Terms of Use
About Ultradesigner
The Ultradesigner software and internet based database are owned and operated by Ultrafloor (aust) Pty Ltd (ABN: 83 114 703 838).
The Ultradesigner is computer software, primarily involved in assisting Users to design with products related to the daily activities of the Company. The role of this software is to facilitate the use of the Company’s products by external parties such that they may design our products in a manner approved by the Company. The User expressly acknowledges that Ultradesigner is a design aid only and that the User remains wholly responsible for the design of any building element notwithstanding the fact that Ultradesigner may have been used to aid in the development of that design.
General
This agreement constitutes the whole agreement between the Company and Users of the Ultradesigner. If any part of these Terms of Use are unenforceable under law then they shall be severed individually, with the remainder of the agreement left unaffected.
Persons using the website acknowledge that all correspondence concluded on the internet based database is made in New South Wales. These Terms of Use shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the New South Wales courts.
These Terms of Use of use shall apply at all times during the use of or access to the Ultradesigner. In the event of a Termination of Ultradesigner Access by the Company where a Person is no longer authorised to use or access the Ultradesigner, all restrictions imposed under these Terms of Use shall survive the termination.
These Terms of Use apply whenever you access the Ultradesigner, regardless of how you do so. A Persons use of and access to the Ultradesigner indicates their acceptance of these Terms of Use in full. Please read these Terms of Use carefully, as access to the Ultradesigner confirms that you have agreed to be bound to them. Should you object to any of the Terms of Use herein, you should immediately stop using the Ultradesigner.
The Company reserves the right to change these Terms of Use at any time in the future without further notice. Your continued use of the Ultradesigner after any such changes constitutes your acceptance of the new terms.
If the Company does not act in relation to a particular breach by you of these Terms of Use, this shall not be treated as a waiver by the Company of our right to act with respect to subsequent or similar breaches.
Your use of the Ultradesigner is entirely at your own risk.
We appreciate and will consider any comments or ideas you may have regarding the Ultradesigner. Note that by doing so, you irrevocably assign free of charge to the Company, all worldwide rights, title and interest in all copyrights, patent rights, and all other intellectual property rights in respect to your comments or ideas.
Company Obligations
The terms that apply to the Company’s supply of the Ultradesigner are those that are set out in this document and those implied by consumer protection laws that are unable to be excluded. No other terms apply.
The Company will at all times apply due diligence commensurate with its supply of results returned through the Ultradesigner. However all input information specific to a project is created by external User and is not strictly controlled by the Company. Although in good faith we may believe all information is correct we do not provide any guarantee in relation to the accuracy of this information.
The Company acknowledges that they:
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Should keep the Ultradesigner up to date with products and engineering outcomes
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Ensure wherever possible that the Ultradesigner is used in a manner that befits the aims of the
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Company, and does not bring the Company into disrepute
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Should maintain supply of access to the Ultradesigner for Registered Users
User Obligations
All Persons using the Ultradesigner agree to be bound by the entirety of the Terms of Use contained within this document.
All Persons hereby acknowledge that they:
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Are at least 18 years of age
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Are qualified to practice as a Structural Design Engineer within Australia
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Will make reasonable attempts to ensure that the design advice entered into the Ultradesigner interface is accurate, and that the results returned by the Ultradesigner are adhered to
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Are resident within Australia
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Are lawfully competent to enter into this or any other contract
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Will not manipulate, or interfere with, the content within the Ultradesigner
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Will not reproduce, communicate, publish, or distribute any of the content of the Ultradesigner without prior written approval from an authorised officer of the Company
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Will not data mine content on the Ultradesigner
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Will not conduct automated searches on the content of the Ultradesigner using software additional to that supplied by the Company
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Will not make false, misleading or deceptive claims
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Will not impersonate another Person
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Will not submit material that could identify another Person or could be used to identify another Person without that Person's prior authority
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Will not knowingly transmit any virus, worm or other disabling feature to or via the Ultradesigner
Cost of Service
Ultradesigner is provided free for use by Registered Users. Ongoing use of Ultradesigner can be controlled by the Company to ensure that the software is being used by Users whom the Company considers to be suitable at the time.
