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Damstra Technology Pty Ltd (Damstra) reserves the right to revise these Terms and Conditions at any time. Any such revision will be binding and effective immediately upon posting of the revised Terms and Conditions on www.damstratechnology.com. Your continued use of our site constitutes agreement to any revision of the Terms and Conditions.
The information, software, products, and services included in or available through damstratechnology.com or TWMS (the Portal) includes information and data uploaded into the Portal by clients and other users of the Portal. Damstra does not verify the accuracy of that information and data. Damstra stores and provides access to the information and data contained in the Portal.
Damstra does not own or control the information or data contained within the Portal. Damstra makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Portal for any purpose. 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 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 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. You may not translate, reverse engineer, decompile or disassemble the Portal or create derivative works based on, the Portal.
To the maximum extent permitted by applicable law, in no event shall Damstra be liable for any 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 Damstra has been advised of the possibility of damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Portal, you agree that your sole and exclusive remedy is to discontinue using the Portal. If you do not agree with any part of these terms, you should not commence or continue use of the Portal.
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 owner.
Damstra provides data processing and management services. The fees associated with providing this service are charged once paperwork is submitted to Damstra. The processing includes, but is not limited to, booking requests, induction bookings, TWMS profile updates, and registrations.
Damstra is NOT the training provider and does not complete any training.
Payment terms are strictly 30 days from date of invoice. Bookings will not be processed until current credit card details are provided or, for account customers, a copy of the purchase order is received by Damstra.
Each site that utilises the Total Workforce Management System (TWMS) has specific site requirements and reserves the right to refuse to induct or familiarise any person who does not meet their site's requirements, standards or whose skills are not required on site. To find the site-specific requirements, go to www.damstratechnology.com/Sites, find a specific site, and check the pre-induction or pre-familiarisation checklist as well as their competency data as per skills list/skills matrix.
Damstra assumes no liability for any loss due to a booking or registration not being accepted or made; whether it is due to an error in the information supplied, data entry error made during the processing of documentation, or the site rejecting booking requests.
Booking or Registrations Requests will not be processed without correct credit card details or a copy of your company purchase order provided with induction or site familiarisation booking request forms and paperwork if required. So as not to incur a late-booking fee, all booking requests or paperwork submissions with the essential forms and paperwork outlined in site pre-induction or pre-familiarisation checklists must be submitted to Damstra prior to the late submission window before the training date, within business hours (between 8am and 4pm from Monday to Friday).
Tentative bookings are not made. Bookings are only secured when all the correct paperwork is processed. Unclear or illegible documents and paperwork will not be accepted, and the booking will not be made. Every skill requested by an individual must be backed up with all the recognised paperwork for that skill, e.g. Trade Papers, Degree or Letters of Competency.
Damstra and its clients reserve the right to cancel or change the induction or site familiarisation date and will notify the attendee. The participant can reschedule that booking for the same site at no extra cost. Fees are non-transferable.
By providing your payment details to Damstra, you irrevocably authorise and direct Damstra to use those details to deduct all fees payable to Damstra by you under these Terms and Conditions. All transactions are processed in the local currency of the applicable site.
Employee Transfer fee refers to the fee payable when acquiring the services of a contractor who, at that point in time, has previously registered a profile with Damstra.
A discount is applied to the total amount payable of the Employee Transfer fee, excluding gst and credit card surcharge, capped to the maximum value of the registration/booking.
Manual Bookings are excluded from this discount offer. The Employee Transfer Discount offer is available on an individual basis and is available only when the Employee Transfer Fee and Induction Booking or Registration fee has been successfully lodged and processed by Damstra. The offer is not available in conjunction with any other offer during the validity of this offer. Offer is only available to online bookings; manual bookings are not accepted. Bookings and registrations must be lodged and processed strictly within a seven (7) day timeframe (including weekends and public holidays. By providing your payment details to Damstra Technology Pty Ltd, you irrevocably authorise and direct Damstra Technology Pty Ltd to use those details to deduct all fees payable to Damstra Technology Pty Ltd by you under these Terms and Conditions.
REFUNDS
Refunds are not offered as a matter of course as all information submitted is deemed to be processed at the point of submission. To avoid incorrect site selection, Damstra recommends you have your pre-approval (if applicable) and an order number for the work being carried out prior to submitting paperwork.
A 'late booking fee' applies when booking requests and compulsory paperwork and forms are received by Damstra within the late submission window. Please contact Damstra via phone or email for a quote. NOTE: Site variation to process is required for any late booking requests.
An administration fee is charged at the discretion of Damstra for additional administration, reporting, and accounting services. Fees will be charged for, but are not limited to: manual scanning, changes to employee or employer details within TWMS, reports requested from TWMS. Employee and company reports are freely available on TWMS Portal; therefore, additional reports will be charged per report.
Access cards are issued at the discretion of Damstra and the Client. You acknowledge and agree that all employees are made aware that TWMS Access cards are an integral part of a larger data collection, storage, and maintenance system managed by Damstra on behalf of our clients.
Quick Response (QR) codes are printed on the back of each card. The QR code allows individuals and authorised Site Coordinators to view inductions, skills, site appointments, competencies, and expiry information.
Any data stored or created by utilising TWMS Access cards and the associated QR codes will remain the property of Damstra. Any risk associated with the use and/or safekeeping of the TWMS Access card and associated data will pass to the individual and their employer jointly from the date that the TWMS Access card is delivered to the company.
Replacement TWMS Access cards will incur a replacement card fee. Damstra and/or the Client reserve the right to withdraw, suspend, or deactivate a TWMS Access card at any time without providing cause or reason.
By utilising the services of Damstra you authorise Damstra to record your telephone calls for Quality, Training and Audit purposes. If you do not wish to have your call recorded please let the Damstra representative know at the beginning of your call. Authorisation It is accepted by Damstra that any information a company provides us about an employee, that employee has given their express permission to provide that information to Damstra. Damstra accepts no responsibility for receiving information if you have failed to obtain this express permission.
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Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.
Strictly Necessary Cookies
These cookies are essential to enable you to move around the website and use its features. Without these cookies, we cannot provide some of the basic functionalities of our website.
Performance Cookies
These cookies collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This helps us to understand and improve the site, so it is easy to use and includes helpful content. They also allow us to fix bugs or glitches on the website. These cookies don’t collect information that identifies visitors, so we can’t identify you individually. We use Google Analytics to track usage of our websites and interaction with our newsletters. For example, to see what content you click on, so we can analyse what content is of most interest to our audience.
Functionality Cookies
These cookies allow our website to remember the choices you make as you browse the site. They provide more enhanced and personal features. The information collected is anonymised and they cannot track your browsing activity on other sites once you leave our site.
The information, software, products, and services included in or available through the Portal includes information and data uploaded into the Portal by clients and other users of the Portal. Damstra does not verify the accuracy of that information and data.
Damstra stores and provides access to the information and data contained in the Portal. Damstra does not own or control the information or data contained within the Portal. Damstra makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Portal for any purpose. 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 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 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. You may not translate, reverse engineer, decompile or disassemble the Portal or create derivative works based on, the Portal.
To the maximum extent permitted by applicable law, in no event shall Damstra be liable for any 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 Damstra has been advised of the possibility of damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Portal, you agree that your sole and exclusive remedy is to discontinue using the Portal. If you do not agree with any part of these terms, you should not commence or continue use of the Portal.
Privacy at DAMSTRA Holdings Ltd
At DAMSTRA, your privacy is paramount. Our commitment is to maintain the highest standards of data protection and respect your privacy rights. We collect, use, and manage your personal data responsibly and in compliance with global privacy laws, including GDPR, to deliver our services efficiently.
Key Points:
Your trust is our top priority, and we're dedicated to safeguarding your personal details with the utmost care and security.
Last reviewed and updated to ensure ongoing relevance and compliance: May 2024
This Privacy Policy of Damstra Technology Pty Ltd (ACN 086 218 742) and Damstra Holdings Ltd (ACN 610 571 607) and all companies or subsidiaries under it (“DAMSTRA”, “Company”) illustrates our unwavering commitment to your privacy. We endeavor to maintain the highest user privacy standards across our platforms.
