Terms and Conditions of Use

These terms and conditions apply to public users of the Savvy ESC platform. The use of ‘you’ or ‘your’ refers to any user of the platform. The use of ‘we,’ ‘our’ or ‘Savvy ESC’ refers to Savvy ESC Pty Ltd, (Savvy ESC) ABN 11 504 800 568.

1.     GENERAL TERMS

1.1.        You must register an account to use the Savvy ESC platform. Secure storage and memory of account details is your responsibility. Any actions undertaken on the platform on your account is your responsibility.  

 1.2.        You must be at least 18 years of age and have the legal capacity to enter into legally binding contracts.

 1.3.        Behaviour on the Savvy ESC platform, which is inappropriate, illegal, defamatory, lewd or offensive will be considered a breach of these terms and your access may be withdrawn without notice.

 1.4.       Savvy ESC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Savvy ESC platform. The right granted to you does not include any license or permission to use the platform for the benefit of any third party, or to resell or make any commercial use of Savvy ESC’s platform.

 1.5.        You must not use the Savvy ESC platform in any way that:

         a)      causes, or is likely to cause access to it to be interrupted, damaged or impaired in any way; or

b)      harms any other user; or

c)      is in connection with a criminal or other unlawful activity.

1.6.       You may cancel your account at any time.

2.     THE SAVVY ESC PLATFORM

 2.1.        Savvy ESC assists users in developing an erosion and sediment control plan (ESCP) for the purposes of identifying erosion risks and controlling sediment on construction sites and subdivisions.

 2.2.        The Savvy ESC platform provides tools for users to develop an ESCP based on data inputted by the user. The Company is not responsible for the accuracy of data inputted by the user.

 2.3.        The Savvy ESC is not a part of the ACT Government or a representative of a government body. It is not responsible for any requirements set by government for development approvals or ESCPs.

 2.4.        Any contract or agreement entered by users with a third party relating to the ESCP or any aspect of the development approval process is solely between the user and third party. Savvy ESC is not a party to that contract.

3.     PRICING

 3.1.        The Savvy ESC platform may be accessed upon the payment of fees for services to be provided.

3.2.       Fees are disclosed to you in advance of a purchase. Fees may be presented in the form of ESC Plan credits, a subscription, a one-off fee or instalments from time to time.

 3.3.        Prices for services listed on the Savvy ESC platform are inclusive of GST.

4.     THIRD PARTY WEBSITES

 4.1.        The Savvy ESC platform may connect to or be integrated with third-party websites to assist in provision of services to you via the Savvy ESC platform.

 4.2.        Savvy ESC accepts no responsibility for the availability, currency or accessibility of third-party websites.

 4.3.        You are responsible for familiarising yourself with any terms and conditions on any third-party website.

 4.4.       If you choose to use Savvy ESC to procure products or services from third-parties, Savvy ESC will assume that you agree to the terms of the respective third-party website.

5.     PAYMENTS RECEIVED FROM THIRD PARTIES

Savvy ESC may receive payments from third parties who sell their products or services via the Savvy ESC platform. This may include a commission or referral fee from any sales of products or services made by the third party to you. Where required by law, if an amount is to be paid by a third party to Savvy ESC, the amount is to be disclosed to you prior to the point of sale.

6.     SERVICES

 6.1.        Users can order various products and services through the Savvy ESC platform.

 6.2.        The services are only intended for use by registered users. Any product offered through the Savvy ESC platform, including any document, report or plan, is strictly for the use of the registered user. It may not be relied upon by any other party.

 6.3.        Savvy ESC reserves the right to require you to provide verification of your identity to purchase services on the Savvy ESC platform. The cost of providing verification of your identity is borne by you.

 6.4.        Products and services provided by third parties are subject to the terms and conditions set by those third parties. By ordering products or services from third-party providers through the Savvy ESC’s platform, you agree to the terms and conditions provided by those third parties.

 6.5.        Savvy ESC assumes no responsibility for the delivery of products or services by third parties. Savvy ESC makes no representations as to the veracity of any claims or warranties present on any third-party website or the quality or merchantability of any product or service offered by a third party.

7.     CANCELLATION

 7.1.       You may cancel your registered account at any time. Upon cancellation you will no longer be able to access the services.

7.2.       Upon cancellation, the Savvy ESC will not retain a copy of your past orders. It is up to you to ensure you download or make copies of any product previously purchased prior to the cancellation of your account.  

8.     DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

 8.1.        Savvy ESC makes no guarantees, representations or warranties about whether or not the services on the Savvy ESC platform will assist you to achieve your objectives in respect of managing erosion and sediment on sites, obtaining development approval, or any other form of governmental approval.

 8.2.       Savvy ESC accepts no liability or responsibility for losses suffered or incurred as a result of or in connection with the use of the services or an ESCP.

 8.3.       Savvy ESC’s total liability arising out of or in connection with your use of the Savvy ESC platform, any products or services provided by a third party via the Savvy ESC platform, or these terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed fees paid by you for use of the services.

 8.4.       You expressly understand and agree that Savvy ESC, 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.

 8.5.       You agree to indemnify Savvy ESC, its affiliates, employees, agents, contributors and third-party providers 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 any content, including data, you input on the Savvy ESC platform; and 

             b)      any direct or indirect consequences of you accessing Savvy ESC platform or your attempts to do so.

8.6.       You accept that is it your responsibility to ensure that your ESCP is compliant with relevant  legislation and regulatory requirements, including the Environment Protection Act 1997,  the Environment Protection Regulation 2005, Managing Urban Stormwater: Soils and Construction Vol. 1, 4th edition (Landcom, 2004) and the NSW DPE Guidelines for erosion and sediment control on building sites from time to time.

9.     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.

10.  JURISDICTION

10.1.      Savvy ESC operates within Australia. You submit to the exclusive jurisdiction of the courts of Australia.

10.2.      All disputes and claims of any nature arising out of or relating to these terms shall be exclusively governed and interpreted by the laws of Australia.

11.     REFUND POLICY

11.1.      Refunds are only applicable in the event that the Council rejects the Erosion and Sediment Control (ESC) Plan generated through our platform. Credits purchased but not utilised or for ESC Plans not rejected by the Council are non-refundable. Unused credits will remain in the customer's account and can be used for future ESC Plan submissions.

11.2.      Refunds will not be issued for unused credits or if the ESC Plan has not been rejected by the Council.

11.3.      To request a refund, customers must provide documentation proving the rejection of the ESC Plan by the Council.

11.4.      Refund requests must be submitted within 60 days of receiving the rejection notice from the Council.

11.5.      Upon verification of the rejection and eligibility for a refund, credits equivalent to the amount paid will be refunded to the customer's account.

11.6.      In exceptional cases, Savvy ESC reserves the right to consider refund requests outside the scope of this policy at its discretion.

11.7.      For refund requests or any inquiries regarding our refund policy, please contact our customer support team at ‘info@savvyesc.com.au’.

11.8.      Savvy ESC reserves the right to update or modify this refund policy at any time without prior notice.

11.9.      By using our services and purchasing credits from Savvy ESC, you agree to abide by the terms and conditions outlined in this refund policy.