BY APPLYING FOR A USER ACCOUNT TO ACCESS AND USE THE EX‑ONLINE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF
Access Fees means the access fees specified in our offer or proposal to you.
Ex-Online means Ex-Online Pty Ltd ACN 618 033 793.
Ex-Online Service means the online service provided by Ex-Online through the website located at
ex-online.com, including compilation and hosting services for Hazardous Area Verification Dossiers and
Explosion Protection Documents.
Harmful Code means any computer program or virus or other code that is harmful, destructive,
disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to or
disclosure, destruction or corruption of information or data.
Intellectual Property Rights means all industrial and intellectual property rights throughout
the world including current and future registered and unregistered rights in respect of trade marks, copyright,
source-code, databases, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how
and confidential information and all other intellectual property as defined in Article 2 of the convention
establishing the World Intellectual Property Organisation 1967.
Law means the common law, principles of equity, and laws made by parliament (laws made by
parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and
consolidations, amendments, re-enactments or replacements of any of them).
Permitted Purpose means to assist You in the compilation and hosting of hazardous area
verification dossiers, explosion protection documents and other similar compliance dossiers.
Personal Information has the meaning given in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).
Product Data means any information, documents or data (including calculations, inspection
records and certificates and associated meta-data) made available or sourced through the Ex-Online Service.
Third Party Data Provider means a third party that has licenced certain Product Data to
Ex‑Online or made such Product Data available for access (including for access via a Third Party Website).
Third Party Website means a website or online service or portal maintained or hosted by a Third
Party Data Provider through which certain Product Data may be accessed by You.
You means a user of the Ex-Online Service, including You in Your personal capacity, as well any
entity, business or organisation that You represent, and Your has an equivalent meaning.
are for convenience of reference only and do not affect interpretation. The words “include”
and “including” do not limit the meaning of the words to which they relate. A reference in
2 User account
2.1 To access the Ex-Online Service, You
must first apply for and be granted a user account and log in using Your user name and password. We
reserve our right to not approve any user account application and to request further information from You with
respect to Your user account application.
2.2 If You create an account on behalf
of an organisation, You represent and warrant that You have the authority to act on behalf of and bind the
2.3 You must maintain the
confidentiality of Your password and You are responsible for all activities that are conducted through Your user
2.4 Your user account and Your right to
use Ex-Online Service are personal to You and You must not authorise others to use Your account.
2.5 You must contact us immediately if
You believe that someone has gained unauthorised access to Your account. You are solely responsible for
providing (at Your cost) all equipment, software and internet access necessary to access and use the Ex-Online
2.6 The Ex-Online Service may provide
system-generated values or provide information to assist You to locate Product Data. However, You are
responsible for checking that such system‑generated information is accurate and appropriate for Your
2.7 Your right to access and use the
terminate Your user account by notice to You.
2.8 We may grant you access to the
Ex-Online Service for demonstration purposes or to allow you to evaluate the Ex-Online Service, in which case no
to be used for any purpose other than demonstrating or evaluating the Ex-Online service. We may terminate
such access at any time. Product data and content uploaded during demonstrations or evaluations may not be
3.1 We will invoice you for the annual access fee on the creation of your account, and annually thereafter, unless notified by you in writing that you wish to cancel your access.
3.2 We will be entitled to invoice you monthly for any Ex-Online Service (including setup, engineering and training services) performed in the preceding month.
3.3 You agree to pay us the undisputed invoice amounts (where the dispute must be notified to us in writing) within 30 days from the date of the invoice.
3.4 We shall retain ownership of any goods supplied in conjunction with the services until you have paid for the goods in full.
4 Use of Product
4.1 You acknowledge and agree that:
(a) You may only use the Product Data for the Permitted
(b) the Product Data available on the Ex-Online Service
may not comprise all data that You require to meet Your purpose or needs;
(c) the Product Data available on Ex-Online Service
may include data and certificates aggregated from data and certificates prepared or made available by
Third Party Data Providers, not by Ex-Online; Ex-Online does not produce all Product Data and has no control
over the accuracy, currency or completeness of anyProduct Data which it does not create;
(d) by accessing and using the Ex-Online Service, You
authorise us to obtain Product Data on your behalf; and
(e) we may provide You with access to Product Data by
hyperlinks to Third Party Websites.
4.2 The Product Data is provided via the
Ex-Online Service on an “as is, as available” basis. Ex‑Online does not review or check the
Product Data. It is Your responsibility to take steps to review, verify and check the accuracy, currency
and completeness of any Product Data that You access through the Ex-Online Service.
4.3 We do not guarantee that Your access
to or use of the Ex-Online Service will be uninterrupted or error-free, or that materials accessible on or
through Ex-Online Service will be free from errors, viruses, worms or other Harmful Code. Access to the
Ex‑Online Service may not always be available, including during maintenance and upgrades.
4.4 The Product Data and other content
on the Ex-Online Service may be protected by copyright laws in Australia and overseas. You agree to comply
with any additional copyright notices or restrictions in relation to the use of such Third Party Data as
published on or made available through the Ex-Online Service.
4.5 Ex-Online grants to You a
non-exclusive, non-transferable, licence to access and use the Product Data solely for the Permitted Purpose.
