Terms Of Service
This website is owned by Elixir Consulting PTY at Elixir Consulting Trust, ABN 48 261 977 395
The following Terms of Service (“TOS”) contain the terms and conditions that govern your use of the Web Site. These TOS describe your rights and responsibilities and what you can expect from Elixir Consulting Pty Ltd (Elixir). If you do not read, understand, and agree to all of the TOS, you may not use the Web Site. Elixir reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
The material on this website has been prepared in good faith and is only of a general information value and it does not constitute financial advice. You should not rely upon any material on this website without obtaining your own financial advice from a qualified professional adviser.
1. Elixir Products and Services
Elixir provides a number of products and services through the Web Site (all such services, collectively, the “Elixir Products and Services”). The services offered may change from time to time.
2. Use of the Web Site and Elixir Products and Services
2.1 Eligibility. Elixir will only knowingly provide the Elixir Products and Services to parties that can lawfully enter into and form contracts under applicable law.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Elixir Products and Services and the Web Site.
2.3 Your License to Use the Web Site and the Elixir Products and Services.
(a) Elixir solely and exclusively owns all intellectual property and other right, title and interest in and to the Elixir Products and Services and Web Site, except as expressly provided for in these TOS. For example and without limitation, Elixir owns the trademark Elixir Consulting & the copyrights in and to the Web Site, and certain technology used in providing the Elixir Products and Services. You will not acquire any right, title or interest therein under these TOS or otherwise.
(b) Elixir grants you a limited revocable license to access and use the Web Site and the Elixir Products and Services for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Elixir; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Elixir may revoke the license granted to you.
(c) This Section 2.3 does not pertain to intellectual property rights. For information regarding intellectual property rights, please see Section 3.3.
3. Download Sales
3.1 Sales of downloadable items are sold as non-refundable items and are not covered under the Elixir Guarantees due to the nature of the item.
4. General Rules
4.1 Prohibited Use. Except as may be expressly permitted by Elixir, you may not: (i) interfere with the Elixir Products and Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Elixir Products and Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Elixir Products and Services; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Elixir’s name or trademarks; (viii) engage in any activity that interferes with another user’s ability to use or enjoy the Elixir Products and Services; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
6. Reservation of Rights
6.1 Modification of the Service. Elixir may modify the Elixir Products and Services at any time with or without notice to you, and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Elixir permission to use such submissions for marketing and other promotional purposes. You agree that Elixir will have no obligation to keep any Submissions confidential and you will not bring a claim against Elixir based on “moral rights” or the likes arising from Elixir’s use of a Submission.
8. Representations and Warranties
8.1 Mutual Representations and Warranties. You represent and warrant to Elixir and Elixir represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
8.2 By You. You represent and warrant to Elixir that, in your use of the Elixir Products and Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Elixir that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Elixir will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Elixir incurs in providing the Elixir Products and Services; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
9a. Disclaimers and Exclusions
9a.1 Disclaimer of warranties. Elixir provides the web site and elixir products and services on an “as is” and “as available” basis. Elixir does not represent or warrant that the web site, elixir products and services or its use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. Elixir makes no warranties other than those made expressly in these tos, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non- infringement.
9a.2 Exclusion of damages. Elixir will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the elixir products and services, based on any cause of action, even if advised of the possibility of such damages.
We do not engage in rendering legal, accounting or financial advice or Services. We expressly disclaim any liability and responsibility through any person in respect of anything and of the consequences of anything done or omitted to be done by any person in reliance upon of this website whether wholly or partially.
You must indemnify and hold Elixir and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify Elixir under this Section, Elixir will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Elixir’s express written permission.
10.1 Termination. Elixir may suspend or terminate your use of the Web Site or Elixir Products and Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
10.2 Survival. These TOS will survive indefinitely unless and until Elixir chooses to terminate them.
10.3 Effect of Termination. If you or Elixir terminates your use of the Web Site or the Elixir Products and Services, Elixir may delete any Content or other materials relating to your use of the Elixir Products and Services on Elixir’s servers or otherwise in its possession and Elixir will have no liability to you or any third party for doing so.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) Australia Post mail service, (ii) overnight courier, or (iii) electronic mail. If you give notice to Elixir, you must use the following address: PO BOX 382, North Beach WA 6920. If Elixir provides notice to you, Elixir will use the contact information provided by you to Elixir. All notices will be deemed received as follows: (i) if by delivery by Australia Post mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non- delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
12. Dispute Resolution
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Elixir Products and Services will be exclusively resolved under confidential binding arbitration held in the State of Western Australia, Australia before and in accordance with the provisions of the International Arbitration Act 1974 (Cth) , by a sole arbitrator applying Western Australian State law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Perth, Australia, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Elixir Products and Services must be asserted individually.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Western Australia without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Elixir. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Elixir are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.