Website Terms and Conditions
Please read through these Terms and Conditions thoroughly. We suggest that you go through this Terms and Conditions document carefully before deciding to use our Website. Upon making the decision to use our website it is understood that you have agreed to the terms and conditions set forth on this page. When using the words “We”, “us”, “our”, “our service” and such, we are referring to LIXIA TECHNOLOGIES Pty Ltd ACN 634 458 718 and its respective products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. LIXIA TECNHOLOGOIES website usage terms and conditions is subject to change without notice and may be superseded. We hence advise that you check back here regularly and read through any updates of the policy. Your continued use of this website and our services implies acceptance of any subsequent revisions.
This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wale.
Use of this website
While, we endeavours to take reasonable care in formulating and maintaining the information on this website we can’t guarantee the accuracy, consistency, adequacy of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content may not necessarily be up to date or accurate at the time you view it.
LIXIA TECHNOLOGIES rejects all liability for loss, directly or indirectly, rising from your use of the website and the website content. We do not guarantee that our website does not infringe the rights of any third party nor do we guarantee that it is free from viruses or anything else which may damage any computer which accesses our website.
Limitation of liability
In no event shall LIXIA TECHNOLOGIES, its affiliated or related entities or third parties, nor any of its or their respective directors, officers, employees, affiliated or related entities involved in the creation, production, distribution and hosting of this website, be liable for any errors, omissions or for any actual, direct, indirect, consequential, incidental, punitive, or cumulative losses, damages or claims arising out of or in connection with the use, availability or inability to use the website, or for any errors, misrepresentation, reliance or omissions, whether arising under contract, warranty, tort, or negligence. LIXIA TECHNOLOGIES does not accept duty of care in negligence to you. You are responsible for what you choose to do with the information on the website. LIXIA TECHNOLOGIES accepts no responsibility or liability for and makes no warranties that the functions contained on the website will be error free or uninterrupted.
You agree that the material accessed or downloaded through the use of LIXIA TECHNOLOGIES websites is obtained entirely at your own risk and that you shall be entirely responsible for any resulting damage to computer systems, software and/or any resulting loss of data even if LIXIA TECHNOLOGIES has been advised of the possibility of such damage.
LIXIA TECHNOLOGIES reserves the right to report any offence, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold LIXIA TECHNOLOGIES, its directors, officers, employees, affiliated or related entities, agents, suppliers, third parties and agents, harmless from and against any and all claims, actions, costs, demands, losses, liabilities, and damages of any kind (including legal fees) resulting from your use of this website, your breach of any provision of these Conditions and/or any negligent acts, omissions or intentional offence by you relating to or arising from your use of this website.
All content, information, products and services on this website, unless otherwise expressly stated in writing by LIXIA TECHNOLOGIES, are provided “as is” and without warranties of any kind, directly or indirectly.
Neither LIXIA TECHNOLOGIES, its associated or related entities, nor any person involved in the creation, production, hosting and/or distribution of this website, nor the third party, warrant that the functions, features or services contained in this website will be uninterrupted, that faults will be modified, or that the server that makes the content accessible will be free of viruses or other damaging components. The content that you access on this website is delivered only for your information. Your use of this website is at your own risk.
Intellectual property rights
All trademarks, logos and devices on the website, whether registered or unregistered, are owned by LIXIA TECHNOLOGIES and its licensors (unless specifically stated). All layout, content and arrangement on the website are the copyright of LIXIA TECHNOLOGIES and its licensors, with all rights reserved, unless specifically stated.
You are permitted to download and print content from the website solely for your personal use. The websites content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without LIXIA TECHNOLOGIES direct written permission. You are specifically not entitled to use the content of the website for commercial use in any circumstances.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content they contain without our prior direct written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the LIXIA TECHNOLOGIES website. You agree that you will not take any action that imposes an unreasonable or excessively large load on our servers or infrastructure.
LIXIA TECHNOLOGIES may provide links to other websites as part of the website. You acknowledge that LIXIA TECHNOLOGIES does not control such third-party websites and is not responsible for their content, We will not be a party to any transaction or contract with a third party that you may enter into via such websites. We shall not be held liable to you in respect of any loss or damage which you may suffer by using those websites, and you agree that you will not involve LIXIA TECHNOLOGIES in any dispute between you and the third party.
You may only link to the website with LIXIA TECHNOLOGIES’ authorisation and provided that you do so in a way that is fair and legal and does not damage LIXIA TECHNOLOGIES’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of LIXIA TECHNOLOGIES unless it has given you its written permission to do so.
Governing law and dispute resolution
This contract shall be governed by the laws of the State of New South Wales, Australia. The parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.
Nothing in these Conditions will be deemed to waive, exclude, or otherwise limit either of our rights to:
- bring an individual action in an Australian small claims court,
- pursue enforcement actions through appropriate Australian federal, state, or local law enforcement agencies where such actions are available,
- seek injunctive relief in an Australian court of law, or
- to file suit in a court of law to address intellectual property violation claims.
To the degree that any litigation or court proceeding is allowable under these Conditions, you agree to submit to the personal and exclusive jurisdiction of the state courts located in New South Wales and federal courts located in Australia for the purpose of filing all such disputes.
You agree that any claim under these Conditions must be brought within one year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer and digital records and electronic evidence in any dispute herein. You agree that no class action may be pursued or maintained with respect to any dispute regarding these terms
Accessibility and violation of these terms
You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these Conditions of Use and that they comply with them.
As part of using the website you may be asked to set-up a username and password. You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them.
LIXIA TECHNOLOGIES does not have the means to check the identities of people using the website and will not be responsible for losses suffered by you where your username or password is used by someone else unless this is due to our negligence. You agree to notify LIXIA TECHNOLOGIES immediately, if you become aware of or suspect any unauthorised use of your password or username.
You confirm that: (a) any information and details provided by you to LIXIA TECHNOLOGIES (including on registration) are true, accurate and up to date in all respects and at all times; and (b) you will at all times comply with these Conditions of Use.
You agree that in using the website you will not:
- use the website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else’s use and enjoyment of the website;
- use the website in any way that interrupts, damages, impairs or renders the website less efficient;
- impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
- transfer files that contain viruses, trojans or other harmful programs;
- authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the website;
- penetrate or attempt to penetrate the websites’ security measures; or
- email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
LIXIA TECHNOLOGIES may, by exercising its sole discretion, terminate or suspend access to all or part of the website without any notice and for any reason. Any suspected illegal, fraudulent or abusive activity may be grounds, but are not exclusive, for terminating your use of the website. This shall not limit LIXIA TECHNOLOGIES’ right to take any other action against you that it considers appropriate to defend its rights or those of any other person.
LIXIA TECHNOLOGIES may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the LIXIA TECHNOLOGIES’ rights or property, or the rights or property of visitors to or users of the Web Site.
LIXIA TECHNOLOGIES reserves the right at all times to disclose any information that we find necessary to comply with any applicable law, regulation, legal process, or governmental request. LIXIA TECHNOLOGIES may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
These remedies are in addition to any other remedies the Company may have at law or in equity.
If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If at any time any provision of this Agreement or any document executed in connection herewith is or becomes illegal, invalid or unenforceable in any respect under any law, the legality, validity or enforceability of the remaining provisions under this Agreement shall not be affected thereby; provided, however, that the transactions contemplated in this Agreement may still be fully completed and implemented.
LIXIA TECHNOLOGIES reserves any rights not expressly granted or stated in these Conditions.