Terms and conditions
Modification of the Use Agreement
ESQ reserves the right to change the terms, conditions, and notices under which the Portal is offered. ESQ will give You no less than 14 days’ notice of any proposed changes. Should you object to such changes then You must cease using the Portal immediately.
ESQ and Damstra each grant You a non-exclusive and non-transferable right to use and access the Portal in strict accordance with the terms of this Use Agreement and any direction or guideline from ESQ. ESQ reserves the right to refuse to license or to suspend a licence to the Portal to any person without giving reasons.
Subject to You complying with Your obligations under this Use Agreement, ESQ and Damstra will allow You to logon to and use the Portal.
All intellectual property rights in the Portal will at all times remain vested in Damstra (except so much of the data stored in Portal which Damstra acknowledges is owned by You or ESQ or a site operator).
You must not modify, reverse engineer, decompile or disassemble the Portal. You must not distribute, sell, sub-license or otherwise make the whole or part of the Portal available for use by parties not licensed to use it.
No Unlawful or Prohibited Use and Liability Disclaimer
The information, software, products, and services included in or available through the Portal may include inaccuracies or typographical errors. Changes are made periodically to the information herein. Damstra and/or its suppliers may make improvements and/or changes in the Portal at any time. Advice received via the Portal should not be relied upon for personal, medical, legal or financial decisions and You should consult an appropriate professional for specific advice tailored to Your situation.
Neither ESQ nor Damstra and/or their suppliers make any representations or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Portal for any purpose. In particular, ESQ and Damstra do not warrant the Portal will be accurate and operational at all times.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Damstra and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
As a condition of Your use of the Portal, You warrant to ESQ and Damstra that You will not use the Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Portal in any manner which could damage, disable, overburden, or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Portal.
To the maximum extent permitted by applicable law, in no event shall ESQ, Damstra and/or their suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Portal, with the delay or inability to use the Portal or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Portal, or otherwise arising out of the use of the Portal, whether based on contract, tort, negligence, strict liability or otherwise, even if ESQ, Damstra or any of its suppliers has been advised of the possibility of damages.
Disclosure of Information to Owners
Input of Information by Third Party
Where You are inputting information into the Portal other than information relating to You, You warrant and guarantee that:
- the information You are inputting is accurate, correct, does not contain any errors and is up to date;
- You have received complete authority from the individual to whom the information relates to disclose and input the information; and
ESQ may issue You a site access swipe card carrying identification data linked with and used by the Portal (access card).
You agree that:
- The physical access card will at all times remain the property of ESQ;
- All risk in Your use of the access card and the Portal will be borne by You;
- Data that You provide to us through the Portal will be encoded on to the access card. You consent to this data being accessed and used by ESQ, Damstra and by site controllers at sites which You are engaged to perform work; and
- Some data encoded on the access card will be Your personal information. Some data will be site-specific data that can only be accessed by (and is owned by) certain site controllers, whilst other data will be industry-specific and will be accessible by all site controllers with You are engaged to perform work.
Fees Authorisation, Cancellation, Refund and Re-Scheduling Policy
- ESQ reserves the right to cancel or block a cardholder based on authorisation from authorised Industry bodies, site owners, or otherwise using its own discretion.
- By providing Your payment details through the Portal, You irrevocably authorise and direct ESQ and Damstra to use those details to deduct all fees payable to ESQ by You, including without limitation card registration fees.
By accepting this Use Agreement, You acknowledge and agree to pay the applicable fees in consideration for ESQ allowing You access to the Portal in accordance with this Use Agreement.
The fees are exclusive of GST.
If any GST is imposed on any supply made under this Use Agreement, then the party making the supply will collect from the recipient, in addition to any consideration due for the supply, an amount equivalent to the GST payable on that supply.
If the recipient of the supply is required to pay an additional amount for GST pursuant to this clause, then the recipient will pay the increased amount in the same manner and at the same time as the consideration, which may be due under this Agreement.
Use of the Portal is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You, ESQ and/or Damstra as a result of this agreement or use of the Portal.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of QLD, Australia and You hereby consent to the exclusive jurisdiction and venue of courts in QLD, Australia in all disputes arising out of or relating to the use of the Portal.
ESQ and Damstra each reserve the right, in their sole discretion severally, to terminate Your access to the Portal and the related services or any portion thereof at any time, without notice. ESQ and Damstra’s performance of this Use Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ESQ and Damstra ‘s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Portal or information provided to or gathered by ESQ with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between You and each of ESQ and Damstra with respect to the Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and ESQ with respect to the Portal.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the Portal are: Copyright 2016 Damstra and/or its suppliers. All rights reserved.
Any rights not expressly granted herein are reserved.
The names and images of companies and products mentioned herein may be the trademarks of their respective owners.