User Terms & Conditions
Electrical Equipment Safety System (EESS) database – Terms and Conditions of Use
On behalf of electrical safety regulators who have signed the Inter-Governmental Agreement and are participants in the EESS, the Electrical Safety Office Queensland (ESO) and Energy Safe Victoria (ESV) (we, us, our) operate the National Register, also known as the National Electrical Equipment Certification and Registration Database or the EESS IT Platform database (Database), to give effect to the EESS. The EESS aims to increase consumer safety when consumers are purchasing and using new household electrical equipment. The Database publishes information about household electrical equipment.
These terms and conditions (T&Cs) and the Privacy Statement – EESS explain how we and other authorities that have access to the Database will collect, use and disclose information that affects your privacy. These T&Cs should be read together with the EESS Privacy Statement.
Please read the following T&Cs carefully before using the Database.
1. Acceptance of Terms
1.1 These T&Cs govern your access to and use of the Database.
1.2 By accessing, viewing or inputting information into the Database, you agree to be bound by and comply with these T&Cs and any additional terms and conditions published by ESV or notified to you from time to time.
1.3 These T&Cs form a legally binding agreement between you, ESO and ESV. If you do not agree to these T&Cs, you must not access or use the Database.
1.4 ESO and ESV may monitor your use of the Database to ensure you are complying with these T&Cs. If we consider that you may have failed to comply with these T&Cs we may, at out discretion, immediately suspend or terminate your ability to use the Database or otherwise limit your access to it.
2.1 You must ensure that any information that you input into or amend on the Database is up to date, accurate and properly classified in accordance with the Database’s required inputs.
2.2 By uploading information to the Database you represent and warrant to ESO and ESV that:
2.2.1 you have all of the necessary rights, including copyright, in the information you input into or amend on the Database;
2.2.2 the information does not breach any law; and
2.2.3 you will comply with the Scheme Rules (to the extent they are applicable to you) and all applicable laws when accessing or using the Database.
2.3 When using the Database you must not:
2.3.1 change any detail regarding your access to, or change any information within, the Database unless authorised to do so;
2.3.2 knowingly add any information to the Database that is (or amend any information on the Database so that it is) inaccurate, false, misleading, fraudulent, defamatory, obscene, indecent, offensive, or discriminatory;
2.3.3 introduce errors, software viruses or malicious code into, or do anything else with the ability to interrupt, harm, damage, destroy or compromise the Database or ESV’s or a third party’s systems;
2.3.4 ask anyone to pay for access to the Database or on-sell any information obtained from the Database;
2.3.5 interfere with the Database or the servers or networks underlying or connected to it;
2.3.6 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; or
2.3.7 use the Database in any way that breaches these T&Cs.
2.4 You must keep strictly private and confidential all information and data contained in, uploaded to, or entered into the Database that is not classified as publicly available.
2.5 You acknowledge and agree that:
2.5.1 ESV and the ESO and any other electrical safety regulator in Australia or New Zealand that is participating in the EESS may use your information that you input into the Database (including your personal information) (Your Data) for the purposes of administering the EESS;
2.5.2 any electrical safety regulator or the Australian Communications and Media Authority may use and disclose Your Data for the purposes of performing its functions under the legislation it administers, including investigating or enforcing electrical equipment safety, telecommunications, radiocommunications, electromagnetic compatibility or electromagnetic energy requirements. For clarity, this may include sharing Your Data with other regulators, using Your Data for the purposes of market surveillance and responding to complaints about unsafe or non-compliant electrical equipment; and
2.5.3 ESV and the ESO and an electrical safety regulator may use Your Data for industry or stakeholder research or surveys and may disclose Your Data to businesses engaged by them to conduct research or surveys. Any such business will be required to comply with the privacy requirements applicable to the regulator engaging them in relation to Your Data.
3.1 You must at all times keep your login details and password up to date and secure. You must immediately notify the ESO and ESV if your login details or password become known by another person.
3.2 You must not provide any other person with, or allow another person to access or use the Database using, your login details or password. You are responsible for any actions performed under your login details and password.
3.3 You must not use another person’s login details or password to access or use the Database or impersonate another person when accessing or using the Database.
4. Exclusion of liability and indemnity
4.1 You acknowledge that the Database is provided on an “as is” basis and that your use of the Database is solely at your own risk and cost.
4.2 You acknowledge and agree that ESO and ESV and their directors, officers, employees and contractors are not responsible for and have no liability for any loss, expense, cost or damage (including indirect, special and consequential loss or damage) which may be suffered or incurred by you as a result of your use of the Database.
4.3 You agree to indemnify, defend and hold us harmless from and against all losses, expenses, damages and costs (including solicitor’s fees on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your use of the Database or breach of these T&Cs.
5. Governing law and waiver
5.1 These T&Cs are governed by the laws of the State of Victoria, Australia.
5.2 A single or partial exercise or waiver by ESO or ESV of a right relating to these T&Cs does not prevent any other exercise of that right or the exercise of any other right.