Terms & Conditions

Use

  1. Use of the Platform is governed by the Terms and Conditions.
  2. Registration as a User constitutes acceptance of these Terms and Conditions in full as from the time of registration
  3. By agreeing to the Terms and Conditions, you are by also agreeing to the terms applicable to your Account Type and the Nureka Privacy Policy.
  4. 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.

Risk

  1. 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.
  2. 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.
  3. 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 toaccess 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

Warranties

  1. 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.
  2. These Terms and Conditions do not exclude warranties which Nureka cannot, by law, exclude.

Limitation of Liability

  1. 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.
  2. 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.
  3. 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

  1. The copyright that any User has in any material it posts to the Platform remains with that User.
  2. 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.
  3. You may access, download and print materials on this Platform solely for your commercial use .. No right, title or interest in any of t he materials contained on this Platform is transferred to you as a result of accessing, downloading or printing such materials..
  4. Nureka respects the intellectual property rights of others and expects our User s to do the same. The policy of Nureka is to ter minate 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

  1. 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.
  2. 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 dis tribute 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.
  3. The systematic retrieval of data from the Platform is also prohibited.

User submissions and communica tions – Public Area

  1. 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

  1. 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.
  2. 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

  1. Nureka reserves the rig ht (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.

Indemnity

  1. 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

  1. The Platform encrypts internet communications. Business infor mation 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.
  2. 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.
  3. 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.

Governing Law

  1. 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
  2. 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.