Terms and Conditions - Helix DeltaT Conveyor Design Website
Helix Technologies Pty Ltd
(ABN: 672 6961 4528 )
Effective Date: 11th November, 2018
OVERVIEWThis website is operated by Helix Technologies. Throughout the site, the terms “we”, “us” and “our” refer to Helix Technologies. Helix Technologies offers this website, including all information, calculations, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something or a subscription to use the software and calculations from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the website and service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - TERMS
You are the “Customer” under this Agreement if you order Services and you agree to be bound by the Agreement.
You are the “End User” under this Agreement if you are using the Service.
By Registering as an End User and signing in to this website, you agree to be bound by all the terms of this agreement.
The Terms of the agreement are subject to change by Helix at its sole discretion.
Any changes made to the agreement will be published on the website and end users must agree to any changes. Continued use of the Service constitutes acceptance of such change(s)
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2B - USAGE RESTRICTIONS / TERMSYou shall not and shall not allow a third party to:
- Copy or attempt to copy, clone, duplicate, modify, adapt, translate, or create derivative works of the Service, Software, Calculation Reports or Documentation;
- Remove or alter any proprietary or copyright notice appearing in the Service, Software, or Documentation;
- Decode the Service, Calculations, Software or Documentation for purposes competitive to Helix Technologies, or access or otherwise use the Service, Software or Documentation in order to build a similar or competitive service offering;
- Reverse engineer or attempt to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of the Software, or create derivative works, compilations, or collective works thereof;
- Use or Attempt to use any portion, sub-section or component of the Service or Software on a separate or standalone basis;
- Share your access email address and signin details with any person which may allow the person to use the Service without a valid / paid subscription
- Disclose or make any Password(s) available to any other person;
- Allow unauthorized access to, or use of, the Service;
- Upload text, images or content that would violate any applicable law or regulation or would give rise to civil liability, or that is in Helix Technologies' sole judgment libelous, defamatory, vulgar, obscene, objectionable or inappropriate.
- Use any software, automation or other automated means to access the Service, or use any data mining, data gathering or extraction method;
- Upload, post, email or otherwise send or transmit any material, including any software viruses or other computer code, files or programs, designed to overload or interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service;
- Use the Service or Software in any unauthorized or inappropriate way whatsoever, as determined in Helix Technologies' judgment, including but not limited to, by denial of service attack or burdening network capacity;
- Use the Service in any manner to, in Helix Technologies' judgment, abuse, threaten, harass, defame or otherwise infringe or violate the rights of any other person.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATIONWe are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3B - USERS CAPABILITY and ENGINEERING DESIGN EXPERIENCEThis website and service is intended for use by experienced Conveyor and Mechanical Engineering designers. The design outcomes, reports, equipment selections and results which are produced by the software and website are dependent upon accurate input data and information. Incomplete or inaccurate input of data into the program may result in incorrect or inaccurate output results or reports and it is the sole responsibility of the User to ensure that output, results, calculations and reports obtained from use of the service or website are feasible and fit for the intended purpose.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND SUBSCRIPTION TERMS / PRICESPrices and subscriptions for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5A - RIGHT TO USE SERVICE; ACCESS TO SERVICEThe products and services offered by this website are charged for on a time subscription basis based on a daily, weekly, monthly or yearly charge. When a user subscribes to use this website the user is entitled to use it for the period of the subscription which has been paid for. Access to the website requires a modern computer with a fast internet connection and web browser software supplied by third parties. Once a subscription has been purchased and paid for, full access to the calculations and functions on this website will be provided to the user for the term of the subscription. No refunds are applicable as the user is automatically given access to the website and calculations on commencement of the subscription after payment has been made and received by Helix Technologies. Suspension of Service: Your access to, and use of, the Service may be suspended temporarily for the duration of any scheduled maintenance or unscheduled downtime or unavailability of any portion, or all, of the Service for any reason, including as a result of power outages, system, or Internet failures or other interruptions. Helix Technologies also reserves the right to suspend a Customer’s subscription AT anytime with or without notification in order to protect Helix Technologies and Customer or End Users from what we believe to be fraudulent or disruptive activity. Helix Technologies is not obligated to credit or discount a paid subscription for holds or suspension of service placed on it by either a representative of Helix Technologies or by our automated processes.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATIONWe reserve the right to refuse any order or subscription you place with us. We may, in our sole discretion, limit or cancel quantities and or subscriptions purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or other account such as "PayPal"®, and/or orders that use the same billing email and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders and subscriptions that, in our sole judgment, appear to be placed by competitors, dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY MATERIALS, DETAILS and LINKSCertain content, products and services available via our Service may include equipment details and materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONSIf, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USESIn addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Helix Technologies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You (the software or website user) agree to indemnify, defend and hold harmless Helix Technologies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, (collectively referred to as "Helix" below) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL HELIX TECHNOLOGIES ("Helix") BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND WEBSITE CALCULATIONS OR REPORTS OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF HELIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HELIX TECHNOLOGIES' ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR FOR ACCESS TO THE WEBSITE.
The Software is not fault-tolerant and is not designed, manufactured or intended for use to design plant and equipment or use as on-line control or equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, or any other facilities in which the failure of the Service or Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Helix specifically disclaims any express or implied warranty of fitness for High Risk Activities.
All users who access the website and its calculations and reports must be competent Conveyor System Designers or Engineers who have an understanding and knowledge of conveyor design and an ability to recognise or identify incorrect calculation results which may be presented in the output, reports or results of calculations performed by the software and website.
DISCLAIMER Whilst care has been taken during the design and development of this computer program and website and to the best of our knowledge the selection and performance of all items specified by this program are accurate within normally accepted tolerances, the use of this program is entirely at the risk of the user. Helix Technologies and the author of the program and website shall not be liable for any claims, losses or damages or for any consequences whatsoever arising out of the use of this program or website by the user. By continuing with the use of this program and website, the user hereby indemnifies Helix Technologies all and any claims which may be made against it of whatever nature arising out of the use of the program or website.
SECTION 15 - SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATIONThe obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENTThe failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAWThese Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICEYou can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - WEBSITE / SERVICE AVAILABILITYHelix Technologies does not guarantee that the Website and services offered will be available for use at all times. From time to time the website may be undergoing modifications and or additions and may be off-line and inaccessible to users and subscribers for periods of time. Helix Technologies will endeavour to limit the off-line time, however Helix Technologies cannot and does not guarantee 100% availability of the services and website.