Tecxell | terms of use

Terms of Use

Tecxell Consultancy Services (Tecxell, we, us and our) provides IT consultancy Services that includes Software Development, Website Design and Development, E-Commerce Solutions, Mobile Application Development, SEO, Corporate Branding, Social Media Promotions etc.

These terms and conditions of use (Terms) detail the terms and conditions on which we will provide our products, services and web/mobile sites (Services) to you.

Tecxell reserves the right to vary these Terms and related policies and agreements from time to time.

The content of the Services, website and these Terms may be updated or changed without notice and your continued use of the Services and website will be deemed acceptance of those changes.

By registering and/or using the Services and/or the Site you agree to be bound by the Terms set out below:

Please read these Terms carefully before using our Services. If you do not agree with our Terms, please do not use our Services.

Application

These Terms apply to all Tecxell’s users, including users who contribute text, software, scripts, graphics, images, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials (Content) that others may then view, or access through, our Services.

Our Services

You acknowledge our Services include all aspects of Tecxell, and may:

Contain links to third party websites and advertisements that are not owned, controlled, endorsed, sponsored or approved by us
Be accessed and used by logging in from third party social networking sites (Social Networking Sites) that are not owned, controlled, endorsed, sponsored or approved by us.

Our Accounts

In order to access some of our Services, you will need to create an account (Account). When creating your account, you agree you will only provide accurate and truthful information.

Account Registration

When registering you must:

agree to these Terms & Conditions;
provide a valid email address; and
provide all other information required by us as part of the registration process.

Upon registration, or renewal of Registration, you will be issued with a user Tecxell Name and password.

You may not hold more than one account with Tecxell. Accounts registered by "bots" or other automated methods are not permitted.

Tecxell is entitled to assume that any person using your user Name and password is you or is a person authorised by you.

Tecxell does not warrant that Registration will be completed during any particular time frame.

Tecxell reserves the right to reject the Registration of any person or business, and the right to terminate a

Registration, in accordance with these Terms & Conditions.

Content

Content is provided to you as is. While using our Services, you understand and acknowledge:

We do not endorse any Content contributed to our Services
You may be exposed to Content that is inaccurate, offensive, indecent or objectionable.

By submitting Content to Tecxell, you agree to grant:

Us a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, perpetual and irrevocable license to use, reproduce, distribute, display, perform and prepare derivative works of that Content in connection with our Services and Tecxell’s (and its successors' and affiliates') business
Each user of our Services a non-exclusive, perpetual and irrevocable license to access your Content through our Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of our Services and under these Terms.

General Use

You acknowledge your use of any of Tecxell's mobile software downloaded from the Apple App Store or Google Play Store is governed by separate terms and conditions. You therefore agree to all applicable terms of service for the Apple App Store and Google Play Store, as applicable.

Eligibility

You acknowledge and agree that the Services are available only to persons aged 13 years of age and over. You represent and warrant that you are 13 years of age or over.

Your rights and responsibilities

By using or accessing our Services, you expressly agree:

You are 13 years of age or older,
You will comply with our Privacy Policy and all applicable laws when using or accessing our Services
You will work with us to ensure we both meet any privacy obligations we may each have
You will keep your Account password secure and not allow another user to use your Account without permission
You will notify us immediately of any breach of security or unauthorised use of your Account
You will only access and use third party websites and Social Networking Sites, which we do not own or control, in accordance with the terms of use and privacy policies applicable to those sites
You own or have the necessary licenses, rights, consents and permissions to publish the Content you contribute
You are solely responsible for:
- The activity that occurs on your Account
- The Content you contribute to our Services, and the consequences of contributing and publishing that Content
- Creating backup copies of your Content
You will not post, display or transmit Content that:
- Is sexually explicit or pornographic
- Is fraudulent, false, misleading or deceptive
- Contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane or otherwise objectionable
- Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
- Creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, any other person, or any animal
- May create a risk of any other loss or damage to any person or property
- Contains any information or content you do not have a right to make available under any law or contractual or fiduciary relationship
- Infringes any third party's intellectual property, privacy, publicity, or other personal or proprietary rights
- Violates, or encourages any conduct that violates, any laws (including, without limitation, securities law), regulations or our policies
You will retain all rights in, and be solely responsible for, the Content you contribute to our Services
You will not do any of the following prohibited activities:

