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Terms and Conditions

Legal Disclaimer and Terms of Use for This Website

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE (“SITE”). BY USING THIS SITE AND CXC GLOBAL’S PORTALS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS SITE.

ACCEPTANCE OF TERMS AND ACCESS TO THIS SITE

The Site is provided by CXC Global under these Terms of use. Although portions of the Site may be viewed simply by visiting the Site, in order to access or receive additional services from CXC Global you need to register using our Portals. By visiting the Site and/or Portals, you are indicating your agreement to be bound by these Terms of Use, as modified from time to time. These Terms of Use govern your use of the Site and all services provided in connection with the Site. If you do not agree to these Terms of Use, please do not register for or enter the Site.

The information contained in this Site is for general guidance on topics selected by CXC Global. Such information is provided on a blind-basis, without any knowledge as to the reader’s industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site.

The information on this Site is for your general information, and is not to be construed as advice. Clients should not act on the information contained herein alone, and should seek the advice of their accountants and lawyers.

CXC Global may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

Each time you log on to the Site, you will be deemed to have accepted any such alterations or changes. If you do not agree to these changes, please arrange to terminate your registration with the Site immediately by notifying CXC Global of your unwillingness to accept the changes and by discontinuing your use of the Site. Your continued use of the Site will signify your acceptance of any change in the terms and conditions set forth herein.

By using this Site, you agree to indemnify, hold harmless and defend CXC Global from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Site in violation of these terms.

Registration Information/Privacy Policy.

When you register for use of the Portals, you will be required to provide CXC Global with certain information. That information will be held in strictest confidence by CXC Global in accordance with the terms of its Privacy Policy, which is accessible at http://www.cxcglobal.com.au/privacy

Termination.

CXC Global reserves the right to immediately and without notice suspend or terminate your registration with or ability to access the Site or any other service provided to you by CXC Global upon any breach by you of the Terms of Use, including the furnishing of false or misleading information. CXC Global may modify or discontinue the Web Site with or without notice to you and without liability to you or any third party.

Content of Messages.

CXC Global does not pre-screen the content of messages posted on CXC Global forums. You alone are responsible for the content of your messages, and the consequences of any such messages. CXC Global reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

You agree not to use the Site to send or post in the forums or any place on the Site any message or material that;

  • is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material.
  • encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or these Terms of Use.
  • CXC Global reserves the right to delete any such material from the Site.

You agree not to post or use the Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any forum with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that;

  • This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of CXC Global, its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorised copying and dissemination by trademark law, international conventions, and other intellectual property laws;
  • CXC Global permits access to content that is protected by copyrights, trade-marks and other intellectual and proprietary rights (“Rights”);
  • these Rights are valid and protected in all media and technologies existing now or later developed; and
  • except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content.

You may not post to the Site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the Site is not protected by Rights, rests with you. You acknowledge that CXC Global may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content to any public area of the Site, including forums, you grant CXC Global and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce for personal use (but not to republish) such content. Subject to the foregoing, the owner of such content placed on the Site retains any and all Rights that may exist in such content

Restrictions on Use.

The Site is owned and operated by CXC Global in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of CXC Global or such third party that may own the trademark or copyright of material displayed on this Site.

Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary Rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership Rights by using the Site. “CXC Global” and the “CXC Global” logo are trademarks and/or service marks of CXC Global. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

Third Party Services.

You may order services through the Portal from other persons (“Third Party Services”) not affiliated with CXC Global. All matters concerning these services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Third Party Services. CXC Global makes no warranties or representations whatsoever with regard to any goods or services provided by Third Party Services. You will not consider CXC Global nor will CXC Global be construed as a party to such transactions, whether or not CXC Global may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

CXC Global may include special routing icons which may be located within the Portal, the activation of which will allow you to access and learn more about CXC Global and other services provided by CXC Global or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

LINKS TO OTHER SITES

CXC Global provides links and pointers to internet sites maintained by third parties from its website. Such linked sites are not under the control of CXC Global and CXC Global is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. CXC Global is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CXC Global of the linked site. CXC Global is not responsible for the copyright compliance of any linked site. CXC Global will not be liable for any damages or loss arising in any way out of, or in connection with, or incidental to, any information or third party service provided by any third party.

Registration and Password.

In order to access the Portal you will be required to register and will receive a password. You are responsible for maintaining the confidentiality of your user information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify CXC Global of any unauthorized use of your registration or password.

Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CXC GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITH-OUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

CXC GLOBAL MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CXC GLOBAL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. CXC GLOBAL WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DIS-CRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. CXC Global does not warrant that this Site or the server that makes it available are free of viruses or other harmful components.

YOU UNDERSTAND AND AGREE THAT CXC GLOBAL DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. CXC GLOBAL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CXC GLOBAL NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE SITE, ARE ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. CXC GLOBAL ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

CXC GLOBAL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CXC GLOBAL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

CXC GLOBAL MAKES NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THE PORTAL OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

To the fullest extent permissible pursuant to applicable law, CXC Global disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Indemnity.

You agree to indemnify and hold CXC Global, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your violation of the Terms of Use, or your violation of any Rights of another party.

Limitation of Liability.

CXC GLOBAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL  CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR INFORMATION CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CXC GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. CXC GLOBAL’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (IN-CLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO CXC GLOBAL TO ACCESS THE SITE.

SUBMISSIONS TO SITE AND PORTALS

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to CXC Global through this Site is the exclusive property of CXC Global. CXC Global is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement below) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to CXC Global and accepts responsibility for its accuracy, appropriateness, and legality.

General Information.

These Terms of Use constitute the entire agreement between you and CXC Global and govern your use of the Site and Portals.  The failure of CXC Global to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The Terms of Use and the relationship between you and CXC Global shall be governed by the laws of New Sales Wales, Australia.