1. Scope
This Privacy Policy applies to DAMSTRA, including its products, services, and systems, and encompasses all entities acquired, merged with, or under significant control by us. It is designed to inform you about how we handle your personal information. This master policy includes specific provisions applicable only to individuals in certain jurisdictions, such as GDPR-protected individuals.
Important note: This policy does not limit your statutory rights, including rights to remedies or enforcement.
2. Last update date
We periodically update this Privacy Policy. Please review it regularly. Significant changes to personal information usage will be notified via our website or other means.
This policy was last reviewed and updated in May 2024 to affirm its ongoing relevance and compliance. The Chief Executive Officer has reviewed and approved the latest version, with the changes taking effect immediately.
3. Statement of not selling or sharing of personal information
We will never sell or share your data to external parties for marketing or other purposes not related to the performance of your duties.
4. What information we collect, why we collect it, and how it is used
We collect personal information as necessary and only what is required, depending on your interactions with us and the services you use. Below are the categories and purposes of data collection:
The amount of personal information we collect when using our products and services is limited to what is required and necessary. The personal information that we collect depends on the context of your interaction with us and the Company, the choices you make and the products and services you use.
A. Collection related to the use of DAMSTRA products and services
Workforce Management (collection of personal information directly from the individual or from the individual’s employer)
eLearning
Safety
Digital Forms
Solo
B. Collection of Personal Information from employees, data subjects, business clients, and vendors
When we process your employment upon hiring
Other activities related to your employment
When you interact with us as data subjects
When you interact with us as business clients and vendors
C. Collection of Personal Information by other means of interaction
When you browse or visit our Website
When you make use of, or interact with, our Website
When you use the ‘Get In Touch’ feature in our Website
When you use the ‘Book a Demo’ feature in our Website
When you subscribe to our distribution list(s)/newsletter(s)
When we process your job application
When you register to our webinars/live demo
When you attend a marketing event and provide personal information and/or you exchange business cards with us
When you interact with us on our social media profiles (e.g., Facebook, Twitter, LinkedIn)
5. Cookie Management
To enhance your browsing experience, we utilize cookies designed to improve site functionality and personalization. These cookies assist in guiding our work and ensuring a tailored browsing experience for you. We are committed to respecting your privacy and comply with relevant laws and regulations concerning cookie use, including:
Turning Off Cookies: You can disable cookies at any time through your browser settings. While this may negatively impact your user experience, it is a right we fully respect. If you are comfortable with our use of cookies as detailed in this Notice and prefer not to make any changes, no further action is required on your part.
6. Access to Personal Information and Updating Your Details
Ensuring the accuracy and currency of your personal information in our records is paramount. We welcome and encourage you to reach out to us at any time to update or correct your details.
To access your personal information, please submit a written request to DAMSTRA's Privacy Officer via mail or email. The contact information for the Privacy Officer is detailed later in this Policy. In most cases, access to your information will be granted, assuming your request is in line with applicable privacy laws, deemed reasonable, and proper notice has been given to us. Please be aware that we may charge for any costs associated with retrieving or archiving your information before we provide it to you. It is also standard procedure for us to verify your identity prior to fulfilling such requests, to protect your privacy and security.
Please note, access to commercially sensitive information may not be provided.
Our response to your request for information will be prompt, aiming for a turnaround within a reasonable timeframe (typically within 30 days). If feasible, we will accommodate your preferred method of access; otherwise, we will seek an alternative solution that is practical for both parties. Should there be any instances where access or updates are not possible, we will clearly communicate our reasons to you.
By fostering transparency and maintaining open channels of communication, we aim to ensure that your personal information is not only protected but also reflects your most current and accurate profile.
7. Sharing and Disclosure of Your Personal Information
We are committed to safeguarding your privacy and handle your personal information with care. Here’s how and with whom your information may be shared:
In each instance, we take rigorous steps to ensure that DAMSTRA’s employees and our partners adhere to our Privacy Policy, Information Security Policy, and best practices to protect your privacy. We guarantee that your data is stored securely, access is strictly controlled and provided only when necessary, and that the information is used solely for legitimate business purposes.
8. International Transfer of Personal Information
As DAMSTRA operates on a global scale, with offices and personnel situated across different countries, there may be instances where your personal information is processed or accessed in these various locations to facilitate our services.
9. Retention of Personal Information
Your personal information is retained only for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is mandated or permitted by law. This includes retaining information to comply with our legal obligations, resolve disputes, and enforce agreements.
10. Information Security Measures
DAMSTRA prioritizes the security of your personal information, implementing robust technical and organizational measures to protect it from unauthorized access, alteration, disclosure, or destruction. Our comprehensive information security policies and procedures are designed to safeguard your data effectively.
11. Adherence to Global Privacy Regulations
Our commitment extends to complying with privacy legislation and embracing global privacy best practices in regions where DAMSTRA operates, our clients are based, or where the data subjects reside, ensuring the highest standard of privacy protection.
12. General Data Protection Regulation (GDPR) Compliance and Data Protection Rights
Under the GDPR, DAMSTRA acts as a data processor of your personal information. Our processing activities are grounded in lawful bases such as contractual necessity, consent, legitimate interests, or legal requirements. If you reside within the European Economic Area (EEA), you are entitled to certain rights regarding the protection of your data, including access, rectification, objection, restriction, portability, and the right to withdraw consent. Requests to exercise these rights can be directed to DAMSTRA's Privacy Officer, whose contact details are provided in this Policy.
13. Data Protection Rights Under Other Legislations
Similar to the GDPR, we ensure compliance with various international privacy laws including the Australian Privacy Principles, New Zealand’s Privacy Act 2020, the Philippines’ Data Privacy Act of 2012, and the California Consumer Privacy Act (CCPA), upholding your privacy rights across jurisdictions.
14. Privacy Governance
DAMSTRA has appointed a Data Protection Officer (DPO) and a dedicated privacy team to oversee our privacy program, ensuring compliance with applicable laws and the integration of best practices across the organization.
DAMSTRA understands that continuous employee awareness and understanding is vital to the continued compliance of the different privacy legislations and have involved our employees in our preparation plans.
15. Erasure of Information
Upon request, we will delete your personal information, retaining only minimal details necessary for identification in future interactions and a record of our dealings, including the deletion request. Data removed from our production servers may remain in backups for a period mandated by our clients or as necessary, with efforts made to delete it once again if backups are restored.
16. Technology and Service Providers
DAMSTRA utilizes a range of technologies and engages with carefully vetted vendors to support our operations, including cloud services, CRM systems, HR platforms, and various others, ensuring they align with our privacy and security standards.
17. Child Privacy Protection
Our services are designed for a general audience and are not specifically targeted at children. We are committed to safeguarding the privacy of young individuals. As such, we do not knowingly collect, use, or disclose information from children under the age of 13, or the applicable age limit in other jurisdictions where we operate or have data subjects. Should we become aware that we have inadvertently received personal information from a child below the age threshold as defined by relevant local laws, we will take immediate steps to delete such information from our records. If you believe we might have any information from or about a child below the applicable age limit, please contact us so we can ensure any such information is removed promptly.
18. Third-party Websites
Our website may link to external sites not controlled by DAMSTRA, which may have their own privacy policies. We advise reviewing these policies as we are not responsible for the content or privacy practices of such sites.
19. Email Communications Policy
Our commitment to transparent and respectful communication extends to how we handle email communications with our clients and stakeholders. We strictly adhere to a policy of not sending unsolicited emails or communications that are unrelated to our core services and mission. We categorically do not engage in sending promotional or advertising emails that fall outside the scope of our business activities.
In ensuring our practices are in full compliance with global regulations governing electronic communications, we align our policies with the following laws and regulations across the jurisdictions in which we operate or have data subjects:
Our policies ensure that recipients have the option to opt-out of future email communications easily and at any point, ensuring respect for the preferences of our audience. We maintain a strict policy against selling, renting, or trading email information with third parties without explicit consent from the individuals concerned.
This approach underscores our commitment to ethical practices in all our email communications, respecting both the letter and the spirit of international laws and regulations designed to protect privacy and prevent spam.
20. Call recording
For quality and training purposes, DAMSTRA may record calls. If you prefer not to be recorded, please inform the representative at the start of your call. Recorded data is managed in accordance with our privacy policies.
21. Policy Updates
Our Privacy Policy may be updated or modified at any time to reflect changes in our practices or regulatory requirements. Should there be any significant amendments to this policy, we will inform you through our website, via a blog post, email, or through any method we deem appropriate at our discretion. Please note that the "Last Updated" date at the beginning of this Privacy Policy will be revised accordingly to indicate when the latest changes were made. Such modifications to our Privacy Policy will become effective as of this updated date, superseding any previous versions.
22. Consequences of Policy Violations
DAMSTRA takes the adherence to this Privacy Policy very seriously. Any instances of non-compliance will be addressed promptly and impartially by our management team, ensuring the privacy rights of all data subjects are upheld. This applies equally to DAMSTRA employees and any third parties involved in our operations. We are committed to enforcing this policy stringently to protect the privacy and security of the data entrusted to us.
23. Getting in Touch
If you have any questions or concerns about our Privacy Practices or this Policy, or any alleged breach of privacy by DAMSTRA, please contact us.
Should you have any inquiries, concerns, or feedback regarding our privacy practices or this Privacy Policy, or if you believe there has been a breach of privacy by DAMSTRA, please don't hesitate to contact us:
The Privacy Officer
Damstra Holdings Ltd
Suite 3 Level 3, 299 Toorak Road
South Yarra VIC 3141, Australia
Email: [email protected]
We aim to address all queries and complaints in a timely and efficient manner, typically within 30 days. If you are dissatisfied with our response, you are entitled to lodge a complaint with the relevant supervisory authority in your country or the Australian supervisory authority, ensuring your rights are fully protected.
24. Further Information
For more detailed insights into privacy legislation relevant to your location, the following resources provide valuable information:
Please note, the regulatory landscape is subject to change, and other privacy legislations may also be applicable depending on your location or the nature of your inquiry. For the most accurate and up-to-date information, consulting these websites and staying informed about any local privacy laws and regulations is advisable.
Last reviewed and updated to ensure ongoing relevance and compliance: May 2024
Damstra Technology Pty Ltd (“Damstra”) is an ASX-listed Australian provider of integrated workforce management solutions, serving multiple industry segments across the globe. Our commitment to protecting and connecting everything that is important in our customer's world is at the core of everything we do. We offer integrated hardware and software-as-a-service (SaaS) solutions tailored for industries where safety and compliance are paramount.
Our Quality Policy underpins our ambition to be recognized as a world-class organization that consistently meets or surpasses the expectations of our stakeholders. Our operations span software design, development, hardware, implementation, training, and support. We are dedicated to the continuous enhancement of our Integrated Management System (IMS), ensuring compliance with ISO 9001:2015 standards, and the ongoing improvement of our operations, products, and services.
Our objectives include:
This Quality Policy is endorsed by our Executive Leadership and applies to our employees, contractors, suppliers, and any individual or organization acting on our behalf. The policy, along with its measurable objectives and targets, will be reviewed annually to ensure its continued relevance and suitability for our operations.
Last reviewed and updated to ensure ongoing relevance and compliance: May 2024
Damstra Technology Pty Ltd (“Damstra”) places paramount importance on the security of information in all its forms. Recognizing the significance of minimizing information security risks, we are dedicated to upholding the confidentiality, integrity, and availability of information. This commitment reassures our stakeholders that potential risks associated with information security incidents are effectively managed. To fulfill this commitment, we continuously enhance our Information Security Management System (ISMS), which is an integral part of our Integrated Management System (IMS), ensuring compliance with ISO 27001:2013 standards.
Our primary information security goals are to ensure:
To achieve these goals, we commit to:
This policy serves as the foundational declaration of Damstra’s commitment to information security. It is supported by a detailed Information Security Manual that includes specific policies covering various aspects of information security. To ensure the policy’s ongoing relevance and appropriateness for our operations, it, along with its objectives and targets, will be reviewed annually.
Commitment to Excellence in Information Security: Aligning with ISO 27001:2022 Standards
In line with our unwavering commitment to uphold the highest standards of information security and to ensure continuous improvement within our security practices, we are currently in the process of aligning our information security management system (ISMS) with the ISO 27001:2022 standard. This initiative has already commenced, reflecting our proactive stance towards enhancing our security measures and compliance posture.
The transition to ISO 27001:2022 is critical, as our existing certifications under the ISO 27001:2013 standard will reach their expiry by 31 October 2025. We recognize the importance of this upgrade not only for maintaining our certification but also for leveraging the latest best practices in information security that the updated standard introduces. This includes adjustments to reflect evolving security threats, technology changes, and more robust risk management processes.
We are dedicated to a seamless transition process, ensuring that all aspects of our ISMS are fully compliant with the ISO 27001:2022 requirements. This effort underscores our commitment to safeguarding our stakeholders' information assets against emerging threats and vulnerabilities, thereby reinforcing trust in our operational excellence and integrity.
Our team is actively working on this alignment, incorporating the necessary updates to our policies, procedures, and controls. We are also engaging with accredited bodies to guide us through this transition, aiming for a complete alignment well ahead of the deadline. This endeavor is a testament to our dedication to excellence in information security management, aligning with our strategic goals and the expectations of our customers, partners, and regulatory bodies.
Last reviewed and updated to ensure ongoing relevance and compliance: May 2024
Damstra Solo Privacy Policy
Damstra Technology (“Damstra”) owns the Damstra Solo app (“Solo” , ”App” , ”Application”) which is a Commercial app offered to businesses (“Workforce Manager” , ”Subscriber”) that manage workforce, and not directly to individual users. This SERVICE is provided by Damstra Technology and is intended for use as is.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
Damstra Solo is designed to manage the performance and protection of your workforce, no matter where they are in the world. Protect what matters with a complete ecosystem of intelligence-backed tools designed to give your people and business the assurance they need to do what they do best.
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Damstra Solo unless otherwise defined in this Privacy Policy.
Information Collection and Use
For a better experience, while using our Service, your Workforce Manager may require you to provide them with your Contact Information and consent that they use to create your access to the app.
While using the application, we may require you to provide us with certain personally identifiable information while using the app, including but not limited to the following:
The application also has features for the following services:
The information that we request will be retained by us and your Workforce Manager, and used as described in this privacy policy. The Subscriber, as the Data Controller, controls how data is processed by Damstra, being the Data Processor. Ultimately, the app user (“Individuals” , ”Data Subject”) maintains ownership over their personal information.
We, at Damstra, will never sell your data to external parties for marketing or other purposes not related to the performance of your duties.
The app does use third party services that may collect information used to identify you. Link to privacy policy of third party service providers used by the app
If the subscriber avails of the SoloDrive add-on feature, we will periodically access and collect information about your phone and driving activity that can be detected by the phone, including the speed of your automobile, braking habits, distracted driving, distances and precise routes driven, other driving events and behaviour, etc. which we will share with the third party service provider Zendrive who will analyze the driving data. The data to be shared are non-personally identifiable information that cannot be used on it own to trace, or identify a person. Link to privacy policy of Zendrive
Log Data
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
Service Providers
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
These Services are not intended and do not address anyone under the age of 16. We do not knowingly collect personally identifiable information from children under 16. In the case we discover that a child under 16 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.
This policy is effective as of 2020-12-01
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at [email protected].
Damstra Safety Terms of Service
DAMSTRA SAFETY TERMS OF SERVICE
Last Modified: 26th September 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
These Terms of Service are between the subscriber specified as such in the Initial Order (the Subscriber or you) and Damstra Technology (Damstra, us or we) and govern your initial subscription to the Services, any related add-ons or any support, onboarding services which we agree to provide to you, as well as any future purchases made by reference to these Terms of Service or your Order.
They are to be read in conjunction with your Order and any policies in place from time to time and available on our website (www.damstratechnology.com), including the Privacy Policy and Acceptable Terms of Use, which together comprise our agreement with you (Agreement). By agreeing to these Terms of Service, or by using or accessing the Services we provide, you are agreeing to be bound by the terms of that Agreement.
