Terms of Service
Terms and Conditions
- Use of the Platform is governed by the Terms and Conditions.
- Registration as a User constitutes acceptance of these Terms and Conditions in full as from the time of registration.
- Nureka may at any time change the Terms and Conditions, including the look, feel, format and content of the Platform, as well as the products and/or services as described in this Platform. Changes will be advised by posting online. Changes will take effect when posted to the Platform. Your continued use of this Platform after changes are posted constitutes your acceptance of the Terms and Conditions as so changed.
- Nureka will use all reasonable endeavours to ensure that the Platform is operational at all times. Nureka will use commercially reasonable efforts to make the Included Products and Services each available with a Yearly Uptime Percentage of at least 98%, in each case during any yearly billing cycle. In the event any of the Included Products and Services do not meet the Service Commitment, you will be eligible to receive a Service Credit calculated as a percentage of the total charges paid by you.
- Any content, are provided to you on an “as is,” “as available” basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which Nureka expressly disclaims.
- Your use of the content is at your own risk.
Principles of Operation
The Platform is a place where oil and gas challenges find solutions, where innovators can showcase their solutions to a global oil and gas market with potential to access potential funding sources and investors. The Platform provides both innovation and collaboration capability within a single platform structure, for users across the entire oil and gas ecosystem.
Through the Platform, Users have the opportunity to access solutions and post challenges to operational, production and processing issues, business systems, technical, services, asset management, equipment maintenance problems and view innovate concepts and new products.
In particular Users can:
- List Challenges
- Provide Solutions to Challenges
- List New Concepts
- Collaborate (Share/Request)
- Assess Investment Opportunities
- Nureka does not warrant the accuracy, completeness, currency, or reliability of the content of the Platform, and Nureka will not be liable or otherwise responsible for any failure or delay in updating the Platform or any content. We have no duty to update the content of the Platform. You are responsible for any results or other consequences of accessing the Platform and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by Nureka.
- These Terms and Conditions do not exclude warranties which Nureka cannot, by law, exclude.
Limitation of Liability
- Except for its own fraud, willful default, negligence Nureka is not liable for any direct, indirect, incidental, punitive, consequential, or special loss or damages arising out of or in any way connected with your use of the Platform.
- This limitation of liability may be different in connection with specific products and services offered by Nureka. Some jurisdictions do not allow the limitation of liability, so this limitation may not apply to you.
- Subject to the foregoing, if Nureka becomes liable for any breach of any non-excludable condition or warranty, the liability of Nureka shall be limited to refunding your User subscription for preceding 12 months (or shorter if you have not been a User for 12 months).
Copyright and other intellectual property law
- The copyright that any User has in any material it posts to the Platform remains with that User.
- Nureka has and retains copyright in the Platform itself and the manner in which it is displayed and presented, and this property is protected by Australian and international copyright laws, other intellectual property laws and treaty provisions.
- You may access, download and print materials on this Platform solely for your commercial use.. No right, title or interest in any of the materials contained on this Platform is transferred to you as a result of accessing, downloading or printing such materials..
- Nureka respects the intellectual property rights of others and expects our Users to do the same. The policy of Nureka is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at insert contact details.
Use of Platform
- As a condition of your use of the Platform, you warrant to Nureka that you will not use the Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.
- You may not (and must procure that employee, contractor, agent or other person connected with you does not) copy, store, modify, reproduce, transmit, reverse engineer, decompile, disassemble or distribute a significant portion of the Content on this Platform, or the design or layout of the Platform or individual sections of it, in any form or media.
- The systematic retrieval of data from the Platform is also prohibited.
User submissions and communications - Public Areas
- You warrant that you own, are solely responsible for or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Nureka and all of its servants and agents for all claims resulting from content you supply.
Interaction with other Users
- You are solely responsible for your interactions with other Users. Nureka reserves the right, but has no obligation, to monitor disputes between you and other Users.
- Nureka provides a template confidentiality agreement for interactions between Users and the template is attached at Annexure C. Nureka does not warrant the effectiveness of this template or any agreement entered into based on this template and is not liable or responsible for any failure or error in this template or any document based on this template.
Reservation of rights
- Nureka reserves the right (but is not obligated) to do any or all of the following:
- Examine an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communications.
- Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a User’s access to any or all Public Areas and/or the Platform upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- You agree to defend, indemnify, and hold Nureka, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Information and data risk
- The Platform encrypts internet communications. Business information associated with you as a User is stored on the Platform. It is your responsibility to ensure you accept this risk. Nureka will not accept any responsibility for any loss suffered as a result of any information being acquired by a third party.
