Terms & Conditions

Introduction

These Terms and Conditions govern your use of this Website and, where applicable, the purchase of Services from ERS Group (Aus) Pty Ltd. Please read them carefully before using the Website or placing an order.

Your agreement to Clauses 1, 2, 4–11, and 15–25 is deemed to occur on your first use of the Website. Clauses 3 and 12–14 apply only where you purchase Services. If you do not agree to these Terms and Conditions, please stop using the Website immediately.

No offer: No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance occurs when we send you an order confirmation email.

Nothing in these Terms and Conditions is intended to limit or exclude rights you have under the Australian Consumer Law (ACL), which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other applicable laws that cannot lawfully be excluded.

1. Definitions

In these Terms and Conditions, the following terms have the following meanings:

2. Age Restrictions

Users under the age of 18 should use this Website only with the supervision of a parent or guardian. Payment Information must be provided by or with the express permission of a person aged 18 or over.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business. Where a customer is a small business within the meaning of the ACL, the unfair contract terms protections under the ACL apply to these Terms and Conditions.

4. Intellectual Property

4.1 Subject to Clause 5, all Content included on the Website — unless uploaded by Users — including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of ERS Group (Aus), our affiliates, or other relevant third parties. By using the Website you acknowledge that such material is protected by applicable Australian and international intellectual property laws.

4.2 Subject to Clause 6, you must not reproduce, copy, distribute, store, or otherwise re-use material from the Website without our express written permission, except where permitted by applicable Australian legislation.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all intellectual property rights — including copyright and trademarks — in product images and descriptions belong to the relevant manufacturers or distributors.

5.2 Subject to Clause 6, you must not reproduce, copy, distribute, store, or otherwise re-use such material without the express written permission of the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where permitted under applicable Australian legislation, including the Copyright Act 1968 (Cth).

7. Links to Other Websites

This Website may contain links to third-party websites. Those sites are not under our control and we are not responsible for their content. The inclusion of any link does not imply our endorsement of the linked site or its operators. We disclaim all liability for any loss or damage arising from your use of any linked site.

8. Links to This Website

You may link to the home page of this Website (www.ers.net.au) without our prior permission. Deep linking to specific pages within the Website requires our express written permission. To enquire, please contact us at accounts[at]ers.net.au or call us at [phone number].

9. Use of Communications Facilities

9.1 When using any System on the Website, you must comply with the following rules. Failure to comply may result in your Account being suspended or closed:

• 1.1 You must not use obscene or vulgar language;
• 1.2 You must not submit Content that is unlawful or otherwise objectionable, including Content that is abusive, threatening, harassing, defamatory, or discriminatory on any basis;
• 1.3 You must not submit Content intended to promote or incite violence;
• 1.4 We recommend submissions be made in English, as we may be unable to respond to enquiries in other languages;
• 1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• 1.6 You must not impersonate other persons, including employees or representatives of ERS Group (Aus) or our affiliates; and
• 1.7 You must not use our System for unauthorised mass communications such as spam or junk mail.

9.2 You acknowledge that we reserve the right to monitor communications made to us or using our System, to the extent permitted by law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

9.3 You acknowledge that we may retain copies of communications made to us or using our System for a period of up to 12 months, in accordance with our Privacy Policy.

9.4 Any restrictions you wish to place on our use of information you send through our System must be communicated to us in advance. We reserve the right to reject such terms and any associated information. We will always handle your personal information in accordance with our Privacy Policy and applicable privacy laws.

10. Accounts

10.1 To purchase Services or access certain parts of the Website, you may be required to create an Account. By creating an Account, you represent and warrant that:

• 1.1 All information you submit is accurate and truthful;
• 1.2 You have permission to submit any Payment Information provided; and
• 1.3 You will keep your Account information accurate and up to date.

10.2 We recommend you do not share your Account credentials. We are not liable for losses resulting from you sharing your credentials. If using a shared computer, we recommend you do not save your credentials in your browser.

10.3 If you believe your Account has been accessed without your authorisation, contact us immediately so we can suspend your Account and cancel any unauthorised orders or payments. Orders or payments can only be cancelled before provision of Services has commenced. If unauthorised provision commences before you notify us, you may be charged only for the period between commencement of provision and the date you notified us.

10.4 When choosing a username, you must comply with the rules in Clause 9. Failure to do so may result in suspension or deletion of your Account.

11. Termination and Cancellation of Accounts

11.1 Either party may terminate your Account at any time. If we terminate your Account, we will notify you by email and provide reasons, except where we are not required to do so by law. We reserve the right to terminate Accounts that are in breach of these Terms and Conditions without prior notice.

