Website Terms & Conditions
Before accessing this website (http://www.petrosys.com.au – hereinafter “the Site”) 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 and use the Site.
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 on the Site.
1. USE OF SITE 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 Site (“Site 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 Site Content, your access to and use of all Site Content is subject to these Terms including but not limited to sections 3 (No Warranty) and 4 (Limitation of Liability and Indemnity).
You may use the Site Content only for your internal business purposes. 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 Site Content.
Some portions of the Site may allow access to downloadable Site Content (including but not limited to software and software release notes, 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 Site itself, the Petrosys software or any other software accessible via the Site. You must not reverse assemble, reverse compile or decode any such software or attempt to ascertain the source code by any means.
A cookie (also known as a HTTP cookie) is a small piece of data sent from our website to your web browser. Your browser will store this cookie and return it to us when you browse pages on our website. Cookies are used to remember the ‘state’ of activities performed on our site. For more information on cookies, please visit: http://en.wikipedia.org/wiki/HTTP_cookie.
The Petrosys website only uses Session Cookies. These cookies will expire at the end of your browsing session. We only use these cookies to ensure a consistant experience while using our website. We do not use these cookies for tracking, marketing or advertising. Further to this, we do not use permanent cookies or flash cookies as part of our website service.
Internet Explorer: http://support.microsoft.com/kb/278835
3. TRADEMARKS AND INTELLECTUAL PROPERTY
Petrosys (and its licensors as applicable) retains all intellectual property and other rights associated with the Site 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®“, 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 this Site should be directed by email to: firstname.lastname@example.org.
Unless otherwise agreed between you and Petrosys in writing, you acknowledge that all questions, comments, suggestions, ideas or other information that you provide to Petrosys via email, postings on the Site or 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 Communication is made. To the extent that Petrosys is prohibited by law from becoming the sole owner of any User Communication, 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 Communication (in whole or in part) and to incorporate the User Communication into the Site Content 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 Communication.
4. 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 SITE AND SITE 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 SITE CONTENT WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE OR SUITABLE FOR YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU ARE WHOLLY RESPONSIBLE FOR YOUR USE OF, OR RELIANCE ON, THE SITE CONTENT. YOU AGREE THAT YOUR USE OF ALL DATA, TECHNICAL INFORMATION, SOFTWARE, DOCUMENTATION OR OTHER SITE 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. PRIOR TO USE OF ANY SITE CONTENT, YOU SHOULD TAKE REASONABLE MEASURES TO INDEPENDENTLY VERIFY THE ACCURACY AND RELIABILITY OF THE SITE CONTENT.
To the extent that the Site Content includes materials provided by third-parties or links to third-party websites or other materials (“Third-Party Materials“), Petrosys cannot control the availability and content (and does not warrant the 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 websites accessible via this Site, nor that of any external websites linking to this Site.
5. 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.
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 any breach of these Terms by you.
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 Site 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 deleted to the 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 Site and that all representations or prior agreements, oral or written, and all other communications between you and Petrosys relating to the Site are expressly excluded.