Stream and river surveys: protozoan and invertebrate communities

Terms and Conditions

1. Introduction

1.1    These terms and conditions shall govern your use of our website PJSchmid Scientific Consulting ('PJSchmid.com', 'PJSchmid', 'we', 'us', 'our').
1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3    Our website may use from time to time standard cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy statement.

2. Copyright notice

Unless otherwise stated, we own and control the intellectual property rights and copyright of the content of the website PJSchmid Scientific Consulting and material (such as logo, images, text, ©EcoStatistics software) on the website. Subject to the license below, all these intellectual property rights and copyrights are reserved.

3. Licence to use our website

3.1    You may:
  (a)    view pages from our website PJSchmid Scientific Consulting in a web browser;
  (b)    download pages from our website for caching in a web browser;
  (c)    print pages from our website;
subject to the other provisions of these terms and conditions.
3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3    You may only use our website for your own personal, non-commercial purposes, and you must not use our website for any other purposes.
3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5    Unless you own or control the relevant rights in the material, you must not:
  (a)    republish material from our website (including republication on another website);
  (b)    sell, rent or sub-license material from our website;
  (c)    show any material from our website in public;
  (d)    exploit material from our website for a commercial purpose; or
  (e)    redistribute material from our website.

4. Advice

The contents of our website PJSchmid Scientific Consulting do not constitute any advice and should not be relied upon in making or refraining from making any decision.
We reserve the right to refuse any advisory service you request from us through our website, or in relation to our website, that might infringe any laws and regulations such as those regarding
   -   data protection,
   -   copyright,
   -   health and safety standards,
   -   cultural and social issues,
   -   species and nature protection,
or include ecologically unsustainable project proposals.

5. Acceptable use

5.1    You must not:
  (a)    use our website PJSchmid Scientific Consulting in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  (b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, indecent or in connection with any unlawful, illegal, fraudulent, harmful or indecent purpose or activity;
  (c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  (d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  (e)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, lawful, current, complete, and non-misleading.

6. Limited warranties

6.1    We do not warrant or represent:
  (a)    the completeness or accuracy of the information published on our website PJSchmid Scientific Consulting;
  (b)    that the material on the website is up to date; or
  (c)    that the website or any service on the website will remain available.
6.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3    To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

7. Limitations and exclusions of liability

7.1    Nothing in these terms and conditions will:
  (a)    limit or exclude any liability for death or personal injury resulting from negligence;
  (b)    limit or exclude any liability for fraud or fraudulent misrepresentation;
  (c)    limit any liabilities in any way that is not permitted under applicable law; or
  (d)    exclude any liabilities that may not be excluded under applicable law.
7.2    The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
 (a)    are subject to Section 7.1; and
 (b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
7.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
7.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
7.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.8    You accept that we have an interest in limiting the personal liability of our agents and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our agents or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our agents and employees).

8. Links to third-party websites

   Our website PJSchmid Scientific Consulting includes links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content and availability of any such sites.

9. Indemnity

   You hereby indemnify and hold our website and its employees and agents harmless from and against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms and conditions.

10. Breaches of these terms and conditions

10.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  (a)    send you one or more formal warnings;
  (b)    temporarily suspend your access to our website;
  (c)    permanently prohibit you from accessing our website;
  (d)    block computers using your IP address from accessing our website;
  (e)    contact any or all your internet service providers and request that they block your access to our website;
   (f)    commence legal action against you, whether for breach of contract or otherwise; and/or
10.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Variation

We may revise these terms and conditions from time to time.

12. Severability

12.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Third party rights

13.1    These terms and conditions are for your and our benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
13.2    The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

14. Entire agreement

14.1    Subject to Section 7.1, these terms and conditions, together with (our privacy statement), shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

15. Law and jurisdiction

15.1    These terms and conditions shall be governed by and construed in accordance with laws of the Republic of Chile.
15.2    Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Chile.

16. Our details

16.1    The name of our consultancy is PJSchmid Scientific Consulting.
16.2    Our address: Ancud, Coñimó, Isla Grande de Chiloé, Los Lagos, Chile. You can contact us by email: info@pjschmid.com

17. Credit

This document was created following the SEQ legal guideline.

Last modification: 1 November 2018.