ESdat Online Terms and Conditions: (September 2015)
Limitation of Liability:
Whilst all care has been taken with the provision of ESdat Online, neither EScIS nor its suppliers or other related entities are able to accept financial or other liability incurred by users or organisations as a result of using or storing data in ESdat Online. This may include, but is not limited to the following:
- Service unavailability, unless explicitely agreed in writing. Service unavailability may be due to network, software, hardware or other issues.
- Accuracy of the data received into, or provided by ESdat Online. ESdat Online presents the data as provided to ESdat Online by laboratories. It is the responsibility of the laboratory or end user to confirm the accuracy and completeness of the data uploaded to ESdat Online.
- Flagging or other indication of exceedances of Environmental Standards (Guidelines), that are not in actuality, Exceedances; nor the failure to Flag or Indicate Exceedances in any dataset. It is the responsibility of the end user to confirm the accuracy and completeness of comparisons with Environmental Standards (Guidelines) as applied against the data they are reporting.
- Laboratories being unable to upload into ESdat Online. Compatibility of a specific laboratory should be checked with the laboratory.
- Defects or Bugs. It is not guaranteed that the software is completely free of defects or bugs. If any issue is identified in the software, EScIS will undertake to correct it as soon as practically possible.
- Security Breach: Unauthorised access to data, such as via obtaining a users password.
- 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.
- 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.
Fit for Purpose:
- 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.
- The system is provided "as is" and the user must determine it's suitability for any particular purpose.
- 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.
- 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.