(a) The terms and conditions set out below (Terms) are issued by Kincardin Pty Ltd (ACN 159 716 453) trading as Auxilio Ventures (Auxilio Ventures) and govern your use of auxilioventures.com (the Platform), provided, used, owned and operated by Auxilio Ventures (us/we).
(b) By using the Platform you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform unless otherwise expressly allowed for in writing by us.
(c) We reserve the right to vary any of the Terms, or any other policy or guideline regarding or available via the Platform, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Platform.
(d) You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform which are made available via the Platform and amended from time to time, to periodically be aware of any variations to the Terms and acknowledge that your use of the Platform constitutes an agreement by you to be bound by the Terms as amended or varied from time to time. If you do not agree to any of the amended terms, you must not use the Platform or purchase our products or services.
(a) You, at all times:
(i) warrant that your use of the Platform does not violate any applicable laws;
(ii) confirm that you have elected to use the Platform of your own free will;
(iii) acknowledge that your use of the Platform may result in data usage charges from your mobile or internet provider;
(iv) use the Platform at your own risk; and
When accessing or using the Platform, you must not, at any time:
(a) use the Platform for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
(b) use the Platform in any way that could damage our reputation or the goodwill or other rights associated with Our Content (as defined below);
(c) violate any legislative, common law or equitable rights of any third parties;
(d) send any content which:
(i) contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
(ii) impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
(iii) encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(iv) is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(v) contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files; or
(vii) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose us or our Related Entities or its users to any harm or liability of any type.
4. Our Content
(a) Except as otherwise expressly indicated by us in writing, the Platform and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Platform, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The Platform and all of Our Content is copyrighted – (c) 2022 Kincardin Pty Ltd trading as Auxilio Ventures All Rights Reserved.
(b) We, our Related Entities or licensors own all intellectual property rights in relation to the Platform and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
5. Limited Licence
(a) We hereby grant you a non-exclusive, limited, non-sublicensable licence to access the Platform and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:
(i) use Our Content other than for its intended purpose;
(ii) distribute or display Our Content without our prior permission;
(iii) modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
(iv) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
(v) use Our Content for any commercial use; or
(vi) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Platform, including all page headers, custom graphics, button icons and scripts.
7. Copyright Complaint Policy
(a) Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address email@example.com
(b) We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.
8. Warranty Disclaimer
(a) Except as expressly provided to the contrary in writing by us, or the Platform, the materials contained therein are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials on the Platform. We do not represent or warrant that materials in the Platform are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Platform, or any portion thereof.
(b) We are not responsible for typographical errors or omissions relating to the Platform.
(c) We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third parties. We are not responsible for any entity that claims to be authorised on its behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
9. Limitation of Liability
(a) We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Platform, except for the Statutory Rights.
(b) You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our directors, officers, employees or agents, our Related entities or directors, officers, employees or agents of our Related Entities arising out of or in any way relating to your use of the Platform, Our Content or the materials contained in or accessible through the Platform, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Platform or Platform content, or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Platform. You use the Platform at your own risk.
(c) Without limitation of the foregoing, neither we nor our directors, officers, employees or agents, nor our Related Entities nor directors, officers, employees or agents of our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Platform, the content or the materials contained in or accessible through the Platform, including without limitation any damages caused by or resulting from your reliance on any of Our Content or other information obtained from us or accessible via the Platform, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
(d) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to your use of the Platform exceed any amount that you pay to us, if any.
(e) We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
(f) We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, that may result from your use of our Platform.
You agree to indemnify us and our directors, a employees or agents, our Related Entities or its directors, officers, employees or agents of our Related Entities from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.
11. Applicable Law and Venue
The Platform is accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the Platform will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Platform from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that we have the right to send you certain information in connection with the Platform. You may have the right to withdraw this consent under applicable law. Notices provided to you via email and/or sms will be deemed given and received on the transmission date of the the email and/or sms.
You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.
15. Questions and Comments
If you have any questions regarding these Terms or your use of the Platform, please submit them to us, using the email address, firstname.lastname@example.org