations.
10.3 Integrity Insider will use reasonable efforts to correct material errors in the Service that are reported to contact@myglobal.dev within a reasonable time.
11.1 Cap on liability. To the maximum extent permitted by law, Integrity Insider's aggregate liability to the Subscriber and all Users for any and all claims arising from or in connection with the Service, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the total subscription fees paid by the Subscriber to Integrity Insider in the 12 months immediately preceding the event giving rise to the claim.
11.2 Exclusion of consequential loss. To the maximum extent permitted by law, Integrity Insider excludes all liability for:
(a) Loss of profit, revenue or business;
(b) Loss of data or corruption of data;
(c) Business interruption;
(d) Any indirect, special, incidental, punitive or consequential loss or damage of any kind;
whether or not Integrity Insider was advised of the possibility of such loss.
11.3 WHS penalties uninsurable. For the avoidance of doubt, Integrity Insider's liability under this clause does not extend to any WHS penalty imposed under the WHS Act or the Mines Regulations, consistent with s.272A of the WHS Act which prohibits insurance against such penalties.
11.4 Proportionate reduction. Where any loss or damage is caused or contributed to by the act, omission, negligence or breach of any Subscriber, User or third party, Integrity Insider's liability is reduced proportionately to the extent of that contribution.
11.5 Carve-outs. Nothing in this clause limits Integrity Insider's liability for:
(a) Fraud or wilful misconduct by Integrity Insider;
(b) Death or personal injury caused by Integrity Insider's gross negligence;
(c) Any liability that cannot lawfully be excluded or limited under the ACL or the WHS Act.
11.6 ACL non-exclusion. Where the ACL applies to the supply of the Service and confers rights on the Subscriber or User that cannot be excluded, Integrity Insider's liability for breach of such a right is limited, to the extent permitted by s.64A of the ACL, to:
(a) Resupplying the relevant service; or
(b) Paying the cost of having the relevant service resupplied.
12.1 The Subscriber indemnifies and holds harmless Integrity Insider, its officers, employees, contractors and agents from and against any claim, loss, damage, liability, cost or expense (including reasonable legal costs) arising from or in connection with:
(a) Any use of the Service by the Subscriber or any User beyond the intended use defined in clause 4;
(b) The Subscriber's or any User's failure to comply with these Terms;
(c) Any representation made by the Subscriber or any User that completion of a Take 5 using MyTake5 satisfies any statutory WHS obligation independently;
(d) The Subscriber's failure to discharge its duties as a PCBU under the WHS Act;
(e) Any modification, alteration or misrepresentation of any MyTake5 output (PDF or JSON) by the Subscriber or any User;
(f) The Subscriber's failure to ensure that only competent persons use the Service;
(g) Any act or omission of the Subscriber or any User that constitutes misuse of the Service within the meaning of s.26A of the WHS Act.
12.2 The indemnity in clause 12.1:
(a) Is not limited by the liability cap in clause 11.1;
(b) Survives termination of the subscription;
(c) Does not apply to the extent that the claim, loss or damage was caused or contributed to by Integrity Insider's own negligence or breach of these Terms.
12.3 Reasonable conduct. Consistent with ACCC guidance on fair indemnity clauses, the indemnity in clause 12.1 does not apply to the extent that the Subscriber has acted reasonably and in accordance with these Terms.
13.1 Access to the Service is conditional on payment of a subscription fee as invoiced by Integrity Insider.
13.2 Subscription fees are due within 30 days of invoice unless otherwise agreed in writing.
13.3 Integrity Insider may suspend access to the Service for any Subscriber whose subscription fee is overdue by more than 14 days, following written notice.
13.4 Integrity Insider may vary subscription fees on 30 days' written notice to the Subscriber. If the Subscriber does not accept the varied fee, it may terminate the subscription with 14 days' written notice prior to the variation taking effect.
13.5 Company codes are non-transferable and may only be used by the Subscriber for whom they were issued.
14.1 Integrity Insider may suspend or terminate a Subscriber's access immediately if:
(a) The Subscriber or any User uses the Service in breach of clause 4.3;
(b) The Subscriber's subscription fee is overdue and remains unpaid following 14 days' written notice;
(c) The Subscriber materially breaches these Terms and fails to remedy the breach within 14 days of written notice;
(d) Integrity Insider reasonably believes continued access poses a risk to any person's health or safety.
14.2 Either party may terminate the subscription by giving 30 days' written notice to the other party.
14.3 On termination, the Subscriber must cease using the Service. All company codes issued to the Subscriber are revoked.
14.4 Termination does not affect any accrued rights, the indemnity in clause 12, the limitation of liability in clause 11, or any other clause expressed to survive termination.
15.1 Integrity Insider may amend these Terms on 30 days' written notice to the Subscriber.
15.2 Continued use of the Service after the notice period constitutes acceptance of the amended Terms.
15.3 If the Subscriber does not accept the amended Terms, it may terminate the subscription under clause 14.2 before the amendments take effect.
15.4 Integrity Insider will not vary any term that would cause a significant imbalance in the parties' rights and obligations, is not reasonably necessary to protect its legitimate interests, and would cause detriment to the Subscriber, consistent with the requirements of the ACL unfair contract terms regime.
16.1 Each party agrees to keep confidential the commercial terms of the subscription (including fees) and any proprietary information disclosed by the other party in connection with the Service.
16.2 Integrity Insider will keep confidential all data submitted by Users through the Service and will not use it for any purpose other than provision of the Service.
16.3 This clause does not apply to information that:
(a) Is or becomes publicly available other than through a breach of these Terms;
(b) Must be disclosed by law or to a regulator.
17.1 If a dispute arises between the parties in connection with these Terms or the Service, the parties must attempt to resolve the dispute in good faith by direct negotiation for at least 30 days before commencing any legal proceedings.
17.2 If the dispute is not resolved within 30 days, either party may refer the dispute to mediation with a mediator agreed between the parties, or failing agreement, a mediator appointed by the Western Australian Institute of Dispute Management.
17.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court.
18.1 These Terms are governed by the laws of Western Australia.
18.2 Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.
19.1 Entire Agreement. These Terms, together with the subscription invoice and the in-app s.26A disclosure accepted by each User, constitute the entire agreement between the parties with respect to the Service and supersede all prior representations, negotiations, understandings and agreements.
19.2 Severability. If any provision of these Terms is found to be void, unenforceable or unlawful (including under the ACL unfair contract terms regime), that provision is severed from the Terms to the minimum extent necessary, and the remainder of the Terms continues in full force.
19.3 No waiver. A failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right.
19.4 Assignment. The Subscriber may not assign its rights or obligations under these Terms without Integrity Insider's prior written consent. Integrity Insider may assign its rights in connection with a sale of its business on 30 days' notice.
19.5 Relationship of parties. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the parties.
19.6 Force majeure. Neither party is liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including natural disasters, acts of government, communications failures or third-party service outages, provided the affected party gives prompt notice and takes reasonable steps to mitigate the impact.
19.7 Notices. Notices under these Terms may be given by email to contact@myglobal.dev (for Integrity Insider) or to the Subscriber's contact email on file.
These Terms are made with reference to and in compliance with:
These Terms and Conditions were last updated 1 June 2026. Integrity Insider | contact@myglobal.dev
Privacy: MyTake5 privacy policy.