Changes to Terms of Use
We reserve the right, to modify or remove portions of these Terms of Use at any time. Any amendments made to these Terms of Use will be considered effective immediately upon the User accepting these Terms of Use by downloading the Ultradesigner.
Privacy
The Company will collect personal information about you through the oline registration and the Ultradesigner itself. All information collected about you is subject to our Privacy Policy which can be viewed on the Ultrafloor website. By accepting the Terms of Use herein you agree to be bound by our Privacy Policy.
Termination of Ultradesigner Access
The Company reserves the right to suspend, limit or terminate Ultradesigner access to any Person without warning for any reason it considers warranting such action to be taken. This may be as a result of, but not limited to:
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A breach of these Terms of Use
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Providing false, misleading or deceptive information
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The use of offensive or inappropriate material
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Defamatory comments
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We reasonably believe that a User is working directly for, or in close association with, a competitor of the Company
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We reasonably believe that there is a real risk of loss or damage to the Company or another Person
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Attempting to use the Ultradesigner under a pseudonym
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Inappropriate use of the Ultradesigner
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Repeated incidence of showing poor engineering judgement whist using the Ultradesigner
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The User using a version of the Ultradesigner which the Company has identified as having been superseded by a critical update
Any Person who has had their access to the Ultradesigner suspended, limited or terminated, must not circumvent this action by any means, including attempting to register under another name or pseudonym. If the Company identifies that this has taken place, the User may be de-registered immediately without further notice.
A Person may query the Company if their access to the Ultradesigner has been suspended, limited or terminated by contacting us as noted below (Contact Information).
Liability
The Company provides the software to you subject to all defects whether patent or latent, and does not warrant or guarantee to you that the software will be available for use at all times nor free from faults, errors or computer viruses. Nor does the Company warrant or guarantee that the internet based database is secure.
The Company does not guarantee or warrant that the information within the Ultradesigner is accurate, current or complete and will not be held responsible for any errors therein. As such the Company accepts no liability to Users of the Ultradesigner for any loss or damage suffered by them as a result of reliance upon any of the information supplied by the Ultradesigner.
The Company does not warrant or guarantee that all Users of the Ultradesigner are legally entitled to practice as a Structural Design Engineer within Australia or any other country. A User must be able to verify that they hold suitable qualifications to do so if and when requested by the Company.
The Company does not warrant or guarantee that the content of the Ultradesigner complies with the design codes of any country outside of Australia. If you access the Ultradesigner for use in projects outside of Australia, you do so at your own risk.
Certain rights may be available to Persons under the Trade Practices Act and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company excludes all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the discretion of the Company, to re-supply of the service.
By accepting these Terms of Use, you agree that you will not hold the Company liable for and will indemnify us against any liabilities, expenses, losses, damages or costs (including legal costs), that may be incurred by you or a third party as a result of using of the Ultradesigner.
Copyright
The subject matter in Ultradesigner is subject to copyright, and belongs to the Company. Users obtain no interest in that property. Users may not do anything which interferes with or breaches the intellectual property rights of the Company. The Company grants Registered Users permission to use this copyright material in strict conformance with these Terms of Use, provided you do not modify the content in any way.
Contact Information
If at any time you have any questions in relation to these Terms of Use you can contact:
Ultrafloor (aust) Pty Ltd
Email: info@ultrafloor.com
Definitions
Company: Means Ultrafloor (aust) Pty. Ltd. (ABN: 83 114 703 838)
Person: Means an individual, sole trader, partnership, agent, corporation or other legal entity
Registered: An approved User status. A Registered User is one that has undergone the registration process in the first instance, and has an ongoing approval by the Company to use the Ultradesigner
Ultradesigner: The software program, and any associated revisions/upgrades as supplied by the Company for the purpose of the User designing products produced by the Company. For the purposes of this contract this includes the internet based database relating to use of the Ultradesigner
User: Means the Person using the Ultradesigner software