Terms & Conditions

These terms and conditions (Terms) are a contract between Lext Australia Pty Ltd ACN 634 540 864 (Lext, we, us or our) and you, meaning the person accessing or using the website located at ww.lext.com.au (Website).  Each of you and us is a Party to these Terms. These Terms also incorporate our Privacy Policy, which you can access and read here[link].

If you are using the Website on behalf of your employee, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Content

Unless otherwise indicated, we own all rights, title and interest (including Intellectual Property Rights) in our Website and all of the content displayed on the Website.  Your use of our Website and your use of and access to any Website content does not grant or transfer to you any rights, title or interest in relation to our Website or content.

You must not: (1) copy or use, in whole or in part, any Website content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Website content to any third party; or (3) breach any Intellectual Property Rights connected with our Website, including by altering or modifying any of our content, causing or content to be framed or embedded in another website, or creating derivative works from our content.

Our content is not comprehensive and is for general information purposes only.  The content is not legal advice.  Our content does not take into account your specific needs, objectives or circumstances.  While we use reasonable attempts to ensure the accuracy and completeness of the Website content, to the extent permitted by law, we make no representation or warranty regarding Website content. The Website is subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if the Website is inaccurate or out-of-date.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  • we will not be liable for Consequential Loss; and
  • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel).

This clause will survive the termination or expiry of these Terms.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Email and text message: You agree that we may send electronic mail and text messages to you at any email address or telephone number which you nominate in writing. You release us from any Liability you may suffer as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means all intellectual property, and includes any domain names, know-how, inventions, processes, trade secrets, confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of the Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.