Website Terms and Conditions of Use

1. About the Website

(a) Welcome to employerscomp.com.au and the Employers Comp Customer Portal (the ‘Website’).

(b) The Website allows you to access and use the Employers Comp Customer Portal (the ‘Services’). The Website is operated by Employers Comp PTY LTD (ACN/ABN 19 626 480 171). Access to and use of the Website, or any of its associated Products or Services, is provided by Employers Comp PTY LTD.

(c) Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

(d) Employers Comp PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Employers Comp PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

(a) The Employers Comp Customer Portal is a document vault and consultancy Software as a Service (SaaS).

(b) Workers Compensation, HR Essentials, WHS, and Return to Work accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features, may change from time to time and may be governed by separate terms which apply specifically to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by account-specific terms.

(c) Some accounts may be governed by a separate Software Licensing Agreement with Employers Comp PTY LTD, which may amend the terms of use. For the avoidance of doubt, these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

4. Acceptable Use of the Service

(a) The Employers Comp Customer Portal, its related features, and the Website must only be used lawfully. Employers Comp PTY LTD reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

(i) To engage in any act that would disrupt the access, availability, and security of the Employers Comp Customer Portal and other Employers Comp PTY LTD services, including but not limited to:

• (A) Tampering with, reverse-engineering, or hacking our servers.

• (B) Modifying, disabling, or compromising the performance of the Employers Comp Customer Portal or other Employers Comp PTY LTD services.

• (C) Overwhelming, or attempting to overwhelm, our infrastructure by imposing an unreasonably large load on our systems that consumes extraordinary resources.

• (D) Compromising the integrity of our system, including probing, scanning, and testing the vulnerability of our system unless expressly permitted by Employers Comp PTY LTD.

(ii) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

(iii) To stalk, harass, or threaten users and any member of the public.

(iv) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Employers Comp PTY LTD or any third party.

(v) To access or search any part of the Service, or any other Service owned by Employers Comp PTY LTD other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

(vi) To post, upload, share, or otherwise circulate content in violation of the Employers Comp Customer Portal’s content policy.

5. Security and Data Privacy

Employers Comp PTY LTD takes your privacy seriously. Information provided through your use of the Website and/or Services is subject to Employers Comp PTY LTD’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Employers Comp PTY LTD’s processes, policies, and obligations in respect of Employers Comp Customer Portal security breaches.

6. Data Use

Employers Comp PTY LTD collects, stores, and processes your data on the Employers Comp Customer Portal. The data is used to provide Services to you, as well as to facilitate Employers Comp PTY LTD’s business operations. The Privacy Policy outlines how your data is collected, stored, and processed by Employers Comp PTY LTD. The Privacy Policy also addresses Employers Comp PTY LTD’s processes, policies, and obligations in respect of data encryption and removal requests.

7. Subscription to Use the Service

(a) In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a member (‘Member’).

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Before, during, or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to business information, policy information, award, and employee information.

(e) You warrant that any information you give to Employers Comp PTY LTD in the course of completing the registration process will always be accurate, correct, and up to date.

(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (‘User’). As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Employers Comp PTY LTD; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

8. Payments Related to Employers Comp Technology Services

(Subject to Software Licence Agreement)

(a) Subject to the terms of any applicable Software Licence Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

(b) Payments made in the course of your use of the Employers Comp Customer Portal may be made using third-party applications and services not owned, operated, or otherwise controlled by Employers Comp PTY LTD. You acknowledge and agree that Employers Comp PTY LTD will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood, and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Employers Comp Customer Portal services.

(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(d) You agree and acknowledge that Employers Comp PTY LTD can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

9. Requesting a Quote on Employers Comp Terms and Conditions

Authority: I (as stated in the Primary Contact Section on the Quote Request Form), by signing this form, agree for Employers Comp PTY LTD and its representative to review my eligibility in my state or territory of operation for Workers Compensation with an approved nominal provider. I (as stated in the Primary Contact Section), or my authorised representative, on behalf of the employer (as stated in the Company Section) request Employers Comp to contact me if further information is required, by telephone or email. I (as stated in the Primary Contact Section), or my authorised representative, on behalf of the employer (as stated in the Company Section) request Employers Comp to provide me with an estimate of costs for ongoing services and support if applicable.

