1. Introduction

1.1. These terms and conditions apply to the access to and use of the Online Portal (the “Portal”). In using the Portal you agree to be bound by these terms and conditions. You cannot use the Portal if you do not agree to these terms and conditions.

2. Definitions

“intellectual property rights” mean all present and future intellectual and industrial rights conferred by statute, at common law or in equity and wherever existing.

“we” means 3E Advantage Pty Limited (ABN 12 603 824 871).

“you” means you, your company, your employer, related bodies corporate of your employer, any and all persons who access the Portal for or on behalf of you or your employer, including officers, employees, agents and contractors).

3. Your obligations

1. 3.1. You must keep your password secure at all times.
2. 3.2. You must not:
   1. disclose your password to another person;
   2. allow another person to use your password to access the Portal; or
   3. use another person’s password to access the Portal.
3. 3.3. You must notify us immediately if:
   1. you become aware that your password has been used by another person to access the Portal;
   2. the information you provided us in order to obtain a password has changed;
   3. the employment of a registered user with you ends, so we can remove the user access to the account; or
   4. you become aware that any system errors occurred.
4. 3.4. You are responsible for reading all notifications issued to you by us.

4. Use of the Portal

1. 4.1. The data provided to you by accessing the Portal is confidential. You are responsible for maintaining the confidentiality of the data. You must not disclose the data to a person who is not authorised to have access to the data.
2. 4.2. You agree not to introduce any viruses or trojans or similar bugs into the Portal.

5. Your liability for loss or damage

1. 5.1. You are responsible for and indemnify us against any loss or damage to any person arising from any breach of these terms and conditions and from any wilful negligent or unlawful act or omission by you in relation to or in the course of your use of the Portal.
2. 5.2. Your responsibility for actions or omissions will continue despite you ceasing to use the Portal or having been denied access to the Portal.

6. Our warranty and liability

1. 6.1. We do not warrant or represent that the information and documents provided by us in relation to the Portal is free from errors or omissions.
2. 6.2. We will not be liable for any loss or damage direct or indirect and howsoever arising as a result of your access or use of the Portal, your inability to access or use the Portal, any unauthorised access or use of the Portal by another person, corruption or loss of data transmitted to or from the Portal, the loss or misuse of passwords or any other matter relating to your use or inability to use the Portal. We employ our reasonable endeavours to safeguard the security of information regarding you and the information on the Portal.

7. Our rights

1. 7.1. We can:
   1. vary the times and duration of the periods during which the Portal is available to you;
   2. monitor and review the activities of users of the Portal; or
   3. collect information that you provide through your access to and use of the Portal.
2. 7.2. We can terminate your access to and use of the Portal if you breach these terms and conditions.
3. 7.3. We can limit your access to the Portal or terminate your access to the Portal at any time without prior notice to you.

8. Intellectual Property

8.1. You acknowledge that all materials, documentation or other information including, any intellectual property rights provided by us to you are the property of, and will at all times remain vested in, us.

9. Variation to these terms and conditions

9.1. We can vary the terms and conditions of use of the Portal at any time and from time to time upon notification within the Portal or the website. Your continued use of the Portal represents an agreement to be bound by the terms and conditions as amended.

10. Privacy

1. 10.1. When you register and activate your account, you will be required to provide us with personal information such as the name, telephone number and email address of your nominated contact person. You must ensure that this information is accurate and current.
2. 10.2. We collect personal information in order to provide our Portal and do so in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy (which is available on our website www.3eadvantage.com).
3. 10.3. We may disclose that information to third parties that help us operate the Portal.

11. Governing law

11.1. Your use of the Portal and these terms and conditions are governed by the law of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the court system of that State.