AUSTRALIAN/NEW ZEALAND ELECTRICAL EQUIPMENT SAFETY SYSTEM
National Database – Responsible Supplier/Authorised Representative Access Agreement
Last revised: 11 March 2021
Welcome to the Electrical Equipment Safety System National Database (the “Database”).
The Database is the property of Energy Safe Victoria, a body incorporated under the Energy Safe Victoria Act 2005 (Vic) (ESV), and is administered by the Electrical Safety Office Queensland, Office of Industrial Relations, Department of Education (“ESO”). ESO operates the Database for, and on behalf of, the Electrical Equipment Safety System (EESS) Standing Committee of Officials (SCO) and associated Electrical Safety Regulators (Participating Regulator).
1. Your use of the Database
1.1 This Access Agreement (“Agreement”) sets out the terms of use that apply to
your use of the Database as:
(a) a “Responsible Supplier”, as defined in the Australian/New Zealand Electrical
Equipment Safety System Equipment Safety Rules as amended from time to
time (the “Scheme Rules”); or
(b) as an “Authorised Representative” of a Responsible Supplier.
1.2 This Agreement also applies to any use of the Database on your behalf by your
employees, officers, directors, contractors, agents or other third parties.
This Agreement should be read in conjunction with the Scheme Rules.
1.3 Please read the terms of this Agreement carefully. These terms apply each
time you use the Database. In order to use the Database as a Responsible
Supplier or Authorised Representative you must accept this Agreement and
register with the Database by clicking the “REGISTER” button below.
You must not click the “REGISTER” button unless you are a Responsible Supplier or
Authorised Representative and agree to the terms of this Agreement.
2. Limited right to use of the Database
2.1 ESV owns the Database and grants you a right to access and use the Database for the
purpose of registering electrical equipment for as long as you maintain a current
registration as a Responsible Supplier in accordance
with the Scheme Rules or
as an Authorised Representative (as the case may be).
2.2 You acknowledge and agree that all rights, including (without limitation)
intellectual property rights,
in the Database and any modifications, enhancements
or changes to the Database remain vested in ESV.
3. General access conditions
3.1 Any costs associated with your access to, and use of, the Database
are your responsibility.
3.2 You must not use the Database except for the purposes of complying with
your obligations as a Responsible Supplier or as an Authorised Representative.
3.3 You must ensure that all data and information that you upload or
enter into the Database (“Your Data”) is (and any representations made by Your Data
are) at all times correct, accurate, up to date and compliant with all applicable laws,
the Scheme Rules, the terms of this Agreement and any applicable guidelines or
procedures issued by the SCO from time to time.
3.4 You must not add any information to the Database that is (or amend any information
on the Database so that it is) inaccurate, false, misleading, fraudulent, defamatory,
obscene, indecent, offensive, discriminatory or harassing.
3.5 You must not knowingly introduce errors, software viruses or malicious code into, or
do anything else to otherwise damage or compromise the security of the Database.
3.6 In the event that you become or are made aware that you have entered incorrect or
inaccurate data or information into the Database, you must as soon as practicable:
(a) notify the ESO and ESV of the incorrect or inaccurate data or information; and
(b) at your cost, immediately take all steps necessary to correct and remedy the
incorrect or inaccurate data or information.
3.7 You acknowledge and agree that:
(a) ESV and the ESO and any electrical safety regulator may use Your Data for the
purposes of administering the Electrical Equipment Safety System; and
(b) any electrical safety regulator or the Australian Communications and Media
Authority may use Your Data for investigating or enforcing electrical
equipment safety, telecommunications, radiocommunications,
electromagnetic compatibility or electromagnetic energy requirements,
whether in connection with this Agreement or otherwise. For the avoidance
of doubt, this includes using Your Data for the purposes of market
surveillance and responding to
complaints about unsafe or non-compliant electrical equipment.
(c) ESV and the ESO and any electrical safety regulator may use Your Data for
industry or stakeholder research or surveys and may disclose
Your Data to businesses engaged by them to conduct research or surveys.
4. Compliance with the Scheme Rules
4.1 In accessing and using the Database, you must comply with your obligations
under the Scheme Rules.
4.2 You represent and warrant to ESV, the ESO and the SCO that you have and will
maintain any documents, records and other information that you are required to
keep under the Scheme Rules in respect of any information and data that you
upload or enter into the Database.
5. Authorised Officer
5.1 Where permitted by the Scheme Rules, you may appoint an Authorised Officer who
may access and use the Database as your representative.
5.2 You are responsible for your Authorised Officer and will remain liable for all acts
and omissions of your Authorised Officer. You will be deemed to have received any
notice, information or direction given to your Authorised Officer.
6. Authorised Representative
6.1 If you are a Responsible Supplier:
(a) you may register an Authorised Representative through your Database
account to access the Database for the purposes set out in clause 6.1(b). You
must not nominate any entity to act as your Authorised Representative unless
that entity has registered as an Authorised Representative in accordance
with the terms of this Agreement;
(b) an Authorised Representative appointed pursuant to clause 6.1 may do the
following on your behalf:
(i) register electrical equipment to your account;
(ii) modify your account contact details;
(iii) modify the details of electrical equipment registered to your account;
and
(iv) upload documents to your account;
(c) you are responsible for the actions of your Authorised Representative and will
remain liable for all acts and omissions of your Authorised Representative;
(d) any data or information that your Authorised Representative uploads or
enters into the Database on your behalf will be deemed to be Your Data;
(e) you will be deemed to have received any notice, information or direction
given to your Authorised Representative; and
(f) you and your Authorised Representative will be liable on a joint and
several basis for any act or omission by your Authorised Representative on
your behalf which would constitute a breach of this Agreement
if done (or not done) by you.
6.2 If you are an Authorised Representative:
(a) where a Responsible Supplier has registered you as their Authorised
Representative, you may do any of the actions listed in clause 6.1(b) on their
behalf;
(b) in accessing the Database as an Authorised Representative for a Responsible
Supplier:
(i) you must act in good faith and in accordance with the instructions of
the Responsible Supplier;
(ii) you must not do (or fail to do) anything that would cause the
Responsible Supplier to breach the Scheme Rules, the terms of this
Agreement (as entered into between the Responsible Supplier, ESO,
ESV and the SCO) and any applicable guidelines or procedures issued
by the SCO from time to time; and
(iii) you must not knowingly introduce errors into or do anything else to
otherwise damage or compromise the security of the Responsible
Supplier’s Database account or any data or information
associated with the Responsible Supplier in the Database.
6.3 You acknowledge and agree that the ESO may change the list of permitted
actions in clause 6.1(b) from time to time by written notice to you.
7. Security Codes
7.1 Upon completing your registration in accordance with this Agreement, you will be
issued with a user name and password for your account (Security Code).
The password that you are issued with upon registration is temporary,
and you must change it when you first access the Database.
7.2 You must not use any Security Code other than your own to access or use
the Database.You must not impersonate another person when accessing or using the
Database. If you are an Authorised Representative you must only use your own
Security Code and must not use the Security Code of any
Responsible Supplier that you act for.
7.3 You must ensure your individual Security Code is kept secure and confidential at
all times.
7.4 You are responsible for any use of the Database which occurs through use of your
Security Code. If you become aware of any unauthorised access or use of
your Security Code you must immediately:
(b) change the relevant Security Code to prevent unauthorised access to the
Database.
8. Security Obligations
8.1 You must ensure that the Database is kept secure from unauthorised access, use or
modification. You must ensure that you do not engage in any activity which puts
the security or integrity of the Database at risk.
8.2 You must comply with all laws, the terms of this Agreement and all guidelines,
directions and procedures issued by ESV, the ESO and the SCO from time to time
in using the Database.
8.3 You must not interfere with or disrupt the integrity or performance of the
Database or attempt to gain unauthorised access to the Database or the systems
or networks on which the Database is hosted.
8.4 ESV may suspend any or all access to, or use of, the Database if there is an
actual, threatened or suspected breach of security, including any unauthorised
access or use of any Security Code, the Database or any user account.
You acknowledge and agree that any such suspension of the Database
is without any liability to ESV or the ESO.
9. Privacy
9.1 You must ensure that you comply with all applicable privacy, spam control and
data protection laws (including but not limited to the Privacy Act 1988
(Cth) and Spam Act 2003 (Cth)) in relation to any collection, storage,
access, use or disclosure of personal information by you arising from or in
connection with this Agreement.
9.2 You must do all things necessary in regards to your own privacy policies or notices
and under any applicable privacy laws to ensure that ESV and the electrical safety
regulators can store and use Your Data as contemplated by this Agreement.
10. Fault Reporting
10.1 You must report any fault, interruption, defect or malfunction in the Database to the
ESO as soon as possible after becoming aware of such fault, interruption,
defect or malfunction.
10.2 No maintenance, support or other services are provided under this Agreement.
However,to the extent that you wish to raise technical queries regarding the
Database these enquiries must be directed to the ESO.
