BLUE MOUNTAIN CO TERMS AND CONDITIONS

1.1 Blue Mountain is an application to enable users to monitor the level of water in their tanks by using a combination of a tank gauge purchased from an authorised retail outlet, and an app downloadable from any app store (‘Blue Mountain Application’).

1.2 You may create a subscription to use the Blue Mountain Application and upon acceptance of these terms and conditions, you are responsible for paying fees to use the Blue Mountain Application and you may use the Blue Mountain Application in accordance with these terms and conditions.

1.3 You promise to:

1.4 Blue Mountain owns and/or has the right to everything we have put into the Blue Mountain Application unless otherwise stated, excluding content owned by others. This includes rights in the design, compilation, and look and feel of the Blue Mountain Application. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

2.1 Pricing Plans: Unless you are in a free trial or other offer period, you will need to pay for a subscription based on the pricing of your selected plan. The pricing details and other terms of your subscription are explained when you select your plan. The terms of the pricing plan form part of these terms. We may update or amend the pricing plan from time to time.

2.2 Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. If you choose to continue using the Blue Mountain Application after the trial, you will be billed when you add your billing details into the Blue Mountain Application, explained in more detail in the pricing plan and in Blue Mountain Central. If you choose not to continue using the Blue Mountain Application following a trial, you may delete your details.

2.3 Subscription fees: Your use of the Blue Mountain application generally requires you to pay a monthly subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms.

2.4 Taxes: You are responsible for paying all other external fees and taxes, including goods and services tax, associated with your use of the Blue Mountain Application wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes. This means location information you give us must be accurate for tax residency purposes.

2.5 Importance of timely payments: In order to continue accessing the Blue Mountain Application, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we do not receive timely payments, we may suspend access to your subscription until the payment is made.

3.1 Use of data: Blue Mountain uses your data to provide the Blue Mountain Application to you. Our privacy policy is an important part of these terms and describes in more detail how we deal with personal data, like your name and email address.

3.2 Use of data: When you enter or upload your data into the Blue Mountain Application, we do not own that data but you grant us a licence to use, copy, transmit, store, query, analyse, and back up all data you submit to us through the Blue Mountain Application, including personal data of yourself and others, to:

• enable you to use the Blue Mountain Application;
• allow us to improve, develop and protect the Blue Mountain Application;
• create new services;
• communicate with you about your subscription;
• send you information we think may be of interest to you based on your marketing preferences; and
• facilitate integration with external platforms, including sharing identified data with third party partners or third-party management dashboards where you have authorised such access or where it is provided as part of your service plan.

3.3 Use of your own personal data: We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy sets out in detail how we process your own personal data that you enter into Blue Mountain, like your name and email address.

3.4 Use of personal data you enter about others: Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (such as your customers, suppliers and employees) that you enter into Blue Mountain.

3.5 Anonymised statistical data: When you use the Blue Mountain Application, we may create anonymised statistical data from your data and usage of the Blue Mountain Application, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve the Blue Mountain Application, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

3.6 Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you are best placed to make this decision, because you will have the most knowledge about the personal data stored in your subscription.

4.1 Keeping it confidential: We take reasonable precautions to protect your confidential information and expect that you will do the same for ours. While using the Blue Mountain Application, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

5.1 Security safeguards: While we have taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of the Blue Mountain Application until you verify that access was by an authorised user.

5.2 Account security features: We may introduce security features to make your account more secure, such as two step authentication. Depending on where you are in the world or what services you are using, we may require you to adopt some of these features. Where we make the use of security features optional, you are responsible (meaning we are not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

5.3 Your responsibility to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in the Blue Mountain Application to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details.

6.1 Third-party products: Along with the use of the Blue Mountain Application, you may use data, services and apps from other companies (third-party products), including API-based data integrations for external monitoring or reporting. Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.

6.2 Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy policy set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. The descriptions of third party products that we publish, and any associated links, have been provided to us by the providers. While we make reasonable efforts to check the accuracy of the descriptions, the providers are solely responsible for any representations contained in those descriptions. We do not endorse or assume any responsibility for third-party products.

7.1 Availability: We strive to maintain the availability of the Blue Mountain Application, and provide email support, between 9am to 5pm Monday to Friday (excluding public holidays). On occasion, we need to perform maintenance on the Blue Mountain Application, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but cannot guarantee it.

7.2 Access issues: Occasionally you might not be able to access the Blue Mountain Application and your data. This might happen for any number of reasons, at any time.

7.3 Data loss: You are responsible for maintaining copies of your data entered into the Blue Mountain Application.

7.4 No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using the Blue Mountain Application.

7.5 Modifications: We frequently release new updates, modifications and enhancements to the Blue Mountain Application, and in some cases discontinue features. Where this occurs, we will endeavour to notify you where practical (for example, by email or within the Blue Mountain Application when you log in).

7.6 You must NOT:

8.1 Termination:

8.2 Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You will still need to pay all relevant subscription fees up to and including the day of termination.

8.3 Termination by Blue Mountain: Blue Mountain may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Blue Mountain may also terminate or suspend your subscription or access to all or any data immediately if:

8.4 No refunds: No refund is due to you if you terminate your subscription or Blue Mountain terminates it in accordance with these terms.

8.5 Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees.

9.1 You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of the Blue Mountain Application or any third-party product (except as far as we are at fault).

9.2 Disclaimer of warranties: The Blue Mountain Application and all third-party products provided within the Blue Mountain Application are made available to you on an “as is” basis. Subject to Australian Consumer Law, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

9.3 Limitation of liability: Other than liability that we cannot exclude or limit by law, our liability to you in connection with the Blue Mountain Application or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

10.1 Dispute resolution: In the event of a dispute, you may contact us at [email protected].

10.2 If we are unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

10.3 You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

11.1 Events outside our control: We are not liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

11.2 Notices: Any notice you send to Blue Mountain must be sent to [email protected]. Any notices we send to you will be sent to the email address you have provided us through your subscription.

11.3 Blocking your access, disabling your subscription, or refusing to process a payment: We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there is a risk, such as a potential breach of a law or regulation, which is associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk, or a risk of loss being suffered by us or our customers or partners. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we cannot receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.

11.4 Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber.

11.5 Changes to these terms: We can change these terms and conditions at any time. You can keep appraised of any changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons over which we do not have control. When we notify you, we will do it by email or by posting a visible notice through the Blue Mountain Application. If a change is not material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Blue Mountain.

11.6 Enforcement of terms: If there is any part of these terms that either one of us is unable to enforce, we will ignore that part but everything else will remain enforceable.

11.7 Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.

11.8 Governing law: These terms and conditions are governed by the law in force in New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.