Account: The primary means for accessing and using the ESG Perform services, subject to payment of a fee designated in the selected plan.
Activity: Appointments, tasks, events, and actions (e.g., call, meeting, lunch, or custom type) on a calendar that can be associated with a deal, person, or organisation.
Authorisation: The set of rights and privileges on the website assigned to a user by a supplier.
Supplier: A natural or legal person or company who has accepted these terms with the provider.
Supplier Data: Data related to the supplier accepted under these terms with the provider.
Content: Any data and information available through ESG Perform services or contained within the structure of the system, including articles, documents, brochures, presentations, pictures, images, audiovisual works, and other informational materials.
Fee: Regular payment for using the activated account.
Files: Documents (e.g., images, spreadsheets, text files) inserted into the system by the supplier, usually associated with a particular deal, person, or organisation.
Guidelines: Additional guidelines or rules applicable to specific features, applications, products, or services, as posted on the platform or made available through ESG Perform services.
Customers: Legal persons (e.g., companies) and other entities with which the supplier is making deals.
ESG Perform Materials: The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel,” organisation, compilation of the content, code, data, and all other elements of the ESG Perform services.
ESG Perform Services: The website, system, content, platform, and all content, services, and/or products available on or through the platform.
Plan: Various criteria related to the use and functionality of the ESG Perform services on which the fee is based.
Platform: The ESG Perform trade account management application.
Products: The goods or services that a supplier is offering to persons and organisations.
Reseller: Third-party entity that (i) purchases ESG Perform services from the provider and resells them to suppliers, (ii) bills through ESG Perform, and (iii) provides such suppliers with customer service.
Special Terms: Any particulars, specifications, and conditions by which the parties have agreed to deviate from these terms.
System: The integrated cloud computing solution for providing the ESG Perform services, including applications, software, hardware, databases, interfaces, associated media, documentation, updates, new releases, and other components or materials.
User: A natural person authorised to use the account on behalf of a supplier.
Website: The compilation of all web documents made available via www.esgperform.global or subdomains or domains with identical names under other top domains owned by the provider.
The use of the ESG Perform services is subject to acceptance of these terms. To accept these terms for itself or on behalf of a supplier, a person must have the legal capacity to do so:
For Individuals: The individual must be at least 18 years old or have valid authorisation from their legal representative or custodian.
For Legal Entities: The entity must be duly incorporated and in good standing.
The terms are accepted when one of the following occurs first:
The person receives confirmation of the creation of the account and necessary credentials from the provider.
For ESG Perform services and parts of the website not dependent on creating an account, access to such services.
Accessing the ESG Perform services without the provider’s prior written consent for:
Production purposes.
If you are a competitor of ESG Perform.
Monitoring availability, performance, or functionality of ESG Perform services.
Other benchmarking or competitive purposes.
Once accepted, these terms remain effective until terminated as provided herein.
The provider reserves the right to change, modify, add, or remove portions of the terms at any time by posting such changes on or through the platform. Your continued use of ESG Perform services constitutes acceptance of such changes, effective upon:
Continued use of the services.
30 days after posting changes on the platform.
The resolution of disputes will be governed by the terms in effect at the time the dispute arose.
Provision of ESG Perform Services
The provider will:
Make the ESG Perform services, content, and supplier data available to a supplier pursuant to these terms.
Provide applicable standard support for the ESG Perform services to the supplier at no additional charge, or upgraded support for an additional charge if applicable.
Use commercially reasonable efforts to make the ESG Perform services available 24/7, except for:
Planned downtime (advance electronic notice provided as per the guidelines).
Unavailability due to circumstances beyond the provider’s reasonable control (e.g., natural disasters, government actions, internet failures, denial of service attacks).
In respect to the time limit for supply
The supply of an ESG report within our platform will normally be generated and delivered within 5 minutes, and in the event that there is delay due to a systems failure or need for further information, then supply of the report will be delivered by the system within 24 hours.
