ESdat Online Terms and Conditions: (September 2015)

Limitation of Liability:

Data Ownership:
  • All data stored in ESdat Online is considered to be owned by the Licencee associated with the data.
  • The Licencee shall not upload data it does not own or have permissions to posses.
  • Laboratory Report data stored in ESdat Online will only be stored in ESdat Online so long as access or archive fees are maintained. An initial 12 months is included with a laboratory report purchase.
  • Users can continue to maintain copies of the data outside of ESdat Online.
  • Users can export data from ESdat online using the functionality provided, or exports in other formats can be provided by support, for a fee.
Data Access:
  • All data is confidential and used only by the Licencee.
  • ESdat Online support staff may need to view data in ESdat Online for the purpose of providing support services to users or addressing unit conversion or other data issues.
Credit:
  • Credit in ESdat Online cannot be refunded. Credit does not expire.
  • Subsequent to credit being applied the cost to purchase items in ESdat Online may vary. Any applicable percentage discount and duration will be unaffected.
Fit for Purpose:
  • The system is provided "as is" and the user must determine it's suitability for any particular purpose.
Modifications:
  • We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account). By continuing to use or access ESdat Online after the revisions come into effect, you agree to be bound by the revised Terms.
Dispute Resolution:
  • Any dispute will initially be addressed via consultation and negotiation in good faith and a spirit of mutual cooperation.
  • Governing Law: Usage of the software and any related disputes will be governed by the laws of the Commonwealth of NSW, Australia. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.