Terms of Use

1. Eligibility and application of these Terms

1.1 These Terms apply to all visitors, users and others who access or use the Website.

1.2 You must be at least 18 years old. By using the Website, you represent that you meet this requirement.

1.3 Additional terms may apply to specific sections of the Website or to any products or services offered by us. Where there is any inconsistency, the additional terms will prevail to the extent of the inconsistency.

2. Changes to these Terms and the Website

2.1 We may update these Terms from time to time at our sole discretion. Any changes will be effective when posted on this page with an updated "Last updated" date.

2.2 Your continued use of the Website after changes are made constitutes your acceptance of the revised Terms.

2.3 We may change, suspend or discontinue any part of the Website at any time without notice.

3. Website access and availability

3.1 We do not guarantee that the Website will be available at all times or that access will be uninterrupted, secure or error free.

3.2 We may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons.

3.3 You are responsible for making all arrangements necessary for you to have access to the Website, including maintaining appropriate internet and device security.

4. Your obligations and acceptable use

4.1 You must use the Website only for lawful purposes and in accordance with these Terms.

4.2 You must not (and must not attempt to):

• a) use the Website in any way that breaches any applicable local, state, territory, national or international law or regulation;
• b) engage in any fraudulent, misleading or deceptive conduct;
• c) introduce viruses, malicious code, or other harmful technology, or otherwise interfere with the proper working of the Website;
• d) gain unauthorised access to any part of the Website, any server on which the Website is stored or any server, computer or database connected to the Website;
• e) use the Website to transmit, distribute or upload any material that is defamatory, obscene, offensive, discriminatory, infringing, or otherwise objectionable;
• f) copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works of the Website or any part of it (except to the extent permitted by non excludable law); or
• g) use any automated means (including robots, spiders or data mining tools) to access, monitor or copy any part of the Website without our prior written consent.

4.3 You must ensure that all information you provide to us via the Website is accurate, complete and not misleading.

5. Security

5.1 We may suspend or terminate your access to our website at any time if we reasonably believe you have breached these Terms or engaged in inappropriate or unlawful behaviour.

6. Intellectual property

6.1 Unless otherwise indicated, all content on the Website, including text, graphics, logos, icons, images, audio and video clips, data compilations, software and the underlying code ("Content") is owned by us or our licensors and is protected by Australian and international copyright, trademark and other intellectual property laws.

6.2 Subject to these Terms, we grant you a limited, non exclusive, non transferable, revocable licence to access and use the Website and its Content for your personal, non commercial use only.

6.3 You must not:

• a) reproduce, distribute, transmit, publish, display, modify, create derivative works from or otherwise exploit any Content, except as expressly permitted by these Terms or with our prior written consent; or
• b) remove or obscure any copyright, trademark or other proprietary notices on the Website or in the Content.

6.4 All trademarks, logos, service marks and trade names displayed on the Website (whether registered or unregistered) are the property of their respective owners. Nothing in these Terms or on the Website grants you any right or licence to use any trademark without the prior written consent of the owner.

7. Privacy

7.1 We are committed to protecting your privacy. Our collection, use and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

7.2 By using the Website, you acknowledge that you have read and understood our Privacy Policy and consent to your personal information being collected, used, stored and disclosed in accordance with it.

8. Third-party websites and services

8.1 The Website may contain links to third-party websites or resources that are not owned or controlled by us. These links are provided for your convenience only.

8.2 We have no control over, and assume no responsibility for, the content, products, services, privacy practices or policies of any third-party websites or resources.

8.3 Your use of third-party websites or resources is at your own risk and subject to the terms and conditions of those websites. We recommend that you review the terms and privacy policies of any third-party websites you visit.

9. Disclaimers

9.1 The Website and all Content and services made available through the Website are provided "as is" and "as available", without any warranties, representations or guarantees of any kind, whether express, implied or statutory.

9.2 Without limiting clause 9.1, we do not warrant that:

• a) the Website or any Content is accurate, complete, reliable, up to date or suitable for any particular purpose;
• b) the Website will be available at any particular time or location, or that it will be secure, uninterrupted or error free; or
• c) any defects or errors will be corrected.

9.3 You are responsible for taking your own precautions to ensure that any content you download or otherwise obtain through the Website is free of viruses or other harmful code.

9.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement ("Non Excludable Rights").

10. Limitation of liability

10.1 To the maximum extent permitted by law, and subject to your Non Excludable Rights:

• a) we exclude all liability for any loss, damage, cost or expense (including but not limited to loss of revenue, data, goodwill or anticipated savings, and any indirect or consequential loss) arising from or in connection with the Website, the Content, these Terms or your use of (or inability to use) the Website, whether in contract, tort (including negligence), equity, statute or otherwise; and
• b) where our liability cannot be excluded, our total aggregate liability to you for all claims arising out of or in connection with the Website and these Terms is limited to the supplying of the services again or the payment of the cost of having the services supplied again.

10.2 You acknowledge that you use the Website at your own risk.

11. Indemnity

11.1 You indemnify and hold harmless Inflexys PTY LTD., its directors, officers, employees, contractors and agents (together, the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal costs) incurred or suffered by any of the Indemnified Parties arising out of or in connection with:

• a) your use or misuse of the Website or the Content;
• b) your breach of these Terms or any applicable law.

11.2 This indemnity is a continuing obligation, independent from your other obligations under these Terms, and continues after these Terms end. We may assume exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with us in asserting any available defences.

12. Termination and suspension

12.1 We may, at any time and without notice, suspend, restrict or terminate your access to all or any part of the Website, including your account (if any), if:

• a) we reasonably believe you have breached these Terms or any applicable law;
• b) we need to do so for security or operational reasons; or
• c) we cease to operate the Website.

Upon termination of your access or these Terms:

• a) your right to use the Website will immediately cease; and
• b) any provisions which by their nature should survive termination (including clauses relating to intellectual property, disclaimers, limitation of liability, indemnity and governing law) will continue in full force and effect.

Termination does not affect any rights or remedies that have accrued to either party prior to termination.

13. Complaints and dispute resolution

13.1 If you have any concerns or complaints in relation to the Website, please contact us using the details in clause 17. We will use reasonable efforts to respond and work with you to resolve any issues.

14. Governing law and jurisdiction

14.1 These Terms are governed by the laws of the Commonwealth of Australia

15. Severability

15.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, that provision will be severed from the Terms and the remaining provisions will continue in full force and effect.

16. Entire agreement

16.1 These Terms, together with our Privacy Policy and any additional terms referred to in these Terms, constitute the entire agreement between you and us in relation to your use of the Website and supersede all prior or contemporaneous understandings, agreements, representations and warranties, whether written or oral.

17. Contact us

If you have any questions about these Terms or the Website, please contact us at:

Inflexys PTY LTD.

28 Civic Wy, Oran Park NSW 2570, Australia

contact@inflexys.com