Terms and conditions


General Terms and Conditions

Last updated: 30 August 2016.

1. Introduction

1.1 This website (www.engaccess.com) is owned and operated by Eng Access Pty Ltd (ACN: 612225831) (“EA”, “Eng Access”, “engaccess”, “we”, “us”, “our”). By accessing our website and/or our service, you agree to these General Terms and Conditions for Website and all other terms and conditions and policies as outlined on our website.

1.2 We provide an online market place for the procurement of professional engineering services. Our service is provided by our web-based platform, www.engaccess.com. This service has the following features:
i. A “Post a Job or Project” feature, which allows Clients to both register to the website and to post engineering jobs or projects. Jobs or projects posted may be classed as ‘private’ or ‘public’.
ii. A “Join as Engineer” feature, which allows Engineers to register to the website and respond to jobs posted by Clients.
iii. An “Invoicing Tool” feature, which allows Engineers to invoice Clients for the work they do through the website.

1.3 These General Terms and Conditions for Website govern the use of our website and/or our services by all users including registered Clients and registered Engineers and Visitors.

1.4 Persons, Companies, Employees, Contractors and other legal entities who visit or register to our website and/or use our services are bound by these General Terms and Conditions for Website.

1.5 These General Terms and Conditions for Website can be accessed from our landing page or can be obtained by providing a request in writing to us provided that request is reasonable.

1.6 If there is any inconsistency between these General Terms and Conditions for Website and any other terms and conditions and policies outlined on our website, the General Terms and Conditions for Website shall prevail.

1.7 All users of our website and/or our services are bound by our Privacy Policy, which is available on our website or by providing a request in writing to us provided that request is reasonable.

2. Registration

2.1 You agree to only use our website and/or our services if you have registered either as an Engineer or as a Client. By registering, you agree to be legally bound by these General Terms and Conditions for Website and any other terms and conditions and policies outlined on our website.

2.2 We retain an exclusive right to determine if you are permitted to use our website and/or our services and to maintain your registration. We may, at our discretion, allow you access to only certain parts of our website and/or our services. We may at our discretion, refuse, cancel or suspend your registration on any grounds and at any time.

2.3 Access to our website and/or our services is provided as is. We make nor offer any warranties, guarantees or otherwise any fitness for purpose or otherwise of our website and/or our services. We make no guarantees or warrantees that our website and/or our services is free from errors, will operate and function correctly or is free from disruptions or other events whether within our control or not. Our website and/or our services may from time-to-time be unavailable due to maintenance or other activities.

2.4 We reserve the right to cancel your registration at any time and for any reason. If your registration is cancelled by us, this cancellation is not subject to appeal.

3. Accuracy of data provided

3.1 All data, including any personal information, which you provide to us, shall be accurate and up-to-date.

3.2 We make no guarantees or warranties as to the accuracy and completeness of data contained on our website and/or our services.

3.3 We are not liable to you or anyone else for any damage to your computer system that may occur in connection with our website and/or our services.

4. Conditions of use

4.1 You agree to use our website and/or our services:
i. In accordance with all applicable laws and regulations.
ii. In compliance with all terms and conditions and policies posted on our website, including these General Terms and Conditions of Website.
iii. Honestly, ethically, and professionally in good faith.
iv. So as to not bring our website, our services or our brand or our reputation into disrepute.

5. Intellectual property rights

5.1 “engaccessTM” is a trademark owned by us. You may not use the name engaccess or represent that you are affiliated with us in any way except if you register with us, are a verified user, and use the name engaccess in accordance with these General Terms and Conditions of Website. “Professional Engineering on DemandTM” is a trademark owned by us. You may not use our trademarks unless we agree so in writing.

5.2 All intellectual property rights belong to us and all such rights are reserved unless noted otherwise.

5.3 You agree not to nor allow any third party to use, copy, modify, publish, extract, display, disclose, license, transfer, reproduce, or create derivative works from any information, content, material or data displayed on our website without prior written consent from us.

6. Privacy

6.1 We collect and use your personal information in accordance with our Privacy Policy.

6.2 If there is any disclosure of personal information by you, you are confirming that you agree to the terms and conditions of our Privacy Policy.

6.3 If you do not agree with our Privacy Policy, you should immediately cease using our website and/or our services and advise us in writing.

6.4 We may amend these General Terms and Conditions of Website independently to any other terms and conditions or policies as outlined on our website.

7. Notices and complaints

7.1 Any complaints or notices are to be sent to tech@engaccess.com.

7.2 You agree that we may send you notices using the contact details provided with your registration.

8. Governing law

8.1 These General Terms and Conditions of Website shall be governed by and construed with the laws of Queensland, Australia.

8.2 You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

9. Email subscription

9.1 By becoming a member of Eng Access you are giving permission for Eng Access to contact you direct via email. You may unsubscribe at any time via the emails sent to you or by emailing tech@engaccess.com with subject ‘optout’.

9.2 Your contact details will not be disclosed to any third party unless we are required to do so by law.

9.3 To the extent that it is applicable, our Privacy Policy also applies to members of our mailing list.

Terms and Conditions for Engineers

Last updated: 30 August 2016.

1. Introduction

1.1 This website (www.engaccess.com) is owned and operated by Eng Access Pty Ltd (ACN: 612225831) (“EA”, “EngAccess”, “engaccess”, “we”, “us”, “our”). By accessing our website and/or our services, You (“you”) agree to these Terms and Conditions for Engineers, and all other terms and conditions and policies as outlined on our website.

1.2 These Terms and Conditions for Engineers govern the use of our website by engineers and their companies, employees and contractors. Clients wishing to use our website to find, engage, and manage engineers will be bound by our Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website.

1.3 By accessing our website and/or our service you are entering into a legally binding contract with us on these Terms and Conditions for Engineers.

1.4 If you do not agree to these Terms and Conditions for Engineers, do not access our website and/or services and do not proceed with accepting these Terms and Conditions for Engineers on the website when asked to do so.

2. Our service and your obligations

2.1 Eng Access is an online platform for connecting Clients with professional engineers. Eng Access is not an engineering firm, is not engaging in an engineering practice, and Eng Access does not act as an engineer. Eng Access does not provide engineering advice. Nothing on Eng Access is engineering advice and you cannot rely on it. You should always consult a professional engineer to get certainty of your engineering requirements and obligations.

2.2 Competitors, including companies offering online professional engineering services of any kind or connecting customers with professional engineers, are not permitted to access and/or use any services, information or documents on our website.

2.3 We will use reasonable efforts to offer access to our website and/or services to verified registered users, and will use reasonable efforts to maintain our website in the jurisdictions in which we advertise access to our website and subject to these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website. We may though at any time cease to offer access to our website and/or services for any reason and without any liability to you.

3. Registration

3.1 To use our website and/or service, you must be registered by completing the registration process for engineers on our website.

3.2 By registering on our website, you are agreeing to be legally bound by these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website.

3.3 By registering on our website, you agree that we reserve the exclusive right to determine whether or not you are permitted to use our website and/or any of our services at any time. We are not obliged in any way to advise why you may not be permitted to use our website or why your registration may be cancelled or suspended, even after you have verified your account. We may at our discretion only allow you access to some, but not all of our website and/or our services.

3.4 If you register with us, you must verify your registration before you can submit proposals on jobs posted by Clients. Only verified registered engineer users may submit proposals on jobs.

3.5 If you register with us, you must verify your registration within 24 hours of registering on the website, otherwise we reserve the right to cancel your registration. Verification of your registration can be performed by successfully responding to our verification email sent to you when you register.

3.6 By registering with us, you agree to keep confidential your login password. You agree to use adequate security procedures to ensure the security of your login details and to prevent unauthorised access to and the unauthorised use of our website.

3.7 By registering with us, you assume full responsibility for any and all use, unauthorised use or misuse of our website and/or services. You acknowledge and agree that any breach by such person of any of these Terms and Conditions for Engineers shall constitute a breach of such terms and conditions by you.

3.8 By registering with us, you agree that you will promptly notify us if you become aware of, or have reasonable grounds to suspect, the loss, theft, unauthorised use or disclosure of your login details to any third party.

3.9 By registering with us, you agree that you will be responsible for anything that happens through our website using your login details until you have reported misuse of your account to us and your account is cancelled.

3.10 If we have reasonable grounds to believe that unauthorised access to your account is occurring with or without your knowledge, we may, without prior notice, suspend your rights to use our website, including suspension and/or cancelling your registration.

3.11 In the event that you registered with us, you will be asked to provide a password (along with an email address) which will grant authorised users secure access to use our website and/or services. Authorised users will need to provide the authentication each time they wish to use our website.

3.12 By registering with us, you agree that:

  • 3.12.1 All proposals for jobs advertised on the Eng Access platform will be submitted to the Client only through the Eng Access platform and not through any other form of communication.

  • 3.12.2 All work won for jobs advertised on the Eng Access platform will take place through the platform itself, from quote submission through to invoicing.

  • 3.12.3 All work won from jobs that are advertised on the Eng Access platform are subject to a 5% service fee.

  • 3.12.4 Any users determined to be in contravention of these terms may be removed from the platform permanently.

4. Engineer–Client relationship

4.1 These Terms and Conditions for Engineers and all other terms and conditions and policies are not intended to govern the engagement of any engineer by any company. You are solely responsible for putting in place and accepting any terms and conditions concerning your engagement for any job or project, whether or not the job or project has been procured or managed using our website and/or services.

4.2 Nothing in these Terms and Conditions for Engineers and all other terms and conditions and policies on our website, or any terms between us and any entity that uses our website is intended to create a relationship between the Client and the Engineer of any kind.

4.3 In the event that you are engaged by a Client to provide engineering advice or undertake any other work, you remain responsible for the performance of all of your engineering and ethical obligations.

5. Usage

5.1 You agree that you shall only use our website and/or services as follows:
i. In full compliance with the Terms and Conditions for Engineers and all other terms and conditions and policies outlined on our website.
ii. In accordance with all applicable laws and regulations.
iii. At all times act honestly, ethically, professionally, transparently, and in good faith.
iv. At all times act so as not to bring us or any other users of our website and/or services into disrepute.

5.2 You agree that you as a professional engineer:
i. Have the necessary qualification to act as a professional engineer in the jurisdictions that you practice.
ii. Have at least 5 years of experience as a professional engineer.
iii. Have never been convicted for an indictable offence or an offence against the Professional Engineers Act or the repealed Act or another offence relating to the practice of engineering against a law applying, or that applied in the State, the commonwealth or another State or foreign country.
iv. Have never had your registration under the Professional Engineers Act or the repealed Act suspended or cancelled or another suspension or cancellation relating to the practice of engineering against a law applying, or that applied in the State, the commonwealth or another State or foreign country.
v. Are not affected by bankruptcy action or an indictable offence or an executive officer of a corporation affected by control action.
vi. Acknowledge that there are no issues relevant to your ability to competently practise as a professional engineer, including, for example your mental or physical health.

