1. GENERAL INFORMATION
1.1 We are Nanoveu Limited, a business registered in Australia under the registration number ACN 624 421 085 (“we”/”us”/”our”). Our registered address is at 1/18 Olive Street, Subiaco WA 6008, Australia.
1.2 We may change the Terms from time to time and your continued accessing or utilisation of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.
2. YOUR USE OF THE WEBSITE
2.1 You agree that you will not:
2.1.1 use the Website (or any part of the Website) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
2.1.2 upload, transmit or otherwise disseminate through the Website: (a) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (b) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or needless anxiety; or (c) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
2.1.3 use the Website in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”;
2.1.4 send unsolicited e-mail, including promotions or advertising of products or services; or
2.1.5 access or attempt to access any part of the Website that you are not authorised to access and you will not penetrate or attempt to penetrate Website security measures.
2.2 You agree that, in the event that you have any right, claim or action against any user of the Website arising out of that user’s use of the Website, you will pursue such right, claim or action independently of, and without recourse to, us, and keep us indemnified against any claims, costs and expenses arising therefrom.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 This Website contains material which is owned by or licensed to us. Such material includes (but is not limited to) design, layout, look, appearance, graphics information, communications, software, images and sounds contained on or available through the Website. You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. The contents of the Website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission.
3.2 You acknowledge and agree that the material and content contained within or provided by the Website is for your own personal non-commercial use only. You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
3.3 By submitting information, text, photos, graphics or other content to us via the Website, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
4.1 This Website may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
4.2 You may not create a link to this Website from another website or document without our prior written consent.
4.3 You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Website (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Website or otherwise access such content for similar purposes.
5. WARRANTIES AND LIMITATION ON LIABILITY
The Website is provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. In particular, we do not warrant:-
(a) that the files available on the Website are free from viruses, contamination or destructive features. You acknowledge that we do not accept any liability for damage to your computer system or loss of data that results from your use of the Website;
(b) that the information on the Website itself will be free from errors or omissions. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law; or
(c) that the Website will be available uninterrupted and in a fully operating condition. You acknowledge that access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your internet account or on your behalf.
7. SECURITY AND PRIVACY
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website).
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining parts of the Terms.
The Terms shall be governed by and interpreted in accordance with the laws of Perth, Australia. Disputes arising in connection with the Terms shall be subject to the non-exclusive jurisdiction of the courts of Perth, Australia.