PEXX WEBSITE TERMS OF USE
Version date: 1.0 dated 14 July 2024
Acceptance of the Terms of Use
These terms of use are entered into by and between You and PEXX Technology Pty Ltd (Company, "we," or "us").
The following terms of use (Terms of Use) govern your access to and use of:
this website including any features, functionality and services offered on or through this website (the Website Services);
all information and data (including data files, written text, computer software, location data, audio files or other sounds, photographs, videos or other images) which you may have access to through your use of the Website Services (Content);
Please read the Terms of Use carefully before you start to use the Website Services. By using the Website Services, or by otherwise accepting or agreeing to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website Services.
Conditions for Access
The Website Services are offered and available to users who are 18 years of age or older. By using the Website Services, you represent and warrant that you meet all the foregoing eligibility requirements and you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us. If you do not meet all of these requirements, you must not access or use the Website Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them. You should review any varied Terms of Use posted to this page regularly so you are aware of any changes, as they are binding on you.
Disclaimer
The Services and Content are made available to you strictly on an ‘as is’ and ‘as available’ basis. We reserve the right to withdraw or amend the Website Services and Content without notice. Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under law, including Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law), which cannot be excluded, restricted or modified. Except for warranties which cannot be excluded at law (including the Australian Consumer Law), we make no representations, warranties, covenants or guarantees of any kind as to the operation of the Website Services and the quality, suitability, accuracy or completeness of the Content.
In particular, we do not guarantee that:
access to the Website Services will function as intended or be uninterrupted or delayed;
the Website Services, or the facilities that make them available, will not cause damage or are free from any computer virus or any other defects or errors.
You are responsible for making all arrangements necessary for you to have access to the Website Services.
Intellectual Property Rights
You acknowledge and accept that the Website Servicesand the Content may be the subject of intellectual property rights which are owned by the Company or third parties. We do not warrant that the Website Services and Content are free from any third-party claims, including in relation to infringement of third party intellectual property
These Terms of Use permit you to use the Website Services and the Content for your personal, non-commercial use only.
Unless otherwise specified or as permitted under the Copyright Act 1968 (Cth) (for example authorised copies of a reasonable number of pages for personal use) or other applicable laws which may not be excluded, restricted or modified, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content.
Prohibited Uses
You may use the Website Services only for lawful purposes and in accordance with these Terms of Use. Without limiting any other restrictions in these Terms of Use, you agree not to upload or transmit material through the website that is offensive, defamatory, obscene, discriminatory, fake or misleading, invasive to another person’s privacy, infringing intellectual property.
Additionally, you agree not to:
use the Website Services in any manner that could disable, overburden, damage, impair, or interfere with the proper working of, the Website Services, or their use by any other person;
use any robot, spider, or other automatic device, process, or means to access the Website Services for any purpose, including monitoring or copying any of the material on the Website Services;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website Services, the server on which the Website Services is stored, or any server, computer, or database connected to the Website Services; or
otherwise attempt to interfere with the proper working of the Website Services.
Access suspension
To the extent permitted by law (including the Australian Consumer Law), if we determine that you have breached the Terms of Use, we have the right to, at any time and without notice suspend or limit your access to the Website Services.
Reliance on Information Posted
The information presented on or through this website is made available solely for general information purposes. While we have taken reasonable measures to ensure that the Content, including product and pricing data, is complete and accurate, we do not warrant the accuracy, completeness, or usefulness of the Content. We advise and encourage you to consider the specific product or service terms offered to you at the time of your purchase or access – in the event of any inconsistency with the Content, those terms will prevail.
Before taking or refraining from any action in reliance on the Content, you should make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this website. Before making any investment, you should evaluate all relevant material (including any product disclosure statement, if applicable) and consider obtaining independent financial and tax advice.
Unless expressly stated otherwise, the Content does not:
purport to provide you with personal financial, investment, legal or tax advice of any kind;
take account of your financial position or requirements;
constitute an offer or inducement to enter into a legally binding contract; or
form part of the terms and conditions for our products and services.
Digital Token Services and Other Terms and Conditions
All use or access of the digital token service are governed by our ‘Digital Token Services Terms of Use’ available at: [insert link to terms of sale]. Additional terms and conditions may also apply to specific portions, services, or features of, or available on, this website. In the event of any inconsistency with these Terms of Use, those additional terms and conditions will prevail.
Linking to this Website
You may link to this website, provided you do so in a way that is fair and legal; and does not damage our reputation or suggest any form of association, approval, or endorsement on our part. If requested by the Company, you must remove any hyperlink to this website contained on your website or any other digital content.
Linked Third Party Sites and Resources
This website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Limitation on Liability
To the extent permitted by law and except as otherwise provided under these Terms of Use:
subject to any rights that you may have under the Australian Consumer Law, the Company excludes all liability for any loss or damage of any kind, in contract, tort, under statue or otherwise, not caused by its negligence or fraud including arising directly or indirectly from or in connection with this website, the Content or the Website Services; and
the Company’s liability to you for loss or damage of any kind arising out of these this website, the Content or the Website Services will be reduced or limited to the extent (if any) caused or contributed by you or any other matter outside our reasonable control.
Governing Law and Jurisdiction
All matters, including any dispute or claim (whether or not contractual), relating to the website or the PEXX application and these Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them, for determining any dispute concerning this agreement or the transactions contemplated by it.
Your Comments and Concerns
The Services are operated by PEXX Technology Pty Ltd. All notices of copyright infringement claims should be sent to the copyright agent by email at [email protected] in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website Services should be directed to: [email protected].