5.3 You agree that:
i. You will provide any information to us that we may reasonably request from time to time to any job or project that has been procured or is being managed using our website in order for the website and/or our services to be used in the manner it was intended for.
ii. All information, content, material, and data that you upload to our website or send via our website or send outside of our website whilst as a registered user of our website is true, accurate and not misleading.
iii. You will not disclose any information you do not have a right to (for example confidential information), infringe the intellectual property rights of others, infringe the intellectual rights of Eng Access, post or upload anything containing viruses, worms or other harmful software, copy or use any information on our website for a competitive service, monitor our website availability, performance or functionality or override or circumvent any security feature.

6. Fees

6.1 Except as outlined below, we will not charge you for registration or accessing or using our website and/or services.

6.2 By providing you with access to jobs or projects through our platform, we charge you a service fee. The service fee and your liability for that service fee becomes effective when you are engaged by a Client for a job or project that you have submitted a proposal for. You agree to be liable for our service fee and to pay our service fee when invoiced.

6.3 Our service fee is calculated at five percent (5%) of the total fees billed for a job and five percent (5%) of any additional matters that arise from that job that you bill to your Client. The total fees include all fees and charges billed by you to your Client (either directly or indirectly), excluding any goods and services or value added tax.

6.4 All consideration to be paid for taxable supplies of goods or services is treated as exclusive of any goods and services or other value added taxes.

6.5 Where any goods and services or other value added taxes are applicable, these amounts will be added to our invoices and you agree to be liable and to pay these amounts.

7. Invoicing

7.1 Invoicing of the Client shall be undertaken by you through the Invoicing Tool on our website unless we agree otherwise in writing.

7.2 You agree not to send any invoices or payment requests that circumvent our Invoicing Tool, unless we agree otherwise in writing.

7.3 When you are engaged by a Client for a job that you have bid on, our service fee will be promptly invoiced to you when you issue an invoice to the Client through our Invoicing Tool. The value of our invoice will equal the service fee plus any applicable goods and services or value added tax.

7.4 Our invoices issued to you shall be payable within 14 days.

7.5 You are solely responsible for all invoicing and payment arrangements relating to any jobs for which you are engaged, including time recording, billing, and debt collection. You agree that we are not liable to you or responsible for any disputed or unpaid invoices.

7.6 We make no guarantees or provide any advice as to the credit worthiness of any Clients that may post jobs or projects or use our platform. We do not undertake any credit checks.

8. Intellectual property rights

8.1 All intellectual property rights belong to us and all such rights are reserved unless noted elsewhere in these Terms and Conditions for Engineers. Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity, and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.

8.2 “engaccessTM” is a trademark owned by us. You may not use the name engaccess or represent that you are affiliated with us in any way except if you register with us, are a verified user and use the name engaccess in accordance with these terms and conditions. “Professional Engineering on DemandTM” is a trademark owned by us. You may not use our trademarks unless we agree so in writing.

9. User content

9.1 You shall retain ownership of any intellectual property that you communicate or otherwise make available on or through our website, including your professional profile, and any submitted data via our website. You shall ensure that all content complies with these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website. You hereby grant us a perpetual, irrevocable, transferable, worldwide, royalty-free and unlimited licence to use, store, modify, keep, copy, and display such content, subject only to the confidentiality restrictions declared in these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website.

9.2 You may not and may not permit any third party to use, copy, modify, publish, extract, display, disclose, license, transfer, reproduce, or create derivative works from any information, content, material or data displayed on our website and/or our services without our prior written consent.

9.3 You may print, copy, download or store information, content, material or data displayed on our website and/or our services for your own internal business operations only if we agree so in writing.

9.4 We make no guarantees, representations or warranties about the accuracy or correctness of any of the information or data on our website and/or our services.

9.5 Certain services and information made available on our website may be delivered by third-parties. By using our website and/or services, you are allowing us to share information with any third party with whom we have a relationship with and share information as necessary to facilitate our services and website functionality to you. We make no guarantees about the content, accuracy or quality of the products or services provided by such third parties.

10. Confidentiality

10.1 As a registered user of our website, you agree that you may be permitted to access confidential information that belongs to us, other registered users, and registered clients.

10.2 Such confidential information may include the names of other registered users, the names of clients, and other information about business affairs, services, products, transactions, trade secrets, know-how and individuals, whether proprietary or not. All information that is made available on our website and/or our services shall be considered at all times and in all instances confidential information.

10.3 You agree to keep all confidential information secret and shall not disclose any such confidential information to any third party without consent from us or from the relevant Client or user of our website to whom the confidential information belongs or to use such confidential information for any purpose other than the purpose for which it has been disclosed to you.

10.4 You agree to return or destroy any confidential information of Clients and other users of our website and/or our services that you have in your possession or control if you are requested to do so by us or by the relevant Client or user to whom the confidential information belongs.

10.5 You may only disclose confidential information to your employees, contractors or professional advisers (including insurers) on a need-to-know basis for the purposes of complying with these terms and conditions or making proper use of our website and/or services and then only if the relevant parties have agreed to the same terms of confidentiality.

