Terms and Conditions

1.1 Acceptance of terms and conditions:

The terms and conditions are the terms on which Notio Pty Ltd offers you access to the services and web sites. By using the services offered you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

1.2 Amendment of terms and conditions:

These terms and conditions may be amended in whole or in part by Notio Pty Ltd from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

1.3 Terminology:

In these terms and conditions, the following expressions have the meanings as set out:

• 'Notio' means 'Notio Pty Ltd'
• 'services' means any one or more of the services offered by Notio;
• 'member' means a person or entity subscribing to or using the Services;
• 'we', 'us' and 'our' are a reference to Notio;
• 'you' and 'your' are a reference to you or company you are working for;
• 'web site' means any web site through which the services are offered.

2.1 Disclaimer:

You expressly understand and agree that:

• Your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.1, Notio disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Notio does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided by the service is error-free or reliable;
• no advice or information that is obtained by you from Notio or anyone else shall create any warranty by Notio that is not expressly stated in the terms and conditions.

2.2 Liability:

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Notio to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Notio's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.3 Indemnity:

You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your use of Notio's services.

2.4 Breach:

Without limiting any other rights and remedies available to Notio, Notio may limit your activities to the service, issue a warning to you, or refuse to provide our services to you if you breach these terms and conditions or where Notio considers it appropriate.

3.1 General:

All listings or communications made through Notio shall be made in good faith. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.

3.2 Accurate Information:

You warrant that you have provided complete, accurate and current information when registering with us. You must maintain and update your information held by Notio to ensure it is kept current at all times.

3.3 Security of your login information:

You are responsible for keeping your login information secret and secure.

3.4 Termination of service:

Notio reserves the right to decline to register or to terminate your service without entering into further discussions with you. Without limiting the foregoing, Notio may terminate your service if a serious complaint or multiple complaints are received about you, you breach these terms and conditions, or we, at our sole discretion, deem your behaviour to be unacceptable.

5.1 System Integrity:

It is your responsibility to host the files provided to you by Notio. Notio takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Notio assumes no responsibility nor liability for the corruption of any data or information that the service may generate. You are responsible for the provision of adequate back up systems.

5.2 Force Majeure:

Without prejudice to clause 2.3(a), Notio has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Notio to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Notio.

5.3 No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

5.4 Partial Invalidity:

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

5.5 Governing Law:

These terms and conditions are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.

5.6 Intellectual Property Rights:

Notio (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the service and web site (including text, graphics, logos, icons, and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:

• Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
• Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

5.7 Entire agreement:

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.