Sepixo may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms that are current at the time you access and use this Website. In the case of an alteration, the altered Terms only apply after the alteration takes effect.
About Us: This Website is operated by Sepixo. Please email us at firstname.lastname@example.org if you have any questions or wish to contact us.
The Sepixo Website: The Website provides links to other websites (Linked Sites) that are operated by third parties that have no affiliation with Sepixo (3rd Party Providers) so that you can consider and compare products or services offered on the Linked Sites (3rd Party Products/Services) and obtain those 3rd Party Products/Services directly from those 3rd Party Providers through those Linked Sites.
No affiliation with 3rd Party Providers: Unless expressly stated on this Website or in these Terms, Sepixo: (a) has no relationship or affiliation with any Linked Sites, 3rd Party Providers or 3rd Party Products/Services; (b) does not endorse, sponsor or approve any 3rd Party Providers or 3rd Party Products/Services; and (c) does not make any representations, warranties or guarantees about any 3rd Party Providers, Linked Sites or 3rd Party Products/Services, including that any 3rd Party Products/Services or Linked Sites are of a particular standard, quality, value or grade. To the extent permitted by law, Sepixo excludes all express, implied, statutory and other warranties, guarantees or representations in relation to Linked Sites, 3rd Party Providers and 3rd Party Products/Services.
Listing of Linked Sites: Sepixo may from time to time list Linked Sites on the Website in a particular order; make certain Linked Sites or details of 3rd Party Providers appear more prominently on the Website than others; or list certain Linked Sites or 3rd Party Providers in priority to others on the Website or in different sections of the Website (all together referred to as Priority Listings). Priority Listings may be made on the basis of: (a) the amount of user traffic passing from the Website to a particular Linked Site from time to time; (b) a commercial arrangement between Sepixo and 3rd Party Providers, which may include payment of subscription or other fees to Sepixo, from time to time; or (c) any other basis that may be specified by Sepixo on the Website or in these Terms from time to time. Unless otherwise specified on the Website, Priority Listings are not made on the basis of any other affiliation, sponsorship or relationship between Sepixo and the Linked Sites, 3rd Party Providers or 3rd Party Products/Services or on the basis that any Linked Sites, 3rd Party Providers or 3rd Party Products/Services are of a particular standard, quality, value or grade. Priority Listings therefore do not indicate that Sepixo endorses any Linked Site, 3rd Party Provider or 3rd Party Products/Services over any others or that any Linked Site, 3rd Party Provider or 3rd Party Products/Services provide any particular benefit or are superior to any others. Sepixo assumes no responsibility for (and expressly disclaims responsibility for) any reliance you may place on the relative quality of 3rd Party Providers and 3rd Party Products/Services due to any Priority Listings at any given time.
3rd Party Disputes: The 3rd Party Provider is solely responsible for all queries and complaints concerning 3rd Party Products/Services, including those relating to defective or damaged products, products or services not of acceptable or merchantable quality, fitness for purpose, products and services which do not match description and non-delivery of products or services. Any disputes between you and a 3rd Party Provider must be resolved by you and them without involving us.
Intellectual Property Rights: Sepixo does not own the Intellectual Property Rights in or to logos, marks, images or names of any 3rd Party Providers, which only appear on the Website for the purposes of identifying, describing or referring to the Linked Sites, 3rd Party Providers and 3rd Party Products/Services. All other content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright and other rights owned by Sepixo, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. Sepixo Content comprising brands, names, images, icons and logos displayed on the Website may be the subject of registered trademarks of Sepixo, its related entities, affiliates or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark and intellectual property laws. You may access, display, download and print portions of the Website only for your own private non-commercial use. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this Website is strictly prohibited. Nothing in these Terms or on the Website, does or is intended to transfer any Intellectual Property Rights in any content on the Website (including content in which a third party may have an interest) to you or any person.
