Terms and Conditions

1. About simpliSWMS

1.1 Welcome to simpliSWMS, a software platform designed for the construction industry by the construction industry.

1.2 The simpliSWMS website, simpliSWMS.com.au, (“Website”) is owned and operated by SimpliSWMS Pty Limited (‘simpliSWMS’). Access to and use of the Website or any of its associated products or services, is provided by SimpliSWMS. Should you continue to use the Website, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which together with our privacy policy govern SimpliSWMS’s relationship with you in connection with this website. Please read these Terms carefully and ensure that you understand them.

1.3 By continuing to use, browse and upon activation of your registration with the Website, you will be held to have read, understood and agreed to be legally bound by these Terms. We recommend you keep a copy of the Terms for your records.

2. Terms of Use

2.1 These Terms apply to all and any use of the Website, the purchase of any products or services (“Services”) and all and any postings, emails, messages and other communications made to or using the Website.

3. Acceptance of the Terms

3.1 You accept the Terms by remaining on and continuing to use the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by in the user interface.

4. Subscription to use the Services

4.1 In order to access the Services, you must first select a subscription through the Website (the 'Subscription'). Some Subscriptions or parts of a Subscription require payment of an applicable fee (if any) for the selected Subscription or part of the Subscription (the 'Subscription Fee'). If the subscription selected is the free tier, access to and use of the Website as a Subcontractor is free. SimpliSWMS reserves the right to change the subscriptions, the fees or any parts of subscriptions that require payment of a fee at any time.

4.2 In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription select is suitable for your use.

4.3 Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').

4.4 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification, contact details and payment details). Any information provided will be subject to SimpliSWMS’s Privacy Policy which is available on the Website.

4.5 You warrant that any information you give to SimpliSWMS in the course of completing the registration process will always be accurate, correct and up to date.

4.6 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.

4.7 You agree to keep any usernames or passwords confidential at all times, take reasonable steps to prevent others from obtaining your account details and inform us if at any point you consider that your Account has been compromised and/or is being misused by someone else.

4.8 You must take action as is required and/or is requested by us to prevent such misuse. SimpliSWMS has the right to disable any Account, whether chosen by you or allocated by SimpliSWMS, at any time, if in SimpliSWMS’s opinion you have failed to comply with the provision of these Terms. You are responsible for all fees relating to activities conducted using your Account up until the time that you notify SimpliSWMS of unauthorised use of your Account.

4.9 You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with SimpliSWMS; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

5. Access and Service

5.1 Access is permitted on a temporary basis. SimpliSWMS reserves the right to withdraw or amend the Services and Website without notice. You are responsible for making any arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

5.2 While SimpliSWMS will use reasonable efforts to maintain an uninterrupted service, it cannot guarantee this and does not give any promise or warranty (express or implied) about the availability of the Website or the Services. If it cannot do what it has promised in these Terms because of something beyond its reasonable control, you agree that it is not liable for this.

5.3 The Services are offered through and accessible through other websites in addition to the Website. By registering with the Website, you acknowledge and accept that all content or information that you post to the Website may be searchable and available to users via different websites from the Website. You further acknowledge and accept that other members of the Website that you may view and communicate with via the Website may have registered with and accessed the Website through different websites.

6. Fees and Services

6.1 The applicable charges and fees for use of the Website and Services are set out on our pricing page. SimpliSWMS may change the fees from time to time. SimpliSWMS will notify of any changes to the fee policy by posting such changes on the Website or by email to your nominated email address. SimpliSWMSmay choose to temporarily change the fees for promotional events or new Services. Any such changes are subject to terms solely determined by SimpliSWMS in its absolute discretion. When such offers or promotions expire, fees revert to those listed in the price list.

7. Your obligations as a Member

7.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address or usernames. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by SimpliSWMS;

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website. Such use will be investigated and appropriate legal action pursued at SimpliSWMS’s sole discretion;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated scripting or scraping of the Website is prohibited. Usage of APIs or services may be throttled, capped or account suspended if excessive usage is identified.

7.2 Membership is invalid where prohibited by law or these Terms. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these Terms and to abide by these Terms. It is your responsibility to ensure that the information included in your profile is complete and accurate. SimpliSWMS takes no responsibility for inaccurate, or incorrect information provided by you or other Users or its ability to provide the Services in the event you or any other user has provided false, inaccurate, incorrect, incomplete or out of date information.

