Last updated: 25/08/2026, Version 1.0
1. About this agreement
This End User Licence Agreement (“Licence“) covers your right to install and run the AFS Connect mobile application software (“App“), supplied by Austral Facility Services (“AFS”, “we”, “us”, “our”).
Entry details:
- Name: EMG Facility Services Pty Ltd, trading as Austral Facility Services
- ABN: 66 623 184 529
- Head Office: 25/23 Ashtan Place, Brisbane 4014
By installing or using the App, you accept this Licence. If you do not accept it, do not install the App, and remove it if you already have.
This Licence is narrow. It deals only with the software on your device. Three other documents cover the rest:
DOCUMENT WHAT IT COVERS
- Terms of Service Your use of service, your account, and attendance records
- Privacy Notice What personal information we handle and how
- Acceptable Use Policy What you must not do when using the App
If there is any inconsistency, the order of precedence is: Acceptable use Policy, then the Terms of Service, then this Licence.
2. Definitions and interpretation
Contractor Company means the company that engages you, and that has an arrangement with AFS to supply services at an AFS client site.
Device means a mobile phone or tablet that you own or control.
Terms defined in the Terms of Service have the same meaning here.
If you are a sole trader contracting directly with AFS rather than being engaged by a Contractor Company, references to your Contractor Company should be read as references to you.
3. Your licence
3.1 AFS grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and run one copy of the App on each Device you own or control, solely for the purpose of performing work at AFS client sites.
3.2 The licence is granted to you as an individual. It is tied to your AFS Connect account and lasts only as long as you have access to that account.
3.3 On Apple devices, the licence is limited to use on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. See section 15.
4. What you may not do
4.1 You must not:
- copy the App, except as necessary to install and run it as permitted by this Licence;
- sell, rent, lease, lend, sublicence, distribute or otherwise transfer the App or your licence to anyone;
- modify, adapt or create derivative works of the App;
- remove, obscure or alter any proprietary notice, mark or attribution in the app;
- use the App on a device that has been jailbroken, rooted, or otherwise modified to bypass its manufacturer’s security controls;
- use any emulator, mock-location tool, automation script, or other software to interfere with, simulate or falsify the App’s operation, its location readings, or the time it records;
- attempt to gain unauthorized access to the App, its back-end systems, or any data in them; or
- use the App other than in connection with your own work at AFS client sites.
In Australia, sections 47B to 47F of the Copyright Act 1968 (Cth) permit certain acts in relation to computer programs – including making back-up copies, reproducing a program to achieve interoperability, correcting errors, and testing security. Section 47H provides that an agreement excluding or limiting those provisions has no effect. Nothing in this Licence is intended to exclude or limit them, and to the extent it would, it does not apply.
4.3 Some conduct listed in clause 4.1 is also prohibited by the Acceptable Use Policy and may lead to suspension of your account under the Terms of Service.
5. Ownership
5.1 The App is licenced to you, not sold. AFS and its licensors own all intellectual property rights in the App, including its software, source code, design, interfaces, branding and documentation.
5.2 All rights not expressed granted to you by this Licence are reserved.
5.3 This Licence does not give you any rights in the data the App displays, including Scope Information, which is dealt with in the Terms of Service.
6. Updates
6.1 AFS may release updates, patches or new versions of the App. Your device may install them automatically depending on your settings.
6.2 This Licence applies to any update unless the update is accompanied by its own licence terms, in which case those terms apply to that update.
6.3 AFS may stop supporting older versions of the App. If you do not install an update, some or all of the App may stop working. AFS will give reasonable notice where practicable.
7. Your device and your data allowance
7.1 You are responsible for your Device, its operating system, its security, and its connection to a network.
7.2 Using the App uses your mobile data. AFS does not pay for or reimburse your data usage or any other cost of using your own Device. If you believe those costs should be met by someone, that is a matter between you and your Contractor Company.
7.3 The App requires access to your Device’s location services to verify attendance. You can decline or withdraw that permission at any time. Doing so does not prevent you from using the App or clocking in and out – see Terms of Service clause 7.3.
8. Third-party components
8.1 The App includes third-party software components, including open-source components, which are licenced under their own terms.
8.2 Those terms take precedence over this Licence in relation to those components, and some of them give you rights this Licence does not.
8.3 A list of third-party components and their licences is available from the in-app “Open-Source Licences” screen (Profile > Information).
9. How long this Licence lasts
9.1 This Licence starts when you install the App and continues until it ends under this section.
9.2 It ends automatically when:
- your access to AFS Connect ends under the Terms of Service, including when you no longer have a current arrangement with AFS;
- you delete your account; or
- you uninstall the App
9.3 AFS may end this licence immediately if you breach it, or if AFS suspends or terminates your account under Terms of Service clause 13.
