Ixom owns and operates this Website. Access to and use of the Website is subject to the following terms and conditions. By using the Website, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions since your last visit.
Interpretation
A reference in these Terms and Conditions to "Ixom" or "us/we" is a reference to the entire Ixom group of companies. A reference to "you/your" is a reference to the individual accessing the Website and also to any company, entity or other organisation which they represent.
Amendments to Terms and Conditions
Ixom reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Website availability
Access to this Website is permitted as a service on a temporary basis, and we reserve the right to withdraw or amend that service without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Website accuracy
Information on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
Prohibitions
You must not misuse this Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; post any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision may in some circumstances constitute a criminal offence and Ixom will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites. You are responsible for implementing your own security, back-up and virus-protection procedures.
Intellectual Property
The intellectual property rights in all content (including photographic images and graphics) made available to you on or through this Website remain the property of Ixom or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Ixom and its licensors. You may store, print and display the content supplied solely for your own personal use and non-commercial use. You are not permitted to publish, manipulate, sell, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
Privacy
Our privacy policy, which sets out how we will use your personal information, can be found here. By using this Website, you consent to the processing of your personal information in the manner described in the privacy policy. For the avoidance of doubt, the privacy policy is incorporated into and made subject to these terms and conditions and, in the event of a conflict between the two, these terms and conditions will prevail.
Disclaimer of Liability
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law or equivalent consumer-protection legislation applicable in other relevant jurisdictions, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. It is made available solely for general information purposes, without warranty as to its completeness or usefulness.
You acknowledge and accept that information sent or received during your use of the Website may not be secure and may be intercepted by unauthorised third parties.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND ACCESS IS PROVIDED ON AN "AS IS" BASIS. YOU ACKNOWLEDGE AND ACCEPT THAT IXOM MAKES NO REPRESENTATION AND GIVES NO WARRANTY OR GUARANTEE THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE SITE WILL BE SECURE OR VIRUS-FREE; OR THAT INFORMATION POSTED ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE.
IXOM ACCEPTS NO LIABILITY FOR ANY DAMAGE OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, RELIANCE, INTERRUPTION, DELETION, DEFECTS, TRANSMISSION FAULT, COMPUTER VIRUS, FILE CORRUPTION, NETWORK FAILURE OR LOSS OR DESTRUCTION OF DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IXOM ACCEPTS NO LIABILITY FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW IXOM HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND IT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISES IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.
IF, NOTWITHSTANDING THE DISCLAIMERS AND EXCLUSIONS SET OUT IN THESE TERMS AND CONDITIOMS, IXOM IS FOUND TO BE LIABLE IN DAMAGES, ITS LIABILITY FOR SUCH DAMAGES WILL BE LIMITED TO THE FULL EXTENT PERMISSABLE AT LAW.
The above disclaimer does not affect Ixom’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linked Sites
This Website may contain links to other websites ("Linked Sites"), which are not operated by Ixom. Ixom has no control over Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Third party content
This Website may include content provided by third parties. All statements and/or opinions contained in third party content are solely the opinions and the responsibility of the person or entity providing those materials, and do not necessarily reflect the opinions or policies of Ixom. Ixom is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Third party brands
Trade marks and other forms of branding featured on this Website are not necessarily associated, linked or affiliated with Ixom and you should not rely on the existence of such a connection or affiliation. Any trade marks or brand names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it may be solely for the purpose of describing or identifying the associated products or service and may not constitute an assertion that such products or services are endorsed by or connected to Ixom.
Indemnity
You agree to indemnify, defend and hold harmless Ixom, its directors, officers, employees, consultants, agents, and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms and Conditions.
Variation
Ixom may in its absolute discretion at any time and without notice amend, remove or vary these Terms and Conditions and any product description or specification appearing on this Website.
Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any term or part of a term can be severed to render the remaining part valid, the term shall be interpreted accordingly.
Applicable law
These Terms and Conditions are governed by the laws of the State of Victoria, Australia, and the courts of Victoria (and courts of appeal therefrom) have exclusive jurisdiction to determine any matter arising.