Website Terms of Use

Hi, we are happy and excited you are visiting our website.

This website (referred to in these Website Terms of Use as the Site) is owned and operated by ExSitu Pty Ltd (ACN 631 066 683), who is referred to in these Website Terms of Use (the Terms) as we, our or us.

The term you or your refers to the person, organisation or entity that accesses and/or uses the Site

The Site is available for you to access conditional on your acceptance without alteration of the terms and conditions set out in these Terms, together with our Privacy Policy (which can be accessed here) and our Platform Terms and Conditions (which can be accessed here). By continuing to access the Site you are agreeing to these Terms, our Privacy Policy and our Platform Terms and Conditions. If you do not agree you should not access the Site.

You are in control
1. All material and information on our Site is created to empower you to have control. We value your individual right to make decisions and take risks.
2. You act and rely upon material and information at your own risk. Before you act on any material or information please consider your own circumstances and seek medical or legal advice where necessary.
3. All material and information we provide is for general purposes and is not general, medical or legal advice.
4. We do not establish a health professional/patient relationship with you.
5. Material and information on our Site is not able to be used as a substitute for professional diagnosis and/or treatment.
6. Any material and information relating to medical or health issues should be discussed with your relevant health provider.
7. We recommend you seek legal advice in relation to legal issues relating to the material and information.
8. We do not provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the material and information found or offered on this Site for any particular purpose.

Your right to privacy
We are committed to protecting your privacy. Our Privacy Policy provides you with details about this. As above, when you use our Site you agree to our Privacy Policy.

Your right to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms for your personal, non-commercial use. All other uses are prohibited without our prior written consent.

Information you put on the site
1. If you add content to our Site, you:
  1. guarantee us that you have all necessary rights to do so;
  2. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in accordance with our Privacy Policy;
  3. consent to any act or omission which could infringe your moral rights; and
  4. confirm that you have obtained the same consent from any third party that has moral rights to content you add

Promises you make to us
Before you use our Site you guarantee to us that you have read and understood these Terms and have the legal capacity to enter into this agreement.

Our rights over the Site
1. Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site.
2. We own the copyright which subsists in all creative and literary works displayed on the Site.
3. You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights.
4. Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
5. You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
  1. altering or modifying any of the code or the material on the Site;
  2. causing any of the material on the Site to be framed or embedded in another website;
  3. creating derivative works from the content of the Site; or
  4. using the Site for commercial purposes.

Our right to exclude competitors
1. You are prohibited from using the Site, including all material and information, in any way that competes with our business.
2. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.
3. We reserve the right to exclude any person from using the Site, and the material and information on it, in our sole discretion.

Things that you can’t do on our Site
1. You must not:
  1. use the Site for any activities, or post or transmit any material from the Site:
    1. unless you hold all necessary rights, licences and consents to do so;
    2. that infringes the intellectual property or other rights of any person;
    3. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    4. that defames, harasses, threatens, menaces, offends or restricts any person;
    5. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
    6. that would bring us, or the Site, into disrepute;
  2. interfere with or inhibit any user from using the Site;
  3. use the Site to send unsolicited email messages;
  4. attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
  5. facilitate or assist a third party to do any of the above acts.

Information from third parties
1. The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.
2. You should make your own investigations with respect to the suitability of Third Party Information for you.

Links and websites from third parties
1. This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites.
2. You should make your own investigations with respect to the suitability of Third Party Sites for you.

Our rights over content
We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

Delays and outages
1. We know when websites go down it inconveniences you.
2. We will use commercially reasonable efforts to minimise delays and interruptions.
3. We want you to know that the Site may not be available at all times, or at any given time.
4. We may at any time and without notice to you, discontinue the Site in whole or in part.
5. We will not be responsible for any delays or interruptions to the Site.
6. We will also not be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

Limitation of our liability
1. You are using the Site at your own risk.
2. To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
3. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and in the Australian Consumer Law to the extent applicable.

Disclaimer
1. The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose.
2. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
3. While we endeavour to keep the Site, and material and information on it, up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
  1. the completeness, accuracy, reliability, suitability or availability of any material and information, images, products, services, or related graphics contained on the Site for any purpose;
  2. Third Party Information; or
  3. Third Party Sites.
4. You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

You release and protect us
1. By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
  1. your use of or access to the Site;
  2. any breach by you of these Terms; or
  3. any wilful, unlawful or negligent act or omission by you.
2. This defence and indemnification obligation will survive these Terms and your use of the Site.
3. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Our right to change these terms
1. The Terms, and material and information on the Site, may be amended without notice from time to time in our sole discretion.
2. Your use of our Site following any amendments indicates that you accept the amendments.
3. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

Breach
1. You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site.
2. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site.
3. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal.
4. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you.
5. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
6. All rights not expressly granted in these Terms are reserved.

Enforceability
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

Further assurances
Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

If we are in dispute
1. You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process.
2. Please notify us in writing of any dispute you may have.

Jurisdiction
1. Your use of the Site and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia.
2. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and are subject to the exclusive jurisdiction of the courts operating in New South Wales.
3. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

For questions and notices, please contact us at:

Website: www.myexsitu.com

Email: admin@myexsitu.com

Last Updated: April 2021