(b) CX Central Privacy Collection Notice.
2. Website Use and Access
2.1 You may only use the Website and the information contained on the Website for personal, non-commercial use
2.2 You may access the Website at any time, unless it is restricted due to:
(a) maintenance, updates or upgrades; and/or
(b) factors outside our control such as network outages, the quality of your internet connection, the type of computer or mobile device used, or your software.
2.3 We do not accept any responsibility for factors outside our control.
3. Your use of the Website
3.1 You acknowledge that you will provide accurate and complete information when you use the Website and will not mislead or deceive others through any act or omission.
4. Limitations on Use
By accessing and using the Website you warrant and agree that you will not:
(a) use the Website for any unlawful or prohibited purpose;
(b) copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify in whole, or in part, the Website;
(c) hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
(d) use the Website for any activity which is obscene, indecent, offensive or defamatory;
(e) hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or any information contained on it;
(f) tamper with, hinder the operation of or make unauthorised modifications to the Website;
(g) upload any material onto the Website, or use the Website in any way which:
(i) infringes the intellectual property rights of any person; or
(ii) is unlawful or prohibited;
5. Technical Information and Security
5. 1 The transmission of data over the internet is not always secure. Although we endeavour to secure the Website, you access it at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise, which arises in connection with your use of the Website.
5.2 You acknowledge that it is your responsibility to:
(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output; and
(b) ensure that whatever you select for your use in the Website is free of viruses or anything else that may interfere with or damage the operations of your computer or mobile device.
5.3 We do not warrant that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
6. Intellectual Property
6.1 The Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
6.2 You should assume that any intellectual property in the Website is owned by CX Central or third parties and unless permitted by law, you must not:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
(b) commercialise any information, products or services obtained from any part of the Website without our prior written consent.
7. Third Party Websites
7.1 The Website may contain links to websites owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites.
7.2 Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
7.3 We make no representations or warranties and are not liable for:
(a) the content or accuracy of any information contained in linked websites and third party websites; and
(b) any loss or damage suffered as a result of access to, or use of, these third party websites, or the reliance on the information contained within.
7.4 You must make your own enquires as to the suitability of content of third party websites and the goods and services available on them.
8. Content Standards
8.1 These content standards apply to any and all material that you contribute to our Website, which may include text, information, images and feedback, comments or suggestions on the Website, and other types of content (Contribution).
8.2 By uploading, transmitting, posting or otherwise making any Contribution you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and/or exploit such Contribution for any commercial or non-commercial purpose;
(b) warrant that the Contribution is accurate (where you state fact); is genuinely held (where they state opinions); and complies with any applicable law in Australia; and
(c) you give your unconditional and irrevocable consent to any act by us which would otherwise, but for your consent, infringe your moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Contribution.
8.3 We reserve the right (but have no obligation) to:
(a) prevent the upload, transmission, posting or otherwise making available of any Contribution from a user or Register User of the Website;
8.4 You agree to accept full responsibility for any Contribution you upload, post, transmit or otherwise make available on the Website and you agree that we will not be liable for any such Contribution uploaded, posted, transmitted or otherwise made available on the Website.
8.5 You acknowledge and agree that any Contribution made by you must not:
(a) contain any material that is defamatory of any person;
(b) contain any material that is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe the intellectual property rights of any person;
(f) be likely to deceive any person;
(g) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(h) promote illegal activity;
(i) give the impression that they emanate from us, if this is not the case; or
(j) contain links or reference to other services or websites.
8.6 By allowing you to upload, post, transmit or otherwise make available your Contribution on the Website, we are not to be taken as having endorsed any opinion, advice or statement made by you.
9. Suspension or Termination
9.2 In the above instance, we will endeavour to notify you of the breach and ways in which you can remedy it. Should you fail to remedy the breach within a reasonable time, you must immediately cease to access and use the Website.
10. Exclusion of Warranties
10.1 While we endeavour to ensure the accuracy and completeness of the information on our Website, it may contain errors and omissions.
10.2 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:
(a) any material and/or information on the Website;
(b) the performance and availability of the Website;
(c) the loss, damage or corruption of any data or other material because of the use of the Website.
10.3 We make no warranty or guarantee that the services provided on our Website will guarantee your business requirements.
10.4 Where liability cannot be excluded, any warranty by us in relation to the use of the Website is limited as provided under the Competition and Consumer Act 2010 (Cth).
11. Limitation of Liability
11. To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:
(a) the use of, or reliance on, any of the information or material contained on or omitted from the Website;
(b) the services provided on the Website;
(c) the use of other third party linked websites;
(d) the unauthorised use of your login details;
(e) the suspension, termination or interruption of the Website in whole or in part for whatever reason; or
(f) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website.
11.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Website or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth), to any one or more of the following:
(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
13.5 For further information on using our Website, please contact us at cxcentral.com.au.