Agreement Between User and EUX

1. General
These Terms of Use and our Privacy Policy as each is amended from time to time, as well as all any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at www.eux.com.au (the “Site”). The Site is owned by EUX  (“EUX”) and is operated by EUX on its own behalf and on behalf of its affiliates, including but not limited to EUX . For the purposes of these Terms of Use, the terms “we,” “us,” “our,” and “EUX ,” refer to EUX  and its affiliates. “You” refers to you, as a user of this Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so.

EUX reserves the right to change these Terms of Use at any time, with or without notice to you, and you agree that each visit to the Site shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Site.

The Site is intended for and directed to residents of Australia and all information, advertising and claims contained on the Site are valid in and applicable only to Australia.

2. Privacy Policy
In addition to these Terms of Use, your use of and access to the Site is also subject to our Privacy Policy, each of which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. You agree that your have read, agreed to and understand EUX’s complete Privacy Policy.

3. Use of the Site – Personal and non-commercial use limitation

(a) License to Use the Site

We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the copyrighted materials, trademarks and other proprietary information provided hereon (“Site Content”), provided that you comply fully with these Terms of Use. You agree to use the Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Site or the Site Content in any manner or for any purpose.

(b) Copyright Protection

The Site and all Site Content contained thereon is protected by copyright as a collective work under copywrite law, and is owned or controlled by, or licensed to, EUX. UNAUTHORISED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE SITE CONTENT IS PROHIBITED. You may download any downloadable Site Content displayed on the Site only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Site Content is also subject to the terms of this Section, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Site Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:

 

(d) Commercial Use of Site Content

To obtain permission to copy, reproduce, distribute, display or create derivative works of portions of this Site, please contact EUX and provide the following information in the body of the email:

The Site Content you wish to use
Where, when and how it will be used
Where and how copies will be distributed and to what audience
How many copies will be produced and distributed
What other materials will be associated with the EUX content content
Your name, title, company, address, email address and phone number.

We will evaluate and respond to your request as soon as possible. EUX reserves the right to condition or refuse to consent to the use of any or all of the Site Content at any time and in any manner, in EUX’s sole discretion.

You may not provide links to images or text on EUX’s Site for commercial purposes without our prior express written consent. Upon request that you remove any link to the Site, you shall immediately remove such link.

(e) Accuracy of Information

EUX strives to accurately and completely describe its content and provide updated information on the Site; however, EUX does not warrant that information on the Site are complete or free from error.

 

4. Disclaimers and Limitation of Liability

(a) Disclaimer of Liability

NEITHER EUX, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY SITE CONTENT OR SERVICES CONTAINED ON THIS SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE.

THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER SITE CONTENT ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

5. Miscellaneous

(a) Governing Law and Jurisdictional Issues

This Agreement is governed in all respects by the laws of New South Wales, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

(b) Suggestions and Feedback

We welcome feedback or inquiries about our information. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of EUX.

(c) Interpretation and Entire Agreement

These terms and conditions, together with our Privacy Policy and EUX’s , form the complete and exclusive agreement between you and EUX, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and EUX relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(d) Contact Us

If you have any questions, comments or concerns regarding these Terms of Use and/or the Site, please contact Customer Care.