AtSite is a mobile enterprise solution focused on optimising workplace safety and compliance while ensuring seamless operations and data privacy.
Sales Enquiry
sales@atsitepro.com
sales@atsitepro.com
This Agreement, together with any terms expressly incorporated by reference, including the AtSite Privacy Policy, governs Your use of our Services to which You, or a third party which will give You access, such as an employer, have subscribed.
By using the Services, You agree to the terms of this Agreement. If You are entering into this Agreement on behalf or any other legal entity, You represent that You have the authority to bind that entity to these terms and conditions. Our Privacy Policy describes in detail our online information practices and how we collect, use, and/or disclose Your information when You use, access, or visit the Services. By accessing or using the Services, You agree to our information collection and use practices as disclosed in our Privacy Policy. You may review the Privacy Policy here.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This Agreement was last updated on Oct 16, 2024. It is effective between You and Us as of the date of You accepting this Agreement.
Please note that THIS AGREEMENT contains a dispute resolution POLICY that requires arbitration, waives your right to trial by jury, and waives your right to participate in any class action or representative proceeding in the event of disputes, as set out in more detail below.
“Affiliate”
means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“AppExchange”
means the online directory of applications that interoperate with the AtSitepro.com site, located within the AtSitepro.com site or at any successor websites.
“Malicious Code”
means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Non-AtSite.com Applications”
means online applications and offline software products that are provided by entities or individuals other than us and are clearly identified as such, and that interoperate with the AtSitepro.com site.
“Purchased Services”
means Services that You or Your affiliates, agents, employers, consultants, contractors, or other 3rd parties which will give You access, purchase from AtSitepro.com.
“Services”
means the products and services that are available on the AtSitepro.com site and made available by Us online. “Services” exclude Non-AtSite.com Applications.
“Users”
means individuals who are authorized by You to use the Services, for whom subscriptions to a Service have been ordered, and who have been supplied user identifications and passwords by You (or by Us at Your request). Users may include but are not limited to Your employees, consultants, contractors and agents, and third parties with which You transact business.
“We,” “Us” or “Our”
means the AtSite.com company described in Section 12.
“You” or “Your”
means You, the company or other legal entity for which you are accepting this Agreement, and Affiliates, employees, agents, consultants, contractors or other third parties who You give access to, for that company or entity.
“Your Data”
means all electronic data or information submitted by You to the Services.
We will provide you with access to the Services you have subscribed to as they become available, including access to any Free Services. Once your account is set up, you can create workspaces for business or personal use and invite others to collaborate within them. As new features are developed within your existing subscription, you will gain access to those features for your business use. If we introduce additional subscription services, we will inform you, and you may choose to expand your subscription to include these services.
Should you decide to discontinue any services with us, we will notify you and provide a timeframe in which you can retrieve any data stored in the system before your access is removed. Your use of the services is not dependent on the future release of any new functionality or features, nor on any verbal or written statements we may make about future developments.
Our Responsibilities
We will provide our Services to you under the following conditions:
(i) We will offer basic support for the Services at no cost.
(ii) Additional paid services are available, with details and pricing provided on our website, which may be updated from time to time.
(iii) We will strive to ensure that the Services are accessible 24 hours a day, 7 days a week, except in the case of:
(a) planned maintenance, for which we will give at least 5 days’ notice, or
(b) events beyond our control, such as natural disasters, government actions, severe weather, civil unrest, strikes, disruptions in Internet service provider networks, or denial of service attacks.
(iv) We will always deliver the Services in line with relevant Australian laws and regulations.
Our protection of your data
At AtSite, we are committed to safeguarding the security, confidentiality, and integrity of your data. We have implemented robust administrative, physical, and technical measures to ensure its protection. We will not:
Please note that any data you input into our services, as well as any customisations you make, will be permanently lost if you discontinue our services without first retaining your data. If you choose to downgrade to a service with reduced capabilities, it is your responsibility to export your data before the downgrade takes effect. Failure to do so may result in permanent data loss.
