Welcome to Axient! Please read this document carefully. It sets out legally binding provisions that regulate your use of our website at www.axient.com.au (our Website).
2. Availability of Website
2.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may take down the Website from time to time.
2.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that we are not responsible for any non-performance of the Website associated with any of those matters.
3. Website usage restrictions
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
(c) use the Website in any way that infringes our rights or the rights of any third party;
(d) use the Website to create any product or service that competes with the Website; or
(e) take any steps to circumvent any technological protection measure or security measures in the Website.
3.2. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
4. Acceptable Use Policy
4.1. You agree that using the Website in the following manner, is strictly prohibited:
(a) violating all or any legal rights of any person or company or other entity in any jurisdiction;
(c) introducing malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
(d) using the Website to make fraudulent offers of goods or services or to commit any crimes;
(e) carrying out security breaches or disruptions of network communication;
(f) executing any form of network monitoring which will intercept data not intended for you;
(g) circumventing user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers;
(h) using the Website to interfere with or deny service to anyone;
(i) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website;
(j) using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
(k) using the Website to breach any applicable law of any applicable jurisdiction (including any privacy and data protection law).
5. Intellectual Property Rights
5.2. As between you and us, we own all Intellectual Property Rights in the Website.
5.4. You hereby assign to us all and any Intellectual Property Rights to us in all and any comments in connection with Website and any requests for new Website features (each, an Improvement Suggestion). The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
5.5. You irrevocably consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
5.6. You must not:
(a) use any of our trademarks, domain names, business names, company names, product names, service names, Website names or other marks (collectively, Marks); or
(b) contest any Mark, apply for registration of any Mark or use or apply for registration of any trade mark, trade name, business name, company name or domain name which is or incorporates any element that is confusingly similar to any Mark.
5.7. You have no rights in respect of any Marks or their associated goodwill. All such rights and goodwill inure for the benefit of, and are (and will remain) vested in us or our licensors.
5.8. You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the Website or otherwise.
6. Responsibility for third party claims
6.1. You agree and acknowledge that you are solely responsible for and you indemnify us in respect of any loss and damage we may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by your use or misuse of the Website.
7.1. We do not represent, recommend or endorse any websites to which we have linked from the Website via hyperlink or otherwise.
8.1. Except in respect of any Non-Excludable Guarantees, we do not represent that the information on this Website is accurate, correct, up-to-date or error free.
8.2. The information on the Website is not professional advice. You agree that you will seek all appropriate financial, legal and other advice as applicable before relying on any information you obtain from the Website.
8.3. To the extent possible by law, we are not liable to you for any indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business
opportunity, loss of savings, or loss of data.
8.5. Where liability for breach of any guarantees under the Australian Consumer Law can be limited, our liability arising from any breach of those guarantees (if any) is limited, at our option:
(i) with respect to the supply of goods, to the replacement or repair of the goods or the cost of resupply or replacement of the goods; and/or
(ii) with respect to services, to the supply of services again or the cost of re-supplying the services again.
9.2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect our legitimate commercial interests.
10.1. Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to you, we shall use any of your contact details that you provide to us.
10.2. You may contact us or send a notice to us using our contact details that are specified on our website at https://www.axient.com.au/contact-us/.
10.3. Any notice issued by hand shall be deemed delivered upon delivery.
10.4. Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 20 Business Days after posting if posted internationally.
10.5. Any notice issued via email shall be deemed to have been validly and effectively given on the day on which it is transmitted if the sender receives a read or delivery receipt confirming delivery or receipt of the email or a reply to the email.
10.6. We may send you email or other electronic messages concerning the Website from time to time.
12. Dictionary and Interpretation provisions
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means any day between Monday – Friday excluding public holidays in New South Wales.
Business Hours means 9:00am – 5:00pm on Business Days.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
we, our and us means Axient Pty. Limited [ABN 14 090 510 848].
(c) Currency refers to Australian dollars unless specified otherwise.
(d) A reference to a statute or regulation includes amendments thereto.
(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g) A reference to time is to time in New South Wales.
(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i) The words “includes”, “including” and similar expressions are not words of limitation.