AqMB™ WEB SITE TERMS AND CONDITIONS

Welcome to AqMB™, an online conceptual material balance and flow sheeting software for water treatment operations. Your access to and use of all information on this Website including subscription to Our software is provided subject to the following terms and conditions.

We reserve the right to amend these Terms and Conditions at any time and Your use of the Website following any amendments will represent Your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time You access Our Website You read these Terms and Conditions.

Definitions

“Agreement” means these Terms of Use and Disclaimer.

"Access Fee" means the fee (excluding any taxes and duties) payable by You in accordance with the fee schedule provided by Us to You.

"Confidential Information" includes all information exchanged betWeen the parties to this Agreement, whether in writing, electronically or orally, including the plant designs, feed scenarios and model results created by You within the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data" means any data inputted by You or with Your authority into the Web site.

"Intellectual Property Right" means all rights in copyright, circuit laYout, designs, trade marks, service mark, right in a design, know-how, patents and all other rights in intellectual property as defined in Article 2 of the World Intellectual Property Organisation (WIPO) Convention whether registrable, registered, patentable or not.

“Permitted Purpose” means the purpose of creating concept process designs by producing and configuring block flow diagrams, modelling scenarios, and generating or exporting drawings, results and deliverables for validation and use by You, the Registered User, and not for resale or use by any persons outside Your entity.

"Service" means the online process design, simulation and reporting services made available via the Website and any updates or upgrades to such services which may be generally released by AqMB Pty Ltd.

"Website" means the Internet site at the domain www.aqmb.com.au or any other site operated by AqMB Pty Ltd.

"Registered User" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

“We” means AqMB Pty Ltd. “Us” and "Our" has a corresponding meaning.

"You" means the Registered User. "Your" has a corresponding meaning.

Registered Users

  1. In order to access the software and services provided on this Website, You must become a Registered User. You must complete registration by providing certain information as set out on Our membership/registration page. Please refer to Our Privacy Policy linked on Our home page for information relating to collection, storage and use of the details You provide on registration.
  2. You agree to ensure that Your registration details are true and accurate at all times and You undertake to update Your registration details from time to time when they change.
  3. On registration, You must select a User Name and Password. You must not share this information with others, and You agree to pay for Our services as set out on Our Website.
  4. We reserve the right to terminate Your registration at any time if You breach these Terms of Use.
  5. Our Website Services

  6. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that Our price list is current. We reserve the right to amend Our prices at any time. If You have placed an order, We reserve the right to cancel Your order should Our prices change.
  7. Service Descriptions

  8. We strive to ensure that the products and services are described as accurately as possible on the Website, however We do not warrant that the description is accurate. Where We become aware of any misdescription, We reserve the right to correct any error or omission.
  9. Images have been provided for illustrative purposes only and We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
  10. Service Orders

  11. We endeavour to ensure that the Service list is current however We give no undertaking as to the availability of any Service advertised on the Website.
  12. All prices are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend prices at any time.
  13. When You order from us, We require You to provide Your name, address for invoicing, Your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information You accept that We are not liable for its misuse due to error in transmission or virus or malware.
  14. We undertake to accept or reject Your order within Two (2) days. If We have not responded to You within Two (2) days, Your offer is deemed to be rejected. We are not required to give reasons for rejecting Your offer to purchase however the most likely reason for rejecting Your offer will be that We do not currently have that product available.
  15. Once You have submitted an order, You may not cancel that order even if Our acceptance or rejection of Your offer is still pending.
  16. Access to the Service shall be provided after Your order has been accepted and payment has been received. Our payment options are set out on the signup page.
  17. If credit card authorisation fails, We will suspend Your account and notify You by email on how You can reactivate it.
  18. Service Subscriptions

  19. As a Registered User, You may suspend Your subscription at any time when the Service is available. When a subscription is suspended, the Registered User may continue to access the Service (except during maintenance periods) until the last day of the previous billing period. Access Fees for the suspended account may not apply until the account is reactivated.
  20. As a Registered User with a suspended account, You may reactivate Your subscription at any time. You should receive access to the Service upon payment verification by reply email. Billing will recommence from the time access is once again provided to the Service, and for the billing period selected on reactivation of Your existing account.
  21. As a Registered User, You may cancel Your subscription at any time when the Service is available. Once a subscription is cancelled, the Registered User will no longer have access to the Service and unless Your account is part of a Company subscription, all Confidential Information provided by You for the Permitted Purpose shall be deleted from the server. If Your subscription is for a Company User, You may choose to individually delete Your plants, feed scenarios or model results prior to cancelling Your subscription.
  22. Site Access

  23. When You visit Our Website, We give You a limited licence to access and use Our information for the Permitted Purpose.
  24. You are permitted to download a copy of the information on Our Website to Your computer for the Permitted Purpose only provided that You do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of Our content in any other way infringes Our intellectual property rights.
  25. Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without Our prior written permission.
  26. You are not permitted to reverse engineer, disassemble or otherwise endeavour to obtain the source code from the object code.
  27. The licence to access and use the information on Our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit You to metatag or mirror Our Website without Our prior written permission. We reserve the right to serve You with notice if We become aware of Your metatag or mirroring of Our Website.

