Terms & Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PHAST4U OFFERS YOU ACCESS TO OUR SERVICES.
Introduction.
Welcome to phast4u’s User Agreement. This Agreement describes the terms and conditions that govern your use of our services at either http://www.phast4u.com.au/ or http://www.phast4u.com/ (the "Site").
You must read, agree with and accept all of the terms and conditions contained in this Agreement, which include those terms and conditions expressly set out below before you may use phast4u.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. This Agreement may not be otherwise amended except in writing signed by you and phast4u.
"phast4u" is a trading name of Bow-Tie Consulting Proprietary Limited registered in Australia, ABN 87 139 045 177.
"the service" shall mean the consultancy, modeling services or other work which phast4u offers to perform for the customer.
“the results” shall mean the reports, graphs and video files captured from Phast and provided to the customer.
“the customer” shall mean the person, entity or company for which phast4u is carrying out the work.
"your information" is defined as any information you provide to us during the use of our service through any email feature. Your information includes your entries into the spreadsheets you upload to the Site.
Fees and Services.
When you use phast4u you will be charged a fee. When you place an order you have an opportunity to review and accept the fees that you will be charged for the use of our services. Any changes to the fees are effective when they are displayed on the Site. However, we may choose to temporarily change our fees for our services for promotional events (for example multiple runs discount) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you).
GST.
Goods and Services tax will be added to all orders received from within Australia in accordance with the applicable law. No GST will be added to orders received from countries other than Australia.
Ownership of Results.
Ownership of the results achieved by phast4u shall vest in the customer. Ownership of all skills knowledge know-how techniques and methods employed in obtaining the results insofar as such skills knowledge know-how techniques and methods have their origin in the skill and endeavor of phast4u shall vest with phast4u.
Model Version.
Phast4u will use the most up to date version of Phast (within one month) supplied by Det Norske Veritas.
5 Run Guarantee.
We understand that there are times when the first model definition is unable to be run in Phast (for example a jet fire was angled down and impinged on the ground or one of the many parameters was outside the range permitted by Phast). Whatever the reason, if Phast is unable to perform the modeling, then under the 5 Run Guarantee we will allow you to resubmit the model so the results will be produced.
Our unique 5 Run Guarantee allows you to run the model up to five times, including the first submission, with no additional cost, to ensure that Phast is able to produce results.
We are not offering you five sets of results for the price of one but for the same price you will get the results even if it takes 5 attempts. If after 5 attempts are made you still have not obtained valid results, you will have to purchase another model run. No refund will be provided in this case.
If Phast is able to produce some results but not others then we will contact you to confirm if you want to run a revised model or you will accept only the results that have been produced.
Confidentiality.
The service, all information supplied by the customer and all results are confidential to the customer and will not be discussed with or disclosed by phast4u to a third party without the prior permission of the customer. This clause shall not apply to information which can be proven to have previously been known to phast4u or which is, or becomes available to phast4u by lawful means or which is already in the public domain.
However, due to the use of the internet for the transmission of customer information, phast4u cannot guarantee that information sent over the internet is secure. Phast4u provides no warranty that communication over the internet will not be accessed by third parties.
Your Information.
Your information (including but not limited to any items listed) must not:
1. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
2. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Accuracy of Submitted Data.
The customer is responsible for ensuring the accuracy of the data that is provided to Phast4u. No refund will be provided for submission of incorrect data.
Force Majeure.
phast4u shall not be liable in respect of any failure or delay in fulfilling its obligations hereunder so long as such failure or delay results from any cause beyond the reasonable control of phast4u and in the event of any such failure or delay the time for performance of any such obligations shall be extended correspondingly.
Release.
Because we are not involved in the actual design or production of Phast or in the use of the results by the customer, in the event that you have a result that does not meet your requirements (for example caused by errors in Phast or through misreading a graph), you release phast4u (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such results.
Fraud.
Without limiting any other remedies available to phast4u at law, in equity or under this Agreement, phast4u may, in its sole discretion, suspend or terminate your use of our services if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.
Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
No Warranty.
WE PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that phast4u is able to limit the remedies available under this Agreement, phast4u expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at phast4u’s sole discretion):
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
No warranty is given that the results of the model are suitable for your requirements. The user must undertake their own enquiries to ensure that the model results are suitable.
Limitation of our liability.
You acknowledge and accept that by using this service our liability to you will be limited as follows:
1. Subject to and without limiting clauses [2], [3], [4] and [5] below, our total aggregate liability to you for any claim related to or connected with your use of this service is limited to 100% of the cost you pay for the service.
2. The law implies various terms, conditions and warranties which may apply to our supply services to you. We exclude all of those terms, conditions and warranties, and any other term condition and warranty that might have otherwise have been implied by custom or otherwise, to the full extent permitted by law.
3. Provisions of the Competition and Consumer Act (Cth) 2010 in some cases either cannot be excluded, restricted or modified, or can only be restricted or modified to a limited extent. If any such provisions do apply, then to the extent permitted by law our liability to you under those provisions is limited to the supplying of the services again, or the payment of the cost of having the services supplied again.
4. To the extent permitted by law, we will not be liable to you in respect (whether such claim is made under an indemnity or otherwise) or on any other basis for any loss of profit, data, information, confidentiality , goodwill or business, loss of opportunity, increased financing costs, any failure to realise anticipated savings or for any consequential, indirect, special, punitive, remote or incidental damages.
5. We rely on the statements set out in this clause 5 as essential conditions of this agreement and your use of our services. You have not relied on any representation made or implied by us or arising out of or implied by our conduct save for as expressly set out in this agreement. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in this agreement, you are not proceeding in reliance on the representation. We make no promise, representation or otherwise in relation to any benefit you may obtain by using our services save as set out herein and we in no way guarantee any increased sales, transactions, revenue, goodwill or profit or any other benefit that may flow from you having used our services. You acknowledge and accept that the utility and accuracy of any outputs from the use of our services is reliant on the operation of the internet which is fallible, software which we did not create and the accuracy of the data you provide and you assume those risks when using our services. We are not liable to you in any way whatsoever for any inaccuracy in the outputs of our services whether you rely upon such outputs or otherwise.
No Agency.
You and phast4u are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Arbitration.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.