The provider will maintain administrative, physical, and technical safeguards for the security, confidentiality, and integrity of supplier data as described in the guidelines. These measures include, but are not limited to, preventing unauthorised access, use, modification, or disclosure of supplier data by provider personnel except for:
Providing the ESG Perform services and addressing technical problems.
As compelled by law, per the “Compelled Disclosure” section.
Explicit written authorisation from the supplier or user.
Third-party service providers:
Google: Emails to the provider are processed by Gmail under Google’s terms of service.
Salesforce: ESG Perform services and tools utilise Salesforce platforms and are subject to Salesforce’s terms of service.
National Bank of Australia (NAB): Payment for ESG Perform services are processed by NAB Gateway under National Bank of Australia (NAB)’s term of service.
Accept these terms by completing the registration process.
Each supplier may have one account. Each user is subject to the restrictions set forth in these terms.
Users designated and authorised by the supplier act on behalf of the supplier. The provider is not responsible for verifying the validity of user authorisation but may request additional credentials. The provider may, at its discretion, prevent user access if user authorisation is uncertain.
Credentials: The provider supplies a username and password for logging in unless single sign-on or another service is used. Users are responsible for maintaining the confidentiality of their account. Suppliers must promptly notify the provider of:
Disclosure, loss, or unauthorised use of credentials.
User departures or changes in their roles.
Termination of user access rights.
Termination: Suppliers may terminate these terms as outlined in section 20. Accounts will be permanently deleted within six months of the termination’s effective date.
Fees: Account use is subject to fees, based on selected plans. Fees are charged in advance on a monthly or annual basis, unless otherwise agreed upon. Fees are non-refundable.
Tax: Fees are exclusive of taxes, levies, or duties unless otherwise stated. The supplier is responsible for payment of applicable taxes.
Changing Plans: Suppliers may upgrade plans anytime. The supplier’s credit card on file will be automatically charged for the new plan’s rate at the next payment interval.
Suppliers may terminate these terms as provided in section 20.
The provider will permanently delete accounts within 3 months after termination.
Fees are subject to the terms outlined under “Fees” in section 6f.
Taxes, fees, and duties, as outlined under section 6g, apply.
Plan changes and upgrades are permitted per section 6h.
This section applies if access to ESG Perform services is purchased directly from the provider. If purchased through a reseller, payment terms are determined by the reseller agreement.
Payment Card Authorisation: The provider may pre-authorise a payment card before purchase to verify validity and available funds. Users authorise such charges and agree to provide updated payment card information as necessary.
Direct Debit Payment: In applicable markets, the provider may request a direct debit mandate for payments, adhering to relevant national rules and regulations.
We offer refunds for services provided by subscription license in accordance with the Australian Consumer Law and on terms set out in this Refund Policy. Any benefits set out in this Policy may apply in addition to the rights under the Australian consumer Law.
Under the Australian Consumer law:
Our services come with guarantees that cannot be excluded and under Australian Consumer law for failures with the services you are entitled to:
Cancel the purchase; and
to a refund for the price of the goods; and
compensation for any damage or loss (whether direct or consequential or reasonable ought to have been foreseeable by us).
If the failure with the service does not amount to a major failure, you are entitled to a resupply of the service within a reasonable time, and if the service does not occur in a reasonable time you are entitled to cancel the service and be provided with a refund of any price paid.
We may cancel the purchase by providing a refund of any price paid.
Uploading Supplier Data to Platform: If the supplier uploads data to the platform, the data and its processing must comply with these terms and applicable law. All rights, title, and interest in and to the supplier data belong to the supplier or third parties (including users and organisations) whether posted/uploaded by the supplier or made available on the ESG Perform services. By uploading data, the supplier authorises the provider to process it. The supplier is responsible for ensuring:
No unlawful, harmful, offensive, or infringing content is created, transmitted, or displayed by associated users.
All necessary rights are obtained for inserting and processing the data on the platform.
No Guarantee of Accuracy: The provider does not guarantee the accuracy of any information within supplier data. The supplier remains solely responsible for all data uploaded and any resulting actions taken by providers or third parties.