10.6 The confidentiality restrictions in these Terms and Conditions for Engineers shall not apply to any information that you can demonstrate is in the public domain or you are required to disclose by law or by order of a court of competent jurisdiction.

10.7 Any information that is disclosed independently to you by any client or other user of our website and/or our services shall be governed by whatever contractual or non-contractual duties of confidence that may exist between you and the relevant client or user.

10.8 Where we have made settings available, we will honour the choices you make about who can see your user content. By default, unless we agree otherwise, your profile data including your name and contact details will be disclosed to any Client to whom you submit a proposal.

10.9 By default, unless we agree otherwise, all financial reporting and related information that you submit to us with respect to a job will be disclosed to the Client by whom you have been engaged.

10.10 We reserve the right to retain your user content and other information applicable to you, subject to our Privacy Policy.

10.11 Our Terms and Conditions for Clients provide that certain information disclosed to them via our website and/or our services will be confidential information and subject to similar restrictions to those set out in these Terms and Conditions for Engineers. We will not however be responsible for enforcing those Terms and Conditions for Clients (although we reserve the right to do so).

11. Privacy

11.1 All individuals who register with us must disclose certain personal information in order to use our website and/or our services. Such information is required in order for us to operate our website and/or to provide our services. These Terms and Conditions for Engineers include our Privacy Policy, with which all individuals who register with us, whether as an individual, a company or any other authorised user, shall be bound.

11.2 In the event that you disclose any personal information to us, you are confirming that the individual to whom such information relates has agreed to the terms of our Privacy Policy. In the event that you do not agree to the terms of the Privacy Policy, you should immediately cease to access our website and cease using our services.

12. Warranties

12.1 By agreeing to these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website, whether when registering or when submitting a proposal or submitting invoices or conducting any other activity on our website, you are warranting that you have the individual and corporate capacity and powers to enter into these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website, that you are of sound financial standing, that you have all the necessary rights, titles, licences, permission, authorisations, registrations and approvals necessary, and that you are properly qualified to provide professional engineering advice and are appropriately insured.

12.2 Access to our website and/or our services is provided “as is”. We make no warranties, express or implied representations or guarantees as to the merchantability and/or fitness for any particular purpose or otherwise with respect to our website and/or any of our services, their content, availability or functionality.

12.3 We give no guarantee that our website and/or any of our services will operate error-free and you acknowledge that your use of our website and/or our services may be subject to errors, malfunctions, disruptions or other failures.

12.4 We do not guarantee that you will be offered any opportunity to perform any engineering work by making use of our website and/or our services. In no event will we be liable for any loss, damage, cost or expense which you or any user might incur as a result of any errors, malfunctions, disruptions or failures to our website and/or our services. In no event will we be liable if you are unsuccessful in bidding on any jobs.

12.5 Our website and/or our services are not a storage service or hosting service. You agree that we are under no obligation to store, maintain or provide you with a copy of any information, content, material or data displayed on our website and/or in any of our services.

13. Liability

13.1 Nothing in these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website shall limit or exclude our or your liability for fraud or fraudulent misrepresentation, payment of fees properly due and owing or any other matter for which it would be illegal to limit or exclude liability.

13.2 Subject to this, in no circumstances whatsoever shall we be liable to you whether such liability arises under tort including negligence, under contract or otherwise in any circumstance for any direct, indirect, economic, special or consequential loss or damage, including but not limited to for loss of opportunity, loss of revenue, loss of production, loss of profit or anticipated profit, loss of contracts, customers loss of or damage to reputation or goodwill, loss arising from business operation or any special or exemplary loss or damage and loss of, or loss of use of, any software, data, computer or other equipment or service.

13.3 We shall not be liable for viruses, worms, trojan horses or other undesirable data or software produced or initiated by us, you or third parties.

13.4 We shall not be liable for any attempts (successful or otherwise) of unauthorised users (such as hackers) to access to your data or any equipment, software, systems or services used by you or the users of our website and/or our services.

13.5 We shall not be liable for libel, slander or infringement of copyright from or in connection with the operation our website and/or our services.

13.6 We shall not be liable for any claim arising out of any of your acts or omissions.

13.7 We shall not be liable for any unlawful or unauthorised use of our website and/or our services by users, partners, consultants, employees, agents or subcontractors.

13.8 We shall not be liable for any claim arising out of a breach in the privacy or security of communications or data transmitted over or using your equipment, software, systems or services.

13.9 We shall not be liable for any claim arising directly or indirectly from a breach by you of these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website.

13.10 We shall not be liable to you for any failure or delay in performing our obligations under these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website to the extent that such failure or delay is due to any event or circumstance outside of our control.

13.11 You agree to mitigate any loss, damage, cost, expense or other liability that you may suffer in connection with your use of our website and/or our services.

13.12 We have no liability to you in respect of any claim, action, matter or thing arising in connection with these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website or your use of our website or any of our services unless we receive a written notice of the claim, action, matter or thing from you within three (3) months after the circumstances giving rise to such claim, action, matter or thing occurred.

14. Suspension and cancellation

14.1 Without notice, we may at any time suspend access to our website and/or our services and without any liability to you.

