Terms of Use

LIXI Limited ABN 53 095 299 835 (we or us) provide a range of electronic services including this website, electronic newsletters and online payment facilities for LIXI goods and services (Electronic Services).

These Terms of Use have been published on this website to ensure that you understand the legal terms that govern your use of our Electronic Services.  You must therefore read and agree to the following Terms of Use before accessing and using our Electronic Services:

1. These Terms of Use apply to your use of our Electronic Services, except to the extent that a particular Electronic Service is provided on other terms.  In such cases, these Terms of Use will continue to apply to your use of that Electronic Service, except to the extent of any inconsistency.

2. By accessing or subscribing to any Electronic Services you agree to be bound by these Terms of Use and any acceptable use policy we may introduce in future, which will form part of these Terms of Use.

3. We may vary or amend these Terms of Use at any time.  Any changes to these Terms of Use will be effective immediately from the time we post the amendments to our website or we notify you in any other way.  You may like to print a copy of these Terms of Use for your records.  We also recommend you check our website for any changes from time to time.

4. All intellectual property and other rights (including copyright) in the material (including information, trademarks, trade names, logos and other material) provided through our Electronic Services are owned by us, our licensors, advertisers or other third parties.  In providing Electronic Services, we do not grant you any licence or right to use that material except as set out in these Terms of Use.  The material must not be reproduced or dealt with in any way except as provided in these Terms of Use or otherwise with our written consent.

5. Unless expressly stated otherwise, the Electronic Services are provided solely for your personal use.  You must only use our Electronic Services for the purpose we provide them.

6. Any link you make to an Electronic Service must be in a way that presents the service as we intended.  You must not frame or manipulate the material contained in an Electronic Service, disguise its origin or ownership or remove any copyright notice.

7. You agree to us communicating with you regarding our various activities, events, goods or services by electronic messages.

8. We use reasonable care in preparing and presenting material we provide through our Electronic Services.  Material may be provided by third parties, including other users, and we are under no obligation to verify this information.  Third party material may be provided subject to the third party’s terms and conditions of use.

9. Information provided through our Electronic Services is provided as general information and reference only and in no way provided as our advice, approval, recommendation or endorsement. You must make your own independent enquiries and obtain appropriate advice regarding any issue before making any decision or taking any action.

10. Any reference or link to other websites or any reference to other people, services or information, is provided only for your awareness. We do not necessarily endorse the content of websites to which we have provided links and encourage you to make your own decision about the accuracy and reliability of information found on those websites.  If you believe we are using or linking to any material that infringes the rights of a third party (including copyright), please notify us immediately and identify the holder of the rights.  We may ask you to provide additional information to help us investigate the issue.

11. When you submit material to us in any format for inclusion in an Electronic Service, including any text, photographs, graphics, video or audio, you grant us a non-exclusive, royalty-free, perpetual licence to adapt and modify the material, and to reproduce, publish, perform, commercially rent and transmit to the public both the material and any adaptation of it. We also reserve the right not to use the material you submit.

12. You warrant that you have all of the necessary rights in the material you contribute through an Electronic Service, that your material is not defamatory and that it does not infringe the law.

13. You indemnify us against any and all legal fees, damages and other expenses that may be incurred by us as a result of your breach of these Terms of Use, including a breach of the above warranty.

14. You waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to the materials you contribute for the purposes of submission and publication as part of our Electronic Services.  For the purposes of this provision, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that Moral Right.

15. Contributed information to our working groups is provided under a Contributor Licence, which is governed by our IP Policy, as amended from time to time.

16. Use of LIXI Standards is governed by the End User Licence Agreement, as amended from time to time.

17. For the avoidance of doubt, these Terms of Use do not apply to material provided to LIXI under a Contributor Licence or supplied by LIXI under the End User Licence Agreement to the extent of any inconsistency.

18. We make no statements or guarantees relating to the operation of our Electronic Services, or that the information and material provided through the Electronic Services are accurate, suitable for you, always available, complete or current or free of harmful computer viruses, data, code or programs.  You are responsible for protecting your systems from any virus or harmful material.