This licence does not include any right to sub-licence other than with the prior written consent of
4.6 You must not:
(a) resupply or resell any Product Data, whether as
supplied by Ex-Online or reformatted or aggregated with other data; and
(b) use the Product Data in any way that would contravene
4.7 You must not use our trade marks
without our prior written consent, except where such use is not use as a trade mark and to legitimately identify
4.8 If, at any time, all or any part of
the Product Data is, or in our opinion has become, subject of any claim for any infringement or contravention of
the Law, Ex-Online may at its own expense and option remove, modify or replace the affected Product Data so that
it is non-infringing and/or compliant.
4.9 You acknowledge that Ex-Online’s
ability to provide the Product Data is subject to the terms of its agreements with Third Party Data Providers
(a) those agreements may expire, terminate or be amended
from time to time; and
(b) a Third Party Data Provider may, for whatever reason,
not provide or make available the Product Data that the Third Party Data Provider is required to provide under
in which case Ex-Online may need to cease making available the Product Data previously supplied by that Third
Party Data Provider.
5.1 Some features of Ex-Online Service
may allow You to upload content to Ex-Online Service and transfer information to us.
5.2 You acknowledge that no data
transmission over the internet can be guaranteed as completely secure or error free. Ex-Online uses
reasonable endeavours to protect such information however it does not warrant, and cannot ensure, the security
of any content or information that You transmit to us using the Ex-Online Service or otherwise.
5.3 You must not upload or otherwise
transmit or distribute material that breaches any law, infringes any third party rights (including any
Intellectual Property Rights), is defamatory, discriminatory, obscene, offensive, misleading, deceptive,
inflammatory or which is threatening, abusive or otherwise contravenes the Law.
5.4 You warrant that You are the owner
or authorised user of any content that You upload.
5.5 You must ensure that all content
that You upload to Ex-Online Service is and remains accurate and complete. You must retain a copy of the
content that You upload. We are not liable for any loss, damage or corruption of any content that You
5.6 You acknowledge that You may be
required to accept and approve information contained in any applications forms You submit using Ex-Online
Service, and content submitted by You to Ex‑Online Service will be relied on by Ex-Online or any other parties
to assess an application submitted by You.
5.7 You must not transmit to or via
Ex-Online Service any Harmful Code or other information or otherwise use Ex-Online Service in a way which
tampers with, hinders the operation of or makes unauthorised modifications to Ex-Online Service, or inhibits any
other user from using Ex‑Online Service.
6 Third Party
6.1 The Ex-Online Service may contain or
provide hyperlinks or references to other websites, portals and online services, including Third Party
6.2 We are not responsible or liable for
the content of Third Party Websites and Your access to and use of those sites is at Your own risk. Any
hyperlinks are provided for convenience only and do not indicate any endorsement or recommendation by us.
7.1 You acknowledge and agree that:
You do not acquire any rights (including Intellectual Property Rights) in or to the Product Data or the
(b) You will not, and will not permit any other person or
entity to, infringe any Intellectual Property Rights subsisting in the Product Data or the Ex-Online Service;
(c) You will not make copies or derivative works of
the Product Data.
8 Limitation of
liability and indemnity
8.1 To the extent permitted by Law, our
total aggregate liability to You for:
(a) any failure of Ex-Online to comply with any applicable
guarantee under the Australian Consumer Law;
(c) negligence by Ex-Online or any of its directors,
officers, employee or contractors or by any Third Party Data Provider or any of its directors, officers,
employee or contractors,
is limited to Ex-Online doing one or more of the following (at its election):
(d) in connection with a supply of goods through the
(i) the replacement of the goods or the supply of equivalent
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(e) in connection with a supply of services through the
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied
8.2 Subject to clause 7.1 and to the
maximum extent permitted by Law, Ex-Online is not liable to You for:
(a) any special, consequential, indirect, incidental,
punitive or exemplary damages of any kind; or
(b) loss of use or data, loss or damage to any equipment,
loss of production, loss of opportunity, loss of profits or revenue, loss resulting from interruption of
business and loss in connection with delays arising out of or in connection with the Ex-Online Service,
howsoever caused, even if we have been advised of or should have known of the possibility of such loss or damage
8.3 You indemnify and hold Ex-Online and
its Third Party Data Providers harmless from any loss or damage suffered or incurred by any of them in
(a) any negligence by You or, if applicable, Your
officers, employees, directors or contractors;
reliance on any Product Data by You; and
(c) any breach by You of the terms of the Privacy
Policy, including any failure by You to acquire any consent from a person with respect to the Personal
9 Privacy and
9.1 Any information collected by us from
You through the Ex-Online Service (including account information submitted by You) will be dealt with in
9.2 When you use the Ex-Online Service,
You consent to receiving cookies from us. Cookies are code transferred to Your computer system that enable
the Ex-Online Service to remember important information and preferences about how You use the Ex-Online Service.
Service for all users. You may be able to block cookies by adjusting Your browser settings however this
may affect Your user experience of the Ex-Online Service.
10.1 A single or partial exercise or
exercise of any other right.
and construed in accordance with the Laws in force in the State of Queensland. You agree to submit to the
non-exclusive jurisdiction of the courts of Queensland.
entire agreement between us and You with respect to its subject matter. We reserve the right to amend
Service. By You continuing to use of Your user account following us notifying or informing You of any
10.4 We are not liable for any failure to
perform or delay in performance where that delay or failure is beyond our reasonable control or due to any force
10.5 If the whole or any part of these
create a partnership, joint venture or agency relationship between us and You.