PipeKit User Terms and Conditions

Thank you for logging into the PipeKit website operated by FRCPA Pty Ltd (ABN 64 605 089 941) (trading as Vantage Pipes) (Vantage Pipes).

Before you proceed further, you must acknowledge and agree to the following terms (Terms and Conditions). By checking the "I agree" box below, you confirm that you have had sufficient time to read and understand the Terms and Conditions and agree as follows:

 

  1. THIS AGREEMENT
    1. This is a legally binding agreement between you and Vantage Pipes which will govern your use of our website and its contents located at / (PipeKit).
    2. If you disagree with any of these Terms and Conditions or do not intend to be bound by any of these Terms and Conditions, you must immediately exit the website.
    3. In return for your compliance with these Terms and Conditions, Vantage Pipes grants to you a non-exclusive, non-transferrable licence to use PipeKit in accordance with these Terms and Conditions.
    4. There is no fee payable for access to PipeKit and its resources unless stated otherwise.
  2. REGISTRATION AS A PIPEKIT USER
    1. Use of PipeKit is open to all persons or businesses that participate in the stormwater drainage industry in Australia whether as a designer, civil contractor, installer or reseller of stormwater drainage products and who register with Vantage Pipes as a PipeKit user.
    2. To register as a PipeKit user, you must complete the PipeKit registration form and accept these Terms and Conditions in their entirety. If you refuse to provide all necessary information outlined in the registration form, Vantage Pipes may at its absolute discretion refuse to provide you with access to PipeKit. For more information about the way in which Vantage Pipes may use and disclose personal information provided by users of PipeKit, refer to the Vantage Pipes Privacy Policy available by clicking on the Privacy tab on the PipeKit website.
    3. Users of Pipekit can access, update or correct any of their personal details via their login page on PipeKit.
    4. Vantage Pipes may terminate this agreement at its absolute discretion and your access to PipeKit at any time without notice and for any reason. The licences you grant to Vantage Pipes and all disclaimers and limitations of Vantage Pipes' liability contained in these Terms and Conditions will survive termination, although you will no longer be authorised to access PipeKit.
    5. Any communication or material that you transmit to or post on PipeKit by electronic mail or otherwise including, but not limited to, any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant Vantage Pipes a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose Vantage Pipes sees fit.
    6. By registering as a PipeKit user you agree and acknowledge that:
      1. you consent to receive, including by means of email or other electronic communication, technical updates and supplements in relation to Vantage Pipes products;
      2. you consent to the information that you submit when registering for PipeKit to be entered into a database maintained by Vantage Pipes (Registration Information);
      3. you consent to Vantage Pipes using the Registration Information for the purposes of providing to you future technical, promotional, marketing and publicity material without any further reference, including information sent by electronic communication including, but not limited to, email or SMS;
      4. any information you enter or authorize to be entered in the process of using one of the online tools available on PipeKit is visible to and may be accessed by Vantage Pipes and its employees (User Content);
      5. Vantage Pipes may use any such User Content to help you identify further opportunities to use Vantage Pipes' products on projects and to help you identify opportunities for improvement by use of alternative products. However, Vantage Pipes has no obligation to use the User Content in this manner or at all; and
      6. use of an online tool available on PipeKit may result in you being contacted by a Vantage Pipes representative or receiving an electronic communication as a follow up.
    7. Additional terms and conditions apply specifically to the use of specific tools such as the calculators, CAD drawings and in respect of Vantage Pipes product information available on PipeKit. See below for more information.
  3. PROHIBITED CONDUCT
    1. You must not, or attempt to:
      1. provide, publish, post or create a link to any page or part of PipeKit without Vantage Pipes' express written permission;
      2. link directly to any page of PipeKit other than via normal navigation of the website;
      3. post or transmit to PipeKit:
        1. any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws; or
        2. any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of PipeKit;
      4. violate the security or any security measures of PipeKit or that of any Vantage Pipes systems and networks;
      5. access any data on or from PipeKit which is not intended for you;
      6. probe, scan or test the vulnerability of PipeKit or any Vantage Pipes systems or networks;
      7. interfere with service to any other user of PipeKit; or
      8. use any device, software or routine to interfere or attempt to interfere with the proper working of PipeKit or any activity being conducted on PipeKit.
    2. You must keep all login details, user codes or passwords for access to PipeKit private and confidential and must not allow anyone else to log into PipeKit using your login.
    3. The right to access PipeKit is personal to you and cannot be transferred to another person or company. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms and Conditions.
  4. COPYING MATERIALS
    1. All copyrights, trademark rights and other intellectual property rights in or arising out of PipeKit and the materials published on PipeKit is either owned by or under licence to Vantage Pipes. Vantage Pipes reserves all of those rights.
    2. All Vantage Pipes intellectual property rights, libraries, source codes, technical specifications and other files contained on PipeKit remain the exclusive property of Vantage Pipes, and its related companies.
    3. You must not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of PipeKit including, without limitation, any text, images, course or question content or other data contained on PipeKit, without express written permission from Vantage Pipes or as expressly authorised by these Terms and Conditions.
  5. INFORMATION ON PIPEKIT
    1. The purpose of PipeKit is to give you access to a suite of online tools and information aimed at helping you make the best use of Vantage Pipes products in your business.
    2. 5.2 You agree and acknowledge that:
      1. Vantage Pipes retains editorial control over PipeKit and may alter, amend or cease the operation of PipeKit or specific tools or content available on PipeKit at any time without notice at Vantage Pipes' absolute discretion;
      2. PipeKit may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
      3. the resources on PipeKit are provided for your information only and do not constitute professional, technical or expert advice of any sort;
      4. you should always seek independent expert advice prior to using any information derived from the online tools, calculators and resources contained on PipeKit; and
      5. PipeKit is not actively monitored whether during or outside business hours, and the information contained in PipeKit is presented "as is" and has not in any way been tailored to suit your specific circumstances.
    3. Vantage Pipes does not guarantee that PipeKit or the materials available on it will be free from viruses or that access to PipeKit will be uninterrupted.
    4. Material on this website may contain general information about Vantage Pipes and its products and services, or those of other parties with whom Vantage Pipes deals or does business. Unless expressly stated otherwise, this information:
      1. does not constitute an offer or inducement to enter into any legally binding contract;
      2. does not form part of the terms and conditions for any Vantage Pipes' products or services or of any other parties; and
      3. does not mean that Vantage Pipes is in any way affiliated with any other parties or businesses referred to.
    5. The product applications and installation recommendations described PipeKit have been formulated along the lines of good construction practice. However, they are not intended to be an exhaustive statement of all the relevant data. You should obtain detailed advice from construction industry professionals to ensure that any particular product or installation method is fully suited to the specific project being undertaken.
  6. VANTAGE PIPES' LIABILITY
    1. To the maximum extent permitted by law, Vantage Pipes makes no representations or warranties of any kind, whether express or implied, including, but not limited to, any implied warranties that the materials on PipeKit will be suitable for any particular purpose.
    2. While Vantage Pipes has attempted to ensure that the information on PipeKit is free from error, Vantage Pipes does not warrant the accuracy, adequacy or completeness of that information.
    3. Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or liability implied into these Terms and Agreement to the extent that such exclusion, restriction or modification would render these Terms and Conditions or any provisions of these Terms and Conditions void, illegal or unenforceable.
    4. Access to the materials is provided on a strictly "as is" basis.
    5. In consideration for being given access to PipeKit, you unconditionally and irrevocably release and forever discharge Vantage Pipes, its employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages , liabilities, claims or expenses whatsoever (whether direct, indirect, consequential or otherwise) or for any personal injury or death arising directly or indirectly which is suffered or sustained from use by you or any other person of PipeKit or any of its content or reliance by you or any person upon information contained in or downloaded from PipeKit.
    6. Vantage Pipes' liability and that of its employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Vantage Pipes' option, to:
      1. the supply of the relevant goods or services again;
      2. repair of any goods; or
      3. payment of the cost of having the goods or services supplied again or repaired.
    7. This clause 6 shall survive termination of these Terms and Conditions.
  7. IMDEMNITY
    1. You must indemnify, and at all times keep indemnified, Vantage Pipes, its employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of PipeKit or any of its contents or from any breach by you of these Terms and Conditions.
    2. This clause 7 shall survive termination of these Terms and Conditions.
  8. CALCULATORS
    1. Vantage Pipes does not warrant or guarantee that any calculator tools available on PipeKit are error free or accurate. You acknowledge and agree that the existence of any errors or inaccuracy does not constitute a breach of these Terms and Conditions.
    2. You acknowledge and agree that you have exercised independent judgment when using the calculators available on PipeKit and have not relied on any representations made by Vantage Pipes.
    3. Vantage Pipes does not warrant or represent that the calculators available on PipeKit:
      1. do not infringe any copyright, trade secret, trade mark or other proprietary right of any third party; or
      2. are free from any virus, software routine or other software designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any such actions.
