Website Terms Of Use

Legal Agreement

This website and/or any page accessible on it (Website) is owned and operated by Nevixa Pty Ltd (ACN 164 863 781). By visiting, using or viewing this Website, you accept without limitation, modification or qualification, the terms and conditions set out in this document (Website Terms Of Use).

By accessing the cactus.io website you agree to the following terms. If you do not wish to be bound by the Terms you should not access or use the Website.

Nevixa Pty Ltd reserves the right to modify the Terms in its absolute discretion from time to time without individual notice to you. You should periodically monitor the Terms to ensure that you are updated as to any modifications. You will be deemed to have accepted any modifications to the Terms if you continue to use the Website after such modifications have been posted.

The Terms shall be governed by and interpreted in accordance with the laws of Western Australia, Australia and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of Western Australia, and to the Federal Court of Australia sitting in Western Australia.

Using the Site

Your access to and use of the cactus.io website is for your personal use only. We do not permit any commercial use of the website without our express written agreement.

This site and its contents are provided as a convenience to you. The contents of cactus.io website are provided on "as is" and "as available" basis. Nevixa Pty Ltd does not warrant that the cactus.io website will be uninterrupted or error-free. Nevixa Pty Ltd reserves the right to revise the pages or withdraw access to them at any time.

Warranties

NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY, TITLE, NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONTENT OF THESE PAGES. Nevixa Pty Ltd SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, REVENUES OR FOR BUSINESS INTERRUPTION OR OPPORTUNITY ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF Nevixa Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Nevixa Pty Ltd WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The information provided on or through the Site may be out of date. Nevixa Pty Ltd, makes no commitment or assumes any responsibility to update such information.

The foregoing limitations of liability do not apply to the extent prohibited by law.

No Liability

To the maximum extent permitted by law, Nevixa Pty Ltd disclaims all liability (including any indirect, incidental or consequential damage or loss) suffered or incurred by any person, whether directly or indirectly, by reason of any use or misuse of, or reliance upon, the Website and/or the products, including but not limited to any loss, damage or expense arising from or in connect with any defect, error, imperfection fault, mistake or inaccuracy in, of, or on the part of (as applicable) the Website or its contents

Security and Virus Protection

Nevixa Pty Ltd cannot guarantee that the Website is virus-free and secure and to the fullest extent permitted by law Nevixa Pty Ltd will not be liable for any loss or damage suffered as a result of any virus or breach of security (including but not limited to loss or damage suffered by you or any other party as a result of payment information being submitted through the Website).

Links to Third Party Websites

The Website may include links to other websites, contents or resources. These linked websites, content or resources may be operated by a third party and Nevixa Pty Ltd makes no guarantee or representation as to the quality, reliability, accuracy, completeness or otherwise of these websites or information contained therein. The provision and existence of these links on the Website does not imply, and must not be construed as implying, that Nevixa Pty Ltd endorses the link or provides any warranty, guarantee or representation with respect to its contents.

Trademarks, Copyrights, and Licenses

The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark and other laws. The contents of the Site are Copyright (c) 2015, Nevixa Pty Ltd., or their respective affiliates and suppliers. All rights reserved. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Where applicable content on the Site may be open sourced with a discrete open source license. You are responsible for reading and understanding the terms of an additional licensing for content and downloads made available by the Site or linked to through the Site.