TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
These general terms and conditions of use (“General Terms”) form a legal agreement between you and NonTox Holdings Pty Ltd ACN 628 539 677 an Australian incorporated company.
The General Terms govern your access to and use of intellectual property (“IP”) owned by NonTox Holdings as set out in these General Terms, and as amended by NonTox Holdings from time to time.
Subject to your compliance with the NonTox Holdings Terms you will be able to manage access the information we provide through the Nontox Holdings website (“Website”).
A reference to “you” or “your” in the NonTox Terms refers to you as a user of our Services. A reference to “we”, “us” or “our” refers to NonTox.
Please carefully read these General Terms and the other terms and conditions that relate to your mode of use before deciding whether to access any NonTox Holdings IP.
This section sets out the key rules on how you can use our IP:
- Our IP is provided for your use when considering becoming a potential client or investor.
- Improper use of our IP will not be permitted and, if warranted, your Membership may be suspended or terminated.
A more detailed explanation of our General Terms is set out below. The NonTox Terms apply to all your interactions with Nontox. Unless otherwise stated, a reference to the NonTox Terms also includes any related policies.
Please carefully read each of these documents before deciding whether to register to access NonTox IP.
Your right to access our IP is subject to your agreement to the NonTox Terms.
1. OUR IP
1.1 NonTox is providing access to our bioherbicide IP that may be accessed through our website for the sole purpose of becoming a client or investor.
1.2 Any exclusion of NonTox’s liability in the NonTox Terms includes exclusion of liability for any director, officer, member, employee, contractor, representative, agent, affiliates, subsidiary or joint venture partner, successor or assign of NonTox.
2. USE OF OUR SERVICES
2.1 If you interact with our IP as the user of an Account, you bear sole responsibility for the management and use of your Account and it is your responsibility to:
a) manage how you create and use: your user name; password and the answers to any account identification questions;
b) ensure that your registration details are true and accurate at all times;
c) update your registration and instruction details from time to time when they change.
2.2 NonTox may exercise its discretion to alter, suspend, terminate or restrict access to our IP.
3. ACCOUNT CLOSURE
3.1 You can close your Account at any time.
4.1 NonTox reserves the right to change its Terms at any time and such new terms and conditions will (regardless of the notice given to you) become immediately binding on you once the changes are posted on our website.
4.2 If you continue to use access our IP after the NonTox Terms are varied, you are deemed to have agreed to be bound by the variation. It is therefore important that you review the NonTox Terms and NonTox policies regularly.
5. USE OF OUR IP
5.1 Subject to the NonTox Terms, you are granted non-exclusive, limited and revocable access to the IP.
5.2 If you agree to the NonTox Terms you represent to NonTox that you:
a) are 18 years old or older;
b) are capable of entering into a legally binding agreement; and
c) agree to be bound by any additional terms and conditions associated with any IP sourced from NonTox Holdings.
6.1 NonTox may refuse to approve or decide to terminate an existing Account or your access to our IP at any time and at our sole discretion. That decision may be made without cause or notice (other than any notice required by any applicable law).
6.2 We reserve the right to cease providing access to our IP at any time without notice.
7. PROHIBITED USE
7.1 IP may only be used for legal and legitimate purposes.
7.2 You must not:
a) create a new account to use access our IP after NonTox has terminated your Account due to your breach of the NonTox Terms;
b) act in any way that violates the NonTox Terms; or
c) engage in any action or practice that reflects poorly on NonTox or otherwise disparages or devalues the reputation or goodwill of NonTox.
8. RESERVED RIGHTS
8.1 NonTox reserves the right to investigate, at its own discretion, any activity that it considers may violate the NonTox Terms.
8.2 NonTox may refuse to approve or decide to terminate an existing Account at our sole discretion and that decision may be made without cause or notice (other than any notice required by any applicable law).
8.3 NonTox reserves the right to, from time to time and without seeking your consent:
a) establish general practices and limits concerning access to our IP; and
b) restrict access to all or part of any IP (without notice and/or without incurring any liability).
8.4 The NonTox IP remains the property of NonTox Holdings Pty Ltd even after the termination of your Account.
9.1 The trademarks, trade names, service marks and other NonTox logos and brand features, and product and service names are the property of NonTox (“NonTox Marks”).
9.2 You must not copy, transmit, display, perform, alter, store, licence, distribute or otherwise use the NonTox Marks.
9.3 Other featured trademarks, words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.
9.4 NonTox owns all right, title and interest, including without limitation all Intellectual Property Rights including the technology and brand of NonTox including implied licenses, but excluding any items NonTox has licensed from third parties.