8. SimpliSWMS’s Rights

8.1 SimpliSWMS is entitled to, but not obliged, to review and delete any content, messages or profiles (“Content”) that in its sole judgment violates these Terms, does not provide sufficient information, or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of other users of the Website. You are solely responsible for the Content that you upload, create, send, publish or display on the Website or transmit to other members.

8.2 SimpliSWMS is not responsible or liable to any third party for the content or accuracy of the Content posted or consumed by you on the Website. SimpliSWMS reserves the right to disclose your identity to any third party who claims that any Content posted by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy. By adding or uploading Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty free, worldwide licence to use, copy, perform, display, disclose and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicences of the foregoing for all purposes connected to operating and promoting the Website and the Services.

8.3 You warrant that you shall not post any Content to the Website that is, without limitation, discriminatory; technically harmful such as computer viruses, Trojans, worms, logic bombs or other malicious software or harmful data; infringes intellectual property rights; is offensive; is false, misleading, fraudulent or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous.

8.4 You agree to indemnify SimpliSWMS and keep us indemnified against any costs, losses or expenses incurred or suffered by SimpliSWMS as a result of any breach by you of any of your obligations or warranties under these Terms.

8.5 SimpliSWMS is entitled to investigate and revoke membership if a member has misused the Website or the Services or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these Terms.

9. Payment

9.1 You are responsible for paying fees when due. If the fees are not paid when due then SimpliSWMS may issue reminders, restrict or refuse your usage of the Website and/or the Services. SimpliSWMS may also take steps to recover the fees not paid when due. Fees are quoted in Australian dollars.

9.2 Where the option is given to you, you may make payment of the Subscription Fee by way of:

(a) Electronic funds transfer ('EFT') into our nominated bank account

(b) Credit card payment.

9.4 You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

9.5 You agree and acknowledge that SimpliSWMS can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

10. Refund Policy

10.1 To the extent permitted by law, there are no refunds or returns on purchases. SimpliSWMS will only provide you with a refund of the Subscription Fee in the event it is unable to continue to provide the Services or if, in its absolute discretion, it considers it is reasonable to do so under the circumstances. Where this occurs, the refund will be pro rata to amount of the Subscription Fee that remains unused by the Member (the 'Refund').

11. Copyright and Intellectual Property

11.1. The Website, the Services and all of the related products of SimpliSWMS are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright), design rights, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade markets (whether registered or unregistered) and any application thereof in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services belong to and vest in SimpliSWMS or are licenced to SimpliSWMS unless otherwise specified. All such rights of SimpliSWMS are hereby asserted and reserved.

11.2. All trademarks, service marks and trade names are owned, registered and/or licensed by SimpliSWMS, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device's cache memory; and

11.3 SimpliSWMS does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by SimpliSWMS.

11.4. SimpliSWMS retains all rights, title and interest in and to the Website and all related Services.

11.5 Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

11.6. You must not, without the prior written permission of and the permission of any other relevant rights owners: broadcast, republish, distribute, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

11.7 You must not use any or all of the Website or information contained herein for any purpose other than the permitted purpose set out above. You must not: hack, attempt to hack, modify, or re-use any or all of the Website for any reason; make any commercial use of the Website without SimpliSWMS’s prior written consent; display, copy or otherwise use the Website and the information contained herein for the benefit of any third party without SimpliSWMS’s prior written consent; or use the information contained on or within the Website for any illegal, immoral or unfair purpose; or remove or obscure any copyright notices or other proprietary notices contained on the Website.

12. Privacy

12.1 SimpliSWMS takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to SimpliSWMS's Privacy Policy, which is available on the Website.

12.2 If information is provided to you or otherwise made accessible to you through your use of the Website, that disclosure and your management of that information is subject to SimpliSWMS’s Privacy Policy. You further acknowledge and agree that any such information will only be used for the purpose for which it was provided, or made accessible, by SimpliSWMS, and is not to be on-sold or distributed in any way.

13. General Disclaimer

13. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

13.2 To the maximum extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;

(b) SimpliSWMS gives no warranties, guarantees, representations or conditions as to the Website or the Services;

(c) SimpliSWMS does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website by SimpliSWMS, its partners or any users or any other person or entity; and

(d) SimpliSWMS will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

13.3 Use of the Website and the Services or reliance upon any opinion, member profile, advice, statement or information, is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SimpliSWMS make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(d) the Services or operation in respect to links which are provided for your convenience.

13.4 SimpliSWMS does not:

(a) act as agent for any user or member of the Website and makes no warranty or guarantee of any kind, express or implied, as to the suitability of the Services or Website or information contained therein;

(b) promise any specific results from use of the Website and/or the Services;

(c) endorse any of the information, posts, or users on the Website and recommends that prior to entering into any agreement, that you obtain your own independent advice;

(d) take any responsibility for the accuracy and completeness of material on the Website. It is your responsibility to assess and be satisfied with the accuracy and completeness of the material on the Website;

(e) take any responsibility for the conduct, whether online or offline, of users. Third party websites with links from the Website have not been verified or reviewed by SimpliSWMS and use and access of such third party websites is made at the user’s own risk;

(f) as the content on the Website comes from other users, guarantee the accuracy of what is offered in any content;

(g) accept liability of any description for the posts of any unlawful, discriminatory, threatening, abusive, defamatory, obscene or indecent information, or material of any kind, including, without limitation any material that would be criminal activity or give rise to civil liability or breach any law, or is misleading or deceptive.

14. Limitation of liability

14.1 Subject to clause 14.2, SimpliSWMS's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

14.2 You expressly understand and agree that, to the maximum extent permitted by law, SimpliSWMS, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

15 Termination of Contract

15.1 The Terms will continue to apply until terminated by either you or by as set out below.

15.2 If you want to terminate the Terms, you may do so by unsubscribing or cancelling your Subscription prior to the date of your next payment.

15.3 Upon cancellation of your Subscription or membership, you can continue using the Website until the end of the Subscription Period. After which, access to the Website will be discontinued.

15.4 SimpliSWMS may at any time, suspend or terminate your membership and your access to any Service if SimpliSWMS:

(a) considers that you have breached any provision of the Terms or intend to breach any provision;

(b) is required to do so by law;

(d) decides to terminate your membership, in it’s sole discretion by giving you reasonable prior written notice.

16. Indemnity and Release

16.1 You agree to indemnify SimpliSWMS, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

16.2 You release SimpliSWMS from all claims, liability and damages arising from or in any way connected to the claim or action you may have against any other member. In the event that you have any claim or action against another member arising from that member’s use of the Website or Service, you agree to pursue such claims or action independently of and without any demand from SimpliSWMS.

17. Personal Information

17.1 By using the Website, you agree:

(a) to the collection, transfer, storage and use of your personal information by SimpliSWMS as described in the ‘Privacy Policy’;

(b) to receive marketing communications from The Website unless you advise SimpliSWMS that you do not wish to receive such communications.

(c) and consent to, through your use of the Website, such processing and warrant that all data provided by you is correct.

17.2 SimpliSWMS cannot guarantee the security of your personal information despite whatever steps SimpliSWMS may take to protect such information.

18. Amendment to the Terms

18.1 SimpliSWMS reserves the right to alter or amend these Terms upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any such notice, you do not wish to continue with your membership or the Services, you may terminate your membership by providing SimpliSWMS written notice, such notice is to take effect upon the earlier of SimpliSWMS’s receipt of your notice or the date upon which the amended terms and conditions would otherwise take effect. You will be deemed to have accepted any amendment to the Terms if you continue to use the Website, the Services or otherwise maintain your membership after the relevant period of notice has expired.

19. Resolving Disputes

19.1 If a disagreement or dispute arises out of or relates to the Terms, SimpliSWMS will try to resolve the disagreement or dispute quickly and efficiently.

19.2 If you are not happy with the way in which SimpliSWMS deals with any disagreement and you want to take court proceedings, the laws of New South Wales, Australia, which govern this contract, will apply. You may only pursue legal action or proceedings in relation to the Website or the Services in New South Wales, Australia.

20. General

20.1 The rights created by the Terms shall be governed, interpreted and construed pursuant to the laws of New South Wales, Australia

20.2 If any part of these Terms is found to be non-binding, void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

20.3 If you become aware of any breach of the Terms, you have an obligation to notify SimpliSWMS of such breach.

20.4 SimpliSWMS will send notices to you via the email address you nominate upon your registration for the Website or later amendment of your details recorded with the Website.

20.5 These Terms, the Privacy Policy, the price list and any other policies posted on the Website from time to time constitute the entire agreement between SimpliSWMS and you and take precedence over any prior agreements or arrangements.

20.6 The failure to enforce any provision of the Terms, the Privacy Policy or any other policies posted on the Website does not waive SimpliSWMS’s rights to enforce that provision.

20.7 SimpliSWMS may assign this agreement in its sole discretion by providing notice to you.

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