IPEX Pty Ltd – Website Terms of Use

Date of last revision: 7/11/2024

1.   Introduction

1.1          IPEX Pty Ltd (ABN 52 636 087 351) of Level 2 51-65 Clarke Street, Southbank VIC 3006 (“IPEX”, “us” or “we”) provides the ipex.com.au website (“Site”).

1.2          These terms and conditions (“Terms”) are deemed to incorporate our privacy policy which explains how we collect, use and disclose or otherwise handle your personal information (Privacy Policy) available at https://ipex.com.au/privacy/ and should be read together with these Terms. The provisions of the Privacy Policy apply as if set out in full in these Terms.

1.3          In the Terms:

1.3.1          “you” means:

(a)          the person accessing or using the Site or the services provided through or in connection with the Site; and

(b)          when applicable, also includes a reference to the Organisation and your employer if that is not the Organisation; and

1.3.2          “Organisation” means the Principal, Contractor or Subcontractor that has agreed to use the IPEX Platform in respect of a Project with which you are associated.

1.4          Please read the following Terms carefully before using the Site.

2.   Acceptance of Terms

2.1          These Terms govern your access and use of the Site, including any data, information, content or materials on, forming part of, or available in connection with, the Site and any services provided through or in connection with the Site.

2.2          By accessing or using the Site, you are agreeing to these Terms. If you do not agree to these Terms, you must immediately cease accessing or using the Site.

2.3          We may amend these Terms at any time. By continuing to use the Site after any amendment to these Terms, you will be deemed to have accepted the amended Terms. If any change has a detrimental effect on you, you may cease accessing or using the Site.

3.   Registration for the Platform

3.1          In order to access some of the information contained on this Site, you must be a registered user of the IPEX Platform (“Platform“). You become a registered “User” when you access and successfully create an account, which can be done via the relevant link on the registration page.

3.2          To register for the Platform, you must provide IPEX with certain true and correct personal information about yourself (the “User Information”), as requested by us and accept the Platform User Terms and Conditions of Use.

3.3          IPEX reserves the right to not accept your User status and terminate your access to the Site if at any time you breach these Terms.

4.   Privacy and security

4.1          These Terms must be read in conjunction with our Privacy Policy.

4.2          IPEX undertakes to comply with the terms of its Privacy Policy.

5.   Warranties

5.1          You represent and warrant to IPEX that:

(a)          you have all necessary rights, licences authorisations and consents in place to access and use the Site as contemplated in these Terms, including without breaching any applicable laws or third party rights;

(b)          you will exercise your rights and perform your obligations under these Terms in a professional and ethical manner and in accordance with applicable laws, including the Privacy Act 1988 (Cth) and the Criminal Code Act 1995 (Cth);

(c)          you will not attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site;

(d)          you will not use data mining, robots, or similar data gathering and extraction methods in connection with the Site or the Platform.

5.2          To the maximum extent permitted by Law, IPEX provides the Site ‘as-is’ and excludes all express and implied warranties, guarantees and representations of any kind which are not expressly set out in these Terms. In particular, IPEX gives no warranty or representation:

5.2.1          that the Site is error free or that all errors can or will be corrected;

5.2.2          while we take reasonable steps to ensure the availability and security of the Site, that the Site will be continuously available;

5.2.3          that use or access to the Site will be uninterrupted or will not result in loss of data;

5.2.4          that the Platform will meet your particular requirements, whether known to IPEX or not;

5.2.5          that the Platform will function or display correctly on your particular technology environment;

5.2.6          that the Platform is of merchantable quality or fit for a particular purpose, whether the purpose is known to IPEX or not; or

5.2.7          that IPEX will continue to make the Site available.

5.3          IPEX does not guarantee, represent or warrant that the IPEX website or any Linked Sites will be free from errors, viruses or other defects. You should take prudent steps to ensure your own online security and safety.

5.4          To the extent permitted by Law, your remedy for a breach of a warranty or representation made by IPEX under this Agreement shall be limited to the resupply of the Site, its materials and links to Linked Sites.

6.   Intellectual property rights

6.1          All intellectual property rights (including copyright, database rights and trademark rights) subsisting in, relating to or arising out of the Site or the IPEX Platform, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks are owned by and vest in IPEX (or its licensors).

6.2          You acknowledge and agree that these Terms do not transfer any right, title or interest in IPEX’s (or its licensors’) intellectual property rights to you or your Organisation, nor may you use any of IPEX’s trademarks without our prior written consent.

6.3          You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. This includes reproducing, retransmitting, distributing, disseminating, selling, publishing, broadcasting or circulating any part of our Site or the Platform or content on the Site or the Platform.

6.4          All rights not expressly granted to you, are reserved to IPEX. You agrees that IPEX or its suppliers retain all right, title and interest (including all patent, copyright, trade secret, and other intellectual property rights) in and to the Platform and any and all underlying software (including interfaces), databases, all work product, know-how, procedures, techniques, and processes, developments, inventions, technology, algorithms, designs, or any materials provided by IPEX, and any adaptation, modification, derivation, addition or extension of the Platform.

7.   Submitted materials

7.1          The Site may allow you to submit information, content and materials to the IPEX Platform and/or IPEX.

7.2          IPEX does not systematically review submitted materials and is not responsible for the form or content of any submitted materials.

7.3          You acknowledge and agree that if you choose to submit or post materials, you must own or have the right to submit those materials. Materials submitted to the Site will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information.

7.4          IPEX does not claim any ownership rights in submitted materials, however, by submitting materials to the Site you are deemed to grant IPEX (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use, copy, modify, distribute, publish, communicate to the public and process those materials in connection with the Site without any further consent, notice and/or compensation to you.

8.  Linked sites

8.1          The Site may contain links to third party websites (whether on the Site or as part of our advertisements), or may divert your devices to third party websites from time to time (“Linked Sites”). Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. IPEX provides no warranty and takes no responsibility whatsoever for any aspect of the Linked Sites or their content. The provision of links to Linked Sites does not mean that IPEX or its directors, officers, employees or agents endorse, sponsor, approve, recommend, or have any association with, the Linked Sites or the relevant third party goods or services.

8.2          You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.

8.3          IPEX may at its discretion refuse any advertisements from, or associations with, any Linked Site.

9.  Unacceptable usage

9.1          You must only use the Site in a reasonable manner, consistent with these Terms, our Privacy Policy and ordinary community standards of behaviour and decency. You must comply with all applicable laws in your use of the Site. Under no circumstance may the Site be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person.

9.2          You must not use the Site for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Site or the Platform that: (a) would cause you or us to be in breach of any law, code or regulation; (b) attempts to obtain a benefit or other financial advantage which you are not entitled to; (c) impersonates any person (including IPEX and its representatives); (d) depicts or promotes offensive or illegal behaviour; (e) is offensive or promotes, racism, bigotry, hatred or physical harm; (f) would harass or threaten any other person; (g) violates the privacy or confidentiality of any person; (h) involves compromising the security of any computer system or data storage system; (i) reverse engineers, disassembles, alters or modifies the operation of the Site or the Platform in any way; (j) involves the resale or resupply of the Site or the Platform to any person without our prior written permission; (k) suspicious transactions; (l) potential collusion; or (m) risks the integrity of the Site or the operation of the Platform including both payment transactions and user access.

10. Liability and indemnity

10.1          To the extent permitted by applicable law and subject to any responsibilities implied by law, under no circumstances will IPEX be responsible to you, your Organisation or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss, including as a result of you relying on any website materials or being unable to access the Site.

10.2          To the extent permitted by Law, IPEX’s liability under this Agreement shall be limited to the resupply of the Site, its materials and links to Linked Sites.

10.3          IPEX’s maximum aggregate liability to you and your Organisation in contract, tort (including negligence), statute or otherwise, is limited to one thousand Australian dollars (AUD $1,000).

10.4          IPEX’s liability arising out of or in connection with these Terms or your access to or use of the Site (whether in contract, equity, negligence, tort or for breach of statute or otherwise) will be reduced by the extent, if any, to which you or any other party contributed to the loss.

10.5          This clause survives termination of this Agreement for any reason.

11.  General

11.1          These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia and this applies notwithstanding any use of the Site outside of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

11.2          If a court determines that any provision of these Terms is invalid or not enforceable, that provision shall be read down or severed to the extent of the invalidity or unenforceability only, without affecting the remaining provisions of these Terms.

If you have any queries regarding these Terms, please contact IPEX on info@ipex.com.au or 0439 983 958.