We periodically update these terms and conditions and the version number can be checked at the bottom of this page. Please see clause (Modification) below for further details.
You should be aware that we have different products, and that there are some provisions that apply only to those products. The Terms of Service below set out the terms and conditions that apply to all of our service offerings. Your Order will set out any specific terms and conditions that apply to the Services you have subscribed to. Please ensure that you read the terms set out in your Order carefully and in conjunction with the Terms of Service, as the terms in your Order will prevail to the extent that there is any conflict between those terms and the Terms of Service below.
GENERAL TERMS
Definitions
“Additional Services” means one-off services which you request us to provide in relation to the Services beyond the scope of the default services set out in clause 1.2 (e).
“Add-on” means any product, service, feature and functionality which we have designed to be used in conjunction with the Services but which are not automatically included in the Services.
“Applicable Currency” means the currency specified in your Order.
“Applicable Jurisdiction” means: (a) if you are located in any part of the world other than New Zealand, Victoria, Australia; and (b) if you are located in New Zealand.
“Application” means any smartphone or tablet application specified in your Order, including the Apps.
“Apps” has the meaning of any application used in conjunction with the Damstra Safety product.
“App User” means any Permitted User you have authorised to use the Apps.
“Approved Uses” means managing and analysing the software components of governance, risk, compliance, assets and people, in the manner approved by the operating instructions and in support of the legitimate businesses purposes of the Subscriber.
“Billing Period” means the period for which you have pre-paid any Fees.
“Business Day” means a day which is not a Saturday, Sunday or public holiday in the Applicable Jurisdiction.
“Confidential Information” means information which, by its nature, is confidential, including without limitation, all information regarding the past, current and future business interests, methodology or affairs of either party and includes however stored or recorded: (a) business plans, trade secrets, research, development and survey information; (b) contracts or arrangements, whether verbal or written; (c) tender, contractor and employee information; (d) design and engineering information, programs, systems, techniques, maps and processes; (e) financial and pricing information; (f) all Data; and (g) any other information designated as confidential by a party from time to time.
“Damstra” means the company that you are contracting with to provide the Services as specified in your Order, being:
(a) for Agreements entered into before 20th October 2020, either Vault IQ AU Pty Ltd or Vault IQ NZ Ltd or such other Related Body Corporate as specified in your Order; and
(b) for Agreements entered into on or after 20th October 2020:
(i) if you are located in Australia, Damstra Technology Pty Ltd ABN 29 086 218 742;
(ii) if you are located in New Zealand, Damstra Technology Pty Ltd NZBN 9429045911422; and
(iii) if you are located in any other part of the world, such other Related Body Corporate as specified in your Order.
“Damstra Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Services, including Enrichment Data.
“Damstra Safety” means the integrated environmental, health and safety compliance software platform developed and licenced by us, through which the Service are to be accessed.
“Damstra Partner Program” means our Partner Program as described in the Damstra Partner Program Agreement, available through our website or on request.
“Data” means all data created or stored by you using the Services or otherwise under the Agreement, and any data which is otherwise provided by or to us in connection with the Agreement, including Confidential Information, Personal Information and Sensitive Information.
“Device” means any mobile device, tablet, computer or other device with which you or any of your Permitted Users accesses the Services and/or applications connected with the Services.
“Documentation” means any user manuals (including those in electronic form), handbooks, education materials and other publications containing specifications that we have agreed to supply to you in order to assist the use, operation or support of the Services.
“Enrichment Data” means the data we make available to you as part of the Services.
“Fees” means the fees specified in the Order, or any other fees that are payable in connection with the Agreement from time to time.
“Force Majeure Event” has the meaning given in clause 14(j).
“GST”: (a) where the Applicable Jurisdiction is Victoria, Australia, has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (or if that Act does not exist for any reason, any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act); or (b) where the Applicable Jurisdiction is New Zealand, has the meaning given in the New Zealand Goods and Services Tax Act 1985 (NZ).
“Intellectual Property Rights” includes all right, title and interest wherever subsisting (now or in the future) throughout the world and whether registered or not, in and to: (a) copyright, neighbouring rights, Moral Rights and the protection of databases, circuit layouts, topographies and designs; (b) methods, inventions, patents, utility models, trade secrets, confidential information, technical and product information; and (c) trade marks, business and company domain names and get ups, and includes the right to apply for the registration, gr
“IP Claim” has the meaning given in clause 10.2.
“Law” means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any authorisation, decision, directive, guidance or guideline of a government agency.
“Loss” means any loss (including, but not limited to direct, indirect, special, consequential or exemplary damages, loss of profit or revenue, loss of expected profit or revenue, and loss as a result of business interruption or corruption of data), claim, action, liability, damage, cost, charge, expense, outgoing, payment, diminution in value or deficiency of any kind or character which a party pays, suffers or incurs or is liable for, including: (a) interest and other amounts payable to third parties; and (b) legal (on a full indemnity basis) and other expenses incurred in connection with investigating or defending any claim or action, whether or not resulting in any liability, and all amounts paid in settlement of any claim or action.
“Moral Right” has the meaning given in the Copyright Act 1968 (Cth of Australia).
“Order” means the specific terms that are applicable to the agreement between you and us for the provision of Damstra Safety and services associated with Damstra Safety.
“Payment Method” means the method by which you are to pay for the Services, as approved by Damstra from time to time.
“Permitted User” means any of your Related Parties whom you have authorised to use the Subscription, Services and/or Documentation, and for whom we have created a user account. The maximum number of Permitted Users must not exceed the number specified in the Order. Permitted User will have the same meaning as “User”.
“Personal Information” has the meaning given in the Privacy Act 1988 (Cth of Australia).
“Privacy Policy” means Damstra’s privacy policy, available on the website www.damstratechnology.com as amended from time to time.
“Related Body Corporate” has the meaning given in the Corporations Act 2001 (Cth of Australia).
“Related Party” means a director, officer, employee, agent, contractor, subcontractor or representative.
“Renewal Date” means the last day of the Term or Renewal Term (as the case may be). “Renewal Term” has the meaning given in clause 7.1(b).
“Reseller” means a person authorised by us to sell Services.
“Security Breach” means any act or omission that compromises the security, confidentiality or integrity of the Subscriber’s Confidential Information or Data.
“Sensitive Information” has the meaning given in the Privacy Act 1988 (Cth of Australia).
“Services” means the services to which you have subscribed for as specified in your Order.
“Standard Support” means an online help system, online articles and FAQs and self- help ticketing system (including visibility and tracking).
“Subscription” means your right to obtain the Services from us and the limited, non- transferable, non-exclusive right to use the Damstra Safety system for the purposes of accessing and using those Services, each on the terms set out in the Agreement.
“Tax” means any taxes or assessments of tax of any nature imposed by a government agency, together with any interest, fine or penalty on such tax, including GST.
“Term” means the duration of the Agreement as specified in your Order and any extension or renewal of that term in accordance with clause 7.1, unless this Agreement is terminated before that time, in which case the Term ends on the date of termination.
“Updates” means new versions of the Services as they are released to you that include patches and may include features and enhancements.
1. Your Order
1.1 Order Specifications
(a) Your Order will specify:
(i) the Services which you have subscribed for and the annual/monthly subscription fees payable by you in respect to an agreed maximum number of Permitted Users. Except as expressly stated in this document, the annual / monthly subscription fees will be payable in full irrespective of how many Permitted Users you nominate or actually utilise the Service;
(ii) if applicable, any ongoing monthly or yearly subscription fees that will be payable in relation to subsequent months or years;
(iii) the fees payable by you in relation to the onboarding of the Services to which you have subscribed for;
(iv) the Term of your subscription; and
(v) any other terms applicable to your particular subscription.
(b) These Terms of Service apply whether you purchase the Services directly from us, or from any Reseller or Partner. If you purchase through a Reseller, the Services which we provide are those stated in the Order placed by the Reseller with us on your behalf, and the Reseller is responsible to you for the accuracy of any such Order. Resellers are not authorised to make any promises or commitments on our behalf, and we are not bound by any obligations to you other than as specified in the Agreement comprising these Terms of Service and the Order placed for you by the Reseller.