- E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any e-mails or materials through the Platform that:
- are defamatory, threatening, obscene or harassing,
- contain a virus, worm, Trojan horse or any other harmful component,
- incorporate copyrighted or other proprietary material of any third party without that party’s permission or
- otherwise violate any applicable laws. Nureka shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms and Conditions, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
- You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Platform or any material or content displayed on this Platform.
- The Platform is directed to individuals and entities located in Australia. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Platform and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorised to access or use any of the information on this Platform. Nureka makes no representation that the information, opinions, advice or other content on the Platform is appropriate or that its products and services are available outside Australia. Those who choose to access this Platform from other locations do so at their own risk and are responsible for compliance with applicable local laws. If you are using this Platform outside Australia, you agree to comply with all local rules regarding the internet, data, e-mail, privacy and copyright and trademark infringement
- These Terms and Conditions are governed by and construed in accordance with the State of Western Australia. In the event that a dispute arises from these terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.
Nureka operates in accordance with the Australian Privacy Principles (APPs). These principles are set out in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and relate to the Privacy Act 1988.
A copy of the Act is available at: http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/
- We will keep your information including any disclosures you make for your own purposes in using the Platform confidential and only use it:
- consistent with the purpose of the Platform in the context of your User Account Type.
What is personal information?
What personal information do we collect and hold?
- We will ask you to provide us with information about yourself when you subscribe on the Platform.
- We may collect the following types of personal information:
- mailing or street address;
- email address, telephone number and geographical location;
- any additional information relating to you that you provide to us directly or indirectly through use of our Platform.
How do we protect your information?
- Nureka have internal controls and procedures to ensure that all personal information remains confidential and is securely stored (electronically or in hard copy). Nureka employees and contractors are trained in privacy controls and procedures. To protect your personal information, Nureka maintains security of your information by using locks, security systems, data storage facilities, password protected devices, lockable filing cabinets and appropriate information technology security systems and processes.
- We will take reasonable steps to protect your information from loss, misuse, unauthorised disclosure or destruction, including by means of firewalls, password access, secure servers and encryption of credit card transactions.
- In order to enable us to meet our obligations under the Act and to ensure the operation of the Platform, we may need to allow our authorised staff and contractors access to your information. The staff and contractors are required by contract and policies to maintain the confidentiality of your information.
- If you suspect any misuse or loss of, or unauthorised access to, your information, please let us know immediately.
For what purposes do we use your information?
- We use the information that we collect about you to:
- provide you access to the Platform;
- respond to any enquiry you have;
- provide support related to aspects of the Platform;
- improve your Subscriber experience;
- facilitate quick retrieval of relevant information;
- alert you to updated information on the Platform;
- investigate problems, resolve disputes or enforce our Terms and Conditions;
- for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers;
- as required or permitted by any law (including the Privacy Act).
When do we disclose your information?
- Generally, we will disclose your information for the purpose of assisting us to provide to you the services available through our Platform. We will make the information we collect from you available to third parties:
- when you give us permission to do so;
- safety, quality assurance and improvement activities;
- managing, monitoring, planning and evaluating our Services;
- testing and maintenance of information technology systems;
- when it is reasonably necessary in order to enable us to make the Platform and the Services available to you;
- for the purposes of product development, research or statistical analysis;
- risk management activities (including liaising with our insurers and legal representatives);
- responding to complaints or inquiries about our activities and Services;
- obtaining advice from consultants and professional advisers;
- when it is reasonably necessary to facilitate payment of your purchase;
- when we reasonably believe it is required or authorised by law; and
- when it is reasonably necessary for enforcement related activities.
- as necessary to assert our rights.
- Your information may be used or disclosed for research, or for the compilation or analysis of statistics. Where your information is disclosed or published for research or statistical purposes, the information will be de-identified and will not contain material capable of identifying you.
How you can access, correct or amend your personal information
- You can make a request to access, correct or amend your personal information held by Nureka at any time by contacting us.
- Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity.
- There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
- If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
- Users will generally be able to access and update their account details online. We request that you keep your information as current as possible so that we may continue to improve our services to you.
- If you have a concern or complaint about the way in which your personal information is being managed, please contact us.
How to contact Us
- We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
- You may do so by:
- email to email@example.com
- writing to us at Nureka Pty Ltd, Level 11, 216 St Georges Terrace, 6000 Perth WA
Complaints to the Australian Information Commission
- If you have a complaint about our compliance with the Act and we have not resolved your complaint within 30 days after you first notified us of your complaint, you can refer your complaint to the Australian Information Commission by visiting their Platform http://www.oaic.gov.au/ or calling 1300 363 992