    4. You acknowledge and agree that the calculators made available on PipeKit rely on various publications in existence at the calculator creation date in relation to calculation methods used. Vantage Pipes is under no obligation to update the calculation methods used in the PipeKit calculators but it may choose to do so.
    5. Vantage Pipes does not warrant the accuracy or continuation of the publications or any additional calculations or default values contained within the calculators available on PipeKit.
  9. TECHNICAL DOCUMENTS
    1. Vantage Pipes' technical documents reproduced on PipeKit are intended to be read and used as a whole. Extracts should not be relied upon without reference to the complete technical manual.
  10. CAD DRAWINGS AND CONTENT
    1. Copyright in the CAD drawings and content belongs to Vantage Pipes and the reproduction of this material is only authorised for purposes connected with the specification or use of Vantage Pipes products. This information is intended to be informative and used as a guideline in conjunction with the relevant Vantage Pipes literature. Due to the many variables affecting different projects it cannot replace the judgment or advice of a relevant technical expert. Such experts must be consulted to determine the suitability or otherwise of the details or the necessity for further design or detailing.
    2. CAD drawings and the content available from PipeKit is solely for the purposes of detailing, specifying, using, and promoting the use of Vantage Pipes products and systems in conjunction with Vantage Pipes products' guidelines.
    3. You are authorised to reproduce and distribute exact copies or exact extracts of the CAD drawings for the sole purpose of detailing, specifying, using and promoting the use of Vantage Pipes products and systems.
    4. You must not use or allow the use of the CAD drawings with any product or system other than Vantage Pipes' products and systems.
    5. Vantage Pipes may provide warranties in relation to the products and systems that are the subject of the CAD drawings. The details of such warranties are available from www.VantagePipes.com.au or the Vantage Pipes Customer Service Centre on 1800 659 850.
    6. All other expressed or implied warranties or liabilities in relation to the CAD drawings, and information contained in the CAD drawings are excluded, except for any warranties or liabilities which may not be modified or excluded under relevant laws. To the extent permitted at law, Vantage Pipes excludes all liability arising out of the use, reproduction, or distribution of the CAD drawings.
    7. You are solely responsible to any third party receiving or using systems created by you using the CAD drawings.
  11. TERMS AND CONDITIONS OF SALE OF VANTAGE PIPES PRODUCTS
    1. Separate terms and conditions apply to all sales by Vantage Pipes. The applicable terms and conditions are available upon request from Vantage Pipes on 1800 659 850.
    2. All Vantage Pipes products are sold with a full product warranty. For details of the warranty terms applying to any particular product refer to the relevant terms and conditions of sale current at the time of purchase.
  12. 12. OTHER WEBSITES AND THIRD PARTY INFORMATION
    1. As a convenience, PipeKit may from time to time include links to other websites and/or materials, which are beyond Vantage Pipes' control (Other Sites). Vantage Pipes does not review or monitor any websites linked to this website or to any Other Sites and Vantage Pipes is not responsible for content on any websites outside PipeKit.
    2. If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.
    3. The inclusion on PipeKit of any links to Other Sites does not imply any endorsement by Vantage Pipes of any of the Other Sites or the content contained on those sites. Vantage Pipes does not warrant the safety or accuracy of the content on any Other Sites and will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.
    4. Details of designers, contractors and other civil construction industry participants may be published on PipeKit for information purposes. This publication does not constitute an endorsement of these participants by Vantage Pipes. You must make your own enquiries to ensure that a person or business is appropriate for your particular needs.
  13. GOVERNING LAW AND JURISDICTION
    1. These Terms and Conditions and your relationship with Vantage Pipes pursuant to these Terms and Conditions are governed by the laws of Queensland, Australia, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.
    2. You unconditionally and irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia for the purpose of resolving any disputes pursuant to this agreement.
  14. GENERAL
    1. These Terms and Conditions constitute the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.
    2. No failure or delay by Vantage Pipes in exercising any of its rights under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver by Vantage Pipes of any breach of these Terms and Conditions by you will be considered as a waiver of any subsequent breach of the same or any other provision.
    3. If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    4. The next time that you log into this website, you may be asked to agree to the terms of the then current PipeKit. Vantage Pipes does not warrant that on any such occasion the terms will be the same as these Terms and Conditions.
    5. Vantage Pipes reserves the right to make alterations to these Terms and Conditions without notice at its absolute discretion. From time to time, Vantage Pipes may publish updated copies of these Terms and Conditions on this website.