Legal
Contents
These Terms of Service govern your use of LiftWatch, operated by OchreOnline Pty Ltd. By accessing or using LiftWatch, you agree to these terms. Please read them carefully.
By accessing or using LiftWatch ("the Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.
These Terms constitute a binding agreement between you (the customer) and OchreOnline Pty Ltd (ABN 66 783 251 59) ("OchreOnline", "we", "us", "our").
If you are accessing the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
LiftWatch is a cloud-based lift phone monitoring platform that receives and processes status events from lift phone units deployed in Australian buildings, raises alerts, logs events, and provides a web-based dashboard and reporting interface.
The Service is operated by OchreOnline and deployed on a managed basis. Each customer deployment is isolated and managed separately by OchreOnline.
The Service is provided "as is" and "as available". We reserve the right to modify, update, or discontinue any aspect of the Service with reasonable notice to customers.
Access to the LiftWatch dashboard is provided by OchreOnline as part of the managed service. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You must notify OchreOnline immediately of any unauthorised access to your account or any other security breach.
OchreOnline reserves the right to suspend or terminate access to the Service where these Terms are breached or where we have reasonable grounds to believe the Service is being misused.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
OchreOnline reserves the right to investigate and take appropriate action against any suspected misuse of the Service.
Subscription fees for the Service are agreed upon between OchreOnline and the customer prior to deployment. Fees are invoiced as agreed — monthly or annually.
Payment is due within the terms stated on each invoice. Failure to pay may result in suspension or termination of the Service.
All prices are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be applied to invoices for Australian customers.
OchreOnline reserves the right to adjust pricing with reasonable notice. Price changes will not affect the current billing period.
Either party may terminate the Service arrangement with 30 days written notice to the other party.
Upon termination, OchreOnline will retain your data for up to 12 months to allow for data export requests, after which it will be permanently deleted.
OchreOnline may terminate the Service immediately without notice if you breach these Terms.
Fees paid in advance for a subscription period are non-refundable except where required by Australian consumer law.
You retain ownership of all data processed through the Service on your behalf. OchreOnline processes your data only to provide the Service and as described in the Privacy Policy.
You are responsible for ensuring that any personal information you provide to OchreOnline for configuration of the Service (such as site contact email addresses) has been collected and may be used in accordance with applicable privacy laws.
OchreOnline implements appropriate technical and organisational measures to protect your data. Details are set out in our Privacy Policy.
You may request an export of your data at any time by contacting OchreOnline.
OchreOnline aims to provide a reliable, high-availability service but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, infrastructure upgrades, or events beyond our control.
Where the Service is unavailable for an extended period due to factors within OchreOnline's control, we will notify customers and take reasonable steps to restore service as quickly as practicable.
LiftWatch is a monitoring and alerting tool. It does not replace the obligation of building owners and managers to maintain their lift phone systems in accordance with applicable standards. OchreOnline is not responsible for failures of the underlying lift phone hardware or network infrastructure.
To the maximum extent permitted by law, OchreOnline's total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to OchreOnline in the 12 months preceding the claim.
OchreOnline is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business, arising out of or related to your use of the Service.
OchreOnline is not liable for losses arising from:
Nothing in these Terms limits liability that cannot be excluded under Australian consumer law, including liability for breach of consumer guarantees under the Competition and Consumer Act 2010 (Cth).
You agree to indemnify and hold harmless OchreOnline and its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service in breach of these Terms, or from your violation of any law or third-party rights.
LiftWatch and all associated software, design, trademarks, and content are the intellectual property of OchreOnline Pty Ltd. All rights are reserved.
These Terms do not grant you any rights in or to the Service beyond the limited right to access and use the Service as described herein.
You must not copy, reproduce, modify, or create derivative works from any part of the Service without prior written consent from OchreOnline.
OchreOnline may update these Terms from time to time. We will notify active customers of material changes by email with at least 14 days notice. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the new Terms.
These Terms are governed by the laws of the Northern Territory of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the Northern Territory for resolution of any dispute arising under these Terms.
Nothing in these Terms affects any rights you may have under Australian consumer law that cannot be excluded or limited.
For questions about these Terms: