Terms and Conditions

Welcome to the Avenis Terms of Use for this website.

TO SAVE YOU TIME PLEASE BE AWARE THAT BY ACCESSING OR USING THE WEBSITE ITS CONTENT SERVICES (“SERVICES”), YOU AGREE TO BECOME BOUND BY THE TERMS AND THE REGULATORY RESTRICTIONS GOVERNING THE USE OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL THE TERMS YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF OUR SERVICES.

ATTENTION PRIVACY.

In relation to any personal data that you may provide to us in connection with your use of this Website, Avenis has adopted the Australian Privacy Principles (APPs) – see our Privacy Policy and these Terms which reflect the requirements of the hosted platform. Amongst other uses this may result in data circulation and storage outside of Australia and the European Union, the aggregation and analysis of data trends and traffic as well as provision of such data to third parties. In using the website, you specifically consent to this.

The material available on this Website is communicated by Avenis. We welcome your views about our Website. If you would like to contact us with any queries or comments please send an email to info@avenis.com.au

If these Terms are considered an offer by Avenis, acceptance is expressly limited to these Terms. The website is for information purposes only. Nothing in this website should be construed as an offer, invitation or general solicitation to buy or sell goods and or services, or to engage in any other transaction.

The Terms govern all use of this website except where you are diverted to third parties’ websites where their own terms and conditions apply.

The Services and access to this website are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Avenis policies and procedures that may be published from time to time (collectively, the “Agreement”).

We reserve the right to vary or alter such terms and conditions from time to time. Any such change shall take effect upon posting to this website. We refer to Avenis Holdings Pty Ltd atf Avenis Holdings Trust as “Avenis” or “we” throughout this agreement.

1. Responsibilities of Users.

If you, comment on the website, post material or links on this website, or otherwise make material available whether that is in text, photo, video, audio, or code (“Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct.
By using the website, you represent and warrant that your Content and conduct do not violate these Terms
You agree that in posting Content you will not:

disclose the sensitive personal information of others.
send spam or bulk unsolicited messages.
interfere with, disrupt, or attack any service or network.
distribute material that is or enables malware, spyware, adware, or other malicious code.
transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the website that is: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by Avenis in its sole discretion; you know is false, misleading, untruthful or inaccurate; constitutes unauthorized or unsolicited advertising; impersonate’s any person or entity, including any of Avenis’ employees or representatives; or includes anyone’s identification documents or sensitive financial information.
take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our, or our third party providers’, infrastructure;
interfere or attempt to interfere with the proper working of the website or any activities contemplated by the use of the website;
bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services or the website(or other accounts, computer systems or networks connected to the Services or the website);
run any form of auto-responder or “spam” on the Services or the website;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
harvest or scrape any Content from the website;
use the Services for high risk activities or otherwise take any action in violation of our guidelines and policies.
directly or indirectly: decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services or the website (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, modify, translate, or otherwise create derivative works of any part of the Services or the website, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

By submitting Content to Avenis for inclusion on this website, you:

grant Avenis a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content
permit Avenis to make publicly-posted content available to third parties selected by Avenis who may analyse and distribute your content through their services.
give permission for third parties to access and reproduce the Content in full or part embellished or otherwise as they feel fit

If you delete Content, Avenis will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Avenis has the overriding right to, in Avenis sole discretion refuse or remove any Content that, in Avenis’ reasonable opinion, violates any Avenis policy, law, regulation or is in any way harmful or objectionable, or terminate or deny access to and use of the website to any individual or entity for any reason.
Avenis will have no financial liability or otherwise to the user in the event of exercising these measures.
You accept full responsibility for the back up of any information provided and Avenis to the fullest extent permitted by law shall have no liability for any data that may be lost unrecovered or unrecoverable as a result of any back up which has failed or not been undertaken.

2. Responsibility of Visitors.

Avenis has not reviewed, and cannot review, all of the material, including computer software, posted to our website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Avenis does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our website may contain content submitted by third parties, outside of our control that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Avenis disclaims any responsibility for any harm resulting from the use by visitors to our website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which avenis.com.au links, and that link to avenis.com.au. Avenis does not have any control over those non- avenis.com.au websites, and is not responsible for their contents or their use. By linking to a non-avenis.com.au website, Avenis does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Avenis disclaims any responsibility for any harm resulting from your use of non- avenis.com.au websites and webpages.

4. Third Party Services.

We may enable services, products, software (like themes or plugins), or applications developed by a third party (“Third Party Services“) on this website.

If you use any of these Third Party Services, you understand that:

Third Party Services are not vetted, endorsed, or controlled by Avenis.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party“) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website. Nothing in this website is to be taken to constitute a partnership between any third party and Avenis, nor constitute either as the agent of the other for any purpose

5. Avenis Rights Reserved

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

5. Copyright Infringement

The content of this website is subject to copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of this website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from this website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this website without the prior written permission of Avenis. Any unauthorized reproduction or use of the website, or the information presented therein, may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.

As Avenis asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to this website violates your copyright, you are encouraged to notify Avenis. Avenis will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Avenis will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Avenis or others. In the case of such termination, Avenis will have no obligation to provide a refund of any amounts previously paid to Avenis.

6. Intellectual Property.

This Agreement does not transfer from Avenis to you any Avenis or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Avenis. Avenis, and all other trademarks, service marks, graphics and logos used in connection with avenis.com.au, are trademarks or registered trademarks of Avenis or Avenis’ licensors. Other trademarks, service marks, graphics and logos used in connection with this website may be the trademarks of other third parties. Your use of this website grants you no right or license to reproduce or otherwise use any Avenis or third-party trademarks.

7. Changes.

We Avenis reserves the right, at any time and from time to time, to amend or to modify these Terms without prior notice to you, provided that if any such alterations constitute a material change to these Terms, Avenis will notify you by posting an announcement on the website. Amendments and modifications shall take effect immediately when posted on the website. By continuing to access the website after any such amendments or modifications, you agree to be bound by such amended or modified Terms. For this reason, we encourage you to review the Terms whenever you use the website. If you do not agree to any change to these Terms, then you must immediately stop using the website.

8. Termination.

Avenis may terminate your access to the website or all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties.

Neither Avenis nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or un-interrupted. We cannot guarantee that this website will operate in accordance with your expectations or will be error free. We may update this website time to time and we reserve the right to modify, restrict access to or close this website at any time.

We give no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the website content (including, without limitation, as to their condition, satisfactory quality, performance, fitness for purpose or that it is up to date) and all such representations and warranties are excluded, except to the extent that their exclusion is prohibited by law – see below

10. Jurisdiction and Applicable Law.

Subject to the below, any dispute or claim between you and Avenis arising out of or in connection with this website or its subject matter (whether allegedly contractual or non-contractual disputes and claims) shall be governed by and construed in accordance with English law. Users of this Website do so on the basis that they thereby submit to the non-exclusive jurisdiction of the English courts for the purpose of any such dispute or claim. In the event and to the extent that Avenis is required to pursue or defend an action in the state of California, U.S.A., in connection with any breach by you of the Terms, the Terms shall be deemed governed by the laws relating to the state of California, U.S.A excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to a claim will be the state and federal courts located in San Francisco County, California at the absolute discretion of Avenis.

11. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement may at the election of Avenis be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees.

12. Limitation of Liability.

IN NO EVENT WILL AVENIS, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CLAIM FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA.

AVENIS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY.

AVENIS WILL NOT BE LIABLE IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA.

IN NO EVENT SHALL AVENIS , OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AVENIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Representation and Warranty.

You represent and warrant that your use of our Services by accessing this website, you agree:

to use this website in strict accordance with this Agreement;
that you will access its contents solely for your own private use or for the purposes of the legitimate business of your employer, but in either case for the factual material in the website content concerning Avenis or generally and not for any reliance purposes;
not to copy, amend, reproduce or distribute the content, or disclose the content to third parties;
to comply with all reasonable instructions we give you relating to this website;
not to use this website to distribute any information or data in contravention of any regulation or legislation (including, but not limited to, regulation or legislation governing financial services, money laundering or anti-terrorism);
not to advertise or sell any goods or services to other users of this website;
not to benefit commercially from website content;
to comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
to not infringe or misappropriate the intellectual property rights of any third party.

You expressly represent and warrant that your use of the website and or associated services and products is not contrary to the laws, statutes and regulations of England and Wales or applicable U.S. Sanctions. Such use is prohibited, and Avenis reserves the right to terminate accounts or access of those in the event of a breach of this condition,

14. Indemnification.

You agree to indemnify and hold harmless Avenis, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of this website, including but not limited to your violation of this Agreement.

15. Miscellaneous.

This Agreement constitutes the entire agreement between Avenis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Avenis, or by the posting by Avenis of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. Avenis may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.