Website Terms of Use

Last updated: November 2025

 

1. Who we are and how these terms work

This website (Site), called Procxsys, is exclusively owned and operated by Project Commissioning Systems Pty Ltd ACN 685 640 895 (we, us or our) for the purpose of providing a platform for the commercial construction industry to digitise the testing and commissioning process (Platform). It is available at www.procxsys.com.au and may be available through other addresses or channels.

By accessing and/or using the Site you agree to these website terms of use (Terms) and our Privacy Policy (available on the Site). If you do not agree to these Terms, please do not use the Site.

Enterprise Agreement: These Terms apply only to use of the Site. Separate enterprise agreements govern your use of the Platform or other services (Services). If there is any inconsistency between these Terms and the agreement for the Services (Enterprise Agreement), the Enterprise Agreement will prevail in relation to the Services.

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2. Changes to the Site and these Terms

We reserve the right to amend these Terms from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms. Your continued use of the Site following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms. We suggest you check the Terms regularly to ensure you are aware of the most up to date terms.

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3. Licence to use the Site

We grant you a non‑exclusive, revocable, non-perpetual, worldwide, and non‑transferable licence to access and use the Site for your personal or commercial use and only in accordance with these Terms. All other use is prohibited without our prior written consent.

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4. Access and registration

Access to the Site is permitted on a temporary and limited basis for the purpose of browsing the Site and interacting with us. We reserve the right to withdraw or amend the Site and any good or services listed on the Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.

You must be a registered member to access the Platform.

When you register and activate your account, you will provide us with personal information such as your name, other contact information and any other information required for us to provide the Services. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

(a) at least 18 years of age;

(b) possess the legal right and ability to enter into a legally binding agreement with us; and

(c) agree and warrant to use the Site in accordance with these Terms.

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5. Acceptable use – what you must not do

You must not (and must not enable or permit anyone else to):

1. Use the Site for unlawful, infringing, misleading or harmful purposes, or to harass, threaten, defame or offend any person;

2. Copy, reproduce, adapt, publish, communicate, frame or mirror any part of the Site except as expressly permitted by these Terms or required by law;

3. Interfere with or disrupt the Site or the servers or networks that host it, including by introducing malware or harmful code or transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

4. Access or use the Site by automated means (including robots, spiders, crawlers, scrapers, data‑mining, harvesting or similar tools) or attempt to affect the performance or functionality of any computer facilities of or accessed through the Site;

5. Bypass, disable or interfere with security‑related or access‑control features (including but not limited to rate limits), or attempt to probe, scan or test the vulnerability of any system or network, including but not limited to corrupt data or cause annoyance to other users;

6. Collect, harvest or scrape data from the Site (including but not limited to email addresses or other personal information), or bulk download Site content, including but not limited to create, improve or train artificial intelligence or machine learning models, without our prior written consent;

7. Maliciously interrupt the purchase of Services from the Site;

8. Send any unsolicited advertising or promotional material (spam); or

9. Use the Site or its content to create, operate or improve a product or service that competes with us, to perform competitive benchmarking, or to otherwise harm our business or reputation; or - remove, obscure, infringe or alter any copyright, trade mark or other proprietary rights notices on the Site.

 

We may monitor your use of the Site for compliance, and we reserve the right to delete your account immediately or suspend or block access (including by IP blocking or rate limiting) if we reasonably believe any of these Terms are breached or due to any behaviour, including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to us.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any third‑party sites.

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6. Intellectual property

Unless otherwise indicated, we own or licence all intellectual property (including but not limited to all software, user interface, algorithms, test and test results, reports, the data derived from use of the Site, and any other documentation, information or materials made available to you on or through the Site remain the exclusive property of us or our licensors) in the Site and the content on it (including but not limited to text, graphics, logos, audio and video). We and our licensor (where appropriate) reserve all such rights. For the avoidance of doubt, nothing in these Terms or otherwise creates the right for you to sublicense any information or content on the Site, or your account of the Site or assigns any ownership rights to you.

