Last updated: 6 August 2026
1. About these terms
This website is operated by Critus Pty Ltd (ABN [ABN to be inserted]) ("Critus", "we", "us"). By accessing this website or the operator console you agree to these Terms of Use. If you do not agree, please do not use the site.
2. Use of the site
You may view and download material from this site for your own informational and internal business use. You must not:
- use the site in a way that breaches any applicable law;
- attempt to gain unauthorised access to any part of the site, the operator console, any connected instrument, or any account that is not yours;
- interfere with or disrupt the site, its security, or any connected system; or
- copy, resell or commercially exploit site content without our written permission.
3. Operator console accounts
Access to the operator console is by invitation only. Accounts are issued to named individuals and must not be shared. You are responsible for keeping your credentials secure and for activity carried out under your account.
We may suspend or revoke your access where we reasonably believe you have breached these terms, where there is a security risk to the site, the console, an instrument or another user, or where we are required to do so by law. Where it is reasonable and safe to do so we will tell you before we suspend access; where it is not, we will tell you as soon as practicable afterwards and explain why. We will restore access once the reason for suspension has been resolved. We may also close accounts that have been inactive for 12 months, on 30 days' notice.
Console activity is monitored. We record every action taken through the console — including sign-in, the instruments viewed, and every remote session initiated (the operator, the instrument, the time, the port and the actions taken). Monitoring is continuous and ongoing for as long as you hold an account. We use these records for security, audit, incident investigation, customer reporting and compliance. Records are retained for 7 years and cannot be deleted on request.
If you are a Critus employee, this monitoring is also the subject of our Workplace Surveillance Policy, which is provided to you separately and which governs surveillance of employees under the Workplace Surveillance Act 2005 (NSW).
3A. Remote access to instruments
3A.1 Support-only access to customer instruments. Where an instrument is owned by a customer, any remote session we open is for diagnostic and support purposes only. We do not remotely operate customer instruments, and we do not issue setpoint, recipe, start, stop or abort commands to them. The customer remains at all times the operator of the instrument and is responsible for its operation, for the safety of its personnel and facility, and for the conduct and outcome of any experiment or process.
3A.2 Consent. We will not open a remote session to a customer-owned instrument except with that customer's prior consent, given by an authorised representative of the customer, either for a specific session or for a defined support engagement recorded in writing. Consent may be withdrawn at any time, and we will terminate the session on withdrawal.
3A.3 No standing access. We do not maintain a standing inbound connection to customer instruments. Sessions are initiated by the instrument, are time-limited, are scoped to a specified port, and are torn down on close or on idle.
3A.4 What a session may expose. A remote session may expose data present on the instrument, which may include your experimental, measurement or configuration data. We treat that data as your confidential information; we access it only so far as reasonably necessary for the support purpose; we do not use it for any other purpose; we do not disclose it except as required by law or as clause 3A.5 provides; and we acquire no rights in it.
3A.5 Logging and audit. Every session is logged — the operator, the instrument, the time, the port, and the actions taken. We retain those logs for 7 years for security, audit and dispute-resolution purposes; they cannot be deleted on request. On request we will provide a customer with the log of sessions affecting that customer's instruments.
3A.6 Operator obligations. If you hold an operator console account, you must not open a session to a customer-owned instrument without a recorded consent under clause 3A.2; must use the session only for the recorded support purpose; must complete any additional authentication we require for high-consequence actions; and must not copy, retain or disclose customer data accessed during a session except as necessary for that purpose.
4. Product information
Specifications, images and performance figures on this site describe our products in general terms. Actual performance depends on the sample, the measurement geometry, the beamline or diffractometer configuration, and the experimental conditions, and will vary between installations.
We take care to ensure this information is accurate at the date it is published, and we update it when it changes. It is not a substitute for the specification set out in a quotation or supply contract, which prevails over this site.
Instrument compatibility examples are indicative. Please confirm suitability with us in writing before ordering.
Nothing in this clause is intended to, or does, limit our liability for misleading or deceptive conduct under section 18 of the Australian Consumer Law.
4A. Your data and confidentiality
We understand that instruments supplied by Critus are used for research that may be unpublished, embargoed or commercially sensitive.
Your measurement data is yours. We claim no ownership of, and no licence to use, the experimental, measurement or sample data generated on your instrument.
What we receive routinely. In normal operation, networked instruments report only operational telemetry to us — device identity, hardware type, firmware version and slot, connectivity, health metrics, location and timestamps. They do not transmit your experimental or measurement data to us.
What a support session may expose. Clause 3A.4 applies.
Confidentiality. We keep your data and the fact and content of your research confidential, disclose it to no one, and use it only to provide the support you have asked for. This obligation survives the end of your use of the instrument.
Improvement and publication. We will not use your data to improve our products, in marketing, in case studies, or in any publication, without your prior written consent. Any de-identified or aggregated use of operational telemetry for reliability engineering will not include experimental data.
5. Intellectual property
All content on this site — including text, images, video, designs, and the Critus name and logo — is owned by Critus or its licensors and is protected by copyright and other intellectual property laws.