Right to upload materials: You must not upload to our database or post on the Website any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or Intellectual Property Rights or which violate any applicable law, statute, ordinance, regulation, government policy or contract. You agree to comply with Sepixo’s procedures and policies in respect of uploading information and materials as specified on the Website from time to time. Sepixo assumes no responsibility or liability in relation to Materials posted to or made available on the Website. You are solely responsible for the content of any User Content that you post to the Website and for your interactions with other users of the Website.
ISP connection and data charges: Your internet service provider may impose a connection or data charge for all material uploaded to or downloaded from the Website. You are responsible for the payment of any applicable connection or data charges.
Information on the Website: Information on this Website may or may not change from time to time. Sepixo does not promise or guarantee that this information is correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. Sepixo assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current, including links to any Linked Site, or ensuring the accuracy or completeness of any posted information. Sepixo does not undertake any obligation to control, research, verify, validate or approve the content that is received or viewed on the Website. Accordingly, you should confirm the accuracy and completeness of all posted information and content before making any decision related to any products, services or third parties described on this Website.
Third Party Sources: In addition to providing links to Linked Sites, the Website may display other material sourced from a third party (such as a product/service supplier, merchant or consumer) including advertisements and promotional offers (Third Party Sources). Sepixo does not endorse, warrant or represent the accuracy, utility or any other characteristic of any Third Party Sources or information or content appearing in any advertising or promotional offers on this Website. Sepixo is not responsible for the content of any Third Party Sources or any use (or misuse) of information you may supply to or obtain via any Third Party Sources, or for any goods or services offered via any Third Party Sources. Sepixo may include Third Party Sources on its own behalf or paid advertisements on behalf of interested companies or individuals. By clicking on the advertisements, you may be shifted to the advertiser’s website or receive other messages, information or offers from the advertiser. You acknowledge and agree that Sepixo is not liable for the privacy practices of third party advertisers or the content of their websites, information, messages or offers, and you should ensure that you have read, understood and accept the privacy policies and practices of such third party advertisers before you engage with them. You are solely liable for all communications with advertisers and for all transactions you have with them.
Security of electronic communications: You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Accordingly, Sepixo gives no guarantee that any electronic communication you send to us, any electronic communication that we send you or any data transmission you make via the Website (including uploading or transmitting any content) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive electronic communications from us and other users at your own risk. In particular, by communicating with us electronically, electing to receive electronic communications from us or transmitting data via the Website (including uploading or transmitting any content), you accept the risk of interception of such communications and transmissions by third parties and of non-receipt or delayed receipt of such communications and transmissions by us and you, as applicable.
Technical requirements: Access to the Website may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. Sepixo gives no warranty or guarantee that access to or use of the Website will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements as may be specified on the Website from time to time.
Viruses: You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the Website: We reserve the right to refuse to upload or publish on the Website any User Content or limit the volume of User Content you may upload to or publish on the Website at any time and to specify the form and format in which User Content may be uploaded, posted or published. We may also delete from the Website any User Content at any time at our discretion. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website or distribute to any Website user any material that is abusive, defamatory, obscene, contrary to law or to the rights of any person. Without limitation, Sepixo may block/delete any material posted to the Website that Sepixo decides contravenes that requirement. In using the Website, you must not engage in any unlawful practice including conduct which is misleading or deceptive or likely to mislead or deceive. You warrant that all User Content complies with this clause. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to Sepixo for breach of contract and/or infringing applicable law.
No Warranties: Use of this Website is at your sole risk. You acknowledge that as an online directory of Linked Sites, we do not provide warranties for any 3rd Party Products/Services. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees whatsoever. Sepixo expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and Intellectual Property Rights. Without limitation, Sepixo does not represent or warrant that the functions within the Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by Sepixo not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, or use a link to navigate to a Linked Site, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above or elsewhere in these Terms, to the extent legally permitted, Sepixo limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Sepixo’s discretion.
Limitation of liability: To the extent legally permitted, in no event will Sepixo be liable to you or any person or entity for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever connected to, related to or arising from this Website; any use of this Website; any use of any website, service, product or resource linked to, referenced or accessed through this Website; any transaction you enter into with any 3rd Party Provider or via any website, service, product or resource linked to, referenced or accessed through this Website; or for the use or downloading of, or access to, any materials (including User Content), information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Sepixo is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability or any other exclusion of liability contained in these Terms is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Sepixo’s maximum aggregate liability for all losses, damages and other amounts referred to in the relevant exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$10.00.