1.2 Scope of services
(a) Your Order will specify the various Services provided by Damstra which you have agreed to subscribe for.
(b) In connection with the Services the subject of your Order, during the Term we will also supply to you:
(i) initial database(s) with capacity of up to 10 gigabytes, with the option to purchase additional database capacity in 10 gigabytes blocks; and
(ii) Standard Support.
(c) The following are the default implementation and onboarding services that we will supply to you:
(i) we will create individual [usernames and passwords] for those of your Related Parties whom you nominate to be Permitted Users during the onboarding phase (up to the maximum number of Permitted Users as specified in your Order);
(ii) we will configure the Services based on the organisation structure and risk matrix that you provide to us; and
(iii) we will pre-load any employee records that you provide to us;
(d) We reserve the right to charge you for our travel costs and other disbursements incurred by us in connection with the onboarding of the Services to you. These costs are in addition to any amounts stated in your Order.
(e) Any Add-ons or additional onboarding or other implementation, training or support services other than stated above are specified in your Order. If you wish to subscribe for Additional Services outside the scope of this Agreement, you are able to do this by contacting Damstra. This may incur additional costs.
2. Your Subscription
2.1 Subscription
(a) In consideration for you paying the Fees as and when they become due, we will provide the Services to you and we will grant you a non-exclusive, non-transferable and non-sub-licensable subscription enabling your Permitted Users to use the Services for the Approved Uses for the Term. The limits that apply to your Subscription will be specified in your Order.
(b) You will be charged Fees based on the actual number of active Permitted Users and you acknowledge that additional fees will apply if you exceed the number of Permitted Users stated in your Order. Where the number of Permitted Users stated in your Order is exceeded, the additional Permitted Users will be invoiced on a pro-rated monthly basis and the Order will be deemed amended accordingly. In any event, except as expressly provided in this document, there will be no reduction in the Fees if the actual number of users is less than the maximum number of Permitted Users specified in the Order.
(c) Your Subscription to the Services is subject always to the following conditions:
(i) you must not on sell or sub-licence your right to use and access the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access), or otherwise transfer, assign, novate, lease, lend or gift your rights under the Agreement;
(ii) you must not permit any person who is not a Permitted User to use or access the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access); and
(iii) you must not use the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access) to provide those same services or similar or competing services to third parties.
2.2 Your obligations
(a) You must not, and you must ensure that any person who uses or accesses the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access) with your authority (including Permitted Users) does not, use those Services:
(i) in any way that infringes any applicable Law or the Intellectual Property Rights or other legal rights of any person;
(ii) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(iii) in any way that causes, or may cause, damage to the Services or the Damstra Safety system or any Application, or impairs the availability or accessibility of the Services, the Damstra Safety system or any Application; or (iv) in any way that breaches this Agreement.
(b) You are responsible for:
(i) ensuring that any person who uses or accesses the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access) under your Subscription complies with the terms of the Agreement;
(ii) the acts and omissions of any person who uses or accesses the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access) under your Subscription and any breaches of the Agreement caused by such persons;
(iii) the accuracy and completeness of all user-defined information contained within the database;
(iv) all performance criteria that are deemed to be in your control including Devices, hardware, internet connection and local network access; and
(v) obtaining any necessary consents in relation to the disclosure of Personal Information or Sensitive Information to us.
(c) You agree not to, or to procure anyone else to:
(i) duplicate, copy, transmit, distribute, licence, sublicense, sell, rent, lease, transfer, provide, assign, reproduce alter or otherwise commercially exploit the Services, the Documentation or any aspect of Damstra Safety or any Application;
(ii) adapt or modify the whole or any part of the Services, the Documentation, Damstra Safety or any Application in any way whatsoever;
(iii) interfere with any subscription key mechanism in relation to the Services, Damstra Safety or any Application;
(iv) reverse engineer, disassemble, decompile or translate the Services, Damstra Safety or any Application, or otherwise seek to obtain or derive the source code, algorithms, underlying ideas, file formats or non-public APIs to the Services, Damstra Safety or any Application;
(v) remove or obscure any proprietary or other notices contained in the Services, Damstra Safety or any Applications, or the Documentation;
(vi) develop a shell, wrapper or similar environment around the Services or any of Damstra Safety or any Application’s code libraries;
(vii) on-sell any software developed using the Services, Damstra Safety or any Application (including any software using, based on or incorporating any aspect of the Services, Damstra Safety or any Application);
(viii) supply any part of the Services, Damstra Safety or any Application, including any code library, to any third party;
(ix) create, use, or on-sell any end-user applications (including any software using, based on or incorporating any aspect of the Services, Damstra Safety or any Application) that allows such software to run on remote or multiple real or virtual machines or CPUs;
(x) combine or incorporate the whole or any part of the Services, Damstra Safety or any Application in any other program, product, system or service; and
(xi) use the Services, Documentation, Damstra Safety or any Application in any unlawful, illegal or fraudulent manner or in any way that could harm us, the Services, Damstra Safety or any Application or impair or affect anyone else’s use of the Services, Damstra Safety or any Application.
(d) You must use reasonable endeavours, including implementing reasonable security measures relating to any account by which you access the Services, Damstra Safety or any Application, to ensure that no unauthorised person gains access to the Services, Damstra Safety, Damstra or any Application.
2.3 Services and Documentation
(a) We will provide you access to the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access under this Agreement) and the Documentation in electronic form via the internet. We may provide some or all elements of the Services through third party service providers.
(b) You agree that the Services (including any aspect of the Damstra Safety system or any Application that you have a right to use and access under this Agreement) and the Documentation will only be used by Permitted Users (up to the maximum number specified in the Order), and then only for the Approved Uses and in conducting your legitimate business activities. Without limiting this, you must not permit or allow to subsist any situation where:
(i) any person who is not a Permitted User uses the Services, Documentation or any aspect of the Damstra Safety system or any Application; or
(ii) the number of Permitted Users exceeds the maximum number specified in the Order without our prior agreement in writing and payment in advance of the applicable additional fees.
2.4 Modification
(a) We modify the Services from time to time, including by adding or deleting features and functions, in an effort to improve your experience. We will use all reasonable endeavours to seek to ensure that changes to the Services do not materially reduce the functionality of the Services provided to you during the Term. We might provide some or all elements of the Services through third party service providers.
(b) We reserve the right, in our sole discretion, to modify these Terms of Service, and any Fees applicable to the Services, at any time. If we modify these Terms of Service, or the Fees which we charge for the Services you have subscribed to, we will provide you with notice of the modification. If Damstra updates or amends any policies referred to in this Agreement and provides notice to Subscriber as set forth in this subsection, and such amendment or update adds additional obligations on Subscriber or materially reduces Subscriber’s rights, Subscriber shall have the right, exercisable no later than thirty (30) days after such change has been implemented, as Subscriber’s sole remedy, to terminate this Agreement by notice to Damstra and recover a refund of any subscription fees previously paid to Damstra with respect to the then-remaining portion of any prepaid Subscription Term from the effective date of termination. Material updates and amendments to hyperlinked policies shall be communicated to Subscriber by Damstra by way of an announcement on the website and/or by email, or such other similar method as Damstra may utilize from time to time during the Term for communication of such matters.
3. Subscriber Data and Intellectual Property Rights
3.1 Subscriber Data
You grant to us a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit, translate and to otherwise do all things necessary to the Data to the extent reasonably required for us to provide the Services, together with the right to sublicense these rights to our service providers.
3.2 Intellectual Property Rights
(a) Except as expressly set out in the Agreement, nothing in the Agreement transfers ownership in, or otherwise grants any rights in, any Intellectual Property Rights of a party. For the avoidance of doubt, all Intellectual Property Rights in the Services, Damstra Safety and the Damstra Safety system, the Applications and the Documentation, whether in the original or modified form, are owned by us.
