Terms of Use

These Terms of Use constitute an agreement between IXUP Limited ACN 612 182 368 (IXUP) and you, the person or the entity who has accessed our webpages under the IXUP.com domain (Website). By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use (and any revisions of this Website), you should not use this Website and/or any information derived as a result of the use of this Website. If you represent a company or other legal entity, you warrant that you are authorised to bind, and acknowledge that your access to or use of this Website binds, that entity to these Terms of Use.

Use of the Website

You agree that you will not (either yourself or through any third party):

1. use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (Automated Process) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website, without the prior written permission of IXUP;
2. use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website with information, content or data accessible via or sourced from any third party;
3. use any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine to interfere or attempt to interfere with the proper working of the Website or any transaction or process being conducted on or through it;
4. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website;
5. reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the Website;
6. copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the Website without the prior written permission of IXUP;
7. post or otherwise distribute information that would be in breach of another person’s intellectual property rights;
8. post or otherwise distribute any:
   1. defamatory, obscene, harassing, threatening or other unlawful material or information; or
   2. any photographs containing obscene images (which may be determined by IXUP in its sole discretion);
9. post or otherwise distribute any information that is confidential to yourself or a third party without their permission; or
10. use the Website for any other unlawful purpose or activity.

You acknowledge that you are solely responsible for all results of your actions from your use of the Website.

Trade Marks

The trade marks, service marks and logos (Trade Marks) used in this Website are registered or unregistered Trade Marks of IXUP or its licensors. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without IXUP’s prior written consent.

Copyright

The Website, its associated layout and design are the property of IXUP. No part of the Website may be copied, reproduced, adapted or transmitted in any form by any process without IXUP’s prior written consent.

Privacy

IXUP agrees to use any of your personal information in accordance with IXUP’s Privacy Policy.

Links to Third Party Websites

The Website may provide links to access various other websites on the Internet (Third Party Websites). IXUP does not endorse or warrant or guarantee the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party Websites. The inclusion of Third Party Websites does not imply any association with the Third Party Websites’ operators.

Termination

IXUP may suspend or terminate your access to the Website due to your breach of these Terms of Use.
You may stop using the Website at any time and for any reason.

Liabilities, Indemnities and No Warranties

To the extent permitted by law, IXUP does not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any Third Party Website. In particular, IXUP is not liable if interference with or damage to your computer systems occurs in connection with your use of the Website.

To the extent permitted by law, any condition, warranty or guarantee which would otherwise be implied into these Terms of Use is hereby excluded. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which applies to these Terms of Use under the Competition and Consumer Act 2010 (Cth) or any similar State legislation and which cannot be excluded, restricted or modified.

To the fullest extent permitted by law, IXUP’s liability to you for a breach of a guarantee, condition or warranty implied by such legislation shall be limited, at IXUP’s sole discretion to:

(a) in the case of goods supplied under these Terms of Use, the payment of the cost of replacing the goods or of acquiring equivalent goods; and
(b) in the case of services supplied under these Terms of Use, the payment of the cost of having the services supplied again.

General

IXUP reserves the right to amend these Terms of Use, without notice, from time to time for legal or commercial reasons. If you do not agree with the amended Terms of Use, you must not continue to access or use this Website.

The Terms of Use are governed by the law in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms of Use.

In the event that any provision of these Terms of Use should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.