We are able to offer you the facility to receive original or copy electronic invoices via an internet application known as Air BP eNabler. Air BP eNabler is part of a larger application suite called Marketsite which is licensed to and operated by Optus Networks Pty Limited (“Optus”) and Optus has granted us a licence to use Marketsite and in particular Air BP eNabler for the purpose of electronic invoicing and has been authorised to grant a sub-licence to you for the same purpose.
To the extent, we and you agree that invoicing under any supply agreements between us (“Supply Agreements”) shall be done electronically, these Terms will supplement the supply agreements solely in relation to the method of invoicing in accordance with such Supply Agreements.
For the purposes of these Terms, “We” or “Us” means the BP company with which you have a Supply Agreement that is to be invoiced through Air BP eNabler.
By accepting these Terms, you agree to the following:
We and you shall agree in writing which purchase accounts shall be invoiced via electronic invoices (the “Accounts”). You agree that subject to relevant country legal and tax requirements and paragraph 2.8 of these Terms, we will have the right to issue original paper invoices in relation to the Accounts. Where relevant country legal and tax requirements do not permit the issuing of original electronic invoices, we will issue original paper invoices but will send you copy electronic invoices in relation to the Accounts. We will inform you of the date from which original electronic invoices will be issued.
We hereby grant to you a non-exclusive licence to use Air BP eNabler in relation to the Accounts solely for the purpose of viewing and downloading invoice data and receiving electronic invoices and managing invoices submitted by us (the “Permitted Purpose”).
The electronic invoicing process shall operate as follows:a) You have nominated a representative to be the sole point of contact with us in
relation to the use of Air BP eNabler (the “Customer Administrator”). The Customer Administrator shall provide current, complete and accurate information about the Customer Administrator, the Customer and its directors and employees as required by us to maintain your Air BP eNabler account.
b) At your discretion, the Customer Administrator may create accounts for the
Customer’s Directors and employees as additional users. The Customer Administrator will create Air BP eNabler accounts for these additional users and afterwards Air BP eNabler will automatically generate and send to such users unique login details and passwords to access Air BP eNabler.
c) Invoices will be created in accordance with a specified format, using processes
designed to secure the authenticity and integrity of the data. Original invoices shall be certified by an electronic signature. Once created invoices shall be stored in an electronic repository on a server in Australia and/or the UK and the Customer may download invoices via Air BP eNabler where required.
d) You acknowledge and understand that unless you download original invoices via
Air BP eNabler the data you access via Air BP eNabler is a presentation of the invoice data in electronic form.
e) You further acknowledge and agree that we will use third party agents to store
the invoice images in the electronic repository on a server in Australia and to host and operate Air BP eNabler.
Electronic signatures certifying the integrity of the invoice images shall be created and signed on our behalf by a third party.
g) Invoices shall be deemed to be issued by us at the time the original invoice is
created by us whether electronically or otherwise. This shall be the date of invoice for the purpose of the Supply Agreement and these Terms.
h) Air BP eNabler has the facility to send an email notification to you that invoice
data is available to view. You may set its account profile to receive such email notification at your discretion.
If you no longer wish to receive electronic invoices for any purchase account and wish to instead receive invoices in paper format, you must give us at least 30 days’ written notice. Having discussed your use of Air BP eNabler we and you shall agree a process for issuing invoices thereafter.
2. Conditions of useIf you elect to receive electronic invoices via Air BP eNabler, you will comply with the following conditions of use: 2.1
You will only use the software licensed to you under these Terms to access Air BP eNabler and must only use Air BP eNabler for the Permitted Purpose.
You must have the ability to access the internet in order to use Air BP eNabler. You will be responsible for ensuring that you have access to the internet at all times to view invoice data and electronic invoices we send electronically. We will not be responsible for any internet usage costs.
You will remain fully responsible and liable to pay original invoices issued electronically by us, regardless of whether or not you access Air BP eNabler and view the relevant invoice, are disconnected from your internet account for any reason or fail to read any email notification.
You accept that any original invoices issued via Air BP eNabler are validly issued by electronic transmission and expressly waive any rights to bring an action declaring the invalidity of an invoice from us on the sole ground that the invoice was issued electronically.
You will be responsible for ensuring that any login and password detail provided by us or issued by the Account Administrator to access Air BP eNabler shall be kept safely and securely and you undertake to implement and maintain control and security procedures and measures necessary to ensure the protection of data against the risk of unauthorised access, alteration, loss or destruction.
You will ensure that invoices are readily accessible and can be reproduced in a readable form and, if required by any government tax authorities, can be printed.
If you choose to receive email notification in accordance with paragraph 1.3(h), you must provide us with a valid e-mail address to which such notifications shall be sent. It will be your sole responsibility to ensure the accuracy of the email address and the validity of the account.
Subject to relevant country legal and tax requirements, we may in our sole discretion issue paper invoices in respect of the Accounts in addition to or instead of electronic invoices at any time. In such circumstances, we will give you such notification as is reasonably practicable.