(b) Any Intellectual Property Rights arising out of, or connected with, any modification or alteration of the Services, the Documentation, Damstra Safety and the Damstra Safety system or any Application, whether authorised or not, shall vest in us and the Agreement shall apply to the Services, the Documentation, Damstra Safety and the Damstra Safety system and the Applications as modified or altered. You agree to do all things necessary, including sign any further documentation, to protect our ownership of any such product as modified.
(c) You agree to notify us immediately if you become aware of: (i) any unauthorised use or infringement of our Intellectual Property Rights; or (ii) any potential claim to be brought against us alleging that the Services infringe the Intellectual Property Rights of a third party, and agree to fully cooperate with us in relation to such matters.
4. Data
4.1 Limits on Damstra
We will not use, and will take precautions to prevent anyone else using, Data to contact any individual or company except as you direct or otherwise permit. We will use Data only in order to provide the Services to you and only as permitted by applicable law, this Agreement, and our Privacy Policy. We may monitor your activity within your Damstra Safety database for the purposes of managing and improving the Damstra Safety platform.
4.2 Aggregate Data
We may monitor use of the Services by all of our customers and use the data gathered in an aggregated, de-identified and anonymous manner. You agree that we may use and publish such information, provided that such information does not identify any particular individual or company.
4.3 Safeguards
(a) We implement measures and maintain safeguards to protect the Data and your Confidential Information from unauthorised access and use. In the event you request us to make changes to your Data, regardless of the reason, you must supply us with written permission on each occasion of change and with clear instructions on the changes required. Any Personal Information or Sensitive Information will be handled in accordance with our Privacy Policy.
(b) You acknowledge and agree that:
(i) subject to clause 1., your Order will specify the server location applicable to the Services that you have subscribed for and that your Data will be processed and stored in that location;
(ii) if your Order specifies that your Data will be stored outside of New Zealand, certain information, including Data, may (unless your Order specifies otherwise) be held on a temporary basis in New Zealand during the initial onboarding process associated with setting up the Services for you; and
(iii) complex software is never entirely free from security vulnerabilities and we give no warranty or representation that the Services or any aspect of Damstra Safety, the Damstra Safety system or Applications will be entirely secure. You acknowledge and agree that Damstra will not be liable for any loss of Data or your Confidential Information, or for any access by third parties or other disclosure, modification or deletion of such information, regardless of how it is caused.
4.4 Data Portability and Deletion
All Subscriber Data hosted and stored on the Subscription Services will be available to Subscriber for export or download during the Term and for a period of 30 days after the effective date of termination of the applicable Order or the MSA. After such 30-day period, Damstra will have no obligation to maintain or provide the Subscriber Data and will delete or destroy it in accordance with the DPS, unless legally prohibited from doing so.
5. Fees
You must pay to us all Fees in accordance with the terms of your Order.
(a) We will invoice you prior to the due date of any Fees (or an instalment thereof) for the amount of those Fees (or an instalment thereof), and you must pay the amount of the invoice in accordance with your Order.
(b) If we determine that you have exceeded the stated number of Permitted Users during a Billing Period, we reserve the right to increase the Fees for each subsequent Billing Period (if any) to reflect this increase in accordance with the rate set out in your Order or such other rate as we may notify you in respect of additional users from time to time.
(c) If payment of the whole or a part of a Fee is not made within 14 calendar days of the due date, you will be liable to pay us interest at a rate of 3% per annum above the then current cash rate published by the Reserve Bank of Australia on the overdue amount, calculated on a daily basis. Additionally, we reserve the right to suspend or terminate your access to the Services in accordance with clause 6.5.
(d) If your Order specifies a Payment Method, the applicable Fees (or portion thereof) will be billed, and you authorise us to charge the relevant amount to you, in accordance with that Payment Method. In this regard, you authorise us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. In some instances, the timing of billing may change if, for example, the Payment Method has not successfully settled. We may in our absolute discretion refuse any requests to change your Payment Method.
(e) We reserve the right to charge you for all reasonable travel and related expenses incurred by us in connection with any services, including any onboarding services, which we provide to you, or any other services which we render to you in relation to the supply of the Services or any Additional Services agreed in relation to your Order. You must pay any such expenses within 14 days of receipt of the relevant invoice.
(f) You acknowledge and agree that if you subscribe for new features or Add-ons, or request a modification of the Services, we may charge additional fees.
(g) Unless otherwise specified, any amount payable by reference to the Agreement: (i) is non-refundable; (ii) must be paid in the Applicable Currency; and (iii) does not include any Tax or duties, which we will charge you as applicable. In the unlikely event of a dispute regarding the amount of Fees payable under this Agreement, you must pay the undisputed amount on the due date. The dispute regarding the remainder may be referred to the dispute resolution procedure prescribed by clause 14. If it is subsequently resolved that a further amount is payable, you must pay that amount together with any interest calculated in accordance with this clause 9.
(h) You agree to pay to us the amount of any Taxes or duties (including GST or any applicable value added taxes) payable in connection with the Services in addition to any Fees payable under the Agreement. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
6. Subscription Term, Termination, Suspension and Expiration
6.1 Term and Renewal
(a) Unless otherwise agreed in writing, you may terminate this Agreement with effect from the Renewal Date by providing written notice to us to that effect not less than 60 days before the Renewal Date. For clarity, you cannot cancel the Services before the Renewal Date unless clause 6.2 applies.
(b) If you do not give notice to us in accordance with clause 6 (a), the Agreement will continuously rollover on the Renewal Date for a further period equal to the shorter of the duration of the initial Term and 12 months (Renewal Term). In these circumstances, you will be liable to us for the Fees applicable to the Renewal Term. Subject to any modifications required by this Agreement to the Fees payable by you in respect of any Renewal Term, the rights and obligations of the parties will otherwise be the same for any Renewal Term as they were for the initial Term.
(c) You acknowledge and agree that the Fees for the Renewal Term will increase if the number of Permitted Users registered in your Damstra Safety database at any time prior to the Renewal Date is more than the number of Permitted Users specified in your Order. If the number of Permitted Users registered in your Damstra Safety database as at the Renewal Date is less than the number of Permitted Users specified in your Order, you can request a reduction in the Fees for the Renewal Term to reflect this by contacting as at [email protected] no later than 30 days before the Renewal Date.
6.2 Termination for Cause
Either party may terminate this Agreement:
(i) upon thirty (30) calendar days’ notice to the other party (Defaulting Party) if the Defaulting Party commits a material breach of this Agreement and if such breach remains un-remedied at the expiration of such period, or
(ii) immediately, if the Defaulting Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors or is otherwise unable to pay its debts as and when they fall due, or
(iii) immediately, if we reasonably suspect that you have infringed or are infringing our or a third party’s Intellectual Property Rights. This Agreement may not otherwise be terminated prior to the end of the Term.
6.3 Material Breach
For the purposes of clause 6, a material breach includes: (a) you failing to pay any applicable Fees by the relevant due date in accordance with this Agreement; and (b) any warranty provided by you under this Agreement being incorrect or otherwise having been breached.
6.4 Suspension for Prohibited Acts
We may suspend access to the Services where we consider that the Services have been used in a manner that may violate applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement. If the Services are suspended in such circumstances, we may charge a re-activation fee to reinstate the Services.
6.5 Suspension for Non-Payment
We will provide you with notice of non-payment of any amount unpaid as at the due date. Unless the full amount has been paid by the due date or such later date as specified in the notice of non-payment, we may suspend your access to the Services without further notice. We will not suspend the Services where we consider that you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Services are suspended for non-payment, we may charge a re-activation fee to reinstate the Services.
6.6 Effects of Termination or Expiration
Upon termination or expiration of this Agreement, you will stop all use of the affected Services and Damstra Content, and if we request, you will provide us written confirmation that you have discontinued all use of Services, Damstra Content and Enrichment Data (unless, of course, you have a source other than the Services for such Enrichment Data.) If you terminate this Agreement in accordance with clause 6.2, we will promptly refund any prepaid but unused Fees covering use of the Services after termination. If we terminate this Agreement in accordance with clause 6.5, you will promptly pay all unpaid Fees due through the end of the Term. Fees (including any prepaid Fees) are otherwise non-refundable.
