Terms Of Use

Introduction

This web site is operated by Linx Australia Group and our related companies and trusts (“Linx”, “us”, “our”, “we”) under the domain name “www.linxaustraliagroup.com.au” (“Our Web Site”).

Application of these Terms of Use

This document, together with:

(a) the Privacy Statement; and

(b) any additional terms of use that govern your use of, and access to, certain sections of Our Web Site,

govern your use of, and access to, Our Web Site (“Terms of Use”).

Since you are also bound by the Privacy Statement and any additional terms referred to above, you should review them wherever they are accessible by you on Our Web Site

If you do not agree with these Terms of Use you should not continue to access or use Our Web Site.

If you proceed beyond the homepage you agree to accept these Terms of Use.

By accepting these Terms of Use, you are entitled to view and access the material contained in Our Web Site, strictly in accordance with these Terms of Use.

This document do not derogate from any additional terms and in the event there is inconsistency between the terms in this document and any additional terms, the provisions of the additional terms will prevail in respect of that section of Our Web Site, product or service accessed via Our Web Site.

Purpose of Our Web Site

The purpose of Our Web Site is to provide you with background information on us and our related companies and to allow you to make contact with us. It may provide you with general information about our products and services.

Unless expressly stated otherwise, any information about products and services contained in Our Web Site:

(a) does not constitute an offer or inducement to enter into any legally binding contract,

(b) form part of the terms and conditions of any products and services; or

All applications for credit or finance arrangements are subject to Linx’s or its financiers normal credit approval criteria.

Content of Our Web Site

The content on Our Web Site is either owned by us or we are the licensed user of the copyright in any materials, information, documents, text or plans (“Material”) and may be protected by copyright laws, trademarks, design rights and other intellectual property rights.

By accessing Our Web Site, we are authorising you to use the Material for your private use only and not for any commercial or other purpose. You are not authorised and must not by any means (including but not limited to mechanical, electronic or otherwise) copy, distribute, republish, post or transmit, display or download any Material (“Prohibited Acts”). You must seek the specific written consent of us and/or of the copyright owner as applicable (which consent may be given or withheld or given on terms and conditions) prior to performing any one or more of the Prohibited Acts.

Subject to any contribution to Our Web Site we authorise you to make or request from you, you acknowledge that you may not alter, modify or change Our Web Site or the content of any Material in any way.

There may be sections of Our Web Site where you are able to give your feedback, ask questions, make comments, give suggestions or generally contribute to Our Web Site. If you choose to contribute to Our Web Site via any of these sections, you acknowledge that the content of any contribution will not be treated as confidential. By contributing any content to Our Web Site via any of these sections you are authorising us to use that content for distribution, exhibition, display, re-use or transformation. You are also authorising us to use any ideas and concepts for any purpose whatsoever and in any manner it sees fit and you assign all your right title and interest in any content contributed by you to Our Web Site.

Changes to Our Web Site or the Terms of Use

We expressly reserve our rights to change these Terms of Use, Our Web Site or any material and information, offers, products or services contained in Our Web Site, without notice.

Any changes take effect from the time they are first uploaded to Our Web Site. It is your responsibility to print off a copy of these Terms of Use and review them for any changes since you last accessed Our Web Site. Your continued use of this Website will be considered as your acceptance of these Terms of Use as amended.

We are not liable for and you indemnify us against any claims relating to or arising from any loss or damage suffered or incurred by any person arising from in connection with any changes to Our Web Site including but not limited to any changes in any Material and these Terms of Use.

Links to Third Party Web Sites

Our Web Site may include links to web sites operated by unrelated third parties (“Third Party Web Sites”).

Any Third Party Web Site accessed via Our Website is independent of us and we have no control over any content on that Third Party Web Site.

We do not endorse or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites (“Third Party Material”) or your use of the Third Party Web Sites or any Third Party Material.

To the extent permitted by law, we make no representations or warranty of any nature whatsoever:

(a) regarding any content (including but not limited to offers to sell or statements, advice and/or opinions relating to goods and services) on a Third Party Web Site and such content is the responsibility of and given by the Third Party Web Site operator;

(b) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or

(a) that Third Party Material does not infringe the intellectual property rights of any person.