Use another user’s Account without permission
Alter or modify any part of our Services
Access our Services in order to build a similar or competitive service
Solicit, for commercial purposes, any users of our Services for their Content
Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, mirror or frame our Services, any individual element within our Services, our Tecxell, trademarks, logos or other proprietary information, or the layout and design of any page, without our prior express written consent
Access, tamper with or use non-public areas of our Services, our computer systems or technical delivery systems of our providers
Attempt to probe, scan or test the vulnerability of any Tecxell's system or network, or breach any security or authentication measures
Avoid, bypass, remove, deactivate, impair, descramble, disable or otherwise circumvent any technological measure implemented by us or any of our providers or third parties (including another user) to protect our Services or Content, including the restriction of use, copying, disassembly, reverse compilation or reverse engineering of any Tecxell's software
Use or launch any automated system, including without limitation, robots, spiders or offline readers, on our Services
Attempt to access or search our Services or Content, or scrape or download Content from the Services, or otherwise use, upload content to or create new links, reposts or referrals in our Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or similar) other than the software and/or search agents provided by us or other generally available third party web browsers
Send any unsolicited or unauthorised spam, or spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation
Use any meta tags or other hidden text or metadata using a Tecxell trademark, logo, URL or product Tecxell, without our express written consent
Use our user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services
Upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services
Collect, harvest or store any personally identifiable information from our Services, nor use the communication systems provided by our Services for any commercial solicitation purposes
Impersonate or misrepresent your affiliation with any person or entity
Violate any applicable law, regulation or Tecxell policy
Request, collect or store user Name, password or any other Account authentication information from other users
Encourage or enable any other individual to do any of the activities prohibited in these Terms

You will not act or refrain from acting on the basis of any Content contributed to our Services without first considering your own specific situation
You are not entitled to any compensation for advertisements, product and service offers, and other information with Content we display.

Our rights and responsibilities

We reserve the right (but have no obligation) to:

Use Content contributed to our Services for any purpose related to delivering or enhancing our Services, including developing, manufacturing and/or marketing goods or services, without compensation to the contributing user

Display advertisements, product and service offers, and other information with Content
Review, investigate and/or remove any Content at any stage for any or no reason, including Content we believe violates these Terms, without notice and liability
Permanently or temporarily modify, suspend or discontinue any aspect of our Services (including an Account) at any time, for any or no reason, with or without notice and liability
Retain and continue to use, display, reproduce, modify, create derivative works, perform, distribute and store Content for a commercially reasonable period following suspension, termination or discontinuation of your Account
Use any feedback or suggestions you provide without restriction or compensation to you
Assume the exclusive control of any matter subject to indemnification by you under these Terms.

You agree we are not responsible for:

Any unauthorised access to, or use of, our Services and personal information we collect and use
The accuracy, completeness, usefulness, safety or intellectual property rights of Content you are exposed to while using our Services
Backing up any Content others may view, or access through, our Services
Any interruption to, or cessation of, transmission to or from our Services
Any computer viruses, worms, Trojan horses or software intended to damage or alter our computer systems or data, which are transmitted to or through our Services by any third party
The Content, privacy policies or practices of any third party websites, and we will not censor or edit the Content of any third party website
Social Networking Sites; we do not, and will not, review, approve, monitor, endorse, warrant or make any representations with respect to Social Networking Sites
Any products or services you use or purchase from any Social Networking Site or third party website; we will not be a party to, or in any way responsible for, monitoring any transaction between you and a third party Any loss or damage of any kind (including personal injury and property damage) resulting from your access to or use of our Services.

Fees & Services

We may sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian Dollars, and we may change them from time to time. Any changes to our fee policy will be displayed on the site. Changes are effective when we announce them.

Our fees are non-refundable, and you are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or is overdue, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Privacy

You understand and agree these Terms incorporate the terms of our Privacy Policy.

You agree to be bound by the terms of our Privacy Policy, and expressly consent to our collection, use and disclosure of your personal information in the manner described in our Privacy Policy.

Advertising and Cookies

As you use the Services, advertising cookies will be placed on your computer or mobile device so that we may provide a customised experience. Our advertising partners including Google then enable us to present you with targeted advertising on other sites based on your previous interaction with Tecxell. The techniques our advertising partners employ do not collect personal information such as your Name, email address, postal address or telephone number. You can opt out of receiving targeted advertising by us.

Marketing

We do not use your email address or telephone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

Location

We do not collect location data, but users may voluntarily share their location with other users via the Tecxell Service.

Trademarks and Copyright

We own the Tecxell trademark and reserve all rights in relation to that trademark.All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

Warranties

You agree that your use of the Services shall be at your sole risk. To the maximum extent permitted by law, we specifically disclaim any and all warranties and conditions of merchantability, fitness for purpose and non-infringement, and any warranties arising out of the course of dealing or usage of trade.

Limitation of liability

To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Content and/or any use of our Services.

Where any law implies a warranty into these Terms that may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of that warranty will at our option be limited to the re-supply of the Services, or the payment of the cost of having them re-supplied.

