Terms & Conditions of Use

Terms & Conditions

  1. This is an agreement
    • 1.1 Easy NHVAS Pty Ltd (ABN 56 133 698 692) (“We”,”Us”,”Our”) is the owner of the web-based software known as LogChecker™ (“LogChecker”).
    • 1.2 It is important that you read these terms and conditions before you begin using LogChecker because when you click the “I have read the Terms and Conditions” button or use LogChecker:
      • (1) you are confirming that you not only have read these terms and conditions but that you agree to be bound by them when using LogChecker; and
      • (2) a legally binding agreement is formed between Us and you as an individual, or as an authorised employee or agent of the company which you represent and which purchased the right to use LogChecker.
    • 1.3 Once you have accepted the terms of this agreement by clicking the “I have read the Terms and Conditions” button you agree to waive any right you may have to assert that the fact that you indicated your acceptance of this agreement electronically does not constitute actual acceptance.
    • 1.4 You must agree to take all necessary steps to ensure that the terms and conditions of this agreement are not breached by any of your employees, consultants, agents, officers or contractors who use or have access to LogChecker.
  2. What LogChecker does not cater for or do
    • 2.1 You acknowledge and agree that LogChecker:
      • (1) does not cater for daylight savings, time zones or changes in driving hours schemes (change between standard hours and BFM hours); and
      • (2) is not an electronic work diary;
      • (3) is not a replacement for any diary required to be kept by you in accordance with any applicable law. LogChecker is simply a tool to assist you in logging driver hours only.
    • 2.2 You acknowledge that:
      • (1) you must continue to keep your own records in accordance with any applicable law;
      • (2) it is your responsibility to comply with any applicable laws relating to logging driver hours; and
      • (3) upon subscribing, you will only be able to input data into LogChecker for the preceding two (2) weeks or the fifteenth (15th) day of the preceding month, whichever is the greater period.
  3. Amendments
    • 3.1 We reserve the right to make changes to these terms and conditions at any time. Each time you use LogChecker you should visit and review these terms and conditions that apply to your use of LogChecker.
    • 3.2 We may provide you with notice of the new terms by providing you with a notification when you login to LogChecker so you can read the new terms on the first occasion you login after they were issued.
  4. Grant of licence
    • 4.1 We grant to you a personal, limited, non-exclusive, non-transferable, non-assignable licence to use LogChecker (as updated from time to time) on the terms and conditions set out in this agreement (“Licence”). The Licence granted to you under this agreement will be revoked when this agreement ends.
    • 4.2 You are not allowed to transfer the Licence to any other person or company, nor are you allowed to let anyone else use LogChecker under your Licence without obtaining Our written consent.
  5. Ownership of LogChecker
    • LogChecker is, and will at all times be, owned by Us (including any updates or amendments made to it by any party). Using LogChecker does not give you any right to ownership of LogChecker or any part of it.
  6. Restrictions
    • When using LogChecker you must not do any of the things that are listed below:
    • (1) Reverse engineer, de-compile, disassemble or alter LogChecker, or otherwise attempt to discover its source code.
    • (2) Transfer, sub-license, sell, rent, lease, lend, duplicate, or otherwise translate LogChecker.
    • (3) Copy any ideas, functions, features or graphics from LogChecker for any purpose, including but not limited to development of a similar program.
    • (4) Tamper with or attempt to bypass functionality that operates to enforce this agreement, including the prevention of software piracy, unauthorised use of LogChecker.
    • (5) Use, post, transmit or introduce any software, routine or device that interferes or attempts to interfere with the operation, integrity or performance of LogChecker, or attempts to gain unauthorised access to LogChecker.
  7. Your obligations
    • You must do the following things as a condition of your use of LogChecker (in addition to anything else you are required to do under this agreement):
    • (1) Comply with any laws that apply in your jurisdiction or otherwise to your use of LogChecker (including logging driving hours).
    • (2) Protect any passwords for use with LogChecker.
    • (3) Tell Us immediately of any unauthorised access to LogChecker.
