Terms Of Use

Terms of Use

Effective Date: January 20, 2024

Welcome to Total-Ex (“us”, “we”, or “our”). By accessing or using the Total-Ex website (the “Website”) and Total-Ex software (“Total-Ex”), you agree to comply with and be bound by the following Terms of Use. Please read these Terms of Use carefully before using our Website or Total-Ex.

  1. Acceptance of Terms By accessing or using the Website or Total-Ex in any manner, you agree to be bound by these Terms of Use, our Privacy Policy, and all other operating rules, policies, and procedures that may be published from time to time on the Website by us.
  2. Use of the Website and Total-Ex The content of the pages of this Website and the functionality of Total-Ex are for your general information and use only. Total-Ex is a web application built with React, PostgreSQL, and Go, designed for managing data for electrical equipment in hazardous areas. Total-Ex is hosted on AWS Sydney servers.
  3. Intellectual Property The Website, Total-Ex, and their original content, features, and functionality are owned by Total-Ex and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  4. User Conduct When using the Website or Total-Ex, