Terms and conditions.
1. Acceptance of terms
These Terms and Conditions ("Terms") govern your access to and use of the website www.desertsci.com (the "Website"), operated by Desert Scientific Software Pty Ltd (ABN 29 092 442 334) ("DesertSci", "we", "us" or "our"), a company based in Thornleigh, New South Wales, Australia. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
These Terms apply to your use of the Website only. They do not form part of, and do not vary, any separate agreement between DesertSci and a customer for the licence or use of Proasis or any other DesertSci software or services, which is governed exclusively by the applicable signed agreement between the parties (e.g. a Master Services Agreement, Order Form or Statement of Work).
2. Changes to these terms
We may update these Terms from time to time to reflect changes in our business, legal requirements, or the Website itself. The updated Terms will be posted on this page with a revised "Last updated" date. Your continued use of the Website after any changes take effect constitutes your acceptance of the updated Terms.
3. Use of the website
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. You must not:
- attempt to gain unauthorised access to the Website, our systems, or any related network;
- use the Website to transmit any virus, malware, or other harmful code;
- use any automated system (including bots, scrapers or crawlers) to access the Website, other than standard search engine indexing;
- misrepresent your identity or affiliation with any person or entity when using the Website;
- or use the Website in any way that could damage, disable, overburden or impair its operation.
4. Intellectual property
Unless otherwise indicated, all content on the Website, including text, graphics, logos, the DesertSci and Proasis names and marks, images, software, and the layout and design of the Website, is owned by or licensed to DesertSci and is protected by Australian and international copyright, trade mark and other intellectual property laws.
You may view, download and print material from the Website for your own personal or internal business use in evaluating our products and services. You must not reproduce, republish, distribute, modify, or create derivative works from any content on the Website for any commercial purpose without our prior written consent.
5. No professional advice
Content on the Website, including articles, whitepapers and other materials relating to structural biology, computational chemistry, drug discovery or artificial intelligence, is provided for general informational purposes only. It does not constitute scientific, technical, legal, financial or other professional advice, and should not be relied upon as such. You should seek independent professional advice relevant to your own circumstances before acting on any information provided on the Website.
6. Product and service information
We take reasonable care to ensure that information about Proasis and our other products and services on the Website is accurate and current, but we do not warrant that such information is complete, accurate, or up to date at all times. Features, capabilities and availability of our products and services may change, and any actual engagement is governed solely by the applicable signed customer agreement, not by descriptions on the Website.
7. Third-party links
The Website may contain links to third-party websites (including LinkedIn and industry or partner sites) for your convenience. These links do not constitute an endorsement by DesertSci of the linked website or its content. We have no control over, and accept no responsibility for, the content, privacy practices, or availability of any third party website.
8. Disclaimer and limitation of liability
To the maximum extent permitted by law, the Website and its content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including as to merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by law, DesertSci excludes all liability for any loss or damage (including indirect, special or consequential loss) arising from or in connection with your use of, or inability to use, the Website, whether in contract, tort (including negligence), statute or otherwise. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.
9. Indemnity
You agree to indemnify and hold DesertSci, its officers, employees and agents harmless from and against any claim, loss, damage, liability, cost or expense (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Website.
10. Privacy
Our collection and handling of personal information through the Website is governed by our Privacy Policy, available at www.desertsci.com, which forms part of these Terms by reference.
11. Governing law
These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts, in respect of any dispute arising out of or in connection with these Terms or your use of the Website.
12. General
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. These Terms, together with our Privacy Policy, constitute the entire agreement between you and DesertSci regarding your use of the Website.
13. Contact us
If you have any questions about these Terms, please contact us at:
● Desert Scientific Software Pty Ltd, Thornleigh, NSW, Australia
● Email: info@desertsci.com
● Website: www.desertsci.com