Disclaimer: All care is taken in the preparation of the information and published materials on this site. Employers Comp PTY LTD does not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any particular purpose. To the extent permissible by law, Employers Comp PTY LTD will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

Acceptance: By submitting an online Quote Request Form I agree to Employers Comp PTY LTD Terms and Conditions.

10. Registering With Employers Comp PTY LTD

To access our services, you must first complete a Registration Form. You will receive this form as part of your “Quick Quote” email. Please note that we cannot begin work until your Registration Form has been correctly completed and received by our team.

11. Term, Renewal, and Termination

1. Term and Renewal

(a) Initial Term (General): Unless otherwise specified in Clause 1(b), this Agreement is for a fixed minimum term of 12 months (“Initial Term”) commencing from the date your Registration Form is processed.

(b) Initial Term (State Specific): For New Policy Registrations in Queensland, Victoria, South Australia, Western Australia, Australian Capital Territory, Tasmania, and Northern Territory, new registrations may be subject to an Initial Term of less than 12 months to align with the standard Financial Year. In these cases, the specific Initial Term length will be confirmed upon registration in your confirmation email.

(c) Automatic Renewal: At the end of the Initial Term, this Agreement will automatically renew for a further fixed period of 12 months (“Renewal Term”), aligned with the Financial Year, unless you provide us with written notice of your intention not to renew at least 30 days prior to the end of the current term.

(d) Fee Review: Employers Comp Pty Ltd reserves the right to review and/or increase its service fee for the Renewal Term. You will be notified of any fee changes prior to the commencement of the new term.

2. Client Obligations

(a) Accurate Information: You agree to provide all correct and up-to-date information to Employers Comp Pty Ltd in relation to your business.

(b) False Information: If the client provides false or misleading information, Employers Comp Pty Ltd may terminate this Agreement immediately. In this event, the Client will remain liable for the full Early Termination Payout described in Clause 4 below.

3. Mid Term and Renewal Client Cancellation Process

If you wish to cancel your service, the following process applies:

(a) Mid Term Cancellations – Written Notice: All cancellation requests must be put in writing and emailed to admin@employerscomp.com.au.

(b) Renewal and Mid Term Cancellation Form: You must complete a “Cancellation Request Form” which will be provided to you upon receipt of your written notice or in your Renewal Reminder email.

(c) Administration Fee: A minimum Administration Cancellation Fee must be paid to Employers Comp Pty Ltd to process any Mid Term cancellation request.

4. Early Termination Payout

You acknowledge that our fees are based on an annual commitment. If you cancel this Agreement before the end of the Initial Term or any current Renewal Term, or if you stop using the Services early:

(a) Immediate Payment: You generally do not have the right to cancel for “change of mind.” However, if we accept your cancellation, you must immediately pay an early termination fee equal to 90% of the remaining Fees that would have been payable for the remainder of the current term.

(b) Acknowledgement: You agree that this amount is a genuine pre-estimate of the loss Employers Comp Pty Ltd will suffer (including resource allocation and administrative costs) and allows for a 10% deduction for expenses we may save by not completing the term.

5. Termination by Employers Comp Pty Ltd

We reserve the right to cancel your service immediately if:

(a) Non-Contact: You do not return our contact or correspondence within a continuous 3-month period;

(b) Non-Payment: You fail to maintain your agreed payment schedule; or

(c) Inappropriate Behaviour: You demonstrate inappropriate behaviour towards Employers Comp staff or affiliates.

Note: Termination under this clause does not waive your obligation to pay any outstanding fees or applicable early termination payouts described in Clause 4.

12. Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) Within 31 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 31 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Disputes Centre or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 31 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by Employers Comp PTY LTD are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

14. Governing Law

The Terms are governed by the laws of Australia and New South Wales. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

17. Website Disclaimer

All care is taken in the preparation of the information and published materials on this site. employerscomp.com.au does not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any particular purpose. To the extent permissible by law, employerscomp.com.au will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hypertext links, frames, or other references to other parties and their websites. employerscomp.com.au cannot control the contents of those other sites and makes no warranty about the accuracy, timeliness, or subject matter of the material located on those sites. employerscomp.com.au does not necessarily approve of, endorse, or sponsor any content or material on such sites. employerscomp.com.au makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

employerscomp.com.au is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to this website to such material on other sites. If you have any concerns regarding the content of the Website, please contact employerscomp.com.au.

18. Employers Comp Direct Debit Terms and Conditions

1. Definitions

• “Employers Comp” means Employers Comp PTY LTD (ABN 19 626 480 171), its successors, and assigns.

• “Client” means the individual or organisation that has signed up for the Services Employers Comp provides.

• “Direct Debit” means a payment method where you authorise Employers Comp to debit your nominated account for the Subscription Fee.

• “Subscription Fee” means the management fee payable by the Client to Employers Comp for the Services.

• “Services” means the services provided by Employers Comp to the Client.

2. Debiting Your Account

• By signing up for Direct Debit, you authorise Employers Comp to debit your nominated account for the Subscription Fee.

• The Subscription Fee will be debited from your account on a weekly, monthly, or annual basis.

• The amount of the Subscription Fee will be as set out in your Subscription Agreement and is reviewed annually by Employers Comp.

• Employers Comp reserves the right to alter this amount at any time, and debit any overdue outstanding amounts in full.

3. Your Commitment, Obligations, and Responsibilities to Employers Comp

It is your responsibility to ensure that:

• Your nominated account can accept direct debits.

• Your account details that you have provided to Employers Comp are correct.

• On the debiting date, there are sufficient cleared funds in your account to allow the debit payment to be made.

4. Employers Comp’s Commitment to You

Employers Comp will:

• Provide you with clear and concise terms and conditions.

• Provide you with notice of any changes to the terms and conditions.

• Handle your personal information in accordance with our Privacy Policy.

5. Your Rights

You have the right to:

• Cancel your Direct Debit arrangement at any time by providing Employers Comp with 31 days’ notice.

• Dispute any debit that you believe is incorrect.

6. Unpaid Amounts

Any unpaid amounts will be subject to late payment fees compounded monthly at the applicable rate chosen by Employers Comp. Employers Comp has the right to deduct the remainder of your Management Fee owed to Employers Comp in full.

7. Insufficient Funds

If there are insufficient clear funds in your account on the debiting date, Employers Comp reserves the right to request that the remainder of your current term’s management fee payments become due.

8. Change of Account Details

If your nominated account is transferred or closed, you must advise Employers Comp immediately. You will then be required to make payment in full of your management fee or any overdue amounts.

9. Refund Policy

Employers Comp PTY LTD will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Employers Comp PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

19. Copyright and Intellectual Property

(a) The Website, the Services, and all of the related products of Employers Comp PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Employers Comp PTY LTD or its contributors.

(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by Employers Comp PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a User to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

(c) Employers Comp PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Employers Comp PTY LTD.

(d) Employers Comp PTY LTD retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or

(ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

(iii) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.

(e) You may not, without the prior written permission of Employers Comp PTY LTD and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

20. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and

(ii) Employers Comp PTY LTD will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Employers Comp PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Employers Comp PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;

(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services-related products (including third-party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services, or any of the products of Employers Comp PTY LTD; and

(iv) the Services or operation in respect to links which are provided for your convenience.

21. Limitation of Liability

(a) Employers Comp PTY LTD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Employers Comp PTY LTD, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

22. Indemnity

You agree to indemnify Employers Comp PTY LTD, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.