1. Agreement
These terms are an agreement between you and TALLENTECH PTY LTD ("TALLENTECH", "we", "us") covering your use of tallentech.com.au and our hosted web applications, including the survey portal (together, the "Services"). By accessing the Services you agree to these terms. If you use the Services on behalf of an organization, you confirm that you are authorized to accept these terms for that organization.
If your organization has a signed services, subscription, or license agreement with TALLENTECH, that agreement prevails over these terms to the extent of any inconsistency.
2. Accounts and access
Access to our applications is provisioned by TALLENTECH or by an administrator in your organization. You agree to keep your sign-in credentials confidential, to provide accurate account information, and to notify us promptly if you suspect unauthorized use of your account. You are responsible for activity that occurs under your account.
3. Acceptable use
You agree not to:
- access or attempt to access data, accounts, or systems you are not authorized to use
- interfere with the operation or security of the Services, including by probing, scanning, or overloading them
- copy, resell, sublicense, or provide third-party access to the Services without our written consent
- reverse engineer, decompile, or extract the source code, algorithms, or models of the Services, except to the extent such a restriction cannot be excluded under applicable law
- use the Services in breach of any applicable law
4. Your data
You and your organization retain ownership of the well surveys, plans, and other operational data you supply to the Services. You grant TALLENTECH a license to host, process, and analyze that data solely to provide and support the Services, to comply with legal obligations, and to enforce this agreement. We treat customer operational data as confidential. Personal information is handled as described in our Privacy Policy.
5. Our intellectual property
The Services, including all software, algorithms, models, documentation, and content, are owned by TALLENTECH and its licensors. These terms grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes. No ownership rights are transferred.
6. Engineering outputs
The Services produce engineering results such as survey corrections, positional uncertainty estimates, anti-collision calculations, and sensor calibration analyses. These outputs depend on the quality and completeness of the input data supplied and on the stated assumptions of the underlying models. They are provided as decision support: they do not replace the professional judgment of qualified personnel, and responsibility for drilling and operational decisions remains with you and your organization.
7. Availability and changes to the Services
We use commercially reasonable efforts to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features, and we may suspend access where reasonably necessary for maintenance or security.
8. Disclaimer and limitation of liability
Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.
Subject to that, the Services are provided "as is", and to the maximum extent permitted by law: we exclude all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement; we are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, or data; and our total aggregate liability arising out of or in connection with the Services is limited to the amount paid by you or your organization for the Services in the twelve months before the event giving rise to the claim.
9. Suspension and termination
We may suspend or terminate access to the Services for breach of these terms, for non-payment under an applicable agreement, or where required to protect the Services or comply with law. On termination, your right to use the Services ends; provisions concerning ownership, confidentiality, and liability survive.
10. Changes to these terms
We may update these terms from time to time. The current version will always be available on this page, with the date above showing when it was last revised. Continued use of the Services after a change takes effect constitutes acceptance of the updated terms.
11. Governing law
These terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of Western Australia.
12. Contact
TALLENTECH PTY LTD
Email: info@tallentech.com.au