Unlawful Supplier Data: The provider is not obligated to pre-screen or monitor supplier data for unlawful content. However, if unlawful data is discovered or reported:
The supplier will be notified.
The publication or insertion of unlawful data may be denied.
Compliance with these terms and applicable law may be demanded.
Unlawful data may be removed or access restricted.
Compelled Disclosure: The provider may disclose confidential information as legally required, using commercially reasonable efforts to notify the supplier, where permitted by law.
Use of ESG Perform Services: Subject to these terms and payment, the provider grants suppliers and their authorised users a non-exclusive, non-transferable license to use the ESG Perform services to:
Collect, store, and organise data, add new persons/organisations, and create and manage pipelines.
Modify and delete data.
Customise features.
Receive guidance and support.
Technical Support: Reasonable technical support will be provided upon request. Suppliers purchasing access through resellers may receive support from the reseller.
Modifications to Service: The provider reserves the right to modify ESG Perform services, including rebranding, temporary/permanent discontinuation, or preservation of the provider’s rights upon detecting violations.
Subject Matter and Nature of Processing: The platform allows suppliers, as data controllers, to collect and organise data. The provider processes data as instructed.
Duration: Data processing occurs until service termination. Data may be stored for three years post-termination, unless instructed otherwise.
Parties’ Rights and Obligations: Rights and obligations regarding supplier data are detailed in sections 4-11. The provider ensures confidentiality for data processors.
Prohibited Activities: ESG Perform services may only be used lawfully and within the defined scope. Unauthorised activities include, but are not limited to:
Committing crimes or enticing others to do so.
Copying, modifying, or reverse engineering ESG Perform services, except as permitted by law.
Using services without agreeing to these terms.
Certain Uses Require Provider Consent: Suppliers/users may not, without express consent:
Sell or resell ESG Perform services.
Use services beyond intended scope.
ESG Perform takes user privacy seriously. The privacy policy is available at www.esgperform.com/privacy and is incorporated into these terms.
ESG Perform’s Rights: The provider retains all rights to ESG Perform services and materials, protected by relevant laws. Users agree not to Reverse-engineer, decompile, or attempt to access the service’s source code. No ownership rights are granted through use.
Content Owned by ESG Perform: Suppliers and users may download content for personal use, but do not acquire ownership rights.
Supplier Data: The provider may use anonymised/aggregated data for research. Suppliers retain ownership unless otherwise authorised.
Supplier Responsibilities: Suppliers are responsible for ensuring data compliance with laws and that data use does not infringe third-party rights.
Feedback: Feedback provided by suppliers may be used by the provider for any purpose.
ESG Perform services may include links to third-party sites or services. Unless explicitly stated, the provider does not endorse linked sites and is not responsible for their content or any issues arising from their use.
You agree to defend, indemnify, and hold the provider harmless from claims, losses, or liabilities arising from misuse of ESG Perform services, breach of terms, or rights violations.
No Liability for Consequences: The provider is not liable for service modifications, data deletion, or unauthorised credential use, among other actions.
Claims from Third Parties: Providers are not liable for supplier failure to comply with data, rights, or obligations under these terms.
Limitation of Liability: ESG Perform’s liability is limited to amounts paid within six months prior to an incident.
Exclusion of Consequential Damages: Neither party is liable for lost profits, revenues, goodwill, or indirect damages.
Termination for Convenience: These terms may be terminated upon written notice.
By the Supplier or Provider: The provider may end services, or either party may terminate due to insolvency or default.
Effect of Termination: Upon termination, suppliers must stop using the services, pay any owed amounts, and discharge liabilities.
Surviving Provisions: Sections on payment, supplier data, and other specified areas survive termination.
These Terms are governed by the laws of Australia.
Dispute Resolution
Parties will attempt to resolve disputes amicably. If unresolved, available legal remedies may be sought, including injunctive relief as permissible.
For enquiries and concerns about ESG Perform’s Terms, please contact:
Note that proof of identity and full details of the request may be required before an enquiry is to be processed. Please allow up to 14 days for ESG Perform to respond to an enquiry.