6. Third-party links
The site may link to third-party websites. We do not control and are not responsible for their content, products or privacy practices.
7. Disclaimers and liability
7.1 Consumer guarantees. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law, where to do so would be unlawful or would make any part of these terms void.
7.2 Availability. We do not warrant that the site or the operator console will be available uninterrupted or free from error, or that content will be free from error. We may suspend, withdraw or change the site or the console for maintenance, security or operational reasons.
7.3 Other warranties. Subject to clause 7.1, and to the maximum extent permitted by law, all guarantees, warranties, terms and conditions implied by statute, the general law or custom are excluded.
7.4 Limitation of liability. Subject to clause 7.1, and to the maximum extent permitted by law:
(a) we are not liable for any indirect, consequential, special or incidental loss, or for loss of profit, revenue, data, goodwill or anticipated savings, or loss arising from business interruption, however arising; and
(b) our total aggregate liability arising out of or in connection with the site and the operator console — on any basis, including in contract, tort (including negligence), under statute or otherwise — is limited to AUD [cap to be set with insurer].
7.5 Where liability may be limited under the Australian Consumer Law. Where the Australian Consumer Law permits us to limit our liability for failure to comply with a consumer guarantee, our liability is limited, at our election, to:
(a) for goods — replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of these; and
(b) for services — resupplying the services, or paying the cost of resupply.
7.6 Your liability. Nothing in this clause 7 limits your liability for breach of clause 2, 3, 3A or 4A, or for fraud or wilful misconduct.
7.7 Separate terms of supply. These terms govern your use of this website and the operator console. The supply of instruments, software licences, warranties and support services is governed by our separate terms of supply, which prevail to the extent of any inconsistency.
8. Changes to these terms
8.1 We may amend these terms where it is reasonably necessary to do so — for example to reflect a change to the site or the operator console, a change in our business, or a change in the law.
8.2 We will publish the amended terms on this page and update the "last updated" date. Where a change materially affects operator console users, we will also notify account holders by email at least 14 days before it takes effect.
8.3 Amendments apply prospectively only. Your use of the site before an amendment takes effect is governed by the version of these terms in force at that time. Previous versions are available on request from legal@critus.com.au.
8.4 If you do not accept an amendment, you may stop using the site and ask us to close your operator console account before the change takes effect.
9. Governing law and jurisdiction
9.1 These terms are governed by the laws of New South Wales, Australia.
9.2 You and we submit to the exclusive jurisdiction of the courts of New South Wales and of the courts competent to hear appeals from them.
9.3 Clauses 9.1 and 9.2 are subject to, and do not operate to exclude, any law of the country in which you are resident or established that applies to you and cannot be excluded by agreement. In particular, nothing in these terms is intended to have the effect of applying the law of a jurisdiction other than Australia so as to avoid the operation of the Australian Consumer Law — see section 67 of that Law.
10. Export controls and sanctions
Our products, software and technical information may be subject to export control and sanctions laws, including the Defence Trade Controls Act 2012 (Cth), the Defence and Strategic Goods List, the Autonomous Sanctions Act 2011 (Cth) and the sanctions laws of other countries.
You must comply with those laws. You must not export, re-export, supply or make available our products, software or technical information, and must not permit access to the operator console, in breach of them — including to any person or entity that is the target of sanctions, or for any use connected with weapons of mass destruction or a military end-use in a sanctioned or embargoed destination.
You confirm that you are not a designated person or entity under Australian sanctions law, and are not acting on behalf of one. We may refuse or suspend supply, support or console access where we reasonably believe doing otherwise would breach these laws.
11. General
11.1 Privacy. Our Privacy Policy explains how we handle personal information and forms part of these terms.
11.2 Authority. If you use the site or the console on behalf of an organisation, you confirm you are authorised to accept these terms on its behalf, and "you" means both you and that organisation.
11.3 Termination. You may stop using the site at any time and ask us to close your console account. We may close an account under clause 3. On closure, your right to use the console ends. Clauses 3A.4, 3A.5, 4A, 5, 7, 9 and this clause 11 survive.
11.4 Indemnity. You indemnify us against loss, damage, cost or liability we suffer arising from your breach of clause 2, 3, 3A or 4A, or from your fraud or wilful misconduct. This does not apply to the extent the loss was caused by our own act or omission.
11.5 Severability. If any part of these terms is void, unenforceable or illegal, it is severed and the rest of these terms continue in force.
11.6 Waiver. A failure or delay by us in exercising a right is not a waiver of it.
11.7 Assignment. We may assign or novate our rights and obligations under these terms to a related body corporate or in connection with a sale of our business. You may not assign yours without our written consent.
11.8 Entire agreement. These terms, our Privacy Policy and any separate terms of supply are the entire agreement between us about their subject matter. Nothing in this clause limits liability for misleading or deceptive conduct under section 18 of the Australian Consumer Law.
11.9 Notices. We may give you notice by email to the address on your console account or by publishing on this site. You may give us notice at legal@critus.com.au.
12. Contact
Questions about these terms: legal@critus.com.au