6.7 Retrieval of Customer Data
As long as you have paid all Fees owed to us, if you make a written request within thirty (30) days after termination or expiration of this Agreement, then, if permitted by law, we will provide you with temporary access to the Services to retrieve, or we will provide you with copies of, all Data then in our possession or control. If we provide you with temporary access to the Services, we may charge a re-activation fee. We may withhold access to Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of this Agreement, we will have no obligation to maintain or provide you the Data and may, unless legally prohibited, delete all Data in our systems or otherwise in our control.
6.8 Survival of Provisions
The following provisions survive termination of the Agreement: clause 3.2 (Intellectual Property), this clause 6 (Termination, Suspension and Expiration), clause 9 (Indemnity), clause 11 (Limitation of liability) and clause 12 (Confidentiality).
7. Standard Support
(a) In consideration for the timely payment of the Fees, we will supply you with the Standard Support in relation to the Services during the Term.
(b) All requests for support must be submitted through our support portal. The Standard Support hours are Business Days, 6:30am to 7:00pm (AEST).
(c) We accept support questions through our support portal email 24 hours a day, 7 days a week. Support responses are provided during Standard Support hours only however we do not guarantee any specific response time to a request for support.
(d) Support is not a replacement for training services. If further assistance is required, we offer Additional Services for a fee in order to supplement Standard Support services. The Additional Services include industry consulting, technical support and additional training.
(e) If you require support services that exceeds the support included in the Standard Support, we will need to agree with you separately the terms of that support and any additional Fees which will be required to be paid by you in order for us to provide you with that level of support.
8. Warranties
8.1 General
(a) Each party warrants that it has the legal power and authority to enter into the Agreement and that the Agreement will be legally binding and enforceable against it.
(b) Save as expressly provided in this clause 9, all warranties and guarantees provided for by statute or implied which may lawfully be excluded, are hereby excluded.
8.2 Our Warranties to You
(a) We warrant that we have the right to grant a subscription for the Services supplied to you.
(b) However, we do not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. All implied conditions or warranties are excluded to the extent permitted by law, including (without limitation) warranties of merchantability and fitness for purpose.
(c) We also do not warrant that the use of the Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services, including public telephone services, computer networks or the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Damstra is in no way responsible for any such interference or prevention of your access or use of the Services. We will however use reasonable endeavours to correct any defect in the Services, Updates or Documentation which are within our control, provided always that: (i) we are notified of the defect via the normal support channels and where all Fees have been paid; and (ii) you have complied with all of our written recommendations and instructions concerning the installation and use of the Services or relevant Updates.
(d) The warranty in this clause 9.2 is void if the failure of the Services or the relevant Updates (as the case may be) arises out of or in connection with your negligence or abuse or misuse of the Services or Update.
8.3 What You Warrant to Us
(a) You warrant to us that you will not, and you will ensure that any person who accesses the Services or Damstra Safety with your authority (including Permitted Users) will not: (i) use the Subscription, Services, the Documentation, the Damstra Safety system and any Application for anything other than the Approved Uses; or (ii) infringe our rights or the rights of any other person or entity, including without limitation, their Intellectual Property Rights, privacy, publicity or contractual rights.
(b) You warrant to us that your Data: (i) does not infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy; (ii) does not infringe, violate, or encourage any conduct that would infringe or violate, any Law or would give rise to criminal or civil liability; (iii) is not fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is not defamatory, obscene, pornographic, vulgar or offensive; (v) does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is not violent or threatening or will promote violence or actions that are threatening to any other person; or (vii) does not promote illegal or harmful activities or substances.
(c) You warrant to us that the use of your Data by us in accordance with the Agreement will not: (i) breach the provisions of any Law; (ii) infringe the Intellectual Property Rights or other legal rights of any person; or (iii) give rise to any cause of action against Damstra, in each case in any jurisdiction and under any applicable Law.
(d) You warrant to us that you: (i) will comply with all applicable privacy Laws in connection with the disclosure of Data to us, regardless of how that disclosure occurs; and (ii) have obtained any consents necessary prior to the disclosure of Personal Information and Sensitive Information to us.
(e) You warrant to us that each warranty contained in this clause 9.3 is correct and not misleading on each date between (and including) the date of our Agreement with you (being the date that we accept your Order) and the earlier to occur of the expiry of the Term or Renewal Term (as applicable) and termination of the Agreement (as if made on each such day).
9. Indemnity
9.1 General
(a) Each indemnity in the Agreement is a continuing obligation, separate and independent from the party's’ other obligations and survives the termination of the Agreement.
(b) It is not necessary for a party to incur expense or make a payment before enforcing any indemnity conferred by the Agreement.
9.2 Your Indemnities
You will indemnify us and hold us and each of our directors, officers, employees, agents, consultants, contractors, subcontractors and representatives, and each of the foregoing of any of our Related Bodies Corporate (each being and collectively being ‘Indemnified Persons’) harmless against:
(a) any and all Loss arising directly or indirectly:
(i) from you or any of your Related Parties using or accessing the Services, Damstra Safety or the Damstra Safety system or any Application;
(ii) from a third party’s use or reliance on any Data provided in connection with the Agreement;
(iii) from any breach by you of the Agreement;
(iv) from you breaching any Law or rights of a third party;
(v) from a breach by you of a warranty given under this Agreement; and
(vi) from a Security Breach; and
(b) any and all Loss arising out of or in connection with any claim:
(i) made against us or one of our Indemnified Persons by a third party alleging that any Data (or the collection of that Data by us) infringes a Law or the Intellectual Property Rights of a third party; and
(ii) brought against us or one of our Indemnified Persons by any third party relating to your use of the Services, the Damstra Safety system or any Application.
To the extent that this Agreement purports to confer any rights or benefits in favour of an Indemnified Person who is not party to this Agreement, Damstra holds those rights and benefits in its own right and in its capacity as trustee on behalf of those other Indemnified Persons.
10. Acknowledgements
(a) You acknowledge that complex software is never wholly free from defects, errors and bugs and that we give no warranty or representation that the Services or any aspect of the Damstra Safety system or applicable Applications will be free from any defects, errors and bugs.
(b) It is your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used. You acknowledge that you have made your own evaluation of the Services and the Damstra Safety system and Applications generally, determined that the Services are fit for purpose and have entered into the Agreement on the basis of that evaluation and not on the basis of any representations or warranties provided by us.
(c) We can, at any time and without prior notice, remove or disable your access to any Data and/or your access to the Services, Documentation, any aspect of the Damstra Safety system or any Application where we, in our sole discretion, consider any Data to be objectionable for any reason, in violation of the terms contained in the Agreement, or otherwise harmful to us.
11. Limitation of Liability
(a) To the maximum extent permitted by law, we will not be liable to you or any third party in contract, tort (including negligence) or otherwise, in respect of any Loss or for any loss or corruption of any Data, database, software or other material resulting directly or indirectly from:
(i) using the Services or Damstra Safety;
(ii) using, relying on, or action taken as a result of, any information or material available on, in or through the Services or Damstra Safety;
(iii) any interruption, suspension or termination of the Services or Damstra in whole or in part for any reason whatsoever, including failure or suspension of public or private telecommunication networks;
(iv) the unavailability, unsuitability and non-connectivity of third party sites;
(v) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Services or Damstra Safety and/or viruses or other technologically harmful material that may infect your Device(s) due to your use of the Services or Damstra Safety; or
(vi) a Security Breach.
(b) In no circumstances will we be liable to you for any special, indirect or consequential damages howsoever caused, which damages will be deemed to include loss or revenue, loss of profit or loss of opportunities.
(c) Our aggregate liability to you under this Agreement will in no circumstances exceed the total Fees actually paid by you under this Agreement in the 12 months preceding the date of the event giving rise to the claim. This is the case regardless of whether you advise us that you may incur losses in excess of that amount.
(d) You undertake not to bring any claim or action against us or any of our Indemnified Persons in respect of the matters the subject of this Agreement more than 2 years after you become aware, or ought reasonably to have become aware, of the circumstances giving rise to that claim or action.