9.5 You will not acquire any right, title, or interest in or to our IP except as expressly set forth in a separate legally binding agreement.
10. INFORMATION RIGHTS
10.3 NonTox may:
a) provide information to courts or other authorities in response to a valid legal process or to establish or exercise the legal rights of NonTox or to defend against legal claims.
11. ELECTRONIC COMMUNICATIONS
11.1 You agree that NonTox may use electronic means such as email and notices posted on our Website to communicate with you concerning:
a) amendments to the NonTox Terms;
b) notices or other disclosures;and/or
c) any other matter related to the NonTox Terms.
11.2 Please retain copies of any electronic communication by either saving a ‘soft’ copy or printing the document.
11.3 You will be deemed to receive the communication once it is sent to you at your email address or posted on our Website.
11.4 You agree to receive electronic communication even in circumstances where you may have a statutory right to receive such communication in paper form.
11.5 You are entitled to request an electronic communication to be resent or to order a paper copy, but NonTox reserves the right to charge a reasonable fee for such additional service.
11.6 Please promptly notify NonTox of any change to your email address.
11.7 You may also notify us if you withdraw your consent to receive electronic communication, however NonTox reserves the right to suspend or terminate your access to our IP if you withdraw that consent.
12.1 You release NonTox from any liability in relation to any claim, demand and damage (whether actual and/or consequential) regardless of the kind or nature of the liability, whether it is known or unknown.
13. NO GUARANTEE
13.1 Our IP is provided on an “as is” and “as available” basis.
13.2 Your use of our IP is at your sole risk and you agree that NonTox is not liable for how you use our IP or the outcomes that result.
13.3 We do not guarantee the results you will achieve through accessing our IP and NonTox takes no responsibility for your actions, choices or decisions, as they are your responsibility.
13.4 Any information provided is intended to assist you and that information is not, nor is it intended to be, a substitute for legal, financial or other professional advice.
13.5 Although NonTox intends to take reasonable steps to protect the integrity and reliability of our IP, NonTox does not warrant and NonTox does not give you any guarantee or representation that:
a) any information or other material accessible through our Website will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
b) there will be any operational stability, availability or continuation of access;
c) any message, email, notice, post, answer or transmission of information will be successfully delivered; or
d) there will be any continuation of the agreement formed under the NonTox Terms.
1. NonTox warns you that access to our IP may be discontinued at the sole and absolute discretion NonTox at times due to:
2. down time and scheduled maintenance;
3. outages to any public Internet backbones, networks or servers;
4. equipment failure including the failure of third party systems such as international or local access systems; or
5. a Force Majeure Event.
14. LIMITED LIABILITY
14.1 To the maximum extent permitted by applicable law, NonTox disclaims all warranties, either express or implied, including but not limited to:
a) uninterrupted or continuous availability of our IP;
14.2 Under no circumstances (including but not limited to any act or omission on the part of NonTox) will NonTox be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (“Damages”).
14.3 NonTox has no liability for any Force Majeure Event.
14.4 Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you.
14.5 Nothing in this Agreement limits or excludes our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited by law.
15. LOCAL LAWS
15.1 The NonTox Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into the NonTox Terms that cannot be excluded.
15.2 If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then liability of NonTox is limited to that extent.
15.3 If any provision in the NonTox Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.
15.4 If necessary the invalid provision will be deleted from the NonTox Terms and the remaining provisions will remain in full force and effect.
16.1 If any provision of the NonTox Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from the NonTox Terms and will not affect the validity and enforceability of any remaining provisions.
17. NO WAIVER
17.1 A failure by NonTox to act with respect to a breach by you or any third party does not waive the right of NonTox to act with respect to subsequent or similar breaches.
18.1 Please contact us by email if you have a complaint regarding access to our IP.
19. GOVERNING LAW
19.1 The laws of New South Wales govern any agreement formed under the NonTox Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.
20.1 “Force Majeure Event” means an event including, without limitation, an act of God, storm, tempest, war, terrorism or threat of terrorism, revolution, civil strife, plague or epidemic, industrial action, strike, fire, flood, public disaster, failure or delays of scheduled transportation, interruption of essential services or public utilities, governmental intervention or exercise of authority, which is outside NonTox’s control.
20.2 “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements of those rights, now or later that are in force and effect worldwide.