19. Any personal information, e-mail addresses or other electronic addresses provided in or accessible through an Electronic Service must not be harvested for use in another database or used to send commercial electronic messages or be placed on any e-mail distribution list.

20. Your personal information will be handled in accordance with our Privacy Policy, currently available here.

21. Subject to the Privacy Act and our Privacy Policy, we are under no obligation to protect, store, retrieve or return to you any information or feedback that you post or upload through an Electronic Service.

22. At any time and without notice or liability we may change the content or format or method of delivery of the Electronic Services, withdraw any material or services provided or refuse to allow any user or third party access to the Electronic Services.

23. You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in the Electronic Services and material that you provide us (including claims it is defamatory or infringes confidentiality or intellectual property rights) and you must indemnify us and our officers, employees, agents, contractors and advisors against any such claims.

24. To the full extent permitted by law:

(a) we take no responsibility and disclaim all liability for information or services provided through our Electronic Services, or for decisions made on the basis of information shown or not shown through an Electronic Service, and for any claims, loss, damage, costs (including legal costs), expense or liability of any kind suffered by you or any other person in connection with our Electronic Services, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence, other tort, breach of contract, law or otherwise.  You unconditionally release us and our officers, employees, agents, contractors and advisors from any such liability;

(b) we exclude all terms and warranties implied by law, custom or otherwise.  If a term or warranty cannot be lawfully excluded, to the extent permitted by law we limit our liability at our option and where applicable to resupplying or the cost of you acquiring the relevant services, goods or equivalent goods, or in the case of goods, repairing or the cost of having the goods repaired; and

(c) we will not be liable in any circumstances for any delays or interruptions in the provision of the Electronic Services.

25. Access to and participation in the Electronic Services is governed by the laws of New South Wales, Australia and you agree to be bound by the laws and submit to the jurisdiction of the Courts of New South Wales.

26. Nothing in an Electronic Service is an offer to provide goods or services in any place if to do so would be in any way unlawful in that place.  You must not access the Electronic Services from such a place or use them in a way that would result in a breach of a law of that place.

27. We may transfer or sublicense our rights and obligations under these Terms of Use but you may not.

28. The use of the word “including” in these Terms of Use is not to be taken as limiting the meaning of the words preceding it.

29. Any provision of these Terms of Use that is invalid in any place is only invalid in that place to that extent, without invalidating or affecting the remaining provisions of these Terms of Use or the validity of that provision in any other place.

30. Prices

(a) Prices that appear in an Electronic Service are in Australian Dollars ($AUD) exclusive of GST unless specified otherwise.

(b) Payment Methods:

(1) After your billing and mailing address details are confirmed, you will be asked to provide payment details for your order.

(2) We currently accept the following credit cards online: Visa and Mastercard. This will be done via the NAB Transact facility. Credit cards will be debited immediately for security purposes and to reduce the prospect of fraud. Please note that we do not store your credit card details.

(3) We currently accept the following payment methods via post: Personal and bank cheques; Australia Post money orders.

(4) We also accept payment via electronic funds transfer to our bank account as specified on your invoice.

31. Delivery

(a) Delivery of licensed LIXI standards is via electronic distribution on the LIXI website using an authorised login and password. Delivery of training and other events is in-person at the location specified for each event. Delivery of printed products is via Australia Post within 10 business days from order.

32. Refunds and Returns Policy

(b) Event Delegate Transfers of Registration and Cancellations:

(1) Should a registered (paid) delegate be unable to attend the conference due to unforeseen circumstances, LIXI permits transfer of registration to a colleague. All requests for transfers must be received in writing by email to admin@lixi.org.au.

(2) Cancellations received by LIXI in writing at least 14 days prior the event will be refunded the full amount paid, less a $100 administration fee. We will make all refunds via EFT.

(3) Delegates who cancel within 14 days of an event are liable for the full registration fee. No refunds will be given in this instance.

(c) Member Licence Fee and Cancellation

(1) No refunds will be given for cancellation of membership or licenses.

If you do not agree to be bound by these Terms of Use, you must not use or sign-up to any Electronic Services, including this website and any electronic newsletter.