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Terms & Conditions

Welcome to PxQuest.

 

PxQuest Pty Ltd ACN 658 146 797 (we, us, our) operates www.mintedloot.com and all of its subdomains (our Site)

 

Acceptance and Variation of Terms.

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.

 

By connecting to our Site, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

 

You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.

 

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, the Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

 

Acceptable Use

You agree that you are only authorised to use our Services for your own personal use and for the following activities:

  1. accessing and using our Services; and

  2. any other purpose which we make known to you.

Unless otherwise approved by us, you must not use our Services:

  1. to provide advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things; or

  2. for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

 

Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click and accept end user licence terms, together with privacy policy terms and acceptable use standards.

 

You agree not to use our Services to do any of the following:

  1. distribute malware or viruses;

  2. send unsolicited communications, promotions or advertisements (commonly referred to as spam);

  3. send false, misleading or deceptive source-identifying information, including ‘spoofing’ or ‘phishing’;

  4. send anything that is fraudulent, misleading, or infringes a third party’s rights;

  5. impersonate or misrepresent your affiliation with any person or entity; or

  6. breach any law, violate the privacy of a third party, or defame a third party.

 

No Minors

Our Services are designed for use only by people who are 18 years of age or older. Persons under 18 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.

 

Restricted International Users

Your access to and use of our Services may be subject to international export controls and financial export requirements. By accessing or using our Services, you declare and undertake that you are aware of and subject to these requirements.

Without limitation, you are not entitled to access or use our Services if:

  1. you are a citizen or resident, or you intend to supply any Digital Asset to any citizen or resident, of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States of America (US) embargo, United Nations sanctions, the Her Majesty’s Treasury of United Kingdom (HM) financial sanctions regime; or

  2. you are on the list of specific citizens published by the US Ministry of Finances, or the list of people denied by the US Ministry of Trade, a non-verified list, or a person subject to the HM financial sanctions regime, or you intend to supply any Digital Asset to any such person.

 

Legal Status of Digital Assets

The legal status of cryptographic coins, tokens, and other digital assets (Digital Assets) remains uncertain in many countries and jurisdictions around the world. We take no formal position on the legal status of any Digital Asset, including our own non-fungible tokens (NFTs) and ERC-20 token/s, including but not limited to $CHRONOS (PxQuest Assets).

 

No Financial Advice

You acknowledge and agree that:

  1. we are a software development company only;

  2. we are not financial advisers, or financial services providers; and

  3. we do not hold, or operate under, any form of financial services licence in any jurisdiction in the world.

 

All text, images, audio recordings, video recordings, interactive media, and other information and content (Content) hosted or made available on or through our Services is provided:

  1. for general information purposes only; and

  2. without any regard whatsoever to the personal circumstances of any person.

 

No Content hosted or made available on or through our Services is intended to constitute advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.

 

Any user-created Content which is hosted or made available on or through our Services is provided for, and on behalf of, the relevant user who created or supplied such Content.

All statements, representations, estimations, projections, or forecasts made in or through our Services by us or any other person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.

 

Unless otherwise expressly stated by us, we, and any other person using our Services (whether as a user, moderator, administrator, or other user type), are not:

  1. financial advisors or financial service providers;

  2. financial services licence holders;

  3. professional or qualified advisors (such as lawyers or accountants);

  4. professional or qualified traders, investment managers, or fund managers;

  5. brokers or agents;

  6. securities advisors or practitioners; or

  7. software developers, engineers, coders, or technical experts.

 

Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you:

  1. undertake your own investigations and enquiries; and

  2. seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.

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No Interference

You agree that you will not:

  1. use our Services in any way that could damage our reputation or goodwill;

  2. permit any person to access and use our Services other than in accordance with these Terms;

  3. disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;

  4. except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:

    1. reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or

    2. decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;

  5. when accessing and using our Services:

    1. attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;

    2. use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;

    3. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;

    4. transmit, or input into our Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use); 

    5. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;

    6. remove or modify any program markings or any notice of proprietary rights, including those of any third party;

    7. use any automated processes or means to access our Services;

    8. use any software or manual repetition that will or is likely to interfere with our Services; or

    9. attempt to cause stress or detriment to the proper working of our Services, such as by:

      1. acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;

      2. reloading or refreshing transaction pages more than once every 5 seconds; or

      3. requesting any page of the Site more than 1000 times in aggregate in any 24-hour period.

 

Availability

We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including where:

  1. there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Services;

  2. it is reasonably required to reduce or prevent fraud or interference with our Services;

  3. we are required to comply with an order, instruction or request of a government authority, or other such competent body; or

  4. we are otherwise prevented from making our Services available by circumstances outside our reasonable control.

You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party service providers), the availability of public blockchain networks or third party web3 services or service providers, and other factors which may impact upon the delivery of our Services to you via the Internet.

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While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.

We reserve the right to restrict of remove access to our Services for the purpose of undertaking maintenance and updating of our Services.

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We do not warrant that any part of our Services is or will be completely error free or free of defects. Certain parts of our Services may be made available on an ‘alpha’ or ‘beta’ basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of our Services are released on such an ‘alpha’ or ‘beta’ basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of our Services which are released on an ‘alpha’ or ‘beta’ basis.

 

Copyright

Except as expressly stated by us, the information and Content contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable). You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

 
IP Rights Generally

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services (including content produced or provided by other users), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

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You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

 

Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

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If, as a result of these Terms, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:

  1. comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;

  2. comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;

  3. take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and

  4. co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

 

Third Party Sites and Content

Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

 

Feedback

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

 

Off-Site Conduct 

It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.

