These Terms are a binding agreement between TrafWise and every person or company that uses the TrafWise web portal or the TrafWise TC app. By creating an account, accepting an invitation, or using the service, you agree to them. If you are accepting on behalf of a company, you confirm you have authority to do so.
1. Definitions
- TrafWise, we, us
- TrafWise, the provider of the Service, based in Queensland, Australia.
- Service
- The TrafWise web portal, the TrafWise TC iPhone app, booking forms, notifications, and any related support.
- Operator
- The traffic control company that subscribes to the Service and is responsible for its account, its users and its payment.
- Allocator
- A person the Operator invites to the web portal to plan jobs, roster Crew and manage bookings.
- Crew user
- A traffic controller whose account is created by an Operator and who uses the TrafWise TC app to receive shifts, update job status, share location during a shift and submit site reports.
- Client
- A customer of an Operator (for example a council or civil contractor) who submits a booking through the Operator's booking form or receives job information from the Operator.
- User
- Any Operator, Allocator, Crew user or Client using the Service.
- Operator Data
- All information an Operator or its users enter into or generate through the Service, including jobs, rosters, timesheets, dockets, photos, location records and Client bookings.
2. Accounts and responsibilities
Operators
- You must provide accurate company and contact details and keep them up to date.
- You are responsible for every account you create or invite under your Operator account, including Allocator and Crew accounts, and for everything done through those accounts.
- You must only create accounts for people you employ or engage, must tell them that TrafWise will process their information as described in our Privacy Policy, and must remove accounts promptly when someone leaves.
- You must have a lawful basis for collecting Crew location during shifts and must not use the Service to monitor staff outside their working time. The app does not collect location outside a shift.
- You are responsible for complying with employment, workplace surveillance, privacy and work health and safety laws that apply to your business.
All users
- Keep your password private and do not share your account. Tell us or your Operator straight away if you think your account has been compromised.
- You must be at least 16 years old to use the Service.
- You are responsible for the accuracy of anything you submit, including timesheets, job status, photos and site reports.
3. Acceptable use
You must not:
- Use the Service to break any law, or to harass, threaten or discriminate against anyone.
- Upload content that is unlawful, offensive, infringes someone else's rights, or contains malware.
- Enter false information into dockets, timesheets, site reports or safety records.
- Access or attempt to access another Operator's data or any part of the Service you are not authorised to use.
- Reverse engineer, scrape, copy, resell or build a competing product from the Service.
- Interfere with the Service, overload it, or bypass security or usage limits.
- Use the Service to send unsolicited marketing.
We may suspend or remove content or accounts that breach this section, and we will tell the Operator when we do unless the law prevents it.
4. Subscription, trial and billing
- Free trial. New Operators receive a 14‑day free trial. You may cancel at any time during the trial and will not be charged. At the end of the trial your account continues only if you choose a plan and add a payment method.
- Billing. Subscriptions are billed to the Operator in Australian dollars, in advance, monthly or annually depending on the plan chosen. Prices are shown on our website and exclude GST unless stated. We may change prices with at least 30 days' notice; changes apply from your next renewal.
- Web billing only. Plans are purchased and managed only through the TrafWise web portal. The TrafWise TC app contains no purchases, subscriptions or in‑app payments; Crew users are never charged. The app is free to download and is provided to Crew by their Operator.
- Renewal and cancellation. Subscriptions renew automatically until cancelled. Operators can cancel from the portal at any time; the cancellation takes effect at the end of the current billing period. Fees already paid are not refunded except where Australian Consumer Law requires it.
- Non‑payment. If a payment fails we will notify you and retry. If it remains unpaid for 14 days we may suspend the account until payment is made, and after 60 days we may terminate it.
- Taxes. The Operator is responsible for any taxes that apply to its subscription.
5. Data ownership and privacy
- The Operator owns its Operator Data. TrafWise claims no ownership of it. You grant us a licence to host, process, back up, transmit and display Operator Data only as needed to provide the Service, support you and comply with law.
- TrafWise processes Operator Data on the Operator's instructions. For personal information about Allocators, Crew and Clients, the Operator is responsible for collecting it lawfully and TrafWise acts as its processor. Our Privacy Policy forms part of these Terms.
- Operators can export their data from the portal at any time and for 90 days after cancellation, after which we delete it (other than records we must keep by law).
- Crew users may delete their own account from the TrafWise TC app. Operators must not obstruct this.
- We may use aggregated, de‑identified statistics (for example the number of shifts rostered across all customers) to operate and improve the Service. These never identify an Operator, user or Client.
- We will keep Operator Data confidential and will not disclose it except as set out in the Privacy Policy or as required by law.
6. Availability and changes
We aim to keep the Service available at all times but cannot promise it will be uninterrupted or error‑free. Outages may occur because of maintenance, updates, our hosting providers, telecommunications networks or events outside our control. We will give reasonable notice of planned maintenance where we can. Mobile features depend on your device, iOS version, network coverage and GPS, which we do not control.
We may add, change or remove features. If a change materially reduces the Service, Operators may cancel and receive a pro‑rata refund of any prepaid, unused period.
Because the Service may be unavailable, Operators must keep their own means of contacting crews and running jobs, such as phone contact and printed traffic guidance schemes.
7. Safety and compliance disclaimer
- Operators remain solely responsible for compliance with AS 1742.3 (Manual of uniform traffic control devices – Traffic control for works on roads), the Austroads Guide to Temporary Traffic Management (AGTTM), the requirements of the relevant state or territory road authority (for example TMR in Queensland, Transport for NSW, DTP in Victoria, Main Roads WA), and all applicable work health and safety laws and codes of practice.
- Operators are responsible for ensuring Crew hold current, valid qualifications and tickets for the work assigned to them, regardless of what is recorded in the Service.
- Location, arrival status and job status shown in the Service are reported by the user's device and may be delayed, inaccurate or unavailable. They must not be relied on as the sole confirmation that a site is staffed or safe.
- Notifications may be delayed or not delivered because of device settings, network coverage or platform limits. Time‑critical instructions must be confirmed by other means.
- Nothing in the Service constitutes engineering, legal or safety advice.
8. Intellectual property
TrafWise owns the Service, its software, design, branding and documentation. You receive a limited, non‑exclusive, non‑transferable right to use the Service while your account is active, in accordance with these Terms. The TrafWise TC app is licensed, not sold, and is also subject to Apple's App Store terms. Feedback you give us may be used to improve the Service without obligation to you.
9. Liability
Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or right that cannot lawfully be excluded. Where a guarantee applies and can be limited, our liability is limited, at our option, to re‑supplying the Service or paying the cost of having it re‑supplied.
Our liability cap. To the extent permitted by law, TrafWise's total liability to an Operator and its users for all claims arising out of or connected with the Service in any 12‑month period is limited to the subscription fees that Operator paid to TrafWise in that period.
Excluded loss. To the extent permitted by law, TrafWise is not liable for indirect or consequential loss, loss of profit, revenue, business, contracts or data, or for loss arising from: incorrect or delayed information entered by users or their devices; on‑site incidents, traffic incidents or personal injury; failure to comply with AS 1742.3, AGTTM, road authority or WHS requirements; unavailability of the Service; or actions of third‑party providers such as hosting, mapping, telecommunications or app stores.
Indemnity. The Operator indemnifies TrafWise against claims brought by third parties (including the Operator's staff, Crew and Clients) that arise from the Operator's use of the Service, its Operator Data, or its breach of these Terms or of any law.
10. Termination
- By the Operator. Cancel at any time from the portal. Access continues until the end of the paid period.
- By a Crew user. Delete your account at any time from the TrafWise TC app, or ask your Operator to remove it.
- By TrafWise. We may suspend or terminate an account immediately if there is a serious or repeated breach of these Terms, unlawful use, non‑payment, or a security risk. Otherwise we may terminate on 30 days' written notice, in which case we refund any prepaid, unused period.
- After termination. Operators have 90 days to export Operator Data, after which we delete it. Sections 5, 7, 8, 9, 11 and 12 survive termination.
11. General
- Changes to these Terms. We may update these Terms. We will notify Operators by email and in the portal at least 14 days before material changes take effect. Continued use after that date is acceptance. If you do not agree you may cancel before the change applies.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and TrafWise for the Service, unless you have a separate written agreement signed by TrafWise.
- Assignment. You may not transfer your rights under these Terms without our consent. We may assign these Terms to a successor of our business.
- Severance. If part of these Terms is unenforceable, the rest continues to apply.
- No waiver. A delay in enforcing a right is not a waiver of it.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Apple. For the TrafWise TC app, Apple is not a party to these Terms and has no obligation to provide support or maintenance for the app. Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them against you.
12. Governing law
These Terms are governed by the laws of Queensland, Australia. You and TrafWise submit to the non‑exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them. Before starting court proceedings, both parties agree to try in good faith to resolve any dispute by discussion for at least 30 days.
13. Contact
Questions about these Terms: trafwise.com/support
Privacy matters: our support form
TrafWise, Queensland, Australia