These terms govern your use of the Daylight website and any engagement for professional services.
In these Terms and Conditions, the following definitions apply:
Daylight Risk & Resilience provides advisory services aligned with ISO 45003 and the Safe Work Australia risk management cycle. This includes the deployment of an anonymous employee Survey, analysis of responses against published research benchmarks, and the production of Deliverables designed to give the Client visibility into psychosocial hazards across their organisation. We do not provide legal advice and are not an accredited certifying body.
ISO 45003 is guidance and is not certifiable. ISO 45001 certification, where relevant, is provided by independent accredited bodies — not by Daylight.
Primary duty of care. Our engagement supports — but does not transfer or discharge — the primary duty of care held by the Person Conducting a Business or Undertaking (PCBU) under applicable Work Health and Safety legislation. The Client retains all statutory obligations as the PCBU at all times.
Audit-readiness. Statements about audit-readiness refer to the design and documentation of the management system we help build. Specifically, our Deliverables provide timestamped evidence that the Client has proactively (1) identified potential psychosocial hazards via staff consultation, (2) assessed their severity, and (3) provisioned targeted remediation playbooks for management. They are not assurances regarding the outcome of any specific audit, inspection, tribunal, or regulatory action.
Financial figures. Any financial figures presented in our materials, calculators, or reports are modelled estimates of exposure based on inputs you provide. They are not guarantees of cost recovery, savings, or any specific financial outcome.
Daylight does not provide:
No software tool can legally certify a workplace. Daylight provides intelligence and good-faith baseline documentation that regulators expect to see as a starting point — not a verdict on compliance. Deliverables are intended to inform decision-making, not to replace independent legal, clinical, or regulatory advice. Clients should seek independent professional advice before making material decisions based on the Deliverables.
An Engagement commences upon the Client signing a written proposal issued by Daylight and making payment in full. No work will begin until both conditions are satisfied.
Client responsibilities include:
Daylight commits to delivering all Deliverables within 14 business days of the Survey closing, subject to the Client fulfilling their responsibilities above. Delays caused by the Client (including delayed survey distribution, internal approval processes, or failure to provide requested data) may extend the delivery timeline accordingly.
Fees for each Engagement are set out in the signed proposal. Payment is required in full prior to the commencement of any work. Payment is made by bank transfer to the account specified on the invoice issued by Daylight.
Engagement Packages: Where a Client purchases an Engagement Package at a discounted rate, payment for all Engagements in the Package is required in full prior to the commencement of the first Engagement. Engagement Package fees are non-refundable except where Daylight breaches the Daylight Guarantee in respect of a specific Engagement within the Package (in which case the fee attributable to that Engagement is waived in accordance with Schedule A).
Invoices not paid within 14 days of the due date may incur interest at a rate of 2% per month on the outstanding balance. Daylight reserves the right to suspend or withhold Deliverables until overdue amounts are settled.
Cancellation terms depend on the stage of the Engagement:
Cancellation requests must be made in writing to enquiries@daylightrisk.com.
Upon receipt of full payment, the Client owns the Deliverables produced during their Engagement. The Client may use, distribute, and share the Deliverables with their professional advisors, board members, auditors, and internal stakeholders without restriction.
Daylight retains ownership of:
The Client may not resell, sublicense, or commercially redistribute the Deliverables, the Survey instrument, or any component of the Platform.
Daylight collects and processes two categories of data:
1. Client organisational data: Headcount, department structure, and contact details of key stakeholders provided by the Client for the purposes of conducting the Engagement.
2. Survey response data: Anonymous, non-identifying responses submitted voluntarily by Survey Participants. No names, email addresses, or other personally identifying information is collected from Survey Participants.
All data is collected and processed in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs). The lawful basis for processing is the legitimate interest of the Client in managing their work health and safety obligations under applicable Australian legislation.
For full details on how data is collected, used, and protected, refer to Daylight's Privacy Policy.
All data is hosted on Supabase infrastructure located in Australia. Data is encrypted both at rest and in transit using industry-standard encryption protocols.
Retention: Client data and aggregated Survey results are retained for a minimum period of seven (7) years from the date of Engagement completion. This retention period supports external auditing and legal compliance requirements. At the conclusion of the retention period, all data is securely deleted and Platform access is deactivated. For Clients with multiple Engagements, the retention period is calculated from the completion of the most recent Engagement.
The Client may request a copy of their aggregated data at any time during the retention period by contacting enquiries@daylightrisk.com.
Daylight maintains appropriate technical and organisational measures to protect data against unauthorised access, loss, or misuse. In the event of a data breach that is likely to result in a risk to the Client, Daylight will notify the Client without undue delay.
Participation in the Survey is entirely voluntary. No Survey Participant is required to complete the Survey, and no consequence shall arise from choosing not to participate.
Survey Participants have no direct contractual relationship with Daylight. Their employment relationship is solely with the Client. Any questions or concerns from Survey Participants regarding data handling should be directed to the Client in the first instance, who may then raise them with Daylight.
Daylight's analysis platform incorporates proprietary algorithmic and machine learning tools to identify patterns, generate risk scores, and produce Deliverables.
Daylight regularly reviews its technology providers to ensure continued compliance with data protection and privacy requirements.
Both parties agree to treat all Confidential Information received from the other party with reasonable care and to not disclose it to any third party without prior written consent, except:
Daylight will treat all Client data, Survey results, and Deliverables as Confidential Information. The Client agrees to treat Daylight's methodology, pricing, and proprietary processes as Confidential Information.
Confidentiality obligations survive the termination or expiration of the Engagement.
(a) General limits. To the maximum extent permitted by law:
(b) Non-excludable liability. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
(c) Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or other right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded. Where Daylight's services are a supply to a "consumer" within the meaning of the Australian Consumer Law and a non-excludable guarantee is breached, Daylight's liability for that breach is limited (to the extent permitted by section 64A of the Australian Consumer Law) to one of the following, at Daylight's election:
The following disclaimers apply to both the Website and all Engagements:
Service area: Daylight provides services to organisations across all Australian states and territories. The governing law and jurisdiction provisions below relate solely to how disputes arising under these Terms will be interpreted and resolved; they do not limit the geographic scope of Daylight's services.
Governing Law: These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.
Dispute Resolution: In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation administered by the Resolution Institute (or another mediator agreed in writing by the parties), conducted in Melbourne, Victoria. If mediation fails, either party may pursue resolution through the courts referred to in the Governing Law clause above.
Force Majeure: Neither party shall be liable for failure to perform obligations where such failure is caused by circumstances beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, or infrastructure failures.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement: These Terms, together with the signed proposal for any Engagement, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements.
Schedules: Schedule A (Daylight Guarantee) forms part of these Terms and applies to each Engagement.
Amendment: Daylight may update these Terms from time to time. Material changes will be communicated to active Clients. Continued use of the Website or engagement of services after notification constitutes acceptance of the updated Terms.
Contact: For any questions regarding these Terms, please contact enquiries@daylightrisk.com.
The following guarantees apply to each Engagement unless the signed proposal expressly states otherwise.
1. Financial Guarantee (5× ROI Threshold)
If the Deliverables do not identify at least five times (5×) the Engagement fee in quantified financial exposure to the Client's organisation, the full Engagement fee is waived. The Client simply does not pay.
2. Methodology Guarantee (ISO 45003 Alignment)
If the Deliverables do not provide a structured baseline assessment aligned with ISO 45003:2021, the full Engagement fee is waived.
3. Claim Window
4. Exclusions
The guarantees do not apply where:
Daylight guarantees the quality and methodology of its Deliverables — not the behaviour of external regulators.
5. Engagement Packages
Where a Client has purchased an Engagement Package, the guarantees apply to each Engagement within the Package individually. If a guarantee is triggered for a specific Engagement, only the fee attributable to that Engagement is waived. The remainder of the Package is unaffected.