View our Terms and Conditions
By using our site you agree to the Terms and Conditions detailed below.
Application of Terms
These Terms apply to your use of the Website and your access and use of the Simulator. By accessing and using the Website and/or the Simulator:
- you agree to these Terms; and
- where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
- If you do not agree to these Terms, you are not authorised to access and use the Website or the Simulator, and you must immediately stop doing so.
- These Terms apply to your use of the Website and your access and use of the Simulator. By accessing and using the Website and/or the Simulator:
- We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and/or the Simulator, you agree to be bound by the changed Terms.
- We may change, suspend, discontinue, or restrict access to, the Website and the Simulator without notice or liability, provided that where we prevent you completing a pre-booked Session, we will (at our option) allow you to complete the Session or provide you with a refund of the Fee.
- These Terms were last updated on 9/11/2018.
In these Terms:
Fee means the then-current fee for a single Scenario, as that fee is updated from time to time by us
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
SCADA means Supervisory Control and Data Acquisition
Scenario means an individual operational issue, where a treatment process is not working properly, that must be solved by the Trainee using the Simulator interface
Session means a single use training session using the Simulator to complete one or more Scenarios
Simulator means the online training programme designed to simulate the use of SCADA
Underlying System means any network, system, software, data or material that underlies or is connected to the Website and/or the Simulator
User ID means a unique name and/or password allocated to you to allow you to book and/or complete a Session
We, us or our means Lutra Limited
Website means www.sim-plant.com, or any replacement website advised in advance
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
- You must provide true, current and complete information in your dealings with us (including when setting up an account or booking a Session), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to email@example.com.
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website, the Simulator, or any Underlying System, or otherwise attempt to damage or interfere with the Website, the Simulator, or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and the Simulator by following the link provided by us to you only, and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website and/or the Simulator by using your User ID.
- By paying the Fee, you will purchase a Session containing a single Scenario or multiple scenarios. The session must be taken on the date and time booked by you when purchasing the Session.
- Each Session will present you with various operational scenarios. You must resolve the Scenarios, within a pre-set time period, by interrogating the SCADA pages, identifying the cause, and then selecting corrective actions through the Simulator. If you do not resolve an issue within the pre-set time you will not be able to successfully complete the Session.
- If you are unsuccessful in completing the Session you may rebook to repeat the Session. A maximum of 3 repeat bookings are allowed.
- Online written training help and guidance is available. You have a right to use this help and guidance to assist you to complete a Session, but for no other purpose.
- To complete a Session, you must be computer literate and have a basic understanding of SCADA. Each Session is conducted in English only.
- The purpose of a Session is to provide you with a basic understanding of how SCADA works in operation. Due to the limited nature of a Session, the Session does not emulate every issue that a user may face when operating SCADA. Given this, we do not guarantee that completing a Session will enable you to resolve every issue that may arise during your use of SCADA. You are able to purchase support as part of your license or subscription to SCADA.
Bookings, Payment, Cancellations, and Refunds
- You can browse the available Scenarios on our Website and purchase a single Scenario or multiple Scenarios. Once the Fees have been paid the Scenario(s) will be listed in your account as ‘Unbooked’.
- On our Website booking page, you may book one or more Sessions. You can book the Sessions for scenarios, either singly, collectively or in any combination, at any time after paying the Fee.
- Each Session must be taken on the date and time booked by you.
- If you need to change your booking date or time (a change), you can do this up to 24 hours before the Session is due.
- If you need to reschedule a Session you may do so up to 24 hours before the Session is due to start. Scenarios that are part of a rescheduled Session will return to your ‘un-booked’ Scenario list until a new Session is booked.
- If you fail to attend a booked Session the associated Scenarios will be recorded as ‘failed due to timeout’ and would need to be repurchased.
- We may need to make a change due to a reason beyond our control. We will provide you with as much notice as possible if this occurs and you will be able to re-book your Session or request a refund. We are not responsible or liable to you for any Loss incurred due to that change.
- If you have started a Session but are unable to complete it, and the reason you cannot complete the Session is due to our fault (e.g. the Simulator crashes), we will reschedule that Session for a time that suits you (acting reasonably). If you cannot reschedule that Session, we will refund you the Fee. No refund will be payable in any other circumstance where you are unable to complete your Session.
If you wish to cancel a booking and receive a full refund you must advise us in writing more than 30 days before the day of your booked Session. Refunds are not available if you cancel within 30 days of the day of your booked Session.
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), the Simulator (including all training help and guidance), and the Underlying Systems.
Except to the extent expressly stated in these Terms or as permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
- the Website or the Simulator being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website or the Simulator; and
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website or the Simulator (including when you pay the Fee). To avoid doubt, you are responsible for ensuring the process by which you access and use the Website and/or the Simulator (including paying the Fee) protects you from this.
Except as expressly stated in these Terms, to the maximum extent permitted by law:
- you access and use the Website and/or Simulator at your own risk; and
- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Simulator, or your access and use of (or inability to access or use) the Website and/or the Simulator. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the Fee.
- To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, the Simulator, or your access and use of (or inability to access or use) the Website and/or the Simulator, must not exceed the Fee.
- Except as expressly stated in these Terms, to the maximum extent permitted by law:
- You are not required to provide personal information to us, although if you choose not to do so then you will be unable to access and use the Simulator or all aspects of this Website.
- When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993. Further, this clause 10 sets out how we will collect, use, disclose, handle and protect your personal information when you use the Website and/or the Simulator.
When using the Website and Simulator (including booking a Session), we collect personal information from you, including:
- your name and contact details;
- who you work for;
- your computer or network details, including user agent and IP address; and
- all outcomes, selections (choices), and activities undertaken by you during, and the results of, a Session.
- The personal information you provide to us (including any information provided when you book a Session) is collected and may be used for communicating with you, statistical analysis, establishing a Session, improving the Simulator and our other products and services, and research and development.
Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
- to service providers and other persons working with us to make the Website available, to operate and maintain the Simulator (including IT Works, our server network provider), or to improve or develop their functionality (e.g. we may use a third-party supplier to host the Website and/or the Simulator);
- in relation to the proposed purchase or acquisition of our business or assets; or
- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
- Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
- You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org, or call +64 4 576 9484.
Suspension and Termination
- Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to, and use of, the Website and/or the Simulator (or any part of it).
- On suspension or termination, you must immediately cease using the Website and/or Simulator, and must not attempt to gain further access.
- If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
- These Terms, and any dispute relating to these Terms, the Website, a Session, or the Simulator are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, the Website, a Session, or the Simulator.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 7, 8, 9, 12.1, continue in force.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
- These Terms set out everything agreed by the parties relating to your access and use of the Website and the Simulator, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website and the Simulator that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.