 

Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

  1. take any legal action we may have available against you;

  2. block your use of our Services;

  3. suspend, deactivate, or delete your account/s on our Services; and/or

  4. disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.

 

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

 

DISCLAIMER

OUR SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

WHILST ALL DUE CARE HAS BEEN TAKEN IN PROVIDING OUR SERVICES, TO THE GREATEST EXTENT PERMITTED BY LAW:

  1. WE MAKE NO REPRESENTATIONS, AND WE DO NOT GIVE ANY WARRANTIES OR MAKE ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO FINANCIAL OR INVESTMENT PURPOSES, WHETHER OR NOT SUCH USE OR PURPOSE IS DESCRIBED BY YOU TO US OR OUR REPRESENTATIVES PRIOR TO THESE TERMS TAKING EFFECT; AND

  2. ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.

 

ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.

WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

WE PROVIDE NO WARRANTY AS TO THE ACCURACY OR CURRENCY OF THE ACCOUNT INFORMATION OR OTHER INFORMATION OR DATA UPLOADED TO OUR SERVICES BY ANY OTHER PERSON.

OUR SERVICES MAY DYNAMICALLY SOURCE CONTENT FROM THIRD PARTY SITES AND SERVICES USING APPLICATION PROGRAMMING INTERFACES (APIS) AND OTHER TECHNOLOGIES. WE GIVE NO WARRANTIES AND MAKE NO GUARANTEES AS TO THE ACCURACY OR CURRENCY OF ANY SUCH DATA, THE RESPONSIBILITY FOR WHICH AT ALL TIMES REMAINS WITH THE RELEVANT THIRD PARTY SITES AND SERVICES.

FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:

  1. YOU ACCESS AND USE OUR SERVICES, AND ANY SYSTEM OPERATED BY US (INCLUDING BUT NOT LIMITED TO STORAGE AND HOSTING SYSTEMS, AND SMART CONTRACTS) AT YOUR OWN RISK AND EXPENSE; AND

  2. YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:

  1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;

  2. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;

  3. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;

  4. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:

    1. ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;

    2. ANY INVESTMENT, BUSINESS, ACCOUNTING, TAX, OR FINANCIAL ADVICE OR SERVICE PROVIDED BY ANY PERSON IN CONTRAVENTION OF THESE TERMS;

  5. ANY LOSS OF FUNDS RESULTING FROM MALICIOUS ATTACKS AGAINST US OR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO, CYBER-ATTACKS, HACKING, PHISHING, AND FRAUD; 

  6. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND

  7. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL MONIES PAID BY YOU TO US IMMEDIATELY BEFORE THE EVENT OR SERIES EVENTS GIVING RISE TO THE RELEVANT CLAIM.

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INDEMNITY AND RELEASE
INDEMNITY

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON AN ATTORNEY AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:

  1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;

  2. YOUR USE, NON-USE OR MISUSE OF OUR SERVICES;

  3. YOUR RELIANCE ON:

    1. ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;

    2. ANY INVESTMENT, BUSINESS, ACCOUNTING, TAX, OR FINANCIAL ADVICE OR SERVICE PROVIDED BY ANY PERSON IN CONTRAVENTION OF THESE TERMS; AND

  4. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU; AND

  5. ANY BREACH OF THESE TERMS BY YOU.

 

RELEASE

YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY IN RELATION TO THE FOLLOWING MATTERS:

  1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;

  2. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY YOU, OR ANY OTHER PERSON;

  3. OUR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;

  4. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:

    1. ANY CONTENT HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;

    2. ANY INVESTMENT, BUSINESS, ACCOUNTING, TAX, OR FINANCIAL ADVICE OR SERVICE PROVIDED BY ANY PERSON IN CONTRAVENTION OF THESE TERMS; AND

  5. ANY LOSS OF FUNDS RESULTING FROM MALICIOUS ATTACKS AGAINST US OR OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO, CYBER-ATTACKS, HACKING, PHISHING AND FRAUD; 

  6. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND

  7. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

 

CLASS ACTION WAIVER

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU MAY ONLY BRING A CLAIM AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, AND YOU HEREBY WAIVE YOUR RIGHT TO DO SO.

 

Reporting

If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing info@mintedloot.com. So that we can efficiently deal with your report, please ensure that your report:

  1. states the reason for your concern/s; and

  2. clearly identifies the content by providing:

    1. a description of it; and

    2. a link to the specific page, post or content (if applicable).

 

Confidentiality

You agree to keep confidential all Content hosted or made available on or through our Services (including Content generated by other users).

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at info@mintedloot.com. 

  1. Notices and Notifications

We may send or issue notices to you from time to time:

  1. through the user interface on our Services; and/or

  2. by email.

You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

 

General
Disputes

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:

  1. notify us of the dispute by emailing us at info@mintedloot.com;

  2. provide us with full and complete details of the dispute;

  3. providing such supporting information or documents as we reasonably request; and

  4. act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

 

Entire Agreement

These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.

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Jurisdiction

This Agreement is governed by the laws of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

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Severability

Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.

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Waiver

A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.

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Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

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The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

  1. the singular includes the plural and vice versa;

  2. words of any gender include all genders;

  3. alternate grammatical forms of a defined term have a corresponding meaning;

  4. a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;

  5. a reference to a document includes the document as novated, varied, or substituted from time to time;

  6. a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;

  7. a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns; 

  8. a reference to two or more persons is to any of them together and each of them individually;

  9. a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;

  10. ‘including’ and similar expressions do not limit the generality of any provision of these Terms;

  11. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and

  12. a reference to $, USD$, dollar or $ is to United Stated of America currency;

  13. headings and table of contents are for ease of reference only and do not affect interpretation.

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