By accepting these Terms you undertake not to copy, adapt, reverse engineer, publish, communicate, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the information and content supplied to you or which appears on the Site, nor may you use any such information and content in connection with any business or commercial enterprise except as permitted by law or with our prior written consent.

We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.

 

7. Your submissions (enquiries and feedback)

If you submit content to us via the Site (for example, through enquiry forms or by email) (User Submissions), you:

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1. Warrant you have the rights needed to provide the User Submissions and that they are accurate, lawful and not confidential;

2. Grant us a worldwide, royalty‑free, perpetual, non‑exclusive, transferable, sub‑licensable licence to use, store, reproduce and otherwise deal with the User Submissions for the purpose of operating our Site and business (including responding to your enquiry and keeping appropriate records); and

3. Acknowledge we may remove or decline to respond to any User Submission at any time in our discretion.

 

You are solely responsible for your User Submissions.

 

8. Third‑party sites and third-party trade marks, images of personalities and copyright

The Site may contain links to third‑party websites or content. We do not control, endorse or approve, and are not responsible for, any third‑party sites or content or any loss or damage that may arise from your use of any third‑party sites. Your use of them is at your own risk and may be subject to the third party’s terms and privacy policy.

Except where expressly stated to the contrary, all persons (including their names and images), third-party trade marks and content, services and/or locations featured on the Site are in no way associated, linked or affiliated with us, and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services, and is in no way an assertion that such products or services are endorsed by or connected to us.

 

9. Privacy policy

Our Privacy Policy explains how we collect, use and disclose personal information can be found at www.procxsys.com.au. By using the Site, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

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10. Warranties and disclaimers

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), we make no representations, guarantees or warranties about the Site or its information and content, including that it will be accurate, complete, reliable, up‑to‑date, available, uninterrupted, secure or free from errors or harmful code. You use the Site at your own risk.

To the fullest extent permitted by law, we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and Services, arising out of or related to the use, inability to use, performance or failures of the Site or the third-party sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This disclaimer does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.

Nothing in these Terms limits any rights or remedies you may have under the ACL. If the ACL applies and our supply of goods or services under these Terms is not of acceptable quality or otherwise fails to comply with the ACL, you may have rights to a repair, replacement, re‑supply or refund.

If any liability cannot lawfully be excluded, then (to the extent permitted by law) our liability is limited to supplying the relevant goods or Services again or paying the cost of having them supplied again.

 

11. Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of the Site or your breach of these Terms.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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12. Suspension/termination

We may suspend or terminate your access to the Site at any time without notice if we reasonably believe you have breached these Terms or for operational reasons. On termination, any rights and licences granted to you end immediately.

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13. Disputes

If a dispute arises in connection with these Terms, the parties will first attempt to resolve it in good faith through discussions between senior representatives. If not resolved within 14 days, the parties must attempt to resolve the dispute via mediation. If the dispute is not resolved within 28 days after the parties started mediation, either party may commence court proceedings.

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14. Force Majeure Events

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our control (Force Majeure Event).

A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action;

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

5. Impossibility of the use of public or private telecommunications networks;

6. Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and

7. The acts, decrees, legislation, regulations or restrictions of any government.

 

15. General

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

Our failure to enforce any right is not a waiver. You may not assign or transfer your rights under these Terms without our prior written consent.

We must have the right in our absolute discretion at any time and without notice to amend, remove or vary the goods and services, including the Services or any page of this Site.

These Terms constitutes the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us.

 

16. Governing law

These Terms and your use of the Site are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

17. Complaints and contact us

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. For any complaint, questions and notices, please contact us at:

Project Commissioning Systems Pty Ltd ACN 685 640 895
Email: contact@procxsys.com.au
Postal: PO Box 189, Keilor, VIC, 3036