Terms and conditions of use
Acknowledgement and acceptance
1.1 Welcome to the online learning system 'Waterco Advance' (the Services). These terms and conditions (Terms) apply to all Services provided by Waterco Ltd (ABN 62 002 070 733) or its subsidiaries, referred to in these Terms as "Waterco" or "Waterco Advance" or "Advance" or "we", "us" or "our".
1.3 We may, at our sole discretion, modify these Terms at any time. If you do not wish to be bound by these Terms, you must immediately discontinue your use of the Services. Your subsequent or continued use of the Services will constitute your acceptance of any changes.
1.4 All users are responsible and legally liable for their own activity, behaviour, use and conduct on the Services.
Description of the Services
2.1 The Services provide an online learning medium for registered users where Waterco may provide access to certain training modules and other features from time to time. We reserve the right to refuse to provide the Services to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
2.2 Waterco will update the Services from time to time, which may result in the temporary unavailability of the Services.
2.3 The use of the Services is dependent on you maintaining a suitable internet connection. The speed of the Service is dependent on the speed of the internet connection.
2.4 We do not warrant that the content will be free from errors, or will be current at all times.
Use of the Services
3.1 You must provide your full legal name, valid email address and any other information requested in order to complete the sign up process. You must keep your contact details up to date with us.
3.2 You must keep your user ID and password secure and confidential at all times. You must inform us if you are aware that someone else is using your account to access the Service.
3.3 You must not use your account to breach security of another User’s account or attempt to gain unauthorised access to another network or server. You must not interfere with anyone else’s use and enjoyment of the Services. Users who violate systems or network security may incur criminal or civil liability personally.
3.4 You must not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Services in a manner not authorised by Waterco in writing. You must not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner and any quantities not authorised by Waterco in writing.
3.5 You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Service without prior notice to you and without assigning any reason for the termination.
3.6 In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4.1 The Service, and all other services or software provided by Waterco is provided on an "as is" basis with no warranties of any kind and Waterco will not be liable for any loss or damages of any kind arising from the use of the Service. Waterco further disclaims all warranties, express and implied to the maximum extent permitted by applicable law, including without limitation, any implied warranties of merchantability or fitness for a particular purpose.
4.2 Waterco grants you a non-exclusive, non-transferable, royalty-free, limited license to use the software provided by Waterco for your personal use only. Such license may not be sublicensed or assigned or otherwise distributed to any third party in any manner whatsoever.
4.3 Waterco reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Services or any part thereof without notice, including but not limited to any rewards or discount programs.
4.4 The failure of Waterco to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of Waterco to enforce each and every provision of the Terms. A waiver of a power or right shall be ineffective unless in writing and signed by an authorised officer of Waterco.
No liabilities and indemnities
5.1 You are to use the Services at your own risk. We are providing the Services as it is, without any express or implied warranties including but not limited to, implied warranties on merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will always be safe or secure or that the Services will always function without disruptions, delays or imperfections.
5.2 You release us from any claims, loss and damages, known and unknown, arising out of or in any way connected with your use of the Services or your association with or interaction with Waterco Advance or the Services. You agree that we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or your use of the Services or Waterco Advance, even if we have been advised of the possibility of such damages. If applicable law does not allow the limitation or exclusion of damages, Waterco's liability will be limited to the fullest extent permitted by applicable law.
5.3 Waterco is not responsible for the actions, content, information or data of third parties including other Waterco Advance users.
5.4 Waterco is not responsible for any unauthorised access to the Services which may result in your details being access and/or made publicly available.
6.1 Neither Waterco nor its subsidiaries, partners, representatives and associated agents are liable to you or any third party for any loss or damage in connection with the use of the Services. This general disclaimer is not restricted or modified by any of the specific warnings and disclaimers contained in these terms.
6.2 You acknowledge and agree that by using the Services you use the Services at your own risk.
6.3 Neither Waterco nor its related companies represent or warrant:
6.4 Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your mobile phone, computer system or other device or loss of data that result from the download of any such material.
6.5 Waterco does not guarantee any level of technical support or response times.
6.3.1 that your use of the Services will meet your requirements;
6.3.2 that your use will be uninterrupted, timely, secure or free from error;
6.3.3 the accuracy of any information obtained by you as a result of your use of the Services; and
6.3.4 that defects in the operation or functionality of any part of the Services will be corrected;
6.3.5 that any third party software, services or products utilized by our Services will be free from error or meet your requirements.
7.1 You acknowledge and agree that all content and intellectual property included on Waterco Advance website and learning management system (other than your uploaded content and data), including text, graphics, logos and images or any other form of intellectual property rights derived from content of the Services is the property of Waterco and is protected by international copyright, trade mark and other intellectual property laws.
7.2 All software programs used on this site and functionality are the property of Fuse LMS Pty Ltd or its software suppliers and protected by international copyright laws. Any attempt to copy, amend, adapt, reverse engineer, disassemble, or decompile any such programs, unless explicitly permitted, is prohibited by law.
7.3 You warrant that you own the intellectual property rights in or are entitled to use any Content which is uploaded or transmitted when using the Services. You warrant that the uploading of this content by you does not breach any third party’s intellectual property rights.
7.4 You indemnify and will at all times keep Waterco and Fuse LMS Pty Ltd indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party's intellectual property rights.
8.1 Waterco will endeavour to take reasonable care with any information provided by you when accessing the Services. However Waterco does not warrant and cannot ensure the security of any information which you may provide. Information you transmit is entirely at your own risk.
Third party websites
9.1 Content on our Services may link to third party websites which are not owned or operated by Waterco. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
10.1 These Terms will take effect and be construed in all respects in accordance with and governed by the laws of New South Laws Australia. The parties irrevocably submit to the exclusive jurisdiction of New South Wales courts for all proceedings arising in connection with these Terms.