You must comply with our reasonable directions or those of any regulator or other body which administers public addressing identifiers (the “Regulator”) related to the use of Air BP eNabler. In addition, you must comply with the requirements of any Regulator and acknowledge and agree that:a) We do not control the allocation of public addressing identifiers;b) We are not liable to you if we or Optus are required to change any public
addressing identifiers as a result of any direction given by a regulator or other body which administers public addressing identifiers; and
c) on ceasing to use eNabler, your right to use any related public addressing
In using Air BP eNabler you agree not to:a) use or manipulate Air BP eNabler in any way to interrupt, interfere with or
damage Air BP eNabler or to make it less efficient;
b) to the extent permitted by law, decompile, disassemble, reverse engineer or in
any way modify the Software program code without the prior written consent of Optus;
c) duplicate, copy, resell, sub-licence (other than as permitted by these Terms) or
otherwise commercially exploit any part of the Air BP eNabler;
d) use or attempt to use Air BP eNabler to transmit, publish or communicate any
material which is defamatory, offensive, abusive, indecent, menacing or unwanted;
e) breach the provisions of any privacy legislation governing our or your activities
or of our or your employees, directors, agents, contractors, sub-contractors or affiliates;
breach any applicable laws or regulations in relation to your use of Air BP eNabler or infringe any other person’s rights; or
You acknowledge and agree that:a) as Air BP eNabler is made accessible over a carriage service delivered by Optus
(or another third party), Optus (or such other third party) may be required to intercept communications and may also monitor your usage of Air BP eNabler and communications sent over it solely for the purpose of complying with its obligations under the Telecommunications Act 1997 (Australia) and any other relevant legislation;
b) Optus’s licensor, SupplyNet Ltd of Level 2, National Equity House, 75 Queen St,
Auckland, New Zealand owns all intellectual property rights, including the copyright and related rights in the Marketsite software, and any modifications made to, or improvements in, the software, and subject to paragraph 7 Optus owns all other intellectual property rights associated with or used in relation to Marketsite and the services it provides to us.
c) In the event that any third party claims that use of Air BP eNabler infringes the
intellectual property rights of any third party, Optus shall be entitled to defend any legal or other proceedings commenced by that third party and you shall provide all necessary assistance and information reasonably requested by Optus.
d) You will use Air BP eNabler only in accordance with these Terms.
3. Authority to receive electronic invoicesYou will be responsible for ensuring that you can receive electronic invoices in your country of residence and that the electronic invoice and the use of Air BP eNabler will comply with all tax and legal requirements in that country. 4. ConfidentialityWe and you shall ensure that invoice data is maintained in confidence and is not disclosed or transmitted to any unauthorised persons, except as required by law or by any government tax authorities. 5. Liability and warranty5.1
We accept no responsibility or liability in the event that your login and password details are used by any third party to access your account without your permission. In addition, whilst we will take reasonable steps to ensure any login and password details are securely sent to you, we will accept no responsibility or liability in the event that such information is accessed or read by any third party, including where such information is accessed due to negligence, fault or wilful default.
We makes no representation or warranty:a) as to the licence granted by Optus; b) as to the accuracy of any technical advice provided by Optus in relation to Air BP
c) as to the fitness for purpose or merchantability of Air BP eNabler;d) that any advice provided by we to assist in your use of Air BP eNabler, is
accurate or correct or will not have a detrimental effect on your network or any other
Further, to the maximum extent permitted by law, we exclude all conditions and warranties implied by law.
Whilst we will endeavour to make Air BP eNabler available at all times, we cannot guarantee uninterrupted and/or reliable access to Air BP eNabler and make no guarantees whatsoever as to its operation, availability, functionality, that it will be free of error or disruption or otherwise. To the extent permitted by law, we accept no liability for any loss incurred or suffered by you arising out of or in connection with your use of, or inability to use Air BP eNabler.
We accept no liability for any indirect or consequential loss, including loss arising from loss of revenue, loss of profits, loss of business or goodwill, loss of, damage to,
corruption of or compromise of data, or any other economic loss arising out of or relating to these Terms, misrepresentation, warranty or any other statutory, legal or equitable grounds even if a party has been advised of the possibility of such losses or damages by the other party.
We will implement and maintain control and security procedures and measures with a view to keeping information contained in Air BP eNabler secure, but our sole responsibility following any security breach will be to endeavour, taking reasonable steps, either by ourselves or through third parties, to prevent any continuance or reoccurrence once the problem has been identified by or notified to us.
We and you shall each store the invoices for a period of six (6) years or such longer period as may be required by local tax requirements in the following manner:a) the invoice data shall be readily accessible and readable at any time; b) invoices shall be stored in their original and encrypted electronic format; c) the electronic signature for each invoice must be stored as evidence of the
authenticity and integrity of the invoice; and
d) the encryption codes for each invoice must be stored such that both us and you
can access such codes for the purpose of comparing the original encrypted invoice with the readable invoice data at any time.
7. TrademarksTrademarks will be displayed on Air BP eNabler from time to time. These may belong to us or third parties. You must not use the trademarks on Air BP eNabler without the express written permission of the relevant owner. 8. Data protectionWe and you shall each comply with any and all relevant data protection legislation in relation to the processing of any personal data pursuant to this Agreement. 9. TerminationWe may terminate your access to Air BP eNabler either on 60 day’s written notice without cause or with immediate effect in the event that either (i) breach of this Agreement is not remedied within 10 business days of notification of such breach or (ii) if our licence to use Marketsite is terminated. If we terminate access to Air BP eNabler, we shall discuss alternative methods of invoicing with you and we and you shall agree a process for issuing invoices thereafter. 10. Consent to electronic invoicingYou specifically agree that by agreeing to these Terms, you accept our use of electronic invoicing. 11. Governing law and jurisdictionThese Terms shall be governed by English law and both you and we submit to the non-exclusive jurisdiction of the English courts.
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