11. Database Maintenance
11.1 You acknowledge and agree that ESV may suspend access to, and use of,
the Database in order to perform scheduled work on the Database, undertake urgent
repairs ormaintenance, or where required to do so by law. Where possible
and practicable, ESV will use reasonable endeavours to provide you with reasonable
prior notice of any such interruption or suspension.
11.2 You acknowledge and agree that any interruption or suspension of the Database is
without any liability to ESV or the ESO.
12. No Warranties
12.1 You acknowledge that the Database is provided on an “as is” basis and that your use
of the Database is solely at your own risk. ESV and the ESO make no guarantees
or representations:
(a) as to the availability or performance of the Database;
(b) about the content of the data or information in the Database, including any
warranties that such data or information is complete, accurate or does not
infringe any person’s rights, including intellectual property rights; or
(c) that the Database will be error free.
12.2 Equipment certificates and other information in the Database may change and it is
your responsibility to check the currency of information from time to time and do all
such things as are necessary to comply with your obligations under this Agreement
and the Scheme Rules.
13. Liability
13.1 You acknowledge and agree that the ESO and ESV (and their respective officers,
agents or employees) have no liability in contract or in tort (including negligence)
or otherwise for any loss or damage (including indirect, special and consequential
loss or damage) which may be suffered or incurred by you or any member
of the public arising directly or indirectly as a result of your use (or use by your
Authorised Officer) of the Database, including any
loss or damage arising from:
(a) any breach of this Agreement;
(b) termination of this Agreement;
(c) any unavailability of, or any defect in, the Database or any information
uploaded by you to the Database;
(d) the contents of the Database; or
(e) approval, registration or deregistration of any equipment or any other
information made available via the Database concerning such
equipment or any other third party.
13.2 You are solely responsible for the accuracy and quality of Your Data (including
where Your Data is uploaded to the Database by any entity on your behalf).
13.3 You indemnify and keep indemnified ESV, the ESO and their respective employees,
officers and agents (those indemnified) from and against any loss, damages,
costs (including reasonable legal costs), expenses or liability incurred or
suffered by those indemnified arising from or in connection with your use of the
Database, any breach (whether by act or omission) of this Agreement by you or any
breach of the Scheme Rules by you.
14. Force Majeure
14.1 A party will not be liable for any delay or failure to perform its obligations under this
Agreement if such delay is due to Force Majeure. If a delay or failure of a party to
perform its obligations is caused by Force Majeure, the performance of that party’s
obligations will be suspended while the Force Majeure continues.
15. Termination
15.1 ESV or the ESO may terminate this Agreement immediately if:
(a) you breach a material provision of this Agreement;
(b) you breach a non-material provision of this Agreement that is not remedied
within 10 days of a request from ESV or the ESO to do so; or
(c) the Database is made permanently unavailable or discontinued for any
reason.
15.2 Upon termination of this Agreement:
(a) all of your rights to use and access the Database will immediately terminate;
and
(b) except for any rights or obligations which have accrued prior to termination
or which by their nature extend beyond termination,each party will
have no further obligation to the other party under this Agreement.
16. Survival
16.1 Without limiting any other provision of this Agreement, clauses 3.7, 6, 8, 9, 13, 15
and any other obligations in this Agreement which, by their nature, are continuing
will survive the termination or expiry of this Agreement.
17. General
17.1 The ESO and ESV may amend or update the terms of this Agreement from time to
time by providing you with written notice. You will be taken to agree to such
amended or updated terms if you continue to use the Database after receipt of that
notice.
17.2 A single or partial exercise or waiver by a party of a right relating to this Agreement
does not prevent any other exercise of that right or the exercise of any other right.
17.3 Except as expressly stated otherwise in this Agreement, the rights of a party under
this Agreement are cumulative and are in addition to any other rights of that party.
17.4 This Agreement is governed by and is to be construed in accordance with the laws
applicable in Victoria. Each party irrevocably and unconditionally submits to the non
exclusive jurisdiction of the courts exercising jurisdiction in Victoria 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.
17.5 You must not assign or deal with any right under this Agreement without the prior
written consent of the ESO and ESV. Any purported dealing in breach of this clause
is of no effect.
17.6 This Agreement contains the entire understanding between the parties as to the
subject matter of this Agreement. No oral explanation or information provided by
any party to another affects the meaning or interpretation of this Agreement or
constitutes any collateral agreement, warranty or understanding between the parties.
17.7 This Agreement is not intended to create a partnership, joint venture or agency
relationship between the parties.