Please note that this website, and in particular the Engineering Toolbox, are provided for the use of our clients or future clients. We retain the right to refuse access to the registered area of the website to anyone, on any basis, without justification of the decision.
Table of Contents - Terms & Conditions
1.0 Definitions
2.0 General Description
3.0 Purpose
4.0 Warranty and Liability
5.0 Indemnification
6.0 Force majeure
7.0 Copyright and Intellectual Property
8.0 Access to the Service
9.0 Refunds
10.0 Personal Data
11.0 Prohibited Conduct
12.0 Software
13.0 Training Materials
14.0 Community Forum
15.0 Linking to this website
16.0 Modifications to this contract
17.0 Duration and Termination
18.0 Enforceability
19.0 Applicable law and jurisdiction
1.0 Definitions
- Service: The services covered by these terms and conditions including, but not limited to, general information presented on the Site, reference material, analysis tools and software, use of the community forum, any activity inside of the IES Engineering Toolbox and access to IES training presentations.
- User: The User is any person or company who uses the Site or any of the services made available by the Site. If you are accessing the Site as an employee or agent of another, “User” refers to you, your employer and their insurer.
- Subscriber: refers to any person or entity that purchases access to the paid membership sections of the Site.
- Site: The website www.integrityes.com and other associated locations maintained by IES on the World Wide Web, including all training videos, workbooks, training courses, and any other materials.
- Identifier: The term "Identifier" covers all information required to identify a User on the Site to allow access to the areas of the Site which are reserved for Site members.
- Password: The "Password" is confidential information which must be kept secret by the User and which allows the User, when used along with the identifier, to prove his or her identity.
- IES: Integrity Engineering Solutions Pty. Ltd
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2.0 General Description
These terms and conditions constitute a contract between IES and the User and are to be taken to apply to the integrityes.com website and all other IES owned Sites, including for hosting of online training modules.
In the event that the User does not wish to accept all or part of these terms and conditions of use, the User is requested to stop using the service immediately and completely.
This agreement obligates the User to observe rules of acceptable conduct in the use of this Site, and to indemnify and otherwise hold Integrity Engineering Solutions Pty. Ltd., its directors, shareholders and employees, harmless for any damaging or harmful circumstance resulting from your use of this Site or the services offered on this Site.
If you become aware of any use of our Site that you think is not complying with these Terms of Use, please contact us.
The www.integrityes.com Site and associated services are published by:
Integrity Engineering Solutions, Pty. Ltd.
53 Amberley Loop
Dunsborough, Western Australia, 6281
Registered Australian Business Number (ABN): 18 146 671 801
Hereafter known in these terms and conditions as “IES”
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3.0 Purpose
This Site is provided for educational and informational purposes and is intended for personal, non-commercial use only. Unless otherwise agreed with IES in writing, you must not make any use of this Site or its contents for commercial gain. You may access and display the content on a computer or a monitor, and print out for your personal use any whole page or pages in this Site. All other use, copying or reproduction of any part of this web Site is prohibited (save to the extent authorised by law notwithstanding this provision).
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4.0 Warranty and Liability
As with all engineering activities, good judgement is required for important decisions. This Site requires Users of the information and associated training programs to be suitably qualified and exercise good judgment. Information on this Site may contain inaccuracies or typographical errors. Information may be changed, corrected, or updated without notice.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT [NEGLIGENCE], CONTRACT OR OTHERWISE) WILL IES OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD-PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, THE INFORMATION CONTAINED IN THIS WEBSITE, THE TRAINING OFFERED, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IES MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR LACK OF VIRUSES FOR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE. INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ALL WARRANTY AND LIABILITY IS LIMITED TO THE COST OF THE SERVICE PURCHASED FROM THIS SITE.
IES shall be in no way held liable, within the limits of all applicable laws, for any damages and/or losses, whether they be direct or indirect, material or non-material or indeed of any kind, which result from the unavailability of the service or any form of use of the service. The term "use" shall be understood in its broadest sense namely any form of usage of the Site, legal or not.
IES makes no representations whatsoever about other websites which you may access through this one. When you access a website, please understand that it is independent from IES, and that IES has no control over the content on that web Site. In addition, a link to a non-IES website does not mean that IES recommends, endorses or accepts any responsibility for the content, use, or products and services made available through such website. IES shall not have any liability resulting from your use of the third party website.
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5.0 Indemnification
User agrees to defend, indemnify and otherwise hold harmless IES and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising out of or in any way connected with the User’s access to or use of this Site.
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6.0 Force majeure
IES shall be in no way held responsible for any cases of "force majeure" as defined by Australian or International Law or any other events beyond its control.