Insofar as any Third Party Material (including but not limited to content such as offers and statements by the Third Party Operators) is made on Our Web Site, such material, offers and statements are made by Linx on behalf of the Third Party Web Site operator. Linx expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

We may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from Our Web Site.

We are not authorising the reproduction of Third Party Material by linking Material on Our Web Site to Third Party Material on a Third Party Web Site.

Unless otherwise indicated software downloads available via links from Our Web Site are third party products. These products may be subject to a licence agreement between you and the relevant product owner.

To the extent permitted by law, Linx accepts no liability in respect of such third party products and Linx provides no warranty and gives no endorsement in respect of such products or any party connected with them.

It is your responsibility to take the necessary precautions to ensure that whatever you download from any web site (including but not limited to Our Web Site) is free from any virus, worm or any other item of a destructive nature which is communicable via downloading from the internet.

We accept no liability whatsoever for any loss whatsoever or damage whatsoever or howsoever arising from or through your access to Our Website or any Third Party Web Site accessed via the Web Site or arising from or caused by any virus, worm or other item of a destructive nature downloaded via your access to Our Web Site or any Third Party Web Site accessed via Our Web Site.

Your Indemnity

Your indemnify us at all times and agree to keep Linx and its related entities, directors, officers, employees, agents and contractors indemnified to the fullest extent at all times against any claim action demand loss or damages made or incurred by you or any third party arising out of or relating to your conduct, your use of Our Web Site, your use of any Third Party Web Site accessed via Our Web Site or your breach of any rights of any third parties.

Limitation on Liability

Linx and its officers, employees, agents and consultants accept no liability whatsoever for loss or damage suffered by you through your access to Our Web Site or any Third Party Web Site accessed via Our Web Site or caused by any statements, opinions, information, images or other matters (express or implied) arising out of, contained in, accessed from or derived from, or for any omissions from Our Web Site save for any liability which cannot be excluded by law.

Disclaimer

Our Web Site does not purport to contain all the information that you may require with respect to acquiring goods, services, advice or rights to the use of our technology. Images (including photographs, illustrations, plans or any other images) and descriptions used in Our Web Site are intended to be a visual and descriptive aide only and may show items or inclusions which do not form part of a product or service or right of use. You must seek particular advice from us independently from Our Web Site in respect of any goods, services, advice or rights to the use of our technology.

No Warranties

We will endeavour to ensure that all information on Our Web Site is current and correct. We make no representation or warranty (express or implied) as to the currency, accuracy, reliability or completeness of any information.

Your use of Our Web Site, including all Material and data, downloaded or accessed from or via this Website is entirely at your own risk. Before acting on (or refraining from acting) or relying upon any information or material contained in or accessed via Our Web Site, you must make your own enquiries in relation to the relevant goods, services or rights of use (as applicable) and more particularly, obtain independent and specific advice from the appropriate professional advisors.

We do not guarantee that Our Web Site or Third Party Web Sites will be free from viruses, or that access to Our Web Site or Third Party Web Sites will be uninterrupted.

Termination or Restriction on Access to Our Web Site

We reserve our right (in our sole and absolute discretion) to:

(a) refuse, restrict or terminate your access to; or

(b) discontinue,

Our Web Site (or any service or product offered via Our Web Site) in whole or as to any part without notice to you.

We are not liable for and you indemnify us against any claims relating to or arising from any loss or damage suffered or incurred by you or any person arising from or in connection with any refusal or restriction of access to or discontinuance of Our Web Site (or any service or product offered via Our Web Site) in whole or in any part, whether or not such refusal, restriction or discontinuance is on account of a deliberate act by you or us or because of any temporary or permanent fault or defect in Our Web Site.

All:

(a) restrictions;

(b) licences granted by you; and

(c) all disclaimers and limitations of liability by us, will survive termination, however, you will no longer be authorised to access Our Web Site.

Jurisdiction

These terms and conditions and any dispute arising under or pursuant to them is governed by the law of Victoria.