    • (4) Indemnify Us against any claim that is made against Us, on a full indemnity basis, as a result of your breach of this agreement.
  8. Privacy
    • 8.1 We, at all times, will respect your privacy with respect your use of LogChecker. However, you agree that We can do the following things in relation to your use of LogChecker without informing you that We are doing them on each occasion:
      • (1) Store your contact information with Our records.
      • (2) Access the data you enter into LogChecker for the purpose of maintaining, improving or providing assistance with LogChecker.
      • (3) Publish publicly available summary information which does not identify you or the data you have submitted into LogChecker.
    • 8.2 If We receive any form of order from any governmental or regulatory authority or Court to provide the information you have stored on LogChecker, then We will do so at your cost. You agree to pay Us for all fees and charges in connection with providing that information to the relevant authority or Court.
    • 8.3 Subject to clauses 8.1 and 8.2, We will only release the data you have submitted into LogChecker with your written authority or upon receiving any form of order from any governmental or regulatory authority or Court.
  9. Fees and charges
    • 9.1 Before We allowed you to use LogChecker you acknowledge that We notified you of the fees you need to pay to continue with that use. Those fees need to be paid by you in order to allow you to continue to use LogChecker.
    • 9.2 You must also pay Us any GST imposed on the fees you are required to pay under this agreement at the same time as you pay the relevant fee. In return We will provide you with a valid tax invoice for that payment.
    • 9.3 We prefer that all monies be paid by credit card or a debit card. It is your responsibility to ensure that there are current details for a valid, working credit card or debit card with sufficient funds to pay for all fees charged to that card. Fees paid with an American Express or Diners Club card will incur a surcharge of 3% (plus GST) of the invoice amount each time We debit the card.
    • 9.4 We may ask you to sign a direct debit authority so that the fees and charges payable by you are automatically deducted from your nominated account on the 15th day of each month.
    • 9.5 If you wish to pay the fees and charges by cash or any other means other than by way of credit card or debit card, then you will be required to pay the fees and charges annually in advance.
    • 9.6 Unfortunately, it is necessary for Us to review Our fees and charges and to increase them from time to time. If We need to increase Our fees for any reason We will notify you of the change in your fees by giving you one (1) months notice of the proposed increase. After that period the new fees will apply to your use of LogChecker.
  10. Failure to pay
    • 10.1 If you do not pay any fees and charges We ask you to pay to use LogChecker We may, but are not obliged to, issue you with a reminder notice and give you a further seven (7) days to pay. Regardless of whether We provide you with a reminder notice, if any payment required to be made to Us is not paid on the due date, then:
      • (1) We may suspend your access altogether; and
      • (2) you will be required to pay interest calculated at the rate of 15% per annum on the amount outstanding plus an administration fee of $25 and a dishonour fee of $20 if your credit card or debit card is declined for any reason.
    • 10.2 If you still do not pay the full amount owing, including any late payment fees We ask you to pay, We can suspend your right to use LogChecker until all of those fees are paid. If We suspend your right to use LogChecker We can require you to pay a further fee to meet the additional costs incurred by Us in having to do so.
  11. Suspension
    • 11.1 Your right to use LogChecker is subject to you complying with the terms of this agreement. If you do not comply with those terms then We may suspend your right to use LogChecker until We are satisfied that you will comply with these terms in full.
    • 11.2 If We suspend your right to use LogChecker on that basis We will try, but are not obliged, to provide you with prior notice. We are not liable to you for any claim, damage or loss (of any nature) that arises as a result of the suspension of your right to use LogChecker.
  12. Maintenance and other issues with LogChecker
    • 12.1 We will perform maintenance to Our system and LogChecker from time to time. This may mean that your use of LogChecker is interrupted or disrupted from time to time. We will endeavour to provide you with reasonable notice of the conduct of any regular system maintenance.
    • 12.2 However there will be times when We will not be able to provide you with that notice because the maintenance is required to fix an urgent problem or for some other similar reason. If this occurs We are not liable to you for any claim, damage or loss that arises out of any resulting interruption to your use of LogChecker.
