Terms of Use

Effective Date: 21^st October 2024

1. Overview

These Terms of Use (“Terms of Use”) apply to the software provided by B & R ENCLOSURES PTY. LTD., ABN 97 007 587 082 ("B&R Enclosures", "We", "Our", "Us"). By accessing or using the software or any related services ("Services"), you ("You" or "Your") agree to comply with these Terms of Use. If You do not agree with our Terms of Use, You must not use the Services.

2. Definition of Services

"Services" refers to the software provided by B & R Enclosures including that which is available or accessible from via Our website found at https://www.brenclosures.com.au/temperature-rise-calculations/, including any calculations, functions, content, reports, or communications provided through the software. The Services also include any updates, improvements, or support (as specified) provided in connection with the software.

3. Acceptance of Terms

By using the Services, You acknowledge that You have read, understood, and agree to these Terms of Use, including the Privacy Policy, and You agree to be bound by them. B&R Enclosures reserves the right to modify these Terms at any time. Your use of the Services constitutes Your acceptance of any modified terms.

4. Australian Consumer Law

If You are a consumer, You may be entitled to certain warranties and rights pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law).

5. Disclaimer and Limitation of Liability

Subject always to the Australian Consumer Law (when applicable) but otherwise to the fullest extend permissible by law:

(a) The Services are based on the IEC TR 60890:2022 technical report but may deviate where the technical report is unclear or does not address the specified conditions. B&R Enclosures has taken reasonable care to create a software that will assist the user in a variety of conditions but B&R Enclosures makes no warranties or representations regarding the accuracy, reliability, completeness, or appropriateness of the calculations, content, or results produced by the Services. Deviations from the technical report may occur at Our sole discretion, intentionally or unintentionally, and We assume no responsibility for such deviations. 

(b) The software is intended for use by "competent persons" as defined by AS/NZS 3000:2018. A competent person is "a person who has acquired, through training, qualification, experience, or a combination of these, the knowledge and skill enabling them to perform the required task correctly." Specifically, this includes professionals in electrical engineering, thermal management, or enclosure design with experience in applying the AS 60890 standard or IEC TR 60890:2022 technical report. Users are responsible for ensuring their competence in interpreting and applying the results provided by the software.

(c) The software is a tool only and is not intended to replace human expertise and judgement.

(d) It is Your sole responsibility to verify, validate, and confirm the accuracy and appropriateness of the results generated by the Services. You must conduct independent assessments and seek professional advice if necessary before relying on the results for any purpose, including but not limited to design, installation, consulting, or other professional activities.

(e)  B&R Enclosures does not warrant that the software will be at all times operational and error free.  B&R Enclosures shall not be liable for any malfunctions, downtime, bugs, errors, defects, omissions, or inaccuracies in the Services.

(f) The Services are provided on an "as is" basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of fitness for a particular purpose, merchantability, or non-infringement. B&R Enclosures disclaims all warranties to the maximum extent permissible by law.

(g)  Any reliance You place on the Services is entirely at Your own risk, and B&R Enclosures shall not be liable for any losses, damages, or consequences arising from Your use of the Services.

(h) Without limiting the foregoing, B&R Enclosures shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with Your use, inability to use, or reliance on the Services, even if B&R Enclosures has been advised of the possibility of such damages. This includes, but is not limited to, loss of profits, business interruptions, data loss, or damage to property.

6. User Responsibilities

a. Competency and Validation:

You warrant to use that You are suitably qualified and knowledgeable in using the Services and will independently verify and validate results, calculations and other information obtained by the Services before relying upon such information.

b. Compliance with Laws:
You agree to comply with all applicable laws, regulations, and standards in Your use of the Services.

c. Prohibited Actions:
You may not use the Services other than in accordance with these Terms of Use.

The Services must not be used for any illegal or unauthorized purposes. You may not misuse, modify, reverse-engineer, or attempt to disrupt the Services in any way.

7. Intellectual Property

All intellectual property rights, including all registered and unregistered rights, whether conferred by statute, common law or equity, or whether in Australia or any other jurisdiction in the world, related to the Services, including copyrights, trademarks, and patents, belong to B&R Enclosures.

You may not, and agree that You will not, copy, modify, reverse engineer, distribute or create derivative works of the Services or otherwise deal with the Services (including software code) in any way without the express prior written consent of B&R Enclosures.

8. Updates and Support

B&R Enclosures reserves the right to modify, suspend, or discontinue any part of the Services at any time without notice. Support, if provided, is limited to email communication during business hours and only applies to calculator functionality of the Services.

9. Release and Indemnity

You agree to use the Services at Your own risk and to release B&R Enclosures from and indemnify and hold harmless B&R Enclosures against any claims, damages, or losses arising from Your use or misuse of the Services, including any third-party claims or liabilities.

10. Breach Action

If B&R Enclosures determines that You are in breach of these Terms of Use, or You have used the Services not in accordance with these Terms of Use, B&R Enclosures reserves the right to remove or restrict Your access to the Services and take any further action as determined by B&R Enclosures.

You agree that damages may not always be an adequate or appropriate remedy and agree that B&R Enclosures shall be expressly entitled to obtain an injunction to prevent or prohibit any activity in breach of these Terms of Use or its intellectual property rights.

11. Jurisdiction and Governing Law

These Terms of Use are governed by the laws of Queensland, Australia. Any disputes arising from the Services will be subject to the non-exclusive jurisdiction of the courts of Queensland, and You agree to submit to their jurisdiction.

12. Privacy and Communication

By using the Services, You agree that any information You input into the software when using the Services becomes the property of B&R Enclosures, and B&R Enclosures has no obligation to maintain the security or confidentiality of such information.

By using the Services, You agree that B&R Enclosures may contact You regarding Your use of the Services, including updates or changes to the Services or these Terms of Use and for marketing purposes generally. You may opt out of certain communications as specified in Our Privacy Policy available at: https://www.brenclosures.com.au/privacy/.

13. Entire Agreement

These Terms of Use, along with the Privacy Policy, constitute the entire agreement between You and B&R Enclosures regarding the Services and supersede any prior agreements or understandings.

14. Severability

If the whole, or any part, of a provision of these Terms of Use is void, unenforceable or illegal in a jurisdiction, it is severed from these Terms of Use for that jurisdiction. The remainder of these Terms of Use has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected.