TERMS & CONDITIONS
Intellectual property rights: Unless otherwise indicated, we own the copyright and other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this Website. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website for any other purpose. All trade marks appearing on this Website belong to their respective owners.
Reliance: The information on this Website has been compiled for general information purposes only and you should not act or fail to act on the basis of it. We do not guarantee the accuracy, completeness, reliability or timeliness of the Website services provided through it, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.
Third party links: Certain content, products and services available on the Website may include materials from third parties. Third party links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
Liability: In this clause, “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including loss suffered as a result of damage or injury to a person or property loss of profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence).
Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content.
In no event shall ONIX Media Pty Ltd or its related entities, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with any failure or performance, error, omission, interruption, defect, delay in our services or the Website. For the avoidance of doubt, ONIX Media Pty Ltd and its related entities, officers, directors, employees agents, contractors or suppliers shall not be liable for any Loss suffered in connection with the delivery of an ONIX Media Pty Ltd Product.
Without prejudice to the above clauses and notwithstanding any other provision of these Terms of Use, and except to the extent permitted by law:
our total liability arising out of or in connection with these Terms of Use, and the liability of our suppliers, to you or any third parties in any circumstance is limited per event to the amount of $10.00; and
we shall not be liable for any Loss, including consequential or indirect loss or damage.
The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
Notwithstanding any other term in these Terms of Use, nothing in these Terms of Use is intended to limit or exclude any liability on our part or our related entities, officers, directors, employees, agents, contractors or suppliers where and to the extent that any applicable law prohibits such exclusion or limitation.
Indemnity: You agree to indemnify and hold harmless ONIX Media Pty Ltd, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all Losses, damages, expenses and costs (including solicitor clients costs and costs on a full indemnity basis) and all third-party claims, liability, Losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with your use of the Website, your use of ONIX Media Pty Ltd products or services, your failure to comply with these Terms of Use or your violation of any applicable law.
Privacy Policy: Your use of the Website is governed by our Privacy Policy located on our Website.
Governing law: These Terms of Use are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. If any term of these Terms of Use conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail. This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws.
No adverse construction: You agree that these Terms of Use cannot be construed adversely against us solely because we prepared them.