Website | Terms of Use

Scope
1. Any use of this web site provided by PHM Technology Pty Ltd and/or its affiliates ("PHM Technology"), "PHM Technology Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the PHM Technology Web Site these Terms of Use are accepted in their then current version.
2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the User and must assume that the User has appropriate knowledge and acts accordingly.
Services
1. This PHM Technology Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2. PHM Technology may stop the operation of the PHM Technology Web Site in full or in part at any time. Due to the nature of the internet and computer systems, PHM Technology cannot accept any liability for the continuous availability of the PHM Technology Web Site.
Registration, Password
1. Some pages of the PHM Technology Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. PHM Technology reserves the right to deny registration to any User. PHM Technology particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. PHM Technology is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User uses false data for the purpose of registration; violates these Terms of Use or neglects its duty of care with regard to User Data; violates any applicable laws in the access to or use of the PHM Technology Web Site; or did not use the PHM Technology Web Site for an extended period.
2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to PHM Technology, is current at all times and an address at which the User can be contacted.
3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from PHM Technology into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify PHM Technology thereof without undue delay in writing, or, as the case may be, by e-mail.
5. After receipt of the notice under paragraph 3.4, PHM Technology will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to PHM Technology or upon new registration.
6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event PHM Technology will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
Rights of Use to Information, Software and Documentation
1. The use of any information, software and documentation made available on or via this PHM Technology Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with PHM Technology. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
2. PHM Technology grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the PHM Technology Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by PHM Technology in making same available.
3. Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case PHM Technology shall make the source code available in return for the payment of costs.
4. Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
5. The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices either from the information, nor from the software or documentation, or any copies thereof.
6. Information gathered as part of the using the MADE Software platform is detailed here https://www.phmtechnology.com/resources/downloads.html. This information is used as part of PHM Technology's MADE Improvement Program and is set as off by defaulted. You must opt in to be part of this program. This gives PHM Technology permission to use the data detailed in the associated link inline with our data collection policy.
Intellectual Property
1. Notwithstanding the particular provisions in Section 4 of these Terms of Use, information, brand names and other contents of the PHM Technology Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of PHM Technology.
2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
3. PHM Technology may, without charge, use any ideas or proposals stored by a User on the PHM Technology Web Sites for the development, improvement and sale of its products.
Duties of the User
1. In accessing or using the PHM Technology Web Site the User shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
2. PHM Technology may deny access to the PHM Technology Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
Hyperlinks
The PHM Technology Web Site may contain hyperlinks to the web pages of third parties. PHM Technology shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as PHM Technology does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
Liability for defects of title or quality
1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving wilful misconduct or fraud.
2. The information on the PHM Technology Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
Other Liability, Viruses
1. The liability of PHM Technology for defects in relation to quality and title shall be determined in accordance with the provisions of Section 8 of these Terms of Use. Any further liability of PHM Technology is excluded unless required by law, or in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence.
2. Although PHM Technology makes every endeavour to keep the PHM Technology Web Site free from viruses, PHM Technology cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
3. Sections 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
Compliance with Export Control Regulations

If the User transfers information, software and documentation provided by PHM Technology to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of Australia, the European Union and of the United States of America.
Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by PHM Technology, also considering the limitations of domestic business and prohibitions of by-passing those embargos; Such information, software and documentation provided by PHM Technology are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided; The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are.