Legal Agreement

Terms of Service

Please read these terms carefully before using ESE Core's services and products.

Last updated: November 7, 2024

English Language Notice

This document is provided in English only. As ESE Core operates under Australian law, our legal terms are drafted and maintained in English to ensure accuracy and legal compliance. We do not provide translations to avoid potential discrepancies or misinterpretation that could arise from translation.

Important Notice

By accessing or using ESE Core's services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ESE Solutions Pty Ltd (trading as "ESE Core," "we," "us," or "our") governing your access to and use of our IoT platform, devices, mobile applications, website, and related services (collectively, the "Services").

By creating an account, accessing our platform, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Account Registration and Security

2.1 Eligibility

You must be at least 18 years old and capable of entering into legally binding contracts to use our Services. By registering, you represent and warrant that you meet these requirements.

2.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials.

2.3 Account Security

You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

3. Use of Services

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

3.2 Service Availability

We strive to provide reliable and continuous service, but we do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time.

3.3 Updates and Maintenance

We may perform scheduled or emergency maintenance that may temporarily limit or restrict access to the Services. We will provide advance notice when reasonably possible.

4. User Obligations

You agree not to engage in any of the following prohibited activities:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services for any illegal, harmful, or fraudulent purpose
  • Attempt to gain unauthorized access to our systems or other user accounts
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Transmit viruses, malware, or other malicious code
  • Reverse engineer, decompile, or disassemble any portion of the Services
  • Use automated systems (bots, scripts, scrapers) without our written permission
  • Resell, lease, or sublicense the Services
  • Remove or modify any proprietary notices or labels

5. Intellectual Property

5.1 Our Rights

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, software, and data compilations, are owned by ESE Core or our licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Your Data

You retain all rights to the data you upload, transmit, or process through the Services. By using the Services, you grant us a limited license to use, store, and process your data solely to provide and improve the Services.

6. Payment and Billing

6.1 Fees

Certain Services may require payment of fees. You agree to pay all applicable fees as described in your service plan. Fees are non-refundable except as required by law or explicitly stated in your agreement.

6.2 Billing and Invoicing

You authorize us to charge your provided payment method for all fees incurred. Fees are billed in advance on a recurring basis according to your selected billing cycle.

6.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases.

7. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESE CORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

You agree to indemnify, defend, and hold harmless ESE Core and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any third-party rights.

10. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration, except where prohibited by law.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ESE Core regarding the Services.

12.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Continued use of the Services after such changes constitutes acceptance.

12.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13. Contact Information

If you have any questions about these Terms, please contact us:

ESE Solutions Pty Ltd

1/14 Fallon Rd
Landsdale WA 6065
Australia

Email: enquiries@esecore.com.au

Phone: (08) 9302 2932