Terms of Use

1. Introduction

This website is operated by PrixMax Australia Pty Ltd (PrixMax). These terms and conditions apply to the use of this website, including the use of the information services offered on this website (Terms of Use). These Terms of Use and our Privacy Policy and Credit Reporting Policy form the basis on which you may access and use our website, including any subdomains of this website, mobile sites and apps (if any).

By accessing or using the PrixMax website, you agree to the Terms of Use as set out below. We reserve the right to change any or all of our Terms of Use or other conditions for using our website at any time by publishing the new terms or conditions on our website. You should review the Terms of Use periodically to make sure you are aware of the most recent terms and conditions. If you object to any of the Terms of Use or other condition on our website, your sole option is to immediately cease accessing or using this website. 

In these Terms of Use, the expressions “we”, “us” and “our” are a reference to PrixMax.

2. Website Content

While we will take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy, completeness or fitness for any use or purpose of any of the website content, nor do we undertake to keep this website updated.  This includes all information contained on this site, as well as any linked sites and any information relating to the products or processes to which the information refers. You accept that any information provided by us is general information and is not in the nature of advice.  We derive our information from sources which we believe to be accurate and up to date as at the date of publication.  The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.  

You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service.  Without limiting the generality of clause 4, to the extent permitted by law, we disclaim all liability for loss directly or indirectly arising from your use of or reliance on the website, the website content and any linked sites or representations contained therein. 

Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.    We do not purport to endorse the contents of those opinions or advice.  Without limiting the generality of clause 4, we do not accept any liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

3. Website Access

We do not warrant that this website and any linked pages and sites it contains are free of viruses.  In no event will we be liable for any damages to computer equipment or other property that results from accessing, using, or browsing this website and any linked sites or downloading any materials, data, text, images, video, audio, or the like from this website and any linked sites.

4. Disclaimer

The disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss or damage of any kind, including, without limitation, any direct, indirect, special (including loss of profits), consequential or incidental damages, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from your use of this website or any linked website or your use of or reliance on information contained on or accessed through this website. 

5. Indemnity

You indemnify us and our respective officers, employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these Terms of Use.

6. Submissions

Any material you send to us on or via our website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. Except as expressly provided in a separate written agreement between you and us, you give us an unrestricted, irrevocable, worldwide, royalty-free licence to use, reproduce, display, publicly perform, transmit and distribute such information and materials. You further agree that we have the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through this website.

7. Intellectual Property

The materials displayed on and accessible from this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of PrixMax or of third parties granting rights to PrixMax and are protected by copyright, trade mark and other intellectual property laws. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means adapt, store, display, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, create derivative works or circulate any such material to any third party, or commercialise any information, products or services obtained from any part of this website without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Save for the above, and unless expressly granted, we do not grant any licence or right in, or assign all or any part of, our intellectual property rights in the content or applications incorporated into this website or in the user interface of this website.

8. Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use.  You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited.  Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

9. Third Party Links

This website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

10. Links to the PrixMax Website

If you wish to establish a link to this website, you must first seek approval from us. To seek approval, please contact us. 

The following information will be required to assess your request:

(a) the URL of the website that you seek to establish a link from;

(b) a brief description of your website; and

(c) the reason that you wish to establish a link.

If we agree to your proposed link, you must comply with any terms and conditions imposed by us as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact us and provide a new description of your website.

11. Interference with Website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the PrixMax website. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of this website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

More specifically, in accessing and using this website you agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index the PrixMax website or any content on the website or user platform;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of the website;

(c) transmit and send spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

(d) use this website or any content from this website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;

(e) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(f) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

(g) act in violation of any of these Terms of Use or other condition posed by us or any applicable law;

(h) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the PrixMax website or any content on the website, except where we have provided express authorisation to do so; or

(i) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

12. User Warranties

You represent and warrant that:

(a) the information you supply on registration for the user platform or for any means of contact through this website is accurate in all respects;

(b) if any of that information changes you will promptly notify us in writing of the changes;

(c) your use of the website will comply at all times with these Terms of Use and any other directions published from time to time by us on the website;

(d) you will make sure that you keep your username and password by which you access the user login section of the website confidential and secure at all times;

(e) you accept all liability for any unauthorised use of any username and password issued. 

13. General

We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these Terms of Use on one occasion, this does not means that those rights will automatically be waived on any other occasion.

If any terms and conditions of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions of these Terms of Use shall nevertheless continue in full force and effect.

14. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. By using and accessing this website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

15. Acknowledgement

By using our website, you acknowledge that you have read, understood and accept these Terms of Use.