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7.0 Copyright and Intellectual Property
The Site, and more specifically its content, is protected by current Australian and International copyright, trademark and other laws. IES is the exclusive intellectual property rights and copyright holder for the whole Site and its content (which includes, but is not limited to; inventions, ideas, source code, text, photographs, illustrations, images, layout, logos, training modules, presentations, etc...).
All content on the Site is covered by copyright and any reproduction, republication, modification or distribution of that content or exploitation of the content for commercial gain without the prior written authorization of IES shall be considered a breach of copyright for which the breaching party shall be subject to legal action and criminal penalties. Nothing in these terms and conditions grant the User expressed or implied license to use any Intellectual Property.
If you download or print text files, images, or any other content from the Site, you must include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on the Site. You may not modify or alter the proprietary notices in any way. You may not alter or modify any of the content that you print or download from Our Site. You may not use any content from the Site in a manner that attributes a false or misleading statement to IES or any third parties. Use of the content on any other website or networked computer environment for any purpose is prohibited.
Anyone who believes that IES has used their work on the Site in a manner that constitutes copyright infringement should send a notice to IES using the contact form at www.integrityes.com/contact-us
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8.0 Access to the Service
IES reserves the right to refuse access to the service unilaterally and without prior notice to any User, for any or no reason whatsoever. In addition, IES reserves the right to suspend or terminate User access to the service unilaterally and without prior notice, for any or no reason whatsoever. Upon termination, the User shall immediately destroy any downloaded or printed materials in their possession or control.
Access to certain sections of the IES Site shall require the use of an identifier and a password. This password shall be chosen by the User and shall be personal and confidential. The User hereby undertakes to keep his/her password secret and not to reveal it in any way whatsoever. The User shall use this identifier and password on the internet at his/her own risk. The User shall take all necessary steps to protect his/her personal data.
Only the User identified by the initial application may access the Site using their credentials. No other individuals shall be allowed to access the Site using a User’s credentials. Users may not share their identifier or password with other individuals. The User will not attempt to access password protected and/or secure areas of the Site unless they are an authorized User. Authorized Users shall not assist third parties in obtaining access to these areas. The User must immediately notify us of any suspected or actual unauthorised use of their identifier and password.
IES shall employ all reasonable means at its disposal to ensure quality access to the service but shall be in no way obliged to succeed in doing so at all times. IES shall also be in no way held responsible for any problems that may arise with the network or servers or any other event deemed to be reasonably beyond IES’s control which may prevent or impair access to the service.
IES reserves the right to interrupt, suspend temporarily or modify User access to all or part of the service without prior notice to carry out maintenance work, or for any other reason, and shall be in no way liable for any such interruption to the service.
IES endeavours to provide the highest quality content to its Subscribers. To that end, IES reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, access and/or the Terms of this Site.
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9.0 Refunds
No refunds will be given after access to the toolbox or an online training module has been made by a Subscriber. For in-person training courses, a full refund minus a cancellation fee of $100 is offered up until 4 weeks from the date of the course. Cancellations within 4 weeks of the intended course date, including no-shows, will not be refunded. If IES cancel the course for whatever reason, a full refund will be given. However, IES will not be liable for any costs or fees incurred by attendees for travel, accommodation or other expenses associated with course cancellation. IES will endeavour to meet our obligations, but reserve the right to cancel a course or change instructors at any time.
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10.0 Personal Data
To control access to portions of the Site, certain personal data is required from the User by IES. IES warrants that any personal data collected will be used only as necessary to fulfil the User’s request and to provide the User further information about our products, services and support.
If the User chooses not to register and provide personal information, they can still use public portions of the Site. However, they will not be able to access areas or receive services that require registration.
Without the User’s consent, IES will not share any personal information they have provided with any third party that is not directly associated with IES. IES reserves the right, however, to disclose information as required by applicable law, in order to protect its rights or property, or in the case that IES or a portion of IES assets is sold.
Users will have access to their personal information that has been collected online in order to correct or amend such information.
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11.0 Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
a. Performing any activity which directly competes with the services offered by IES or has a negative impact on the business of IES.
b. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects IES’s computers, servers or databases.
c. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed under the Purpose of these Terms and Conditions.
d. Permit or provide others access to the Site using your Identifier and Password or otherwise, or the Identifier and Password of another authorized User.
e. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
f. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
g. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
h. Violate or attempt to violate the security mechanisms employed on the Site, Access any data or server you are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
i. Engage in any other conduct which violates the Copyright Act or other laws of Australia.
j. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
k. Misrepresent your identity or personal information when accessing the Site or misrepresent any communication associated with the Site as originating from IES.
l. Post knowingly false, hateful, profane, obscene, harassing, defamatory, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
m. Advertise or otherwise solicit funds, goods or services on the Site, unless specifically authorised by IES.
n. Harvest or collect email addresses or other contact information from the Site or post other User’s personal information.
o. Provide any commercial hosting service with access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, IES reserves the right to monitor use of the Site and reserves the right to revoke or deny access to any person or entity whose use of the Site suggests Prohibited Conduct. Access to the materials available on the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in suspension or termination of access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by IES.