    Hyperlinks

  28. This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and We take no responsibility for the content and maintenance of or privacy compliance by any linked Website. Any hyperlink on Our Website to another Website does not imply Our endorsement, support, or sponsorship of the operator of that Website nor of the information and/or products which they provide.
  29. You may link Our Website without Our consent. Any such linking will be entirely Your responsibility and at Your expense. By linking, You must not alter any of Our Website's contents including any intellectual property notices and You must not frame or reformat any of Our pages, files, images, text or other materials.
  30. Intellectual Property Rights

  31. The copyright to all content on this Website including applets, graphics, images, layout, source code and text belongs to Us, or We have a licence to use those materials.
  32. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by Us, or We have a licence to use them. Your access to Our Website does not license You to use those marks in any commercial way without Our prior written permission.
  33. We have no commercial interest in Your configured block flow diagrams, analyses, model results or deliverables exported from the Website. The ownership of, and rights to use this intellectual property remains the responsibility of the Registered User.
  34. Any comment, feedback, idea or suggestion (called “Comments”) which You provide to Us through this Website becomes Our property. If in future We use Your Comments in promoting Our Website or in any other way, We will not be liable for any similarities which may appear from such use. Furthermore, You agree that We are entitled to use Your Comments for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments.
  35. If You provide Us with Comments, You acknowledge that You are responsible for the content of such material including its legality, originality and copyright.
  36. Disclaimers

  37. This software is provided on a "as is" basis. We, the authors or AqMB Pty Ltd have made no warranty, expressed or implied, as to the accuracy or completeness and are not obligated to provide the User with any support, consulting, training or assistance of any kind with regard to the use, operation, and performance of this software nor to provide the User with any updates, revisions, new versions or "bug fixes".
  38. You, the User assumes all risk for any damages whatsoever resulting from loss of use, data, or profits arising in connection with the access, use, quality, or performance of this software.
  39. References to commercial vendors of software products or services are for informational purposes only and do not imply endorsement by AqMB Pty Ltd.
  40. Whilst We have taken all due care in providing the information on Our Website, We do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  41. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  42. We also take all due care in ensuring that Our Website is free of any virus, worm, Trojan horse and/or malware, however We are not responsible for any damage to Your computer system which arises in connection with Your use of Our Website or any linked Website.
  43. Statutory Guarantees and Warranties to Consumers

  44. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act We are a supplier of either goods or services or both to You, and as a consumer the C&C Act gives You statutory guarantees. Attached to the Standard Terms and Conditions are:-
    1. Schedule 2 of the C&C Act; and
    2. those statutory guarantees, all of which are given by us to You if You are a consumer.
  45. If You are a consumer within the meaning of Schedule 2 of the C&C Act of Our goods or services then We give You a warranty that at the time of supply of those goods or services to You, if they are defective then:-
    1. We will repair or replace the goods or any part of them that is defective; or
    2. Provide again or rectify any services or part of them that are defective; or
    3. Wholly or partly recompense You if they are defective.
  46. As a consumer under the C&C Act You may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
    1. If You are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services We are providing relate to the repair of consumer goods then We will give You any notice which We are obliged to give You under Schedule 2 section 103 of the C&C Act.
    2. If We are a repairer of goods capable of retaining user-generated data then We hereby give You notice that the repair of those goods may result in the loss of the data.
    3. If We are a repairer and Our practice is to supply refurbished goods as an alternative to repairing Your defective goods or to use refurbished parts in the repair, then We give You notice that the goods presented by You to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give You notice that We may use in the repair of Your goods, refurbished parts.
  47. Limitation of Liability

  48. If You are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to You. If You are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit Our liability or Your rights. If You are not a consumer:-
    1. To the full extent permitted by law, Our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by You arising from services We have supplied.
    3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    4. We do not participate in any way in the transactions between Our users.
  49. Indemnity

  50. By accessing Our Website, You agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with Your use of Our Website.
  51. Force Majeure

  52. If a Force Majeure event causing delay continues for more than Five (5) days, We may terminate this Agreement by giving at least Three (3) days Notice to You. “Force Majeure” means any act, circumstance or omission over which We could not reasonably have exercised control.
  53. Jurisdiction

  54. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and You agree to submit to the jurisdiction of those COurts.
  55. If any provision in these terms and conditions is invalid under any law the provision will be limited, narroWed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
  56. Privacy

  57. We undertake to take all due care with any information which You may provide to us when accessing Our Website. However We do not warrant and cannot ensure the security of any information which You may provide to us. Information You transmit to Us is entirely at Your own risk although We undertake to take reasonable steps to preserve such information in a secure manner.
  58. Our compliance with privacy legislation is set out in Our separate Privacy Policy which may be accessed from Our home page.