9.4 When this Licence ends, you must stop using the App and remove it from your Devices.
9.5 Ending this Licence does not affect any Purchase Order, your engagement, or your ability to perform contracted work. See Terms of Services clause 13.1
9.6 Sections 4, 5, 10, 11, 12, 15, 17 and 18 survive the end of this Licence.
10. Your rights under the Australian Consumer Law
10.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
10.2 Nothing in this Licence excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. If any part of this Licence would do so, that part does not apply to the extent of the inconsistency.
10.3 Where AFS is entitled to limit its liability for a failure to comply with a consumer guarantee, and the failure relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, AFS’ liability is limited, at AFS’ option, to:
- for goods: replacing them, supplying equivalent goods, repairing them, or paying the cost of doing any of those things; and
- for services: supplying the services again or paying the cost of having them supplied again.
10.4 Sections 11 and 12 apply subject to this section 10.
11. Warranties
11.1 Subject to section 10, AFS does not warrant that the App will be free of faults, that it will operate without interruption, that it will be compatible with every Device or operating system version, or that location readings will always be available or accurate.
11.2 Location accuracy depends on your Device’s hardware, your surroundings, and satellite and network availability. The App is designed so that a failed or unavailable location reading does not prevent you clocking in or out.
11.3 AFS does not warrant that the App will always be available. See Terms of Service clause 10.
12. Limitation of liability
12.1 Subject to section 10, and to the maximum extent permitted by law, AFS is not liable to you for any indirect, consequential, special or incidental loss, or loss of profit, loss of income, loss of opportunity, loss of anticipated work, or loss or corruption of data, arising out of or in connection with the App or this Licence.
12.2 Section 12.1 does not apply to liability for:
- death or personal injury caused by AFS’ negligence;
- fraud or fraudulent misrepresentation;
- a breach of the Privacy Act 1988 (Cth); or
- any other liability that cannot lawfully be limited or excluded.
12.3 AFS is not liable for loss caused by your Device, its operating system, its security state, your network connection, or your breach of this Licence.
12.4 Nothing in this section affects rights or liabilities under a purchase Order.
13. Privacy
How AFS handles personal information collected through the App is set out in the Privacy Policy and AFS connect Privacy Notice, available at www.australfs.com.au and from within the App.
14. Users under 18
If you are under 18, you may only install and use the App where AFS, your Contractor Company and your parent or guardian have entered into a written agreement covering your use of the App, including this Licence. See Terms of Service clause 4.3.
15. Additional terms for the Apple App Store
This section applies if you obtained the App from the Apple App Store. It is included to meet Apple’s requirements for a custom end user licence agreement.
15.1 Acknowledgement. This Licence is concluded between you and AFS only, and not with Apple. AFS, not Apple, is solely responsible for the App and its content. This licence does not provide usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
15.2 Scope of licence. Your licence to use the App is a non – transferable licence to use it on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
15.3 Maintenance and support. AFS is solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide any maintenance or support services.
15.4 Warranty. AFS is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are AFS’ sole responsibility.
(The App is supplied free of charge, so the purchase price referred to in this clause is nil.)
15.5 Product claims. AFS, not Apple, is responsible for addressing any claim by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to comply with a legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation. This Licence does not limit AFS’ liability to you beyond what is permitted by applicable law.
15.6 Intellectual property. If a third-party claims that the App, or your possession and use of it, infringes that third party’s intellectual property rights, AFS, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
15.7 Legal compliance. You represent and warrant that you are not located in a country subject to a United States Government embargo, or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
15.8 Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.
15.9 Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this Licence, and on your acceptance of it Apple will have the right – and is deemed to have accepted the right – to enforce this Licence against you as a third-party beneficiary.
15.10 Contact. Questions, complaints or claims about the App should be directed to AFS at afsconnect@australfs.com.au.
16.Google Play
If you obtained the App from Google play, your use is also subject to the Google Play Terms of Service. Google is not a party to this Licence and is not responsible for the App.
17. Governing law
17.1 This Licence is governed by the law of Queensland, Australia.
17.2 You and AFS submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.
18. General
18.1 Changes. AFS may change this Licence to reflect changes to the App or to the law. Where a change materially affects your rights, AFS will give you reasonable notice. Continuing to use the App after a change takes effect means you accept it.
18.2 Severance. If any part of this Licence is unenforceable, it is severed and the rest continues to apply.
18.3 Waiver. A failure by AFS to enforce a provision is not a waiver of it.
18.4 Assignment. You may not transfer your rights under this Licence. AFS may assign or novate it to a related body corporate or in connection with a sale of its business.
18.5 Entire agreement. This Licence, together with the Terms of Service, the Acceptable Use policy and the Privacy Policy, sets out the whole agreement between you and AFS about the App. It does not form part of, vary or affect any Purchase Order or services agreement.
19. Contact
Austral Facility Services
ABN: 66 623 184 529
Head Office: 25/23 Ashtan Place, Brisbane 4014
Support: afsconnect@australfs.com.au