Terms and Conditions
1. Definitions and Interpretation
“EsySDS”, "esysds.co.nz", “we” or “us” refer to EsySDS Limited
“Fees” means any applicable charges in relation to your account with us
“Login” means the email address and password which you provide when setting up an account with us
“person” includes both natural and legal persons, unless the context indicates otherwise
“SDS” and “SDSs” means Safety Datasheet/s
“User/s”, “the User”, “you” or “your”, and “it” or “its” (unless the context indicates otherwise) refer to users with accounts for the website service
“Website” means our website located at: www.esysds.co.nz
“Working Day” means any day other than:
(a) a Saturday or Sunday; or
(b) a public holiday or holiday period observed in Auckland and/or Wellington, New Zealand
EsySDS is a website for storing and sharing user-submitted SDSs.
If and when its account is created, the User must keep its Login secure and:
(a) not permit any other person to use the Login, including not disclosing or providing them to any other person; and
(b) immediately notify EsySDS if it becomes aware of any unauthorised use or disclosure of its Login, so that the Login can be changed.
4. User Responsibilities
The User warrants that it has the power to enter into this Agreement, that it has obtained all requisite permissions to do so, and that this Agreement is binding and creates valid legal obligations on it.
The User must provide true, current and complete information in dealings with EsySDS (including when setting up an account), and must promptly update that information so that the information remains true, current and complete.
The User is responsible for ensuring that it is familiar with the current version of these terms and conditions, which may be updated from time to time in accordance with clause 14.
The User is responsible for ensuring that its access to and use of the website is not illegal or prohibited, and for its own compliance with any applicable local or foreign laws. EsySDS makes no warranties as to access to or use of SDSs being enough to bring a business into compliance with any applicable laws.
Although SDSs are made available for public use by most manufacturers/suppliers, it is the User’s responsibility to ensure that it is not breaching copyright by storing and sharing SDSs on this website.
If other persons associated with the User have access to and use of the User’s account, the User warrants that:
(a) all such persons are aware of all of the User’s obligations and responsibilities under the Agreement;
(b) all such persons agree that they are bound to comply with all relevant obligations and responsibilities under the Agreement, as if the Agreement were expressed to apply to them; and
(c) the User is, despite sub-paragraph (b) above, responsible and liable for any breach or failure to adhere to any of the User’s obligations and responsibilities under the Agreement, including those in this clause.
Any wrongful, illegal and/or malicious use of the Website will result in instant suspension or, at our sole discretion, termination of the User’s account without refund.
The User may establish a link to the Website and/or any associated program or service. However, the User must take down such links on request, within 1 Working Day of notification from EsySDS to do so.
EsySDS offers a file storage and sharing service, and does not itself create any SDS content. While we endeavour to supply accurate information on the Website, errors and omissions may occur.
EsySDS does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this Website. The User acknowledges that any information gained from or accessed through the Website cannot be construed as specialist advice. You are solely responsible for the actions you take in reliance on the content on, or accessed, through the Website.
Unless otherwise explicitly provided in these terms and conditions, all warranties, conditions or representations implied by law are expressly excluded to the fullest legally permissible extent. Where the User is a business as defined in the Consumer Guarantees Act, the provisions of that Act do not apply to the Website or these terms and conditions.
EsySDS has no liability for claims based on non-EsySDS products or services, information not provided by EsySDS, or any violation of law or third party rights caused by the User’s use of the Website, SDSs, content, materials, or designs.
6. Terminating or cancelling accounts
We reserve the right to terminate or cancel any accounts that we believe, solely in our reasonable judgement and at our discretion, to have been placed fraudulently. We also reserve the right to terminate or cancel any accounts that we believe, solely in our reasonable judgement and at our discretion, to breach the terms and conditions of this Website.
7. Pricing and Fees
All prices listed on EsySDS are in New Zealand dollars and are inclusive of GST. Please note that we reserve the right to alter prices on our Websites at any time and for any reason.
You must pay all Fees within 20 Working Days of the date on which we forward you the invoice. If we do not receive payment from you within that timeframe, access to your account may, at our sole discretion, be suspended and/or the account terminated. You remain responsible for paying all taxes applicable to you, and we will charge or deduct tax when required to do so.
If within 20 Working Days of purchase you are not completely satisfied with our service or would like to cancel our service, we will refund the full purchase amount within 5 Working Days of receiving your request for a refund. Where the User cancels an account, or we suspend and/or terminate an account, we will not issue a refund of Fees previously paid unless legally required to do so.
9. Website and Credit Card Security
All payments via the Website are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy. You can help to protect your Login from unauthorised access by logging out each time you finish using the Website, particularly if you are doing so from a public or shared computer.
10. Accessing our service
Other than connecting to the Website by HTTP requests using a web browser, you may not gain access to EsySDS website servers. You agree not to disrupt, modify or interfere with our websites or services and their associated software, hardware and servers in any way. You also agree not to modify any content or service on EsySDS websites. Furthermore, you agree not to use our websites in any inappropriate or unlawful way.
11. Intellectual Property
EsySDS, its suppliers, advertisers or third party providers, own all present and future copyright and other intellectual property in the Website. Everything on the Website, unless otherwise stated, is copyright. EsySDS welcomes the use of the Website, provided that the User acknowledges all copyright and other notices contained in the content. We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of the Website without the express permission of EsySDS.
The Website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.
14. Changes to this Agreement
EsySDS reserves the right to alter, modify or update these terms and conditions or the Website at any time. .
Notices pursuant to the Agreement must be in writing. Notices to EsySDS can be sent via email or to 4 Dekka Str., Khandallah, Wellington 6035. We will communicate with you via email and/or by posting on the Website.
A notice is deemed to be received, in the case of a written letter, 3 Working Days after the date of posting. In the case of an electronic communication, the rules in Part 2 of the Electronic Transactions Act 2002 are to govern any question of dispatch and receipt.