(e) Where legislation implies in the Agreement any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying application of or exercise or liability under such guarantee, condition or warranty, the guarantee, condition or warranty will be deemed to be included in the Agreement. However, our liability for any breach of such guarantee, condition or warranty will be limited, at our option, to one or more of the following:
(i) if the breach relates to goods:
(ii) the replacement of the goods or the supply of equivalent goods;
(iii) the repair of such goods;
(iv) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(v) the payment of the cost of having the goods repaired; and
(vi) if the breach relates to services:
(vii) the supplying of the services again; or
(viii) the payment of the cost of having the services supplied again.
12. Confidentiality
(a) Subject to clause 12(b), all information exchanged between us (whether under the Agreement or during negotiations relating to the Services contemplated by the Agreement) is to be kept confidential and must not be disclosed by a party to any other person except:
(i) as required by law or the rules of any applicable securities exchange;
(ii) to its directors, officers, employees and advisers to the extent that they need to know the information for purposes related to the Agreement and on the condition that they agree to be bound by the terms of this clause; (iii) with the prior written consent of the party who supplied the information.
(b) Clause 12 (a) does not apply if:
(i) the relevant information is in the public domain at our Agreement with you, or comes into the public domain after that date without a breach of the Agreement or other breach of confidence;
(ii) the recipient party already knew or had, on a non-confidential basis, the information before receiving the relevant information; or
(iii) the recipient party independently developed or acquired the information, without a breach of the Agreement or other breach of confidence.
(c) Notwithstanding anything in this clause 12, you grant us the right to add your name and company logo to our customer list and website.
13. Dispute resolution
Prior to the commencement of any legal proceedings, any dispute arising in connection with the Agreement must:
(i) first be referred to a director or senior executive of each party to seek a satisfactory resolution to the dispute in good faith; and
(ii) if the dispute cannot be resolved by agreement, referred to mediation in accordance with this clause 13.
(a) If such persons described in clause 13(i) are unable to resolve the dispute within 20 Business Days of the dispute being referred to them, the dispute must be submitted to mediation in accordance with, and subject to, the then current mediation rules published by the Resolution Institute.
(b) The parties shall continue to perform their obligations under the Agreement as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation.
(c) The costs of mediation shall be shared equally by the parties. Each party must pay its own costs in connection with the dispute.
(d) Nothing in this clause 13 shall preclude either party from taking immediate steps to seek an urgent injunction or interlocutory relief in relation to any purported breach of confidentiality, privacy or infringement of Intellectual Property Rights.
14. General
(a) Communication. Any communication or notice given pursuant to the Agreement shall be sufficiently given if it is in writing and delivered, or sent by prepaid post, facsimile or email to the other party, in accordance with the contact details provided by that party.
(b) Waiver. No right under the Agreement shall be deemed to be waived except by notice in writing signed by both parties.
(c) Modifications. Any modification to or variation of the Agreement must be in writing and signed by each party.
(d) Assignment. You will not assign or transfer this Agreement, including any assignment, novation or transfer or by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent. We may assign this Agreement in our sole discretion and this Agreement may be assigned in any way, including by way of merger, reorganization, the sale of all or substantially all of our assets, a change of control of Damstra or by operation of law.
(e) Survival. The provisions of the Agreement which are capable of having effect after termination of the Agreement shall remain in full force and effect following the termination of the Agreement.
(f) Entire Understanding. The parties acknowledge that the Agreement contains the whole of the contract and understanding between them. There are no conditions, warranties or other understandings affecting the arrangements between the parties other than those set out herein and the Agreement replaces all prior agreements and understandings with respect to the subject matter of the Agreement.
(g) Applicable Jurisdiction. The Agreement is governed by and is to be construed in accordance with the laws applicable in the Applicable Jurisdiction. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Applicable Jurisdiction and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
(h) Delay. No forbearance, delay or indulgence by a party in enforcing the provisions of the Agreement will prejudice or restrict the rights of that party, nor will any waiver of those rights operate as a waiver of any subsequent breach.
(i) Severability. Should any part of the Agreement be or become invalid, that part will be severed from the Agreement. Such invalidity will not affect the validity of the remaining provisions of the Agreement.
(j) Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party (Force Majeure Event). If a Force Majeure Event continues for more than 30 calendar days, either party may terminate this Agreement immediately. The party affected by a Force Majeure Event must promptly notify the other party of such an event and each party must use reasonable efforts to mitigate its effect.
(k) Unless expressed to the contrary, in the Agreement:
(i) words in the singular include the plural and vice versa;
(ii) if a word or phrase is defined its other grammatical forms have corresponding meanings;
(iii) ‘includes’ means includes without limitation; (iv) no rule of construction will apply to a clause to the disadvantage of a party merely because that party put forward the clause or would otherwise benefit from it; and
(v) a reference to:
(i.i) a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority;
(i.ii) a person includes the person’s legal personal representatives, successors, assigns and persons substituted by novation; and
(i.iii) any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced.
Welcome to eify's User Agreement. This Agreement describes the terms and conditions that govern your use of our services at www.eify.com and our other related websites (each a “Site”). Before you may utilise our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and eify's policies, including its Privacy Policy (the "Policies"). Use of the Site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the Site. The Policies change from time to time and you agree that they form part of this Agreement. Policies of particular importance are the policies relating to: Privacy; Fees and Services, and Fraud. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.
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.
eify has a Privacy Policy which applies to all members and forms part of this Agreement. Our current Privacy Policy is located here. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a User or Authorised User of our Site.
We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.
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 https://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.
Our Privacy Policy is located here
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.
Damstra Technology Pty Ltd (“Damstra”) is committed to providing a safe and healthy work environment for all its employees, contractors, clients, and visitors. This commitment extends across all aspects of our operations and is fundamental to our company culture and the way we conduct business. As an ASX-listed Australian entity, with operations spanning the globe, we align our Workplace Health and Safety (WHS) management practices with ISO 45001 standards as well as adhere to workplace health and safety laws, standards, and best practices both in Australia and in all countries where we operate.
Our WHS Policy Aims to:
Implementation and Governance:
This policy is implemented through our WHS management system, which is integrated into all our business processes. The system is governed by the principles of ISO 45001 and tailored to meet both our internal standards and the diverse requirements of the jurisdictions in which we operate.
Review and Continuous Improvement:
This policy and the WHS management system are subject to regular review to ensure they remain relevant, effective, and aligned with our commitment to continuous improvement. Adjustments will be made in response to changes in legislation, industry best practices, and the evolving needs of our business and stakeholders.
Communication:
This policy is communicated to all employees, contractors, and relevant stakeholders. It is available publicly to demonstrate our commitment to health and safety.
By adhering to this policy, Damstra Technology Pty Ltd affirms its commitment to safeguarding the health and safety of all its stakeholders, while maintaining compliance with international standards and contributing to a sustainable and productive future.
Last reviewed and updated to ensure ongoing relevance and compliance: May 2024
At Damstra Technology Pty Ltd (“Damstra”), we are committed to excellence in environmental stewardship as a fundamental aspect of our mission to deliver integrated workforce management solutions. We recognize the importance of conducting our business operations in a manner that minimizes our environmental footprint, while also contributing to our broader commitment to sustainability. Aligned with the ISO 14001:2015 standards, and in adherence to environmental laws, standards, and best practices in Australia, the United States, Europe, and other regions where we serve our clients, we establish and uphold this Environmental Policy.
Our Environmental Policy Aims to:
Implementation and Governance:
Our EMS, integrated into Damstra's overall business strategy, is governed by ISO 14001 principles. It is designed to meet our internal sustainability goals and comply with the environmental requirements of the jurisdictions in which we operate.
Review and Continuous Improvement:
This policy and our EMS undergo regular reviews to ensure they remain effective and responsive to evolving environmental challenges, legislation, and best practices.
Communication:
This policy is communicated across our organization and to all relevant stakeholders. It is also publicly available, underlining our commitment to environmental responsibility.
With this Environmental Policy, Damstra Technology Pty Ltd pledges to actively protect the environment, promote sustainability, and contribute to the well-being of our planet for present and future generations.
Last reviewed and updated to ensure ongoing relevance and compliance: May 2024