Indemnity: You agree to indemnify, defend, release and hold harmless Sepixo, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses suffered or made by any person due to or arising out of: (a) your use of this Website; (b) any violation of these Terms (including warranties expressly given by you in these Terms), any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation; (c) any User Content you post to the Website; or (d) any use of the User Content by you or any other person.
Cancellations and suspensions: We may at any time and at our discretion: (a) remove, block or refuse to post to the Website any User Content; (b) cancel or suspend your access to the Website; or (c) cancel or suspend the operation of the Website in its entirety.
User Warranties: By posting User Content to this Website or otherwise using this Website, you represent and warrant that: (a) all information and data you submit to Sepixo from time to time is correct, current and complete; (b) you own all Intellectual Property Rights in the User Content you post to the Website or otherwise have the right to upload such materials to the Website; (c) the User Content does not infringe the Intellectual Property Rights or other rights of any person; and (d) you are not aware of any current or pending claims by third parties in relation to the User Content. You are solely liable for (and indemnify, defend, release and hold harmless Sepixo, its officers, directors, employees, agents, contractors, licensors and suppliers from and against) all Losses suffered by any person directly or indirectly as a result of a breach of any of the above warranties and agree not to bring any claim, action, proceeding or suit against Sepixo in respect of such Losses, or assist any person to do so. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any Losses suffered by any person directly or indirectly as a result of a breach of any of the above warranties.
Personal use only: We provide the Sepixo Service via this Website to you individually and personally. Your right to use the Website cannot be assigned to anyone else and you must not re-sell the services offered by our Website to anyone else or make other commercial use of these services without our prior written consent. Sepixo grants you a non-exclusive, revocable right to use the Website as expressly permitted by these Terms provided that you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach these Terms.
Arbitration: Any complaint, dispute or controversy arising in any way out of these Terms or use of the Website may at our option be referred to arbitration conducted by and in accordance with the rules adopted by the Australian Commercial Disputes Centre. You agree to be bound by the arbitrator’s decision. The arbitrator will decide who should pay the costs of the dispute.
Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
No Waiver: No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Entire agreement: These Terms and any other document, policy or terms referred to herein constitute the entire and only agreement between you and us in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by you or us whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. You acknowledge that you are not relying on statements, warranties or representations given or made by us in relation to the subject matter of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, you have no rights or remedies with respect to such subject matter otherwise than under these Terms.
Force Majeure: We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply any services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
Assignment: You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between you and us. You have no authority to bind us or our related entities in any way.
Applicable law: These Terms are governed by the law of New South Wales, Australia. You and Sepixo submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Definitions: For the purposes of these Terms:
Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trademarks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.
Losses means all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature.
Materials means Sepixo Content and User Content.
Sepixo Content means any information, documents, data, audio visual materials (including audio or video files of any type) or other materials Sepixo uploads to or displays on the Website from time to time in any form, excluding any content, logos, marks, images or names of any 3rd Party Providers that may appear on the Website from time to time.
Sepixo Service means the provision on the Website of links to Linked Sites that are operated by 3rd Party Providers for the purpose of allowing you to consider, compare and obtain 3rd Party Products/Services directly from 3rd Party Providers through the Linked Sites; a search function to allow you to search for Linked Sites that may be provided on the Website from time to time; the provision of an online forum on the Website for communication, publication and discussion of User Content; and any other services offered by Sepixo from time to time as specified on the Website.
User Content means any information, documents, data, images, text, audio visual materials (including audio or video files of any type) or other materials you, or any other person authorised by you, provide us or upload or post to the Website in any form from time to time.
Website means the website located at www.sepixo.com, any website which replaces that website from time to time, and any other application distribution platforms (including mobile applications) through which Sepixo may provide the Sepixo Service or access to the content at www.sepixo.com.