We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. In this Agreement, where the context permits, a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
eify enters into agreements with clients to develop and customise a personnel management, HSE, Access Control, Competency and Compliance Management, Timesheet Management, Project Controls Management system and more for their businesses (each a "Client"). Each Client can then direct each of its employees, officers, agents and contractors (each a "User") to register themselves or their employees and complete a series of tasks they require users to perform so they can be managed while working on client sites. In the case of a Client's contractors and their sub-contractors ( each an "Authorised User"), the Authorised User can register on our Site and pay for licences or Tokens (as defined below) for access to the system by themselves and/or their respective employees, officers and agents (also "Users"). For the sake of clarity, "Authorised User", in the context of this Agreement, only refers to a person that registers on the Site or has been registered by an authorised representative.
Some parts of the Site require registration. You are solely responsible for the confidentiality and use of and access to the eify content and Sites using your username, password or ID. Nomination for usage is a privilege, not an entitlement, and eify may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that eify changes its services, suspends, terminates or restricts your usage in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.
Our services are only available to, and may only be used by, individuals and corporate entities that can form legally binding contracts under applicable law.
Each User or Authorised User that accesses the Site must be the individual whose Personal Information (as defined below) has been entered for that User or Authorised User, as the case may be. In the case of an Authorised User that is not a natural person, the individual that accesses the Site on behalf of the Authorised User must be duly authorised by the Authorised User to do so.
Your usage rights are not transferable. Your eify account may not be dealt with in any way. In particular, you must not allow others to use it and must not transfer or sell it to another party. While you are a User or Authorised User you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.
2.1 The service provided by the Site is as follows: a User is provided access to the site. On completion of various tasks, on the terms determined by a Client, a User may be given the ability to print a certificate verifying completion of these tasks. The user’s profile is managed throughout the term of the licence and data related to the user’s activities is recorded in the system. This information is available to clients after the user’s licence has expired.
2.2 Usage of the Site is on a pay per use scheme, unless otherwise arranged by the Client. Users or Authorised Users may purchase a right for a User to have an active account by purchasing tokens ("Token") or licences ("Licence"). One Token permits one User access to the system for a determined period of time (each a "Use"). Use occurs once a User logs into the website and activates their account by using a licence or token. The User or Authorised User, as the case may be, is charged for all Tokens at the time of purchase, not at the time of Use. Each Token is valid for twelve (12) months from the date of purchase (the "Expiry Date"), after which the Token is no longer valid for Use.
The pricing per Token is determined by eify on a Client by Client basis. Usage fees may vary from User to User. Each User and Authorised User acknowledges that it has no right to negotiate the pricing of Tokens. The pricing per Token will be disclosed to the User and Authorised User during registration on our Site and each Use is conditional upon payment being made by a purchase of a Token.
Purchases of Tokens are non-refundable. On expiry, each Token that has not been Used by a User will be deemed to have been Used and is no longer valid.
2.3 By entering into this Agreement, each User acknowledges that they or their Authorised User or the Client may supply eify with the User's photograph for the purposes of preparing that User's access card. Each User authorises the supply of their photograph to eify for that purpose and eify's use of that photograph for that purpose. Without limitation to any other provision of this Agreement, eify disclaims any and all liability with respect to any delay in the Client's, the Authorised User's or User's work, failure to complete their work or other loss or damage they suffer which arises as a result of any delay in the delivery of an access card to the address nominated by the User, failure to deliver any access card to the address nominated by the User, the accuracy or appropriateness of the address nominated by the User for delivery of their access card, any inability to use the access card for any reason or any unauthorised access to premises using the access card by any person. eify will provide replacement access cards to Users upon receipt of a written declaration by the User that their access card has been lost or destroyed and payment of a replacement fee of $25.00.
2.4 Like all Policies, we may change our Fees and Credits Policy and the fees for our services from time to time as determined by the Client and eify. Changes to the Fees and Credits Policy are effective immediately. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars.
Without limiting any other remedies available to eify at law, in equity or under this Agreement, eify may, in its sole discretion, suspend or terminate your registration if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against eify in respect of any such suspension or termination of your registration.
This applies particularly to Personal Information, as outlined in Section 4 below. Each User warrants that the Personal Information they enter or upload onto our Site is accurate and complete in all respects and is not misleading in any way.
4.1 Definition. "Personal Information" means identification information requested in relation to the registration of a User or Authorised User, which includes but is not limited to: personal login information; contact information – including your name, address, drivers license, mobile phone number; industry ticket information - and company information - including the company or business name, address and Australian Business Number and/or Australian Company Number.
4.2 Personal Information must be accurate to the best of your knowledge. You agree that if at any time your Personal Information changes, or you become aware of an inaccuracy in your Personal Information that you will notify eify immediately and update that Personal Information as soon as practicable.
4.3 Personal Information must not, in any way whatsoever, be potentially or actually harmful to eify or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by eify. The Policies contain detailed statements of prohibited conduct relating to Personal Information. Without limiting any provision of this Agreement, Personal Information must be accurate, up to date and kept up to date and must not contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Site, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to eify by our Clients or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without the prior written permission of eify or of the party authorised to grant such permission.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO eify AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY ACCESS, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
2. we are unable to verify or authenticate any information you provide to us; or
3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our Users, our Clients, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents.
Each User and Authoriser User is taken to have agreed and acknowledged that eify is authorised to disclose any Personal Information and other information provided to eify or uploaded to our Site by them to the Client, its related bodies corporate and their respective employees, servants and agents. Otherwise, eify will not disclose your Personal Information to any third party, unless it has previously informed the User or Authorised User that intends to do so or is required to do so by law.
8.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, eify shall not be liable.
Consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to eify, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
8.2 To the extent that eify and all affiliates and related entities of eify are able to limit the remedies available under this Agreement, and subject to Clause 9 of this Agreement, eify and all affiliates and related entities of eify expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at eify's sole discretion):
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
9.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT eify AND ALL AFFILIATES AND RELATED ENTITIES OF eify HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR USERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
1. THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
2. * AUD$100.
9.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of eify and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if eify is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in this clause 9 will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services. In particular, you must ensure that your activities do not violate the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.
YOU ALONE, AND NOT eify, ARE RESPONSIBLE FOR ENSURING THAT YOUR ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind eify, its related entities or affiliates in any way whatsoever.
Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eify Pty Ltd PO Box 838 Artarmon NSW 2064. Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to eify during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after the email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
Any controversy or claim arising out of, or in connection with, this Agreement between eify and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and eify agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a User or Authorised User of eify, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement.
The Site and its associated services set out in this Agreement are offered by eify Pty Ltd, located at Unit 8, 12-18 Clarendon St, Artarmon NSW 2064 Australia.
This Agreement will be governed in all respects by the laws of the State of New South Wales, Australia. You and eify irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by eify to a third party without your consent in the event of a sale or other transfer of some or all of the assets of eify. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 4 (Personal Information), 5 (Access and Interference), 9 (Liability Limit), 10 (Indemnity) and 14 (Mediation and Dispute Resolution) will survive any termination or expiration of this Agreement.