Please read these terms and conditions of use carefully before using this Website.
This Website is owned and operated by Relegen Pty Ltd (ABN 75092239220) ("Relegen") under the domain names www.relegen.com.au and www.relegen.com ("Website").
Acceptance and changes to terms and conditions of use
By using this Website, or downloading materials from this Website, you agree to the terms and conditions of use set forth in this notice without limitation or qualification. These terms and conditions of use may be revised at any time by updating this posting, and will be effective as of the date of such posting. Your continued use of the Website after any changes to this posting will be considered acceptance of those changes. This text was last revised on 8 March 2010.
Restrictions on use of Relegen's Website
As a condition of your use of Relegen's Website, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with the terms and conditions contained on this Website.
Specifically, you agree not to:
Except as otherwise expressly permitted by Relegen, no materials from this Website or any Website owned, operated, licensed or controlled by Relegen may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for your use only, provided that you also retain all copyright and other proprietary notices contained in the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the text, images, audio, and video without Relegen's written permission.
General
No part of these terms and conditions of use excludes, restricts or modifies any condition or warranty implied into these terms and conditions of use or any liability imposed by any applicable law (including the Trade Practices Act 1974 (Cth)) if to do so would contravene such law or make any part of these terms and conditions of use void.
Exclusion and limitation
To the extent permitted by law, all conditions, warranties and other terms implied by statute, custom or the common law are excluded from these terms and conditions of use. If any statute implies terms into these terms and conditions of use which cannot be lawfully excluded, then those terms and conditions will apply and, to the extent permitted by law, the liability of Relegen for the breach of any such term will be limited,
at the option of Relegen, to any one or more of the following:
In no circumstances will Relegen, its subsidiaries, affiliates, or any party involved in creating, producing, or delivering this Website be liable to you or to any entity for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if Relegen or a Relegen authorised representative has been expressly advised of the possibility of such damage.
Relegen excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any incidental, consequential, special, or punitive damage (including, without limitation, any loss of profits, loss of opportunity, loss of revenue, loss of anticipated savings, business interruption, loss of information or programs or other data on your information handling system) resulting from the use of, or the inability to use, the content, materials and functions on this Website or any linked Website, even if Relegen or a Relegen authorized representative has been expressly advised of the possibility of such damage.
Damage and viruses
Relegen will not be liable for any damage to, or viruses that may infect, your computer equipment or other property as a result of access to, use of, or browsing this Website or your downloading of any data, text, images, video, or audio material from this Website.
Errors
Relegen does not warrant that the functions contained in the Website materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Relegen does not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. Relegen does not warrant the reliability of any advice, opinion, statement or other information displayed on this Website. The information and descriptions contained on this Website are not intended to be complete descriptions of all terms, exclusions and conditions applicable to Relegen's products and services, but are provided solely for general informational purposes. Relegen reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Relegen neither warrants nor represents that your use of materials displayed on this Website will not infringe any rights of third parties not owned by or affiliated with Relegen.
Third Party Websites
This Website may be linked to other websites that are not maintained by Relegen. Relegen is not responsible for the content of those websites. If you use these websites, you will leave this Website. If you do decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The inclusion of any link to such websites does not imply approval or endorsement by Relegen of such websites or the content thereof.
Trademarks and Copyright
RELEGEN, assetDNA and baseLINE and other Relegen graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Relegen in Australia and other countries. Relegen's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Nothing contained on this Website should be construed as granting, whether by implication, estoppel, or otherwise, any licence or right to use any trade mark displayed on this Website without the written permission of Relegen or such third party that may own the trademarks displayed on this Website. Your use of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.
Images displayed on this Website are either the property of, or used with permission by, Relegen. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Governing law
This Website is controlled, operated and administered by Relegen from its offices in Australia. Relegen makes no representation that materials on this Website are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of Australia, you are responsible for compliance with all applicable local laws. These terms and conditions of use shall be governed by the laws of the State of New South Wales. You agree that the appropriate state or federal court in New South Wales will have the exclusive jurisdiction to resolve all disputes arising from this Website or these terms and conditions of use, and you consent to personal jurisdiction in such forum.
Entire agreement and severance
These terms and conditions of use constitute the entire agreement between Relegen and you with respect to your use of this Website. Part or all of any provision in these terms and conditions of use that is illegal or unenforceable, will be severed from these terms and conditions of use and the remaining provisions will continue in force and effect and be enforced to the maximum extent permissible so as to effect the original intent of these terms and conditions of use.
