INFFEWS Terms and Conditions
1. LICENCE & USE
a. Subject to these terms, Water Sensitive Cities Australia (WSCA) grants you a non-exclusive and non-transferable, non-sublicensable licence during the applicable term to install and use the Tool.
b. You agree that these terms do not transfer to you any intellectual property or other rights in the Tool.
c. You must not:
i. remove or tamper with any copyright notices on the Tool;
ii. incorporate the Tool in any product to be made available commercially;
iii. sub-license, sell or otherwise distribute the Tool; or
iv. allow anyone else to have access to the Tool without WSCA’s prior written consent.
d. You will promptly notify WSCA if you become aware of any unauthorised use of the whole or part of the Tool by any person.
2. NO WARRANTY
a. The Tool is provided “AS IS”. You acknowledge that WSCA does not guarantee the accuracy or completeness of the Tool or that it is free from error and does not make any other warranty about the Tool.
b. Except as expressly provided to the contrary in these terms, all warranties, whether express, implied, statutory or otherwise, relating in any way to the subject matter of these terms or to these terms generally, are excluded. Where any Act of Parliament implies in these terms any term, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such term, such term shall be deemed to be included in these terms. However, the liability of WSCA for any breach of such term shall, if permitted by that Act be limited, at the option of WSCA, to the replacement of the Tool or a maximum amount of AUD$500.
c. You shall be solely responsible for the use, supervision, management and control of the Tool. Except due to a breach of these terms by WSCA, WSCA shall not be under any liability to you or any third party in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the supply or use of the Tool or results therefrom pursuant to these terms.
a. WSCA can immediately terminate your access to the Tool if you are in breach of these Terms or if WSCA discovers issues with the use of the Tool. WSCA can also terminate your access to the Tool by 5 days’ notice to you for any reason.
b. You agree that, upon termination or expiry of these terms:
i. you will discontinue all use of the Tool; and
ii. all copies shall be erased from all forms of storage.
4. APPLICABLE LAW
a. These terms are governed by and are to be construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of such courts and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
5. ENTIRE AGREEMENT
a. These terms constitute the entire agreement between the parties in relation to its subject matter and supersedes any prior arrangements, agreements, representations or undertakings. No modification or alteration of these terms will be valid unless it is in writing signed by each party.