These terms and conditions govern your access and use of online training courses provided by Petrosys Pty Ltd (“the Services”), accessible via the website http://www.petrosys.com.au (“the Site”). Before accessing or using the Services, you must read and accept these Terms, which constitute a binding agreement between you and Petrosys Pty Ltd, its subsidiaries and affiliates (collectively, “Petrosys”).

If you do not agree to these Terms, then please do not access or use the Services. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICES, YOU AGREE (IN YOUR OWN RIGHT AND ON BEHALF OF YOUR ORGANISATION) TO BE BOUND BY THESE TERMS.

Petrosys may alter or remove some or all of these Terms (or insert new Terms), at any time at its sole discretion. Any new or amended terms will be effective from the date that they are published at https://petrosys.learnupon.com/store/86741-introduction-to-petrosys?tab=1, or at such other URL that Petrosys may provide from time to time).

REGISTRATION AND PAYMENT

To register for the Services, you must create an account by completing a registration process and providing Petrosys with current, complete and accurate information as prompted by the registration form, including an email address, username and password (“Account”). You must protect your password and take full responsibility for your own, and third party, use of your Account. You are responsible for all activities that occur under your Account. You agree to notify Petrosys immediately upon learning of any unauthorised access or use of your Account or any other breach of security.

In order to access the Services you must pay all applicable Fees, via the method(s) specified on the Site with respect to the relevant Services.

Petrosys reserves the right to refuse to register any Account (or to cancel and de-register any Account) in its sole discretion (including but not limited to circumstances where you have committed a breach of these Terms or where Petrosys considers that allowing access to the Services may create legal or other liability for Petrosys). If Petrosys elects to cancel and de-register your Account in circumstances where you have not committed any breach of these Terms, then you will be entitled to a refund of Fees paid for any unused Services (which refund shall constitute your sole and exclusive remedy for the cancellation or de-registration).

ACCESS TO THE SERVICES

In consideration of your payment of all required Fees, Petrosys grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services via your Account, subject at all times to these Terms.

Unless otherwise expressly agreed by Petrosys in writing, you may not provide access to the Services via your Account to third parties (including other individuals within your organisation). Without limiting the generality of the foregoing, you may not allow others within your organisation to access or use Services via your Account, to avoid the payment of applicable Fees. Your licence to access the Services is limited in time to the period (if any) specified on the Site with respect to the relevant Services.

Your licence will terminate immediately if you fail to comply with these Terms. If this occurs, then you must not access or use the Services.

Petrosys may terminate your licence or cancel your access to the Services (in whole or in part) at any time in its sole discretion, in the event that Petrosys elects to alter, cancel, terminate or remove the Services from the Site. If this occurs in circumstances where you have not committed any breach of these Terms, then you will be entitled to a refund of Fees paid for any unused Services (which refund shall constitute your sole and exclusive remedy for the cancellation or termination).

USE OF CONTENT

Unless otherwise specified, all information, images, software, documentation, designs, screen layouts, workflows, underlying technical concepts and any related materials or other content posted on or accessible via the Services (“Content“) is proprietary to Petrosys or its licensors. Unless you have a separate written agreement with Petrosys in respect of all or a portion of the Content, your access to and use of all Content is subject to these Terms.

You may use the Content only in connection with your use of the Services. Unless otherwise expressly agreed by Petrosys in advance, you must not copy, upload, post, sell, license, sublicense, broadcast, transmit or otherwise distribute all or any part of the Content (including, without limitation, to other individuals within your organisation).

Some portions of the Services or the Site may allow access to downloadable or streamed Content (including but not limited to videos, software and software release notes or training and related documentation). Without limiting the foregoing, you must not modify or create derivative works of these materials.

Under these Terms you acquire no rights to access or use the source code associated with the Services, the Site, the Petrosys software or any other software accessible via the Services or the Site. You must not reverse assemble, reverse compile or decode any such software or attempt to ascertain the source code by any means.

Petrosys reserves the right to alter or remove Content, or to add new Content, at any time in its sole discretion.

TRADEMARKS AND INTELLECTUAL PROPERTY

Petrosys (and its licensors as applicable) retains all intellectual property and other rights associated with the Services and the Content including (but not limited to) copyright, trademarks, patents, trade secrets, designs, business names and the right to have confidential information treated as confidential.

The words “Petrosys®“, “dbMap®“, “PLDB”, “The Mapping GuruTM“, “Unearth a MasterpieceTM“, the Petrosys logo and all product names and other words or images associated with Petrosys (the “Petrosys Marks“) are trademarks or registered trademarks proprietary to Petrosys. All rights in relation to the Petrosys Marks are expressly reserved. You must avoid all acts or omissions which may lead to the invalidation of the Petrosys Marks. Without limiting the foregoing, you must not (unless otherwise expressly agreed by Petrosys in advance) seek to register any patents, trademarks, brand names, business names or other intellectual property interests associated directly or indirectly with Petrosys or the Petrosys software.

You may use the Petrosys Marks to refer to Petrosys or the Petrosys software or services, provided that: (i) you must not (unless otherwise expressly agreed by Petrosys in advance) represent or imply any relationship or affiliation with, or approval or endorsement by, Petrosys related to your company, products or services; and (ii) all uses of the Petrosys Marks must incorporate consistent style, capitalisation, type specifications and trademark notices as directed by Petrosys from time to time.