  13. Disclaimer and limitation of liability
    • 13.1 To the extent permitted by law, LogChecker is provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability or fitness for a particular purpose.
    • 13.2 If We are liable to you for direct damages then the amount of Our liability is limited to the amount paid by you under this agreement for the preceding twelve (12) months other than damages caused by:
      • (1) any successful claim made by a third party on account of an infringement of their intellectual property rights; or
      • (2) Our negligence, dishonesty or fraud.
    • 13.3 Under no circumstances will We be liable for any indirect, consequential or special damages (including loss of production, lost opportunity costs, lost business, loss profits, loss of anticipated cost savings) suffered by you which arise from your use of LogChecker or in connection with this agreement.
  14. Warranties
    • 14.1 You warrant to Us that you:
      • (1) have made your own enquiries in relation to LogChecker, how it can be used by you and the system and hardware requirements you need in order to ensure that LogChecker operates effectively;
      • (2) you have not relied on any representation made by Us, either verbally or in writing, when deciding whether to enter into this agreement; and
      • (3) are authorised and have the legal power to enter into this agreement.
    • 14.2 We do not warrant that:
      • (1) LogChecker will be error free, uninterrupted, complete or completely secure;
      • (2) LogChecker will be compliant with any applicable laws relating to logging driver hours;
      • (3) any defects in LogChecker will be rectified;
      • (4) when this agreement ends you will be able to transfer any data entered into LogChecker to an alternative system;
      • (5) LogChecker will continue to operate during any event that is out of Our control such as power failures, system failure, any act of god or war; or
      • (6) LogChecker will be immune from unauthorised access or the alteration of any data stored within it.
  15. Indemnity
    • 15.1 It is an essential term of this agreement that you indemnify Us against any claim made against Us and any loss or damages suffered by Us in connection with your breach of this agreement or use of LogChecker.
    • 15.2 Further you release and hold Us harmless from and against any claim, loss, liability or damage that you may suffer as a result of your use of LogChecker.
  16. End of agreement
    • 16.1 We can terminate this agreement immediately if:
      • (1) you do not pay any money owed to Us for more than seven (7) days after it was originally due to be paid;
      • (2) you breach any essential term of this agreement;
      • (3) you breach any other term of this agreement and do not remedy that breach to Our satisfaction within seven (7) days of Us asking you to do so; or
      • (4) you become subject to bankruptcy, external administration, liquidation, receivership or any other insolvency event.
    • 16.2 We can also terminate this agreement for any reason as long as We provide you with at least one (1) months notice of Our intention to do so.
    • 16.3 You can terminate this agreement at any time by providing Us with one (1) months written notice to that effect. If you terminate this agreement you are not entitled to a refund of any fees paid by you prior to the date of termination, even if those fees are for the use of LogChecker after that date. You must also pay Us:
      • (1) any reasonable costs incurred by Us in terminating your use of LogChecker;
      • (2) the balance of the fees owing for the subscription period within which you terminated this agreement.
    • 16.4 When this agreement ends:
      • (1) you must immediately stop using LogChecker and not use it again unless We permit you to do so in writing;
      • (2) We may, in Our absolute discretion, allow you to have read only access to the data you have submitted to LogChecker for a period of one (1) month; and
      • (3) We may delete your data however at Our absolute discretion may archive that data for a period of three (3) years.
    • 16.5 If you wish to obtain copies of the data you have submitted into LogChecker, then We will do so provided that you pay Us for the costs incurred by Us in doing so.
  17. General provisions
    • 17.1 This agreement is governed by the laws of New South Wales, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that jurisdiction.
    • 17.2 If any term of this agreement is illegal or otherwise unenforceable, it will be deemed to be severed from this agreement, and all other terms of this agreement will remain in full force and effect.
    • 17.3 You may not transfer, assign or otherwise dispose of any or all of your rights or obligations under this agreement without Our prior written consent.
    • 17.4 If any term of this agreement needs to operate after this agreement ends then that term survives termination of this agreement (i.e. that term continues to apply even though the agreement has ended).