Website terms of use

Novulex Pty Ltd ACN 672332302 ABN 416 7233 2302 (Website Owner (which includes references to "Novulex", “us” and “we”)) owns and operates this website (Website). 

The following Website terms of use (Terms of Use) govern your access to and use of this Website and the services available through this Website (Services).

By using this Website and any related Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website. 

Provision of Legal Services and Disclaimer

Novulex is a service company and not an incorporated legal practice. All solicitors associated with Novulex are consulting solicitors who perform all legal work under GTC Legal Pty Ltd ACN 655 561 514 trading as Taylor Rose Australia (Taylor Rose). 

No Legal Advice Provided

The content and materials on this Website are for general informational purposes only and do not constitute legal advice. While we strive to ensure the accuracy and relevance of the information, it should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

No Solicitor-Client Relationship

Your use of this Website or communication with Novulex or Taylor Rose through this Website does not establish a solicitor-client relationship. Such a relationship will only be established upon the execution of a formal engagement agreement with Taylor Rose.

Changes to the Website Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Any changes will be effective immediately upon posting on the Website. Where practicable, we will endeavour to notify you of significant changes to the Terms of Use in good faith, but will be under no obligation to do so. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. We recommend that you review the Terms of Use periodically to stay informed of any updates.

Website

Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with the Website Owner. We reserve the right to withdraw or amend the Website and any Services listed on the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

User Compliance

By accessing and using the Website, you agree to comply with all applicable laws, regulations, and rules, including but not limited to local, state, national, and international laws. You are solely responsible for your conduct while using the Website and any consequences thereof.

Third-Party Content and Links

The Website may include content provided by third parties, including materials provided by other users, links, bloggers, and third-party licensors, syndicators, aggregators, or reporting services (Linked Sites). All statements and opinions expressed in Linked Sites are solely the responsibility of the person or entity providing those materials. The Website Owner has no control over the Linked Sites and we are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.

Privacy policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Our Privacy Policy sets out how we collect, use, and protect your personal information. By using the Website, you consent to the processing of your information as described in the Privacy Policy.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to enhance your experience on our Website, analyse usage, and assist in our marketing efforts. Cookies are small data files stored on your device. By using the Website, you consent to our use of cookies as described in our Privacy Policy. You may disable cookies through your browser settings, but please note that some parts of the Website may not function properly if you do.

AI policy

Our AI Policy outlines how we responsibly use artificial intelligence technologies on the Website. We may use AI tools to enhance user experience, provide personalised content, or improve our services. Any personal information processed through AI technologies is handled in accordance with our Privacy Policy. By using this Website, you consent to the processing of your data as described in our AI Policy and Privacy Policy. You warrant that all data provided by you is accurate and that you have the right to provide such data.

Prohibitions

Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:

• Engage in any activity that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity;
• Transmit or distribute any malware, viruses, or other harmful material, including but not limited to:
  • Malicious programs designed to alter the way a computer operates without the user's consent;
  • Software that automatically displays or downloads advertising material when a user is online;
  • Software that enables covert monitoring of another's computer activities;
  • Malicious code that appears legitimate but can take control of your computer;
  • Malware that replicates itself to spread to other computers;
  • Software that locks you out of your system or files and demands payment for restoration;
  • Code inserted into software that triggers a malicious function when certain conditions are met;
  • Programs designed to record every keystroke to gain fraudulent access to confidential information;
  • Tools that enable unauthorised access to a computer or software;
  • Malware programmed to activate at a specific time or date;
  • Automated programs that can be used maliciously to control multiple systems;
  • Software that bypasses normal authentication to access a system;
  • Programs that manipulate connections to incur charges or connect to unwanted services;
  • Tools designed to steal user data, including login credentials and financial information;
  • Tools that identify and exploit vulnerabilities in software applications; or
  • Unauthorised use of another's computer to mine cryptocurrency;
• Software designed to cause fear or anxiety, prompting the user to purchase unnecessary software;
• Any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
• Hack into any aspect of the Website, corrupt data. or cause annoyance to other users;
• Maliciously interrupt the provision of Services from the Website;
• Infringe upon the rights of any other person's proprietary rights;
• Attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any server, or to any of the services offered on or through the Website;
• Employ any automated systems or software to extract data from the Website for commercial purposes (screen scraping) without our prior written consent;
• Interfere with or disrupt the security-related features of the Website, including any features that prevent or restrict the use or copying of any content;
• Send any unsolicited advertising or promotional material (spam); or
• Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

You acknowledge that engaging in any of the prohibited activities outlined in these Terms of Use may constitute offences under various Australian laws, including but not limited to the Criminal Code Act 1995 (Cth), the Spam Act 2003 (Cth), the Telecommunications (Interception and Access) Act 1979 (Cth), the Privacy Act 1988 (Cth), and the Competition and Consumer Act 2010 (Cth) (including Schedule 2, the Australian Consumer Law). The Website Owner reserves the right to take appropriate legal action against any user who breaches these Terms of Use, including reporting such conduct to law enforcement authorities and cooperating with investigations.

The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or your downloading of any material posted on it, or on any Linked Sites.

Intellectual property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and code (collectively, "Content"), is the property of the Website Owner or its content suppliers and is protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and the Content for your personal, non-commercial use. You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, sell, or exploit any Content without our prior written permission.

Disclaimer for Errors and Omissions

While we make every effort to ensure that the information on this Website is accurate, complete, and up-to-date, the Website Owner does not warrant or guarantee the accuracy, reliability, completeness, or timeliness of any content, material, or information on the Website. The content provided is for general informational purposes only and may contain inaccuracies or typographical errors. We expressly disclaim any liability for errors or omissions in the content. Your use of any information or materials on this Website is entirely at your own risk, and we shall not be liable for any loss or damage incurred as a result of reliance on such information.

Disclaimer of liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. 

To the fullest extent permitted by law, the Website Owner, its directors, officers, employees, agents, contractors, successors, and assigns shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation, loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Website, any content therein, or any services provided through the Website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the Website Owner has been informed of the possibility of such damage.

This disclaimer does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

Accessibility

We are committed to making our Website accessible to all users, including those with disabilities. We strive to comply with all applicable standards, including the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any difficulty accessing any part of the Website, please contact us at info@novulex.com.au and we will work with you to provide the information or service you require.

Indemnity

You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms of Use if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, strikes, lockouts, labor disputes, epidemics, pandemics, governmental actions, interruptions in telecommunications or internet services or network provider services, or any other cause beyond our reasonable control.

Variation

The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms of Use, and all other provisions shall remain in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy and AI Policy, constitute the entire agreement between you and the Website Owner concerning your use of the Website and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written. Any additional or different terms or conditions in any form provided by you are hereby expressly rejected and shall have no effect.

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising out of or relating to these Terms of Use or your use of the Website.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to info@novulex.com.au.

Feedback and Submissions

Any feedback, comments, ideas, suggestions, or other communications (collectively, "Submissions") you provide regarding the Website or our services are non-confidential and shall become the sole property of the Website Owner. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any moral rights you may have in such Submissions.

These Terms of Use was last updated in September 2024.