This agreement forms the conditions of supply of material on, use of and access to the Nintex website. Your continued use of the Nintex website constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the Nintex website.
While Nintex has endeavoured to ensure that all information provided on the Nintex web site is accurate and up to date, Nintex takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law, Nintex will not be liable for any cost, loss or damage suffered by you through your use of the Nintex web site or Nintex’s failure to provide access to the web site or information updates.
All material on this website is provided in good faith and its use is undertaken at your sole risk. Nintex does not make any representation or warranty that (i) any material on the Nintex website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Nintex website will be uninterrupted, timely or secure. Nintex will not be liable for loss resulting from any action or decision by you in reliance on the information on the website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
The material on the Nintex website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
The material provided on the Nintex website is copyright protected and its use is for your own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Nintex. You may not use any part of the material on the Nintex website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nintex and SmartLibrary are registered trademarks owned by OBS Pty Ltd. Other trade marks are displayed on the site and these belong to third parties. Nothing displayed on the Nintex website should be construed as granting any licence or right of use of any logo, masthead or trade mark displayed on a website, without the express written permission of the relevant owner.
As a condition of your use of the Nintex website or any services pertaining to it, you warrant to Nintex that you will not use the Nintex website for any purpose that is unlawful or prohibited by these terms & conditions. You agree to abide by all applicable laws and regulations. In particular, you agree not to:
Nintex has no obligation to monitor any user's use of the Nintex website, however Nintex retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify Nintex if Nintex suffers any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Nintex website.
Hyperlinks and pointers to websites operated by third parties appear on the Nintex website. These websites are not under the control of Nintex and nor does Nintex have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave the Nintex website and do so entirely at your own risk.
Nintex does not exclude any rights and remedies available to you under the Trade Practices Act (Commonwealth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise Nintex excludes all conditions and warranties which may be implied by law. To the extent permitted by law, Nintex's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Nintex's option, to:
You expressly agree and understand that under no circumstances will Nintex be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Nintex) which result from
Excluding liability for negligence the maximum liability of Nintex is equivalent to the total of any amounts you have paid to Nintex in respect of goods or services supplied to you by Nintex through the Nintex website.
These conditions and all other specific and additional terms which govern your use or membership of and access to the Nintex website will be governed by and construed in accordance with the laws of the state of Victoria, Australia.