While we take great care in managing your data, in line with Section 8 (Warranties and Disclaimers), AtSite will not be held liable for user error or any legal consequences arising from data loss or mismanagement caused by such errors.
Your Responsibilities
You are responsible for ensuring that all Users comply with these Terms and Conditions. If you create a workspace, whether for business or personal use, for others to collaborate in, each participant must set up their own account and adhere to these terms. Additionally, you are accountable for the accuracy, quality, and legality of any data you provide, as well as how that data is acquired.
You should make every effort to prevent any unauthorised access to or use of our services, and inform us immediately if such an event occurs. You are expected to use the services in line with the information provided on our website, any relevant user guides, and all applicable laws and regulations.
You must not:
If you create a business workspace where users can input data such as time, photos, or other information, you must inform them that this data will be collected and used for purposes such as analysis, trend identification, business operations, and may include GPS data collection.
Usage Limitations
Services may be subject to other limitations, such as, for example, limits on disk storage space.
Acquisition of Non-AtSite Products and Services
From time to time, third-party products or services may be made available to you through us or other providers. Any engagement or acquisition of such products or services, including any exchange of data between you and the relevant third-party provider, is strictly between you and that provider. We do not offer any warranties or support for products or services that are not provided directly by AtSite.
Non-AtSite Applications and Your Data
Should you choose to install or enable non-AtSite applications to use alongside our services, you acknowledge that providers of those applications may need access to your data to enable proper functionality. AtSite is not responsible for any data disclosure, modification, or deletion that may occur as a result of such access.
Integration with Non-AtSite Services
Our services may include features designed to integrate with third-party applications, such as Google, Facebook, or Twitter. To use these features, you may need to secure access to these applications directly from their providers.
Fees for purchased services are posted on the site. When you subscribe to any of these services, you will be asked for a payment method.
Ownership of Services
Unless expressly stated otherwise, AtSite retains all rights, ownership, and interest in the Services, including any intellectual property rights associated with them. You are granted only those rights explicitly outlined in this Agreement.
Usage Restrictions
You agree to the following limitations in relation to our Services:
Applications and Code
If you, or a third party on your behalf, create any applications or code using our Services, you grant us permission to host, copy, transmit, display, and adapt these applications and code as necessary to deliver our Services. Other than this, AtSite does not claim any ownership rights to these applications or code, and all intellectual property rights remain with you or your licensors.
Your Data
We do not claim any ownership of your data. All rights, ownership, and interest in your data remain with you or your licensors, subject to the limited rights granted to us to provide the Services.
Feedback and Suggestions
If you provide us with any suggestions, enhancement requests, recommendations, or other feedback related to the Services, you grant us a royalty-free, perpetual, irrevocable, and worldwide license to use and incorporate that feedback into our Services.
Government Use Provisions
For any government-related use of our Services, AtSite will provide the Services under the same commercial terms that are available to the public. Any additional rights or modifications to these terms must be negotiated and documented in a separate written agreement between AtSite and the relevant government body.
Definition of Confidential Information
In this section, “Confidential Information” refers to all information that is disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), either verbally or in writing, and is identified as confidential or should reasonably be understood to be confidential, considering the nature of the information and the context of its disclosure. Your Confidential Information includes Your Data (excluding data entered into other individuals’ business or personal workspaces, as outlined in Section 3.3). Our Confidential Information encompasses the Services, while Confidential Information for both parties includes the terms and conditions of this Agreement and all associated Order Forms, along with business and marketing plans, technical information, product strategies and designs, and operational processes shared by the Disclosing Party. However, Confidential Information (excluding Your Data) does not cover information that: (i) is or becomes publicly known without breaching any obligations to the Disclosing Party; (ii) was already known to the Receiving Party before disclosure without breaching any confidentiality obligations; (iii) is lawfully provided by a third party without breaching confidentiality obligations to the Disclosing Party; or (iv) is independently developed by the Receiving Party.