14.2 Without notice, we may at any time suspend or cancel your registration without any liability to you.

14.3 If we advise you that your registration is under review and/or we subsequently cancel or suspend your registration, you may submit within 24 hours of our notice a request for us to review our decision. We may, at our sole discretion, review your notice and at our sole discretion decide to either reinstate your registration (which may be subject to various conditions) or cancel or suspend your account indefinitely.

15. Notices and complaints

15.1 Any complaints or notices are to be sent to tech@engaccess.com.

15.2 You agree that we may send you notices using the contact details provided with your registration or the contact details as amended by you through our website.

16. Severability

16.1 These terms and conditions will be enforced to the fullest extent permitted by applicable law. If for any reason a court of competent jurisdiction declares these Terms and Conditions for Engineers invalid, illegal or unenforceable, such provision shall be severed without effect to the remainder of the provisions. All other Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website shall remain in full force and effect and the severed term will continue to have effect in other jurisdictions where it has not been declared invalid, illegal or unenforceable.

17. Amendments

17.1 The Terms and Conditions for Engineers may be amended or varied at any time without notice. If you do not agree with any amendments or variations, you should not use our website and/or our services.

17.2 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on our website without notice from time to time.

17.3 We may amend these Terms and Conditions for Engineers independently to any other terms and conditions or policies as outlined on our website.

18. Survival of terms and conditions

18.1 These Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website shall apply for as long as you are registered with us. Each registration is to an individual. Individuals may cancel their registration at any time by requesting cancellation in writing to tech@engaccess.com. Registration cannot be cancelled while you have active jobs or outstanding invoices unless written agreement is given by us.

18.2 These Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website shall continue to apply to any jobs for which you were engaged in via our website despite cancellation of your registration.

19. Assignment

19.1 These terms and conditions are personally assigned to you and you may not assign, novate or otherwise dispose of any rights or obligations under these terms and conditions without our prior written consent from us.

19.2 We may assign or otherwise transfer any or all of our rights and obligations under these Terms and Conditions for Engineers to any third party at our discretion.

19.3 These Terms and Conditions for Engineers are not enforceable by any person who is not a party to them.

20. Partnerships

20.1 Nothing described in these Terms and Conditions for Engineers shall be construed to infer any partnership or joint venture of any kind between parties or to authorise either party to act on behalf of the other.

21. Governing law

21.1 These Terms and Conditions for Engineers shall be governed by and construed with the laws of Queensland, Australia.

21.2 You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

22. Other items

22.1 These Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website constitute the entire agreement between the parties concerning the subject matter of these terms and condition and supersede and cancel all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

22.2 You agree that by entering into these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website that you shall have no remedy in respect of, any statement, representation, warranty or undertaking other than as expressly set out in these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website.

22.3 Nothing contained in these Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website shall operate to exclude or limit any liability for fraud or fraudulent misrepresentation by you or us.

Terms and Conditions for Clients

Last updated: 30 August 2016.

1. Introduction

1.1 This website (www.engaccess.com) is owned and operated by Eng Access Pty Ltd (ACN: 612225831) (“EA”, “EngAccess”, “engaccess”, “we”, “us”, “our”). By accessing our website and/or our services, You (“you”) agree to these Terms and Conditions for Clients, and all other terms and conditions and policies as outlined on our website.

1.2 These Terms and Conditions for Clients govern the use of our website by clients and their companies, employees and contractors. Engineers wishing to use our website to procure engineering jobs or projects will be bound by our Terms and Conditions for Engineers and all other terms and conditions and policies as outlined on our website.

1.3 By accessing our website and/or our service you are entering into a legally binding contract with us on these Terms and Conditions for Clients.

1.4 If you do not agree to these Terms and Conditions for Clients, do not access our website and/or services and do not proceed with accepting these Terms and Conditions for Clients on the website when asked to do so.

2. Our service and your obligations

2.1 Eng Access is an online platform for connecting Clients with professional engineers. Eng Access is not an engineering firm, is not engaging in an engineering practice, and Eng Access does not act as an engineer. Eng Access does not provide engineering advice. Nothing on Eng Access is engineering advice and you cannot rely on it. You should always consult a professional engineer to get certainty of your engineering requirements and obligations.

2.2 Competitors, including companies offering online professional engineering services of any kind or connecting customers with professional engineers, are not permitted to access and/or use any services, information or documents on our website.

2.3 We will use reasonable efforts to offer access to our website and/or services to verified registered users, and will use reasonable efforts to maintain our website in the jurisdictions in which we advertise access to our website and subject to these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website. We may though at any time cease to offer access to our website and/or services for any reason and without any liability to you.

3. Registration

3.1 To use our website and/or service, you must be registered by completing the registration process for clients on our website.

3.2 By registering on our website, you are agreeing to be legally bound by these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website.

3.3 By registering on our website, you agree that we reserve the exclusive right to determine whether or not you are permitted to use our website and/or any of our services at any time. We are not obliged in any way to advise why you may not be permitted to use our website or why your registration may be cancelled or suspended, even after you have verified your account. We may at our discretion only allow you access to some, but not all of our website and/or our services.

3.4 If you register with us, you must verify your registration before you can select a proposal posted by an Engineer and engage that Engineer to provide professional engineering services. Only verified registered client users may select a proposal posted by an Engineer and engage that Engineer to provide professional engineering services.

3.5 If you register with us, you must verify your registration within 24 hours of registering on the website, otherwise we reserve the right to cancel your registration. Verification of your registration can be performed by successfully responding to our verification email sent to you when you register.

