Welcome to the YOUx website. Please read these YOUx terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the YOUxPowered.com.au website, other sites and subdomains owned, operated or controlled by us (collectively, the “Site”). Drive IQ Technology Pty Ltd, trading as YOUx, is a Sydney, Australia based company and in these Terms of Use, we will reference ourselves as “YOUx” or “we”/“us”. By using the Site, you irrevocably agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
YOUx expressly reserves the right to modify the Terms of Use at any time in its sole discretion by including such alteration and/or modification in these Terms of Use, along with a notice of the effective date of such modified Terms of Use. Any continued use by you of the Site after the posting of such modified Terms of Use shall be deemed to indicate your irrevocable agreement to such modified Terms of Use. Accordingly, if at any time you do not agree to be subject to any modified Terms of Use, please discontinue your access to or use of the Site.
1. Site Content
(a) YOUx Content: The information and materials, including, without limitation, HTML, texts audio, music, videos, photos, graphic, messages, tags, interactive features, white papers, press releases, data sheets, product descriptions, software, code, scripts, data and FAQs and other content (collectively, “Content”) available on the Site, are the copyrighted works of YOUx, and YOUx expressly retains all right title and interest in and to the YOUx Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Use, any use of the YOUx Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to YOUx Content, the Site may contain Content provided to YOUx by third parties or posted onto the Site by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
(c) Limited Site Content Licence: YOUx grants you the limited, revocable, non-transferable, non-exclusive right to use the YOUx Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format. No other use of the Site Content is authorised. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any licence or right under any patent, trademark, copyright or any other intellectual property right of YOUx or any third party. All Site Content is provided for informational purposes only.
(d) Trademarks: YOUx, the YOUx Logo and all YOUx product names are trademarks and services marks of YOUx (collectively “YOUx Trademarks”) and third party logos and product names are trademarks and service marks of third parties (collectively “Third Party Trademarks”) and nothing in these Terms of Service shall be construed as granting any licence or right to use the YOUx Trademarks without YOUx’s prior written consent or the Third Party Trademarks.
(e) Monitoring of Site and Site Content: YOUx reserves the right, but does not undertake the obligation, to monitor use of the Site or any Site Content, and to investigate and take appropriate legal action against any party that uses the Site or any Site Content in violation of these Terms of Use, the YOUx Acceptable Use Policy or applicable law. YOUx reserves the right to accept, reject or modify any Site Content.
2. Linked Websites and Services
The Site may contain links to and integrations with third party websites and services, and you agree that YOUx provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that YOUx does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Site is at your own risk, and YOUx is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service.
3. LIMITATION OF LIABILITY
(a) Warranty Disclaimer: THE SITE AND SITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUx MAKES NO WARRANTY THAT THE SITE OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, YOUx HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE SITE CONTENT RESTS WITH YOU. YOUx AND ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT CONTAINED ON THE SITE. YOUx MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUx SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF YOUx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
4. Our data privacy practices
You acknowledge that you have read, understand and agree to YOUx’s Privacy Policy located at XXXXXXXX, which is hereby incorporated into and made a part of these Terms of Use by this reference.
5. Location of the Site and Your Use
YOUx operates or controls the operation of this Site from Sydney, Australia. In addition, the Site, Site Content may be accessed, mirrored and/or managed from various locations outside of Australia. YOUx makes no representation or warranty that all of the features of this Site, Site Content will be available to you outside of Australia, or that they are permitted to be accessed outside of Australia. Additionally, the Site or Site Content may not be helpful or relevant to users located outside Australia. You acknowledge that you are solely responsible for any decision by you to access and use this Site and/or the Site Content, outside of Australia, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
6. Notices
If you have a dispute with YOUx, wish to provide a notice under these Terms of Use, the Acceptable Use policy, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to YOUx at Building F, Level 4, Suite 2/1 Homebush Bay Dr, Rhodes NSW 2138, Australia; Attn: Legal.
7. General
These Terms of Use and the policies or terms expressly referenced and incorporated into these Terms of Use, (e.g. the Acceptable Use Policy) constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. Neither party may assign these Terms of Use without the prior written approval of the other, such approval not to be unreasonably withheld or delayed, provided that such approval shall not be required in connection with an assignment to an affiliate or to a successor to substantially all of such party’s assets or business related to these Terms of Use. These Terms of Use supersede all prior or contemporaneous discussions, proposals and agreements between you and relating to the subject matter hereof. Other than as otherwise stated in these Terms of Service, no amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an authorised representative of both parties. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms of Use or the Acceptable Use Policy. These Terms of Use will be governed by and construed in accordance with Australian law.
