To access your nominated Product, you the Customer, are agreeing to the terms and conditions of the Agreement comprising the following documents:
(a) this Product Specific Usage Rights;
(b) the Terms & Conditions of Sale (as set out at Terms & Conditions of Sale);
(c) the Proposal accepted by the Customer (in the event a Proposal has been issued to the Customer);
(d) the Product Description; and
(e) the Invoice.
This Service is supplied by SAI Global Australia Pty Ltd ABN 14 144 974 087, Suite 7.01, Level 7, 45 Clarence St. Sydney NSW 2000 Australia,GPO Box 5420, SYDNEY NSW 2001 (Intertek Inform).
1. Definitions and Interpretations
In these terms and conditions:
“i2i Platform” means the software platform housing the Publications and/or Third Party Documents accessed and used by the User via the i2i web portal;
“Intellectual Property” means all current and future registered and unregistered rights, including copyright and trademarks, in respect of the Web Portals, the Service and/or the Publications;
“Publication” means Standards and other publications for which Intertek Inform is an authorised distributor for and as specified in the Proposal;
“Publication Connection” means the links and other cross referencing functionality created by the User in respect of the documents and/or Publications;
“Standards On-Line” means the software platform housing the Publications accessed and used by the User via the Standards On-Line web portal;
“Third Party Document” means a document (other than a Publication) uploaded onto the i2i Platform by the User;
“User ” means each user of the Web Portals authorised by Intertek Inform or, where so authorised, by the Customer, to use them in accordance with these terms and conditions; and Web Portals means Standards On-Line and i2i Platform web portals.
Other defined terms set out herein have the same meaning as those same terms set out in the Terms & Conditions of Sale unless otherwise defined herein.
2. Access to Product though Standards On-Line
In the event you are accessing the Product though Intertek Inform’s Standards On-Line, the terms set out in the main body of this document apply.
3. Access to Product through i2i Platform
In the event you are accessing the Product though Intertek Inform’s i2i Platform and/or using the functionalities of the i2i Platform, in addition to the terms set out in the main body of this document, the terms in Annexure A also apply.
4. Customer acknowledgements, rights & obligations
The Customer acknowledges that:
(a) it does not own the electronic downloaded files, printed files, any disks, documentation or manuals on which the Service or Intellectual Property is originally or subsequently recorded or fixed;
(b) may use the electronic or printed files to obtain information contained in them for its internal business purposes only (and in accordance with clause 2.2 of the Terms & Conditions of Sale);
(c) no promise, representation, warranty or undertaking (other than any contained in this Agreement) has been given by Intertek Inform or any person on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the use of the Service and the Customer relies wholly on its own skill and judgment in deciding to use the Service;
(d) no warranty or representation is made by Intertek Inform or any party connected with this Service, express or implied, with regard to the quality, utility, completeness or accuracy of the Service;
(e) the licence to use the Service terminates upon termination or expiry of this Agreement;
(f) not to use the Service or Web Portals to combine with any other information with the object of offering it on line or in any manner to third parties;
(g) all rights, title and interest (including the intellectual property rights) in the Web Portals as well as the i2i Platform shall at all times be and remain the property of Intertek Inform and/or its related bodies corporate and the Customer shall not acquire any right, title or interest in the same;
(h) Intertek Inform reserves the right at any time to make changes to either of the Web Portals without notice to the Customer;
(i) Intertek Inform does not warrant that (i) access to either of the Web Portals will be uninterrupted or error free; and (ii) functionalities of the Web Portals meet the Customer’s requirements;
(j) except for liability that by law (including without limitation by the Competition and Consumer Act 2010) cannot be limited, Intertek Inform liability to the Customer for any reason, including breach of this Agreement, however arising (including for negligence) is limited, at the option of Intertek Inform, to either resupplying the Product or the payment of the cost of having the Product supplied again;
The Customer or User may download and store electronic copies for temporary off-line uses. In event that you are accessing the Product through Intertek Inform's' Standards On-Line, the User acknowledges that downloaded copies of Standards are encoded with a predetermined expiry date, after which they cease to be accessible.
In addition to the prohibitions set out in clause 2.2 of the Terms & Conditions of Sale, the Customer or User agrees that:
(a) it will not challenge or call into question Intertek Inform’s rights to and/or ownership of Intellectual Property rights;
(b) must not reproduce documents or portions of documents provided by this Service other than in accordance with the terms of this Agreement; and
(c) it must not use the functionalities of the Web Portals and/or the Service in a manner, or associated with material that would damage the reputation or goodwill of Intertek Inform or the respective owners of the Intellectual Property.
ANNEXURE A – i2i Platform
1. Customer’s use of i2i Platform
The i2i Platform has been provided by Intertek Inform to assist the User to upload Third Party Documents and create Publication Connections.
The User warrants that it:
(a) will not misuse the i2i Platform or Third Party User’s Publication or use i2i Platform or Third Party Documents in a manner contrary to the terms and conditions of this Agreement;
(b) has the authority and/or right to upload Third Party Documents onto the i2i Platform;
(c) has the authority and/or right to configure the i2i Platform and create Publication Connections to or with Third Party Documents; and
(d) is solely responsible for any liability or loss arising from it using the functionalities of the i2i Platform, other than in respect of liability that Intertek Inform cannot exclude by operation of law (including without limitation by the Competition and Consumer Act 2010 (Cth)) and releases Intertek Inform from any claim it may have or damage it may suffer as a result of it using the i2i Platform.
2. Customer’s rights & obligations
The Customer acknowledges and agrees:
(a) not to access the i2i Platform from any terminal or location which has not been included in the number of network users or sites given to Intertek Inform by the Customer in order to determine the price of the Subscription;
(b) that the maximum number of Users that it authorises to access and use the i2i Platform shall not exceed the number of Users’ access rights it has purchased from time to time;
(c) Intertek Inform takes no responsibility for any incorrect Publication Connection or corruption or the malfunctioning of any document arising from creating any Publication Connection;
(d) Intertek Inform shall not be obliged to assist the User recover or otherwise replace any document or Publication that has been corrupted or malfunctions as a result of the User creating a Publication Connection thereinto;
(e) Intertek Inform may, from time to time, review any uploaded Third Party Document to determine whether it is illegal or violates its policies and may remove or refuse to display such document that it reasonably believes violates its policies or the law or block the User’s access to the i2i Platform. However, this does not necessarily mean that it reviews uploaded Third Party Documents as a matter of course and the User should not assume that Intertek Inform does in fact review such documents. Any inaction on the part of Intertek Inform does not mean it has waived its rights under this paragraph (e) and it shall continue to be entitled to exercise such rights at any future time; and
(f) Intertek Inform may, at its discretion, add or remove functionalities or features pertaining to i2i Platform at any time without notice.