GENERAL TERMS OF SERVICE 20/10/2022

 1.         Definitions

  1.1      The following definitions apply, except where the context otherwise requires:

Agreement means this Terms of Service;

Confidential Information means all know-how, financial information and other commercially valuable or sensitive information in whatever form, including the terms of this agreement, names, pricing information, products, services, customers and suppliers, business models, budgets, project information, designs, patents, trade secrets, and any other materials or information of whatever description, and any other information which a party regards as confidential, proprietary or of a commercially sensitive nature that may be in the possession of a party’s employees or management.  The following are exceptions to such information:

(a)  information which is already lawfully in the public domain or enters the public domain otherwise than as a result of an unauthorised disclosure;

(b)  information which is or becomes lawfully available to the recipient party from a third party who has the lawful power to disclose such information to the recipient party on a non-confidential basis; and

(c)   information which is rightfully known by the recipient party (as shown by its contemporaneous written record) prior to the date of disclosure;

Consequential loss means any indirect, consequential, exemplary, punitive or special loss or damage of any nature, and any loss of revenues, loss of reputation, loss of profits, consequential loss, loss of data, loss of actual or anticipated savings, loss or bargain, indirect loss, lost opportunities (including opportunities to enter into arrangements with third parties) or loss or damage in connection with claims against User by third parties;

Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, trade marks, designs, patents, the right to keep Confidential Information confidential, knowhow and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions;

SCE means Sulphurcrest Engineering;

Supplied Material means all material brought or required to be brought into existence as part of or for the purpose of, performing the Services, including but not limited to, software, source codes, inventions, designs, plans, reports, manuals, other documents, information, and data stored by any means and whether or not a Service Schedule exists;

Terms of Service means service limited to the planning, estimation and quotation of services by SCE for User;

User means any party who uses the website sulphurcrest.com.au and/or communicates with Sulphurcrest Engineering by means including but not limited to post, electronic mail, text message service, telephone.

2.         Confidential Information

2.1      Where one party to this Agreement (Discloser) discloses Confidential Information to the other party (Recipient), the Recipient must:

(a)  use the Discloser’s Confidential Information solely for the purposes of performing obligations under Agreement;

(b)  keep all Discloser’s Confidential Information confidential and ensure that its employees, officers and agents do not use, any Confidential Information for any purpose other than compliance with its obligations under this Agreement; and

(c)   not disclose to any person, other than those employees, officers and agents who need to have access to the Confidential Information for the purpose of performing their obligations under this Agreement, and who have been made aware of the requirements of this clause and who are also subject to an undertaking of confidence.

2.2      The Recipient may disclose Discloser’s Confidential Information if the disclosure is required by law.

2.3      The parties will, at the election of the other party, return to the other party all documents or other records containing the Confidential Information in their possession or control or destroy them and provide proof of destruction.

2.4      The parties will, at the election of the other party, return to the other party all documents or other records containing the Confidential Information relevant to that service, in their possession or control or destroy them and provide proof of destruction.

3.         Reliance

3.1      User may rely upon advice, opinion, information and Deliverables furnished by SCE in written form only except where specified as informative, indicative, not for use or not for issue.

3.2      Oral and express forms of advice, opinion, information and Deliverables furnished by SCE must not be relied upon by User.

3.3      SCE may rely on advice, opinion, information and Supplied Material furnished by User.

4.         User Information

4.1      SCE collects information submitted by User and retain that information in a database provided by third-party website service provider Squarespace and use that information for purposes providing User services

4.2      User submission of information to SCE through this website or through other means is governed by SCE Privacy Policy

4.3      User agrees to provide current, complete, and accurate information for correspondence and transactions.

4.4      SCE will not use User information for any other purpose unless lawfully instructed by Australian authorities.

4.5      User warrants that:

(a)   User comments will not infringe any intellectual property rights or any other rights of a third party;

(b)     User comments will not contain unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website, products, services or any related website or social media channel;

(c)     User will not use a false e-mail address or contact information or pretend to be someone other than itself, or otherwise mislead SCE or any other party;

(d)     User is solely responsible for any comments User makes on SCE website or SCE social media channels;

(e)     To the extent permitted by law, SCE takes no responsibility and assumes no liability for any comments posted by User or any third party on SCE website or SCE social media channels.

5.    Access to products and services and geographic location

5.1      User understands and agrees that accessing any product or service provided by SCE via a virtual private network (VPN) or similar means that User are accessing the product or service from that country on the downstream end of the VPN to User and not the country in which User are physically located (upstream).

5.2      User irrevocably agrees to waive all User rights if User provide untruthful, incorrect, or misleading information to SCE about User physical location.

5.3      User irrevocably agrees to waive all User rights if User fail to comply with these terms of service.

6.    Conflicts of interest

6.1      User irrevocably agrees that User will inform SCE of all perceived or real conflicts of interest immediately.

6.2      SCE reserves the right to revoke any invitation to treat or any offer for any product or service provided by SCE to User if there is a perceived or real conflict of interest.

6.3      SCE reserves the right to suspend or postpone the provision of products and services to User at the time of a perceived or real conflict of interest.

7.    Disclaimer of warranties and limitation of liability

7.1      User expressly agrees that User’s use of, or inability to use, this website is at User sole risk and own responsibility.

7.2      In no case shall SCE be liable for any loss or damages whatsoever whether based in contract, tort (including due to SCE negligence), strict liability or otherwise, arising from User use of the website, or for any other claim related in any way to

7.3      User use of the website including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of website.

7.4      SCE is not liable for any consequential loss however caused suffered or incurred by User in connection with the website.