Terms & Conditions

These Terms govern your access to and use of ESMTrack (the “Platform”), operated by Silmod Building Consulting (ABN 17 660 981 313) (“we”, “us”, “our”). By creating an account or using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

ESMTrack is a record-keeping and management toolthat helps building owners and contractors organise, track and receive reminders about Essential Safety Measures (“ESM”) obligations.

ESMTrack is not:

• a provider of building surveying, engineering, legal, fire-safety or other professional advice;
• a substitute for the inspection, testing, maintenance or certification of ESMs by appropriately qualified and registered practitioners;
• a guarantee that any building or ESM is compliant with the Building Act 1993 (Vic), the Building Regulations 2018 (Vic), any Maintenance Determination, occupancy permit, AS 1851 or any other applicable standard or law.

Information presented by the Platform (including ESM catalogues, schedules, due dates and reminders) is provided for convenience only and does not constitute professional advice.

You acknowledge and agree that:

• you remain solely and fully responsible for compliance with all legal obligations relating to your buildings and their ESMs, including inspection, testing, servicing, maintenance, record-keeping and reporting (such as the Annual Essential Safety Measures Report);
• the “responsible person” for a building retains that responsibility at all times, and use of the Platform does not transfer, reduce or discharge it;
• you are responsible for the accuracy, completeness and currency of all data you enter or upload;
• you must independently verify all dates, schedules, cadences and compliance requirements against the actual Maintenance Determination, occupancy permit and applicable standards for your building, and must not rely on the Platform as the sole basis for any compliance decision.

The Platform may send reminders and notifications (email and, where enabled, SMS) as a convenience only. We do not warrant that any reminder will be sent, delivered, received or timely. Failure or delay of any reminder does not shift any compliance responsibility to us, and you must maintain your own independent systems for meeting your obligations.

Where the Platform displays contractor information, ESM coverage, or a “Verified” badge, this reflects information supplied by the contractor and/or a limited administrative check only. It is not an endorsement, accreditation, or guaranteeof any contractor’s competence, registration, insurance, or the quality or compliance of their work. You are responsible for satisfying yourself as to any contractor’s suitability and credentials. Contractors are responsible for the accuracy of their own listings and the ESM types they claim to cover.

The Platform is provided “as is” and “as available”. To the maximum extent permitted by law, we make no warranties that the Platform will be uninterrupted, error-free, secure, or that any data, calculation, reminder or content is accurate, complete or fit for any purpose.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) that cannot lawfully be excluded (“Non-excludable Rights”). Where our liability for breach of a Non-excludable Right can be limited, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.

Subject to clause 7, to the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, goodwill, or any fine, penalty or enforcement action arising from or relating to non-compliance with ESM or building obligations; and
• our total aggregate liability arising out of or in connection with the Platform or these Terms is limited to the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the liability (or, if you pay no fees, AUD $100).

You indemnify us against all claims, losses, liabilities and costs arising from (a) your breach of these Terms, (b) your use of the Platform, (c) the inaccuracy of data you provide, or (d) your failure to meet any ESM or building compliance obligation.

You are responsible for keeping your login credentials secure and for activity under your account. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

We may suspend or terminate access for breach of these Terms, and may modify, suspend or discontinue any part of the Platform at any time. We may amend these Terms by publishing an updated version; continued use after the effective date, or your acceptance at next login, constitutes agreement to the amended Terms.

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of its courts.

Silmod Building Consulting — silmodbuildingconsulting@gmail.com.