Disclaimer
Please read these Terms of Use (the "Terms") carefully before you use the website available at http://www.noventis.com.au (the "Website") because they apply to your use of our Website.
While Noventis takes reasonable steps to ensure that the information on its websites is correct, it provides no warranty or guarantee that information is accurate, complete or up-to-date. Noventis does not accept any responsibility or liability for any actions taken as a result of, or in reliance on, information on its website. In addition, Noventis reserves the right to change information on its websites at any time and without notice in its absolute discretion. This includes any information about products, applications, regulations and procedures. Noventis does not warrant or guarantee that its websites or web services will be uninterrupted or free from errors or viruses and accepts no liability for any loss or damage suffered by any user. Users use the Noventis website and web services entirely at their own risk. External links are provided as a convenience to site visitors only. Noventis does not endorse or accept responsibility for any externally linked site or its content.
No warranties
This website is provided "as is" without any representations or warranties, express or implied. Noventis makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Noventis does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Licence to Use
Unless otherwise stated, Noventis owns the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use (whether in connection with your business or otherwise), subject to the restrictions set out below and elsewhere in the Terms.
You must not:
- Republish material from the Website (including republication on another website);
- Sell, rent or sub-license material from the Website;
- Reproduce, copy or otherwise use material on the Website for a commercial purpose; or
- Redistribute material from the Website.
Acceptable Use
You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Noventis express written consent.
No warranties
The Website is provided "as is" without any representations or warranties, express or implied. Noventis makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, Noventis does not warrant that:
- The Website will be constantly available, or available at all; or
- The information on the Website is complete, true, accurate or non-misleading.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Noventis will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:
- To the extent that the Website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Noventis has been expressly advised of the potential loss.
Exceptions
Nothing in the Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Terms will exclude or limit Noventis liability in respect of any:
- Death or personal injury caused by Noventis negligence;
- Fraud or fraudulent misrepresentation on the part of Noventis or;
- Matter which it would be illegal or unlawful for Noventis to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using the Website, you agree that the exclusions and limitations of liability set out in the Terms are reasonable. If you do not think they are reasonable, you must not use the Website.
Other parties
You accept that, as a limited liability entity, Noventis has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Noventis' officers or employees in respect of any losses you suffer in connection with the Website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Terms will protect Noventis' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Noventis.
Unenforceable provisions
If any provision of the Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms.
Indemnity
You hereby indemnify Noventis and undertake to keep Noventis indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Noventis to a third party in settlement of a claim or dispute on the advice of Noventis' legal advisers) incurred or suffered by Noventis arising out of any breach by you of any provision of the Terms, or arising out of any claim that you have breached any provision of the Terms.
Breaches of the Terms
Without prejudice to Noventis other rights under the Terms, if you breach the Terms in any way, Noventis may take such action as Noventis deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
Noventis may revise the Terms from time-to-time. The revised Terms will apply to the use of the Website from the date of the publication of the revised Terms on the Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Noventis may transfer, sub-contract or otherwise deal with Noventis' rights and/or obligations under the Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms.
Severability
If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
The Terms, together with Noventis' Privacy Policy, constitute the entire agreement between you and Noventis in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
Law and jurisdiction
The Terms will be governed by and construed in accordance with the laws of Australia and any disputes relating to the Terms will be subject to the exclusive jurisdiction of the courts of Australia.
Noventis details
Noventis Pty Ltd is incorporated in Australia under Australian Business Number 69 391 696 533. Noventis registered address is: 168 Canning Street, Carlton, VIC 3053, Australia.
Revision number W2019.07
