Terms and Conditions

Terms of Use
The following website Terms of Use include these Terms and Conditions and the Privacy Policy that apply to this website (and related Nudo websites), which are operated by Nudo (ABN 61 626 218 399), and their related bodies.

You must ensure that you read, understand and abide by the Terms and Conditions of this Website. By accessing, viewing or otherwise using the Website you agree to accept and be bound by these Terms of Use in accordance with the conditions set out below.

We may update/and or modify these Terms of Use from time-to-time without notice and such update/and or modification will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

User Conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

  • Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;

  • Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;

  • Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our express prior written consent;

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;

  • Reverse engineer, reverse assemble or otherwise attempt to discover source code or other formula in respect of the software underlying the infrastructure and processes associated with the Website;

  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene;

  • Engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;

  • Attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or

  • Post or transmit to or via this Website any defamatory, derogatory or offensive material or publications.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Intellectual Property
All materials and information on this Website including without limitation any photographs, logo, design, text, graphic and trademarks (“Content”) are licensed to or owned by Nudo and are protected by copyright, trademark and other intellectual property laws. Any such Content may be displayed solely for your personal and non-commercial use provided that any copyright notice on such a display or page is not removed. You agree not to alter, modify, add, copy, reproduce, sell, distribute, republish, download, display, post or transmit the Content to any third parties in any form or by any means including but not limited to electronic, mechanical or otherwise without our express prior written consent.

Save for the above, and unless expressly granted, Nudo does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or applications incorporated into the Website or in the user interface of the Website.

Submissions
You acknowledge and agree that any material you send to us on or via the Website or if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us.

This includes any data, feedback data, questions, ideas, comments, suggestions or other information (collectively “Feedback”) and will be deemed to be not confidential and non-proprietary, unless it is indicated to be otherwise. We will be entitled to use any such Feedback which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Third Party Websites and Links
We may provide links on this Website to the websites operated, controlled or produced by third parties. Nudo does not have control over and does not monitor these third party websites or their content nor does Nudo provide any warranty or take any responsibility whatsoever regarding the accuracy, completeness or suitability of the third party website, its products or services. A link to a third party website does not mean that we endorse the content of that website. Your access to third party websites will be governed by their own terms of use.

We may receive fees, commissions and/or rebates from third parties for goods and services detailed on the Website or accessible through a hyperlink on Website. You acknowledge and consent to us receiving such amounts.

You may not create a link to this Website from another website or document without our prior written consent.

Privacy
Nudo’s Privacy Policy applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed here.

Warranties and Disclaimers – Limitation of Liability
While Nudo endeavours to take reasonable care in preparing and maintaining the information on this Website we do not warrant accuracy, reliability, adequacy, completeness or otherwise of any of the Website content. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material and information you seek to rely upon. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it.

To the maximum extent permitted by law, we and our related bodies corporate, directors, officers, employees, agents and contractors exclude all liability arising out of or in connection with the Website content and the use or performance of the Website to you or any other persons for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, and including loss of business profits, except to the extent that the loss or damage is directly caused by Nudo’s fraud or wilful misconduct.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election and in our sole discretion):

  • Replacing or repairing goods;
  • Reimbursing you for repairing or replacing goods;
  • Re-supplying services; and
  • Reimbursing you for paying someone else to supply services.


The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract; or
  • Form part of the terms and conditions for our products and services.The Content and this Website are provided “as is” and “as available”. 


Your use of this Website including all content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk.

Termination and Suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.

Waiver
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Severability
If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.

Confidentiality
We do not guarantee that your use of this Website will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website. Any information that you disclose on this Website:

  • May be used by Nudo, its agents and contractors in relation to the provision of services promoted, explained or contained on this Website, including the marketing of those services.
  • May not be secure during its transmission over the Internet. Third parties may be able to intercept transmissions made when using this Website.


Currency

A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.

Applicable Law
This Website and the content are provided for use by Australian residents only. These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.

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