This following document sets forth the Terms of Use for the Nuago website, www.nuago.com.au

Welcome to our website. This website with URL address www.nuago.com.au is owned and operated by Nuago Pty Ltd (ACN 611 856 583) in South Australia (referred to as ‘us’ or ‘our’ or ‘we’). The term ‘you’ or ‘your’ refers to any person who accesses or attempts to access our website.

Should you continue to access or use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Nuago Pty Ltd’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.
  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: Name, email.
  3. We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to legislation to the extent that those conditions, warranties, rights and remedies cannot be excluded by agreement (“non-excludable rights”). Subject to any non-excludable rights: (a) the website and all contents are provided on an “as is” basis without any warranty; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of timeliness, merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, availability, reliability or usefulness of any content or other part of the website) are excluded; and (c) in no event (but subject to any rights arising from non-excludable rights) will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.  If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. We cannot and do not guarantee or warrant that the website will be free of infection or viruses, worms, malware, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost or damaged data.
  6. We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the website including without limitation the look and feel, web pages, code, software, files, documents, text, designs, graphics, audio and video.  Unless otherwise expressly stipulated by us, you may only use the website for your internal business purposes or for personal use and may only print or make an electronic copy of information available on the website for that purpose.  You must not replicate the look and feel of the website or sell or otherwise commercially exploit any information made available at the website. You must ensure that any copyright notices are retained in any material copied from the website.  Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the website in whole or in part without our prior written permission.  If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the website automatically terminates and you must immediately destroy any downloaded or printed materials.
  7. By submitting any material to the website or to us in connection with your use of the website, you thereby assign all intellectual property rights in that material to us. You must not submit material to us if a third party has any intellectual property rights in that material unless you have obtained the permission of that third party to submit the material.  You must indemnify us against all liabilities and losses we sustain if material you submit infringes any third party intellectual property rights.
  8. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  9. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  10. Any links to third party websites from our website are provided solely as a convenience to you.  We make no representation as to the intellectual property rights of any material available on the linked third party websites or your rights to access, reproduce and use that material. We do not review and monitor any linked third party websites and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party website and accept no responsibility for any broken or redirected links.  The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party website or its content.  It is your responsibility to evaluate the content and usefulness of information obtained from other sites.  Your access to and reliance on any third party website is entirely at your own risk.
  11. Other sites may only link to our website with our prior written permission.  Any site that links to our webite must link to our home page and must not (a) replicate our website’s content; (b) create a browser or border environment around the website’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our products and services; or (f) use our name or logos without our prior written permission.
  12. You must not use our website in order to send unsolicited email to recipients who have not given you permission to send them email. You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, malware, Trojan horse or other code that manifests contaminating or destructive properties.  You must not attempt to modify or damage the website and must not use the website in connection with any denial of service or other cyberattack.  You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the website.  You must not cause or permit any other person to engage in any of these activities (e.g. by providing them with access to your computer or by providing password information to them).
  13. We are not liable for defamatory, offensive, illegal or inappropriate content available at the sites or accessed from the sites and the risk of injury from such content rests entirely with you.
  14. These Terms of Use and your use of this website and any dispute arising out of your use of it is subject to the laws of South Australia.  Any legal proceedings arising out of or connection with your use of this website must be commenced in the appropriate court in Adelaide South Australia.
  15. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  16. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  17. We may modify the content, nature or accessibility of the website as and when we see fit.  These Terms of Use will continue to apply even if you cease to be permitted or able to use the website.  These terms and conditionsTerms of Use may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  18. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  19. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
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