All other company or product names appearing on the Site are the trademarks or registered trademarks of their respective owners. Petrosys seeks to safeguard the intellectual property rights of third-parties in accordance with applicable law – all notices or enquiries regarding intellectual property on the Site (whether related to the Services or otherwise) should be directed by email to: info@petrosys.com.au.

Unless otherwise agreed between you and Petrosys in writing, you acknowledge that all questions, comments, suggestions, ideas or other information related to the Services that you provide to Petrosys via email, postings on the Site or via other means (“User Communications“), are non-confidential and shall, to the maximum extent permitted by law, become the sole property of Petrosys from the moment the relevant User Communications are made. To the extent that Petrosys is prohibited by law from becoming the sole owner of any User Communications, you agree to grant Petrosys a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, license, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Communications (in whole or in part) and to incorporate the User Communications into the Services, the Content, the Petrosys software or any other works in any form, media or technology currently existing or later developed, for as long as any intellectual property rights shall subsist in the User Communications.

NO WARRANTY

Some laws imply conditions and warranties into certain contracts and do not allow those contracts to exclude, modify or restrict those implied terms (“non-excludable terms”). These Terms are limited so that they do not exclude, restrict or modify any non-excludable terms.

SUBJECT TO THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PETROSYS NEITHER MAKES NOR APPROVES THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT THE CONTENT WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE OR SUITABLE FOR YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

YOU ARE WHOLLY RESPONSIBLE FOR YOUR USE OF, OR RELIANCE ON, THE SERVICES. YOU AGREE THAT YOUR USE OF ALL DATA, TECHNICAL INFORMATION, SOFTWARE, DOCUMENTATION OR OTHER CONTENT SHALL BE AT YOUR OWN RISK AND SHALL INVOLVE YOUR INDEPENDENT JUDGMENT. YOU ARE WHOLLY RESPONSIBLE FOR ANY SUCH USE AND FOR ANY DECISIONS DERIVED FROM OR BASED ON SUCH USE.

All or a portion of the Services or Content may: (i) include materials provided by third parties; or (ii) be hosted or delivered via third-party platforms, services or websites from time to time. To the extent that the Services or Content include materials provided by third-parties or links to third-party websites, platforms or services (“Third-Party Materials“), Petrosys cannot control the availability, performance and content (and does not warrant the availability, accuracy, reasonableness or completeness) of those Third-Party Materials. All representations, advice, statements, offers or other information contained in any Third-Party Materials are those of the respective third-parties and not Petrosys. Petrosys makes no warranties or representations regarding (and accepts no responsibility for) the availability, reliability or content of external services or websites accessible via this Services, nor that of any external websites linking to the Services or the Site.

LIMITATION OF LIABILITY AND INDEMNITY

To the maximum extent permitted by law, Petrosys will not be liable for:

– losses or damages of third-parties claimed against you;

– loss of revenue, profits, savings (actual or anticipated) or damage to or destruction of data; or

– lost savings or any other indirect, incidental or consequential damages, even if Petrosys has been advised of the possibility of such damages.

If circumstances arise where you are entitled to claim damages from Petrosys notwithstanding these Terms then, to the maximum extent permitted by law, the liability of Petrosys (and its officers, employees and agents) to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim including, without limitation, negligence) is limited to the aggregate amount of Fees paid by you to Petrosys in connection with the Services during the twelve (12) months preceding the events giving rise to your claim.

You must indemnify Petrosys and its officers, employees and agents (“Those Indemnified“) and keep each of them indemnified against all claims, demands, proceedings, costs and expenses (including legal expenses on a full indemnity basis) incurred by or levied against any of Those Indemnified arising from your use of the Services or any breach of these Terms by you.

GENERAL

These Terms shall be interpreted in accordance with, and are subject to, the laws of the State of South Australia in Australia without regard to the rules relating to conflict of laws. You irrevocably agree to submit all disputes arising in connection with the Services or these Terms to the exclusive jurisdiction of the courts of South Australia.

The official language of these Terms is English and any translation of these Terms into another language is given: (i) for convenience only; and (ii) on the basis that the English version will apply to determine any issues of interpretation and the English version will prevail to the extent of any inconsistency or error in the translation into any other language.

Any failure by Petrosys to enforce any portion of these Terms, or any forbearance, delay or indulgence granted by Petrosys to you, will not be construed as a waiver of Petrosys’ rights. No right arising under these Terms shall be deemed to be waived except by notice in writing signed by the party waiving the right.

If any portion of these Terms is found to be invalid, unenforceable or illegal, then that provision will be deemed to be revised to the minimum extent necessary to remove the invalid, unenforceable or illegal portion and the balance of these Terms will remain binding and in full force and effect. You agree that this is the complete and exclusive statement of the agreement between you and Petrosys regarding the Services and that all representations or prior agreements, oral or written, and all other communications between you and Petrosys relating to the Services are expressly excluded.

Access to the Site (independently of the Services) is governed by separate general terms and conditions available at http://www.petrosys.com.au/about/legals/.