You further understand our maximum liability to you arising under these Terms shall never exceed AUD 100.00, irrespective of the number of claims made.

Indemnity

You agree to defend, indemnify and hold harmless Tecxell (and our officers, directors, shareholders, agents, subsidiaries and employees) from all direct, indirect, incidental, special, punitive and consequential losses, liabilities, damages, claims and expenses arising from:

Errors, mistakes or inaccuracies of Content
Any interruption to, or cessation of, transmission to or from our Services
Any computer viruses, worms, Trojan horses or software intended to damage or alter our computer systems or data, which are transmitted to or through our Services by any third party
Any breach or alleged breach by you of these Terms
Any matters related to your acts, omissions or use of our Services
Your use of any third party website and Social Networking Site
Any unauthorised use of your Account or access to our Services.

Lawful Use

You may only use the Services for lawful purposes, and you must ensure that your use of the Services does not breach any laws that apply to you. Unlawful use of the Services may give rise to an offence or claim being made against you.

Entire agreement

You understand and agree these Terms (including our Privacy Policy, any additional agreements you enter with us in connection with our Services, and any variations) constitute our entire agreement with you.

These Terms supersede all prior communications, negotiations, arrangements and agreements, either oral or written between us in relation to their subject matter.

You may not assign, sub-contract, delegate or otherwise transfer your rights and responsibilities under these Terms without our prior written consent.

Governing law

These Terms are made, entered into and governed by the laws of the State of Victoria, Australia.

Our Services are controlled and operated from Australia, and we make no representations that they are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

Severability

If any provision of these Terms & Conditions is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms & Conditions to the intent that the invalid or unenforceable provision will be treated as severed from these Terms & Conditions.

Our failure to assert any right or provision under these Terms will not constitute a waiver of that right or provision. Further, no waiver of any term in these Terms will be deemed a further or continuing waiver of that term or any other term.

Disputes

If a dispute arises between any parties regarding any matter relating directly or indirectly to any use of the Site or the System (Dispute) then any party may notify the other party to the dispute in writing of the dispute (Dispute Notice).

Within 7 days of the service of the Dispute Notice, the parties involved in the Dispute must meet in good faith and use their best endeavours to resolve such Dispute to their mutual satisfaction.

If a Dispute cannot be resolved through good faith discussions pursuant to within a further 7 days of the meeting then:

any party to the dispute may refer the matter to mediation conducted by a mediator appointed:
by mutual agreement within a further 7 days; or
failing agreement within that period, by the President of the Law Institute of Victoria on the application of either party; and
the mediation must be conducted in accordance with the Law Institute of Victoria's Code of Practice for Mediation as amended from time to time or its successor code.

The parties involved in a Dispute will bear their own costs incurred pursuant to this clause except that they will share equally the costs relating to any mediator appointed under this clause relating to the Dispute.

Termination

These Terms & Conditions apply until superseded or until your Account is terminated by you or Tecxell.

Tecxell may terminate your Account and your right to use the Services at any time without prior notice.

Interpretation

In these Terms & Conditions:

(a) the singular includes the plural and vice versa;

(b) a reference to a document or instrument, including these Terms & Conditions, includes that document or instrument as novated, altered or replaced from time to time;

(c) a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;

(d) an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;

(e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

(f) an agreement, representation or warranty made in favour of two or more persons is made for the benefit of them jointly and for each of them severally;

(g) a reference to a person includes a reference to that person's legal representative for the time being;

(h) a party that is a trustee is bound both personally and in its capacity as trustee;

(i) all monetary amounts are in Australian dollars; and

(j) headings are inserted for convenience only and do not affect the interpretation of these Terms & Conditions.

No Merger

On completion or termination of the transactions contemplated by these Terms & Conditions, the rights and obligations of the parties set out in these Terms & Conditions will not merge and any provision that has not been fulfilled remains in force.

Notices

You agree all communications relating to your Account and/or your use of our Services can be electronic,and you agree to make and receive all such communications in electronic form (e.g. via email or our web/mobile sites).

Notices will be deemed as given 24 hours after an email is sent, or a web/mobile site is updated, unless the sending or posting party is aware the communication was not received.

Acceptance

By using or accessing the Services provided by us (or one of our related entities), irrespective of channel, you agree to be bound by these Terms (and any associated variations).

Contact us

Should you have any questions or suggestions regarding these Terms, or want to lodge a complaint about a potential breach of these Terms (including potential copyright infringement), please contact us via email at legal@Tecxell.com

We will contact you within seven days of receipt of your email to ensure we understand the nature of, and can work with you to resolve, your question, suggestion or complaint.

Thank you for using Tecxell!

last updated in August 2020