3.6 By registering with us, you agree to keep confidential your login password. You agree to use adequate security procedures to ensure the security of your login details and to prevent unauthorised access to and the unauthorised use of our website.

3.7 By registering with us, you assume full responsibility for any and all use, unauthorised use or misuse of our website and/or services. You acknowledge and agree that any breach by such person of any of these Terms and Conditions for Clients shall constitute a breach of such terms and conditions by you.

3.8 By registering with us, you agree that you will promptly notify us if you become aware of, or have reasonable grounds to suspect, the loss, theft, unauthorised use or disclosure of your login details to any third party.

3.9 By registering with us, you agree that you will be responsible for anything that happens through our website using your login details until you have reported misuse of your account to us and your account is cancelled.

3.10 If we have reasonable grounds to believe that unauthorised access to your account is occurring with or without your knowledge, we may, without prior notice, suspend your rights to use our website, including suspension and/or cancelling your registration.

3.11 In the event that you registered with us, you will be asked to provide a password (along with an email address) which will grant authorised users secure access to use our website and/or services. Authorised users will need to provide the authentication each time they wish to use our website.

4. Client-Engineer relationship

4.1 These Terms and Conditions for Clients and all other terms and conditions and policies are not intended to govern the engagement of any engineer by any company. You are solely responsible for putting in place and accepting any terms and conditions concerning your procurement of professional engineering services for any job or project, whether or not the job or project has been procured or managed using our website and/or services.

4.2 Nothing in these Terms and Conditions for Clients and all other terms and conditions and policies on our website, or any terms between us and any entity that uses our website is intended to create a relationship between the Client and the Engineer of any kind.

4.3 In the event that you engage and Engineer to provide engineering advice or undertake any other work, the Engineer remains responsible for the performance of their engineering and ethical obligations.

5. Usage

5.1 You agree that you shall only use our website and/or services as follows:
i. In full compliance with the Terms and Conditions for Clients and all other terms and conditions and policies outlined on our website.
ii. In accordance with all applicable laws and regulations.
iii. At all times act honestly, ethically, professionally, transparently, and in good faith.
iv. At all times act so as not to bring us or any other users of our website and/or services into disrepute.

5.2 You agree that you as a Client:
i. Are not affected by bankruptcy action or an indictable offence or an executive officer of a corporation affected by control action.

5.3 You agree that:
i. You will provide any information to us that we may reasonably request from time to time to any job or project that has been posted, procured or is being managed using our website in order for the website and/or our services to be used in the manner it was intended for.
ii. All information, content, material, and data that you upload to our website or send via our website or send outside of our website whilst as a registered user of our website is true, accurate and not misleading.
iii. You will not disclose any information you do not have a right to (for example confidential information), infringe the intellectual property rights of others, infringe the intellectual rights of Eng Access, post or upload anything containing viruses, worms or other harmful software, copy or use any information on our website for a competitive service, monitor our website availability, performance or functionality or override or circumvent any security feature.
iv. You will not attempt or use any other registered Client’s account on our website.

6. Fees

6.1 Except as outlined below, we will not charge you for registration or accessing or using our website and/or services.

6.2 By providing professional engineers with access to engineering jobs or projects through our platform, we charge the Engineer that you engage a service fee. The service fee and their liability for that service fee becomes effective when the Engineer is engaged by you for a job or project that you have posted via our website. The Engineer is liable for our service fee and liable to pay our service fee when they invoice you. The Client is not liable for our service fee nor liable to pay our service fee.

6.3 Our service fee is calculated at five percent (5%) of the total fees billed for a job and five percent (5%) of any additional matters that arise from that job that an Engineer bills to you. The total fees include all fees and charges billed by the Engineer (either directly or indirectly), excluding any goods and services or value added tax.

6.4 By engaging an Engineer through our website, you are liable for the Engineer’s fee.

6.5 The Engineer’s fee includes all professional fees and expenses, accrued to date on a fortnightly basis, by the Engineer in undertaking the engineering services procured by you through our website and becomes effective when the Engineer is engaged by you for a job or project that you have posted via our website.

6.6 The Engineer’s fee shall be accrued and invoiced in accordance with the terms and conditions and pricing information outlined in the proposal selected by you, which form the basis of the contract between you the the Engineer.

6.7 All consideration to be paid for taxable supplies of goods or services is treated as exclusive of any goods and services or other value added taxes.

6.8 Where any goods and services or other value added taxes are applicable, these amounts will be added to our invoices.

7. Invoicing

7.1 Invoicing of the Client shall be undertaken by the Engineer through the Invoicing Tool on our website unless we agree otherwise in writing.

7.2 We may at our sole discretion and subject to our agreement in writing, permit the Engineer to invoice the Client outside of the website and not via the Invoicing Tool.

7.3 Unless we have otherwise notified you in writing, if you receive any invoices or payment requests that circumvent our Invoicing Tool, you agree to notify us immediately and agree not settle any such payment requests unless we have agreed in writing.

7.4 When you engage an Engineer for a job or project that you have posted on our website, the Engineer’s fee, accrued to date on a fortnightly basis, will be promptly invoiced to you.

7.5 The value of the invoice will equal the Engineer’s fee plus any applicable goods and services or value added tax.

7.6 Our invoices issued to you shall be payable within 14 days.

7.7 You agree that we are not liable to you or responsible for any disputed or unpaid invoices.

8. Intellectual property rights

8.1 All intellectual property rights belong to us and all such rights are reserved unless noted elsewhere in these Terms and Conditions for Clients. Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity, and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.

8.2 “engaccessTM” is a trademark owned by us. You may not use the name engaccess or represent that you are affiliated with us in any way except if you register with us, are a verified user and use the name engaccess in accordance with these terms and conditions. “Professional Engineering on DemandTM” is a trademark owned by us. You may not use our trademarks unless we agree so in writing.

9. User content

9.1 You shall retain ownership of any intellectual property that you communicate or otherwise make available on or through our website, including your professional profile, and any submitted data via our website. You shall ensure that all content complies with these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website. You hereby grant us a perpetual, irrevocable, transferable, worldwide, royalty-free and unlimited licence to use, store, modify, keep, copy, and display such content, subject only to the confidentiality restrictions declared in these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website.

9.2 You may not and may not permit any third party to use, copy, modify, publish, extract, display, disclose, license, transfer, reproduce, or create derivative works from any information, content, material or data displayed on our website and/or our services without our prior written consent.

9.3 You may print, copy, download or store information, content, material or data displayed on our website and/or our services for your own internal business operations only if we agree so in writing.

9.4 We make no guarantees, representations or warranties about the accuracy or correctness of any of the information or data on our website and/or our services.

9.5 Certain services and information made available on our website may be delivered by third-parties. By using our website and/or services, you are allowing us to share information with any third party with whom we have a relationship with and share information as necessary to facilitate our services and website functionality to you. We make no guarantees about the content, accuracy or quality of the products or services provided by such third parties.

10. Confidentiality

10.1 As a registered user of our website, you agree that you may be permitted to access confidential information that belongs to us, other registered users, and registered engineers.

10.2 Such confidential information may include the names of other registered users, the names of engineers, and other information about business affairs, services, products, transactions, trade secrets, know-how and individuals, whether proprietary or not. All information that is made available on our website and/or our services shall be considered at all times and in all instances confidential information.

10.3 You agree to keep all confidential information secret and shall not disclose any such confidential information to any third party without consent from us or from the relevant Engineer or user of our website to whom the confidential information belongs or to use such confidential information for any purpose other than the purpose for which it has been disclosed to you.

10.4 You agree to return or destroy any confidential information of Engineers and other users of our website and/or our services that you have in your possession or control if you are requested to do so by us or by the relevant Engineer or user to whom the confidential information belongs.

10.5 You may only disclose confidential information to your employees, contractors or professional advisers (including insurers) on a need-to-know basis for the purposes of complying with these terms and conditions or making proper use of our website and/or services and then only if the relevant parties have agreed to the same terms of confidentiality.

10.6 The confidentiality restrictions in these Terms and Conditions for Clients shall not apply to any information that you can demonstrate is in the public domain or you are required to disclose by law or by order of a court of competent jurisdiction.

10.7 Any information that is disclosed independently to you by any engineer or other user of our website and/or our services shall be governed by whatever contractual or non-contractual duties of confidence that may exist between you and the relevant client or user.

10.8 Where we have made settings available, we will honour the choices you make about who can see your user content. By default, unless we agree otherwise, your profile data including your name and contact details will be disclosed to all registered Engineers to whom submit a proposal.

10.9 By default, unless we agree otherwise, all financial reporting and related information that you submit to us with respect to a job will be disclosed to the Engineer by whom you have been engaged.

10.10 We reserve the right to retain your user content and other information applicable to you, subject to our Privacy Policy.

10.11 Our Terms and Conditions for Engineers provide that certain information disclosed to them via our website and/or our services will be confidential information and subject to similar restrictions to those set out in these Terms and Conditions for Clients. We will not however be responsible for enforcing those Terms and Conditions for Engineers (although we reserve the right to do so).

11. Privacy

11.1 All individuals who register with us must disclose certain personal information in order to use our website and/or our services. Such information is required in order for us to operate our website and/or to provide our services. These Terms and Conditions for Clients include our Privacy Policy, with which all individuals who register with us, whether as an individual, a company or any other authorised user, shall be bound.

11.2 In the event that you disclose any personal information to us, you are confirming that the individual to whom such information relates has agreed to the terms of our Privacy Policy. In the event that you do not agree to the terms of the Privacy Policy, you should immediately cease to access our website and cease using our services.

12. Warranties

12.1 By agreeing to these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website, whether when registering or when submitting a proposal or submitting invoices or conducting any other activity on our website, you are warranting that you have the individual and corporate capacity and powers to enter into these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website, that you are of sound financial standing, that you have all the necessary rights, titles, licences, permission, authorisations, registrations and approvals necessary, and that you are properly qualified to provide professional engineering advice and are appropriately insured.

12.2 Access to our website and/or our services is provided “as is”. We make no warranties, express or implied representations or guarantees as to the merchantability and/or fitness for any particular purpose or otherwise with respect to our website and/or any of our services, their content, availability or functionality.

12.3 We give no guarantee that our website and/or any of our services will operate error-free and you acknowledge that your use of our website and/or our services may be subject to errors, malfunctions, disruptions or other failures.

12.4 We do not guarantee that you will be offered an appropriate Engineer to perform any engineering work by making use of our website and/or our services. In no event will we be liable for any loss, damage, cost or expense which you or any user might incur as a result of any errors, malfunctions, disruptions or failures to our website and/or our services.