Protection of Confidential Information
The Receiving Party will take the same level of care it applies to protect its own confidential information of a similar nature (and at a minimum, reasonable care) to: (i) not use the Disclosing Party’s Confidential Information for any purpose outside the scope of this Agreement; and (ii) limit access to the Disclosing Party’s Confidential Information to employees, contractors, and agents of the Receiving Party and its Affiliates who require access to fulfill obligations under this Agreement and who are bound by confidentiality agreements that offer protections equivalent to those in this Agreement. Neither party may disclose the terms of this Agreement or any Order Form to third parties, except to its Affiliates, legal advisors, and accountants, without obtaining prior written consent from the other party.
Compelled Disclosure
If the Receiving Party is required by law to disclose Confidential Information belonging to the Disclosing Party, the Receiving Party will, where legally permitted, provide prior notice to the Disclosing Party and offer reasonable assistance (at the Disclosing Party’s expense) to allow the Disclosing Party to challenge or limit the disclosure. Should the Receiving Party be legally compelled to disclose the Disclosing Party’s Confidential Information in a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party does not oppose the disclosure, the Disclosing Party agrees to cover the reasonable costs incurred by the Receiving Party in securely providing access to the required Confidential Information.
Our Warranties
We warrant that:
Your Warranties
You warrant that you have lawfully entered into this Agreement and have the authority to do so.
Disclaimer
Except as specifically outlined in this Agreement, neither party makes any additional warranties, whether express, implied, statutory, or otherwise. Each party expressly disclaims any implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, to the fullest extent allowed by applicable law.
Indemnity by AtSite
We will defend you against any claim, demand, legal action, or proceeding brought against you by a third party, alleging that your use of our services, as permitted under this agreement, infringes or misappropriates the intellectual property rights of that third party (“Claim Against You”). We will indemnify you for any damages, legal fees, and costs awarded against you as a result of such a claim or for any amounts you pay under a court-approved settlement, provided that you:
In the event of a claim or if we reasonably believe that the services may infringe or misappropriate third-party intellectual property rights, we may, at our discretion and at no cost to you, either:
Indemnity by You
You will defend AtSite against any claim, demand, legal action, or proceeding brought against us by a third party alleging that your data or your use of our services in breach of this agreement infringes or misappropriates the intellectual property rights of that third party or violates any applicable laws (“Claim Against Us”). You will indemnify us for any damages, legal fees, and costs awarded against us, or for any amounts we pay under a court-approved settlement, as a result of such a claim, provided that we:
Sole Remedy
This section (Mutual Indemnification) outlines the only liability of the indemnifying party to the indemnified party for any claims described here, and the indemnified party’s sole remedy against the other party.
To the fullest extent permitted by law, AtSite, its affiliates, licensors, suppliers, or any third parties associated with the services shall not be liable for any special, punitive, indirect, incidental, lost profits, or consequential damages, losses, costs, or liabilities arising from your use or inability to use our services.
In instances where the law limits or prohibits the exclusion of indirect or consequential damages, any claims for direct damages will be limited to the total fees you have paid for the use of our services in the three months preceding the event in question. If no fees have been paid, the maximum liability shall be limited to AUD 100.00.
This limitation applies to all claims and types of damages, including (but not limited to):
These limitations apply even if AtSite, its affiliates, licensors, suppliers, or any third party linked to the services have been negligent or advised of the potential for such damages.
Exclusion for Certain Cases
This section does not apply in cases outlined in Paragraph 6.2 of this agreement, or in cases where you breach the key terms of this agreement, including but not limited to:
“You may not access the services if you are a direct competitor of AtSite, unless prior written consent has been obtained. Additionally, you may not access the services for purposes of benchmarking, performance analysis, or any other competitive evaluation.”
In the event of such a breach, damages will be determined by a competent court or settled through arbitration.
Both parties agree that these exclusions and limitations are necessary for offering our services and represent a fair allocation of risk. These limitations apply to all forms of legal action, whether in contract, tort (including negligence), or otherwise, and remain enforceable even if a limited remedy is found to have failed in its essential purpose.