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12.0 Software
Use of software available on this Site is subject to the terms of the End User license agreement that accompanies the software. You may not download or install any software that is accompanied by or includes an End User license agreement unless you have read and accepted the terms of such license agreement. Any such software is the copyrighted work of IES or its licensors.
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13.0 Training Materials
Training Materials are available for personal, non-commercial use only. Any other use is strictly prohibited. You must use the training materials as provided by IES, and you may not, without prior written consent from IES (a) edit or modify the text, content, video, audio or links supplied by IES; (b) redistribute or re-transmit the training materials; or (c) suggest that IES, its subsidiaries or affiliates promote or endorse any third party causes, ideas, websites, products, or services;
The online training modules may only be used with the delivery system authorised by IES. The modules may not be copied, distributed or hosted in any other system that has not been authorised by IES in writing.
The IES training materials are supplied to Users for the User's sole use. Use of IES materials and training methods in any form for training other personnel, other than fully paid attendees of IES courses, is strictly forbidden. Attending an IES course and subsequently presenting the same or similar courses, for any reason and under any circumstances, or any other form of obtaining and using IES training materials or methods, without written permission from IES, is a violation of these Terms and Conditions, and shall be subject to legal action and criminal penalties.
Viewing an online module, attendance at an in-person training course or sending attendees to our courses constitutes full acceptance of these Terms and Conditions and no other Terms and Conditions contained in purchase orders, requisitions or other documents shall supersede these Terms and Conditions under any circumstance.
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14.0 Community Forum
Due to the nature of forums, it is impossible for IES to review all posts or confirm the validity of information posted. IES is not responsible for the contents of any User post and does not vouch for or warrant the accuracy, completeness or usefulness of them. The forum posts express the views of the author of the post and not necessarily the views of IES.
Any User who feels that a posted message is objectionable is encouraged to contact IES immediately by email at web@integrityes.com or the contact form at www.integrityes.com/contact-us. Although IES does not and cannot review all of the User posts and is not responsible for the content of any of these posts, IES reserves the right to delete any post, without notification, for any reason at anytime.
The User remains solely responsible for the content of their posts, and they agree to indemnify and hold harmless IES with respect to any claim based upon transmission of their posts or associated discussion. IES reserves the right to reveal the User’s identity (or whatever information is know about the User) to appropriate authorities in the event of a complaint or legal action arising from any post by the User. Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate on the forum.
By posting materials, you warrant and represent that you own the copyright to such materials, have received permission from the copyright owner, or that the material is in the public domain. You further represent and warrant that you have the full and unencumbered right to post such materials and that the posting will not infringe upon any rights of others. You grant IES and other Users of the Site a non-exclusive, irrevocable, royalty free license to display, copy, transmit, print and use this information in any manner.
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15.0 Linking to the Site
You may link to the Site for non-commercial purposes. If you are interested in linking to the Site for commercial purposes, or becoming otherwise affiliated with IES, please contact us.
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16.0 Modifications to this contract
IES reserves the right to modify the terms, conditions and notices of this contract at any time. Therefore, the User is advised to regularly consult the latest version of these terms and conditions on the Site. Continued use of the Site after changes have been made constitutes acceptance of those changed terms and/or conditions. If at any time the terms and conditions of this Site are no longer acceptable to the User, they should immediately stop using this Site, or any service offered by the Site. Upon termination of use, the User shall immediately destroy any downloaded or printed materials in their possession or control.
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17.0 Duration and Termination
IES and the User enter into this contract for an indefinite period, which shall start with the first use of the Site by the User.
IES reserve the right to deny the User access to the Site and to terminate these Terms at any time without notice for any or no reason, including violation of these Terms. The following sections of these Terms survive in perpetuity any such termination: limitation of liability, governing jurisdiction, copyright, User license to IES of any content provided to IES via the Site, warranties, indemnification, and any other provision that by its terms contemplates survival.
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18.0 Enforceability
If any part of these Terms is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect. If no such valid enforceable provision is possible, the invalid or unenforceable provision will be deemed severed and the remaining Terms shall continue in full force and effect.
Upon User’s breach or threatened breach of these Terms, IES may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. IES’s remedies are cumulative and not exclusive. Failure of IES to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users may not assign their rights or delegate their duties under these Terms.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions contained in these terms and conditions.
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19.0 Applicable law and jurisdiction
These Terms and Conditions and any claim arising from them or due to content on the Site shall be governed and construed in accordance with Western Australian law. The User submits to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning this agreement.
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