11.2 If we terminate your Account, any current or pending orders or payments will be cancelled and provision of Services will not commence. We will refund any amounts already paid for undelivered Services within 14 calendar days.

12. Services, Pricing and Availability

12.1 We use reasonable efforts to ensure that descriptions of our Services are accurate. We are not liable for minor variations where those variations do not constitute a different service altogether. This does not limit our liability for negligence. Nothing in this clause affects your rights under the ACL.

12.2 Where appropriate, you may be required to select a service plan.

12.3 We do not guarantee availability of Services until we have confirmed your order.

12.4 All pricing information on the Website is correct at the time of publication. We reserve the right to change prices, subject to the protections in Clause 12.5 below.

12.5 Where prices change between an order being placed and being processed, the price valid at the time of your order will apply.

12.6 All prices displayed on the Website are exclusive of GST unless otherwise stated. GST (currently 10%) will be added at checkout and itemised in your order confirmation.

13. Orders and Provision of Services

13.1 Your order is a contractual offer that we may, in our sole discretion, accept. A binding contract is formed only when we send you an order confirmation email.

13.2 Order confirmation emails will include:

• 2.1 Confirmation of the Services ordered and their main characteristics;
• 2.2 Fully itemised pricing including GST and any other applicable charges;
• 2.3 Relevant timeframes for provision of the Services; and
• 2.4 User credentials and access information, where applicable.

13.3 If we do not accept your order, no payment will be taken. Any sums already paid will be refunded within 14 calendar days.

13.4 Payment will be taken via your chosen payment method: immediately for any applicable setup fee, and on the same day of each subsequent month for charges accrued during the previous billing cycle, or as otherwise indicated in your order confirmation.

13.5 We aim to fulfil your order within 2–3 business days or, if that is not possible, within a reasonable period. If fulfilment within a reasonable time is not possible, we will notify you. Under the ACL, services must be provided within a reasonable time unless a specific time has been agreed.

13.6 We will provide Services with reasonable care and skill, in accordance with the ACL consumer guarantee obligations and best trade practice.

13.7 If Services are provided incorrectly or not in conformity with the terms of your order, please contact us immediately. We will arrange the necessary corrections within five (5) business days. Your rights under the ACL in relation to faulty or non-conforming services apply in addition to this clause.

13.8 Technical support is available via email and phone during Australian business hours (9am to 5pm AEST, Monday to Friday, excluding public holidays). We aim to respond to support requests within 30 minutes during business hours, but this is not a guaranteed response time.

Additional terms may apply to specific Services. You will be asked to confirm acceptance of any such additional terms when completing your order.

14. Cancellation, Refunds and Consumer Guarantees

Your ACL Rights

The ACL gives you consumer guarantees that cannot be excluded. Our Services come with guarantees that cannot be excluded under the ACL, including that Services will be provided with due care and skill, be fit for any specified purpose, and be provided within a reasonable time.

If our Services do not meet a consumer guarantee, you are entitled to a remedy. For a major failure, you may cancel the contract and receive a full refund, or keep the services at a reduced price. For a minor failure, we will re-perform the service or provide a refund for the cost of having the service re-performed.

Nothing in these Terms and Conditions limits your rights under the ACL.

Cancellation and Refunds

14.1 If you wish to cancel an order or your contract with us, please contact us at accounts[at]ers.net.au. If any specific terms accompanying a Service contain their own cancellation provisions, those provisions will apply.

14.2 We offer a 14-calendar-day cooling-off period for consumer customers in Australia. This period begins from the date your order is confirmed. If you change your mind during this period, notify us immediately at accounts[at]ers.net.au.

14.3 If you request that Services commence within the 14-day cooling-off period, you acknowledge and agree that:

• 3.1 If Services are fully performed within the 14-day period, your right to cancel will end once the Services are complete.
• 3.2 If you cancel after Services have commenced but are not yet complete, you will be charged for Services provided up to the point of cancellation, calculated proportionally to the full price. Any balance will be refunded within 5 business days, and no later than 14 calendar days from your cancellation notice.

14.4 Cancellation after the 14-day cooling-off period will be subject to the specific terms for the relevant Services and may be subject to a minimum contract period.

14.5 Refunds will be processed to your original payment method. If that method is unavailable, we will arrange an alternative with you. Refunds will be issued within 14 calendar days unless otherwise stated.

15. Privacy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Our Privacy Policy is available on the Website. We handle all personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and the Privacy and Other Legislation Amendment Act 2024 (Cth).

16. How We Use Your Personal Information

16.1 All personal information we collect is handled in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy — not the Data Protection Act 1998 (UK), which does not apply to our operations.

16.2 We may use your personal information to:

• 2.1 Provide our Services to you;
• 2.2 Process payments for Services; and
• 2.3 Send you information about our products and services where you have consented or we are otherwise permitted to do so. You may opt out at any time.

16.3 We will not share your personal information with credit reference agencies without your express consent. Any such agency is required to handle your information in accordance with the Australian Privacy Principles.

16.4 We will not disclose your personal information to third parties without your consent, except as permitted or required by law, or as described in our Privacy Policy.

17. Disclaimers

17.1 We make no warranty that the Website will meet your requirements or be uninterrupted, error-free, or free from viruses. We make no guarantee of specific results from use of our Services. These disclaimers do not apply to the extent they are inconsistent with your rights under the ACL.

17.2 No part of this Website is intended to constitute advice, and you should not rely on Website Content when making decisions or taking action.

17.3 Whilst we take reasonable steps to ensure Website security, you are also responsible for your own internet security and the security of your personal details and devices.

18. Changes to the Website and Terms and Conditions

We reserve the right to change the Website, its Content, or these Terms and Conditions at any time. Changes will be posted on the Website. Where changes affect your existing contractual rights, we will provide reasonable notice before those changes take effect. Continued use of the Website following notification of changes constitutes acceptance of the revised Terms and Conditions.

If required by law, changes to these Terms and Conditions will apply automatically to pending orders.

19. Availability of the Website

19.1 The Website is provided “as is” and on an “as available” basis. We use industry best practices, including fault-tolerant cloud-hosted architecture, to maximise uptime, but we do not guarantee that the Website will be free of defects or interruptions. Subject to your rights under the ACL, no refunds are provided for service outages.

19.2 We are not liable for disruptions to the Website caused by external events beyond our reasonable control, including ISP failure, communications network failure, power outages, natural disasters, or government restrictions.

20. Limitation of Liability

20.1 To the maximum extent permitted by law — and subject always to your rights under the ACL — we are not liable for any indirect, consequential, special, or exemplary loss or damage arising from use of the Website or its Content.

20.2 Nothing in these Terms and Conditions excludes or limits our liability for:

• Death or personal injury resulting from our negligence or fraud;
• Any liability that cannot lawfully be excluded or limited under the ACL or other applicable legislation, including liability for failure to comply with consumer guarantees; or
• Loss or damage arising from our incorrect provision of Services or inaccurate information on the Website.

20.3 To the extent our liability for a breach of a consumer guarantee under the ACL can be limited (which applies only where the Services are not ordinarily acquired for personal, domestic, or household use), our liability is limited to: re-supplying the Services; or paying the cost of having the Services re-supplied.

20.4 If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, that provision will be severed. The remaining provisions will continue in full force and effect.

21. No Waiver

Failure by either party to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions, these Terms and Conditions will prevail unless expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions confers any rights on any third party. The agreement created by these Terms and Conditions is between you and ERS Group (Aus) Pty Ltd only.

24. Communications

24.1 Notices and communications to us should be sent by post to our mailing address or by email to accounts[at]ers.net.au. Notices will be deemed received three (3) business days after posting (if sent by express post), or on the day of sending if sent by email on a business day before 5pm AEST, or the next business day if sent on a weekend or public holiday.

24.2 We may send you information about our products and services where you have opted in or we are otherwise permitted to do so under the Spam Act 2003 (Cth). You may unsubscribe at any time by clicking the “Unsubscribe” link in any marketing email.

25. Governing Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Victoria and, where applicable, the laws of the Commonwealth of Australia (including the Australian Consumer Law). The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

26. Complaints and Dispute Resolution

26.1 If you have a complaint about our Services or these Terms and Conditions, please contact us in the first instance at accounts[at]ers.net.au. We will acknowledge your complaint within 2 business days and aim to resolve it within 10 business days.

26.2 If we are unable to resolve your complaint, you may contact:

• Australian Competition and Consumer Commission (ACCC
• Consumer Affairs Victoria
• Office of the Australian Information Commissioner (OAIC — for privacy complaints)

These Terms and Conditions are provided for general information purposes and do not constitute legal advice. ERS Group (Aus) recommends seeking independent legal advice if you have specific concerns about your rights or obligations.

ERS Group (Aus) Pty Ltd ABN: 72 620 257 141 Website: www.ers.net.au Last updated: March 2026

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