END USER LICENSE AGREEMENT

This end user license agreement is a legal agreement between you (Licensee), either an individual or a single entity), the end-users, and Owners of ARCHER (Licensor). By using ARCHER (Registering/Downloading/Installing/Signing), you agree to be bound by this agreement's terms. If you do not agree to the terms of this agreement, do not use it, and contact the Designated Business for an alternative method.

Definitions

  • USER AGREEMENT- END USER LICENSE AGREEMENT
  • In this Agreement (including the recitals) unless the context otherwise requires: Agreement means this agreement and its schedule.
  • Product means ARCHER as detailed in Schedule 1; Terms means the terms and conditions of this Agreement.
  • ARCHER- Multiplatform information delivery, data storage, and communication system, it is owned, developed, and operated by Essential Services Guide Pty Ltd. The platform includes Website, Web applications, Computer or Mobile Device applications.
  • Owner/s of ARCHER - ESSENTIAL SERVICRS GUIDE PTY LTD (ACN 629 234 760).
  • ARCHER Licensee – A Designated Business which has signed ARCHER (SaaS Agreement) Software as a Service with owners of ARCHER.
  • Services – services provided by Designated Business to clients.
  • Parties – Designated Services Provider (Business/Individual) and its clients
  • Client – A Business/Person seeking services from Designated Business
  • Designated Business – A Business/ Person under ARCHER SaaS agreement with owners of ARCHER.
  • Electronic Sign – Electronically signing Documents by authorized party through ARCHER portal including Website, Computer or Mobile Device applications.

Acceptance

  • This Agreement is between you and the Licensor, and governs the Products made available to you.
  • Upon:
    • selecting clicking the “Register/Install/Login" option;
      • All parties agree to Terms of usage, and
      • Users must provide Correct Information and documents
      • Do not share login details
      • Agree to use Electronic Sign facility to sign documents through ARCHER Portal. Let the Designated Business know if you do not agree to use Electronic Sign facility.
      • payment of the license fee for the Product at the point of purchasing the licence for the Product; or
      • upon downloading, installing or using the Product (whichever comes first),
  • If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Product.
  • Third party usage:
  • To be used by Designated Organization and their Employees, Partner, and subcontractors for the purpose of providing relevant services.
  • To be used by owners of ARCHER for quality control and Research.
    • you are granted a revocable, non-transferable, non-exclusive and limited licence ("Licence") strictly in accordance with the Terms of this Agreement.

License grant

  • This Agreement entitles you to
    • install and use ARCHER Applications on Computers/Mobile devices according to your ARCHER SaaS Agreement.
    • This Agreement does not permit the installation of the Product
  • on more than permitted computer at any given time.
    • on a system that allows shared use of applications;
    • on a multi-user network; or
    • on any configuration or system of computers that allow multiple users unless you have a license for each separate computer on which the product is installed and run.

Limitations

  • Limitations on transfer
    • You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Products.
  • Limitations on use You may not:
    • share the Licence, or contents of the Product, with others;
    • copy, install or use the Product on any system with more than one computer; or
    • permit the use, copying or installation of the Product by more than one user or on more than one computer.
    • unless you hold multiple, validly, licensed copies.
  • You may not:
    • decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Product;
    • broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the product
    • post the Product or part of the Product on any website; or
    • use the Product for commercial purposes.
  • Limitations on derived works
    • You may not modify the Product, create derivative works based upon the Product, or use the Product to develop any product having the same primary function as the Product.
  • Limitations on alteration You may not:
    • modify the Product or create any derivative work of the Product or its accompanying documentation. Derivative works include but are not limited to translations; or
    • alter any files or libraries in any portion of the Product.
  • Limitations on copying
    • You may not copy any part of the product except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.

Ownership

  • Essential Services Guide Pty Ltd or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Product and all copies thereof.

Warranties and exclusions

  • Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on Essential Services Guide Pty Ltd and its subsidiaries, affiliates, and suppliers ("Implied Terms"). If these Implied Terms apply, Essential Services Guide Pty Ltd's liability will be limited at its option to resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement, to the extent permitted by law.
  • Unless otherwise explicitly agreed to in writing by Essential Services Guide Pty Ltd, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.
  • Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.

Exclusion of damages

  • Subject to any Implied Term, Essential Services Guide Pty Ltd, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.

Licensee indemnity

  • You will indemnify Essential Services Guide Pty Ltd, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.

Variation of Terms

  • Essential Services Guide Pty Ltd reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Product or download the Product whichever is applicable.

User content

    All ARCHER data
  • is stored in secured server in Australia
  • Will not be sold to third parties.
  • Will not be shared with third parties other than activities relevant to services provided to clients.
  • Your signatures are not saved.
  • protect your personal information from misuse, loss, unauthorised access, modification or disclosure and securely destroy personal information if it is no required for any purpose.
    Data collection In addition to informaiton provided by you, Archer will collect additional data including
  • Client’s IP Address
  • May Keep ledger of logins and activities
  • Some Archer platforms may use 'cookies' to make your experience of the site easier and more efficient. A cookie is a small data file placed on your hard drive by the web page server. A cookie cannot retrieve any other data from your hard drive, pass on a computer virus, or capture your email address. Note that the cookie will remain on your computer as a record for future visits to this website.

Disclaimer of liability

  • You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in this Documents meet your requirements.
  • We supply the App and Documents for the Designated Service provider only. You agree not to use the App and Documents for any other business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • The usage is limited subscription type and any unauthorised installations are prohibited.
  • Nothing in this Terms of Usage shall limit or exclude our liability for:
  • death or personal injury resulting from our negligence.
  • fraud or fraudulent misrepresentation; and
  • any other liability that cannot be excluded or limited by Australians law.
  • Owners of ARCHER are not part of any agreement between parties

Termination

    Without prejudice to any other rights, Essential Services Guide Pty Ltd may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such event, you must uninstall/destroy all copies of the Product.
  • Designated Business can suspend access to portal at any time without notice.
  • Notice must issue by designated Business to client post suspension if there is a pending matter in accordance with agreement between parties.
  • Unfair usage
  • Unauthorized usage
  • Owner of ARCHER can suspend all services with a Notice for appropriate period.
  • Any unauthorized use will lead to immediate suspension of all services of a Designated Service provider.

General provisions

  • Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
  • Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
  • The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
  • This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.
  • If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
  • This Agreement shall be governed by and construed in accordance with the laws of Victoria.