To the extent that applicable law restricts the limitation of liability, the limitation will be applied to the fullest extent permitted by such laws.
Term of Agreement
This Agreement begins from the moment you accept it and remains in effect until you choose to discontinue your use of our services.
Termination
Either party may terminate this Agreement by providing 30 days’ written notice.
Access to Your Data
If you request within 30 days of the termination of a subscription to purchased services, we will provide a file of your data, including attachments, in their original format for download. After this 30-day period, we are not obliged to retain or provide access to your data and, unless legally required to do otherwise, will delete all of your data from our systems or any other storage within our control.
Surviving Provisions
The following sections will remain in effect even after termination or expiration of this Agreement: Section 6 (Proprietary Rights), 7 (Confidentiality), 8 (Disclaimer), 9 (Mutual Indemnification), 10 (Waiver, Release, and Limitation of Liability), 11.2 (Return of Your Data), 12 (Notices, Governing Law and Jurisdiction), 13 (Dispute Resolution Policy), and 14 (General Provisions).
Agreement to Arbitrate and Waiver of Jury Trial
AtSite and the user agree to resolve any Disputes (as defined below) through arbitration as described here. Both parties waive the right to a jury trial for any Disputes, to the extent permitted by law. “Disputes” refer to any claims, actions, or issues related to the use of AtSite services, data privacy, or security concerns. Disputes do not include matters that cannot be arbitrated under applicable law, including claims related to employment conditions, small claims court matters, or disputes seeking to prevent the unlawful use of intellectual property.
Class Action Waiver
To the maximum extent allowed by applicable law, both you and AtSite agree to bring claims only in an individual capacity. Neither party can pursue claims on behalf of a group or class of individuals. The arbitrator may only hear individual cases and not combine multiple claims or oversee any form of class action. Any challenge regarding the enforceability of this waiver must be determined by a court, while all other issues will be decided by an arbitrator.
Pre-Arbitration Notice and Good Faith Negotiations
Both AtSite and the user must provide written notice of any Dispute before initiating arbitration to attempt to resolve the matter informally. Notice must be specific, outlining the issue, contact details, and the relief sought. Both parties agree to personally and in good faith try to settle the matter within 30 days after receiving the notice. Arbitration may only proceed after this good faith negotiation period.
Arbitration Procedures
Arbitration will be conducted between the parties without using external arbitration service providers unless mutually agreed upon. The parties will choose an arbitrator, who will be a licensed attorney or retired judge. The arbitration will be confidential and conducted at a location mutually agreed upon, with reasonable information exchange allowed. The arbitrator may award damages on an individual basis, and their decisions will be enforceable in court.
Arbitration Fees
The party initiating the arbitration will cover any filing fees up to the equivalent cost of pursuing the claim in a court. For claims under $25,000, AtSite will cover additional arbitration costs. For claims above this amount or those seeking injunctive relief, both parties will share costs equally. If a claim is deemed frivolous, the party bringing the claim must reimburse the other for arbitration fees.
Governing Law
The interpretation and enforceability of this arbitration agreement will be governed by the Australian Arbitration Act to the extent permitted by applicable law.
Forum Selection for Non-Arbitration Disputes
If arbitration does not apply, both parties agree to submit any Dispute to the appropriate Australian courts. You agree to the jurisdiction and venue of these courts and waive any objections based on location or convenience. Failure to enforce any rights under this agreement will not constitute a waiver of those rights.
No party’s delay or failure to exercise any right under this Agreement shall be considered a waiver of that right, or any other rights under this Agreement. If any provision of this Agreement is found to be invalid, unlawful, or unenforceable for any reason, the remaining provisions will continue to apply to the fullest extent possible.
This Agreement represents the entire understanding between the parties in relation to the subject matter covered. Any previous agreements or understandings, whether verbal or written, regarding the subject matter are replaced by this Agreement. Any changes or modifications to this Agreement must be made in writing and signed by authorised representatives of both parties to be effective.
AtSite is a mobile enterprise solution focused on optimising workplace safety and compliance while ensuring seamless operations and data privacy.