12.5 Our website and/or our services are not a storage service or hosting service. You agree that we are under no obligation to store, maintain or provide you with a copy of any information, content, material or data displayed on our website and/or in any of our services.

13. Liability

13.1 Nothing in these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website shall limit or exclude our or your liability for fraud or fraudulent misrepresentation, payment of fees properly due and owing or any other matter for which it would be illegal to limit or exclude liability.

13.2 Subject to this, in no circumstances whatsoever shall we be liable to you whether such liability arises under tort including negligence, under contract or otherwise in any circumstance for any direct, indirect, economic, special or consequential loss or damage, including but not limited to for loss of opportunity, loss of revenue, loss of production, loss of profit or anticipated profit, loss of contracts, customers loss of or damage to reputation or goodwill, loss arising from business operation or any special or exemplary loss or damage and loss of, or loss of use of, any software, data, computer or other equipment or service.

13.3 We shall not be liable for viruses, worms, trojan horses or other undesirable data or software produced or initiated by us, you or third parties.

13.4 We shall not be liable for any attempts (successful or otherwise) of unauthorised users (such as hackers) to access to your data or any equipment, software, systems or services used by you or the users of our website and/or our services.

13.5 We shall not be liable for libel, slander or infringement of copyright from or in connection with the operation our website and/or our services.

13.6 We shall not be liable for any claim arising out of any of your acts or omissions.

13.7 We shall not be liable for any unlawful or unauthorised use of our website and/or our services by users, partners, consultants, employees, agents or subcontractors.

13.8 We shall not be liable for any claim arising out of a breach in the privacy or security of communications or data transmitted over or using your equipment, software, systems or services.

13.9 We shall not be liable for any claim arising directly or indirectly from a breach by you of these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website.

13.10 We shall not be liable to you for any failure or delay in performing our obligations under these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website to the extent that such failure or delay is due to any event or circumstance outside of our control.

13.11 You agree to mitigate any loss, damage, cost, expense or other liability that you may suffer in connection with your use of our website and/or our services.

13.12 We have no liability to you in respect of any claim, action, matter or thing arising in connection with these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website or your use of our website or any of our services unless we receive a written notice of the claim, action, matter or thing from you within three (3) months after the circumstances giving rise to such claim, action, matter or thing occurred.

14. Suspension and cancellation

14.1 Without notice, we may at any time suspend access to our website and/or our services and without any liability to you.

14.2 Without notice, we may at any time suspend or cancel your registration without any liability to you.

14.3 If we advise you that your registration is under review and/or we subsequently cancel or suspend your registration, you may submit within 24 hours of our notice a request for us to review our decision. We may, at our sole discretion, review your notice and at our sole discretion decide to either reinstate your registration (which may be subject to various conditions) or cancel or suspend your account indefinitely.

15. Notices and complaints

15.1 Any complaints or notices are to be sent to tech@engaccess.com.

15.2 You agree that we may send you notices using the contact details provided with your registration or the contact details as amended by you through our website.

16. Severability

16.1 These terms and conditions will be enforced to the fullest extent permitted by applicable law. If for any reason a court of competent jurisdiction declares these Terms and Conditions for Clients invalid, illegal or unenforceable, such provision shall be severed without effect to the remainder of the provisions. All other Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website shall remain in full force and effect and the severed term will continue to have effect in other jurisdictions where it has not been declared invalid, illegal or unenforceable.

17. Amendments

17.1 The Terms and Conditions for Clients may be amended or varied at any time without notice. If you do not agree with any amendments or variations, you should not use our website and/or our services.

17.2 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on our website without notice from time to time.

17.3 We may amend these Terms and Conditions for Clients independently to any other terms and conditions or policies as outlined on our website.

18. Survival of terms and conditions

18.1 These Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website shall apply for as long as you are registered with us. Each registration is to an individual. Individuals may cancel their registration at any time by requesting cancellation in writing to tech@engaccess.com. Registration cannot be cancelled while you have active jobs or outstanding invoices unless written agreement is given by us.

18.2 These Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website shall continue to apply to any jobs for which you were engaged in via our website despite cancellation of your registration.

19. Assignment

19.1 These terms and conditions are personally assigned to you and you may not assign, novate or otherwise dispose of any rights or obligations under these terms and conditions without our prior written consent from us.

19.2 We may assign or otherwise transfer any or all of our rights and obligations under these Terms and Conditions for Clients to any third party at our discretion.

19.3 These Terms and Conditions for Clients are not enforceable by any person who is not a party to them.

20. Partnerships

20.1 Nothing described in these Terms and Conditions for Clients shall be construed to infer any partnership or joint venture of any kind between parties or to authorise either party to act on behalf of the other.

21. Governing law

21.1 These Terms and Conditions for Engineers shall be governed by and construed with the laws of Queensland, Australia.

21.2 You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.

23. Other items

23.1 These Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website constitute the entire agreement between the parties concerning the subject matter of these terms and condition and supersede and cancel all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

23.2 You agree that by entering into these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website that you shall have no remedy in respect of, any statement, representation, warranty or undertaking other than as expressly set out in these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website.

23.3 Nothing contained in these Terms and Conditions for Clients and all other terms and conditions and policies as outlined on our website shall operate to exclude or limit any liability for fraud or fraudulent misrepresentation by you or us.