Introduction
ChemCloud Pty Ltd and its related bodies corporate operate the following websites across desktop, mobile, tablet and apps (including any subdomains): chemcloud.com.au, collectively known as the “Websites” in these Terms of Use.
These Terms of Use and our Privacy Policy form the basis on which you may access and use our Websites. If you browse or otherwise access any content or data on the Websites, you agree to be bound by these terms.
We reserve the right to change any or all of our Terms of Use or other conditions for using our Website at any time by publishing the new terms or conditions on our Website. Your use of our Website constitutes your acceptance of those terms. Should you object to any of our Terms of Use or other notices on our Website your sole option is to immediately cease your use of our Website.
In these Terms of Use, the expressions “we”, “us” and “our” are a reference to ChemCloud Pty Ltd (“ChemCloud”).
Website Content
While we will take reasonable care in preparing and maintaining the information on our Website, we do not warrant the accuracy, reliability, adequacy, completeness or fitness for any use or purpose of any of the Website content, nor do we undertake to keep the Website updated (including, but not limited to, any content or information generated on our Website by or on behalf of us, and any third party content on our Website). You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication.
We do not warrant that content, links, or subdomains contained on, or associated with our Website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our Website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
ChemCloud and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Website or publications.
Website Use and Restrictions
In accessing or using our Website, you represent and warrant that:
•your use of our Website will comply at all times with these Terms of Use and any directions we make to you in relation to your use of our Website from time to time;
• the information you supply on registration or for any means of contact through this Website is accurate in all respects and if any information changes, you will promptly notify us in writing;
• you will make sure that you keep your username and password by which you access your account confidential and secure at all times; and
• you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to ChemCloud.
In accessing or using our Website, you also represent and warrant that you will not:
• use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any content on our Website;
• use any device, software, process or means to interfere or attempt to interfere with the proper working of our Website;
• undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem to be unreasonable or disproportionate site usage;
• use or index any content or data on our Website for purposes of:
o constructing or populating a searchable database of chemicals;
o building a database of chemical information; or
o competing with us in any manner that we have not specifically authorised;
• transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
• use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable or not for the purpose which it is made available;
• violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
• pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
• act in violation of any Term of Use or other condition posed by us or any applicable law;
• reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
• transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Third Party Links, Advertising and Content
Our Website may contain content provided to ChemCloud by other parties, as well as advertisements, hyperlinks and pointers to websites operated by third parties. ChemCloud does not have a practice of monitoring or making inquiries about third party content. Any third party websites do not form part of our Website and are not under the control of or the responsibility of ChemCloud. When you link to those websites you leave our Website and do so entirely at your own risk. ChemCloud and its related entities make no warranty as to the accuracy or reliability of third party content and information contained on any third party websites.
ChemCloud and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party content or websites. A display of third party content or advertising does not imply an endorsement or recommendation by ChemCloud.
Online Chat
These Terms of Use and our Privacy Policy apply to your use of ChemCloud’s online chat service (“Online Chat”) and any information provided via that Online Chat. If you are under 18 years of age, you must obtain the consent of a parent or legal guardian prior to using Online Chat.
While ChemCloud will try to ensure a response to all Online Chat requests within 12 hours, ChemCloud makes no warranty that Online Chat will be available at all times or that the Online Chat will be fault free. If the Online Chat is not available, for any reason, we will attempt to direct you to another ChemCloud contact.
You agree that you will not send Online Chat messages that are abusive, discriminatory, defamatory, obscene, pornographic or otherwise inappropriate. ChemCloud may at any time discontinue an Online Chat session if you breach these Terms of Use or if you misuse the Online Chat in any way.
Without limiting these Terms of Use, to the extent permitted by law, ChemCloud and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from your use of, or reliance upon Online Chat whether or not this is caused by a negligent act or omission.
Submissions
In this section ‘Submissions’, means information including data, text, video, still images, audio, editorial content, articles or other material that ChemCloud has permitted you to host, share, publish, post, store or upload on our Website as permitted under these terms.
Any Submissions on our Website are of a general nature only. ChemCloud may at any time, without liability to you, remove, alter or disable access to any or all of your Submissions in its sole discretion without prior notice to you. Without limiting the previous sentence, ChemCloud may remove or disable access to any or all your Submissions if it considers that:
• those Submissions are in breach of any law or regulation;
• those Submissions infringe the intellectual property rights of any third party;
• it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
• those Submissions are misleading or deceptive, inappropriate or likely to cause offence, materially incorrect or defamatory, obscene or unlawful, or corrupted (due to the presence of a virus or other disabling code).
You retain all of your ownership rights in your Submissions and we are under no obligation to treat your Submissions as proprietary information.
To the extent that any Submissions are proprietary in nature, you grant ChemCloud a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Submissions throughout the world in any medium, whether currently in existence or not. You also grant each user of our Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Submissions as permitted by ChemCloud and these terms.
You grant ChemCloud, in respect of Submissions to its Website the right to use your name or the name you submit with the Submission, and, the right to represent and warrant that:
• you own and control all of the rights to the Submissions; or
• you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise ChemCloud to display the Submissions.
For any Submissions that you may retain moral rights in, you declare that you:
• do not require that any personally identifying information be used in connection with the Submission, or any derivative work, upgrade or update of the Submission; and
• understand that when accessing our Website, you may be exposed to the Submissions of other users of our Website. You acknowledge and agree that ChemCloud does not have control of and is not responsible for these other Submissions. You release ChemCloud from any claims that you could assert against ChemCloud relating to or in connection with these other Submissions.
You represent and warrant that:
• you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise ChemCloud to display your Submissions; and
• you will not make any Submissions that:
o infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Submissions made by you;
o are misleading or deceptive, defamatory, materially incorrect or likely to cause offence; o directly or indirectly involve the advertising or marketing of any products or services;
o are obscene, including pornographic, hateful, racially or ethnically offensive material; or
o are otherwise inappropriate, unlawful or encourage unlawful conduct.
Platform Providers
Our apps and some of our products on our Website are provided subject to the platform or software provider’s terms, including: Bubble, Intercom, and FullStory / Google Analytics.
You must comply with the relevant platform or software provider’s terms when using our Website (to the extent applicable).
Linking to our Website
You may only link to content on our Website if we consent. If we do allow you to link to our Website, it is on condition that you do not:
• attribute a link to ChemCloud content as being a link to your own or someone else’s content;
• attribute a link to our Website and then link somewhere else;
• frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
• link to our content as part of a website that aggregates chemical listings and/or information or competes with us in any manner.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
Intellectual Property
The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, ChemCloud grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of ChemCloud copyright material beyond such use, written permission must be obtained directly from ChemCloud or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Limitation of Liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, and to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option, to the re-supply of services or payment of the cost of re-supply of services or the replacement or repair of goods or payment of the cost of replacement or repair.
In no event shall ChemCloud be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with these Terms of Use or the Website. Notwithstanding anything to the contrary herein, the aggregate liability of ChemCloud and its related entities to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to $100.00.
Indemnity
You agree to indemnify and hold ChemCloud and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to our Website or making Submissions not in accordance with these terms.
Jurisdiction
Your use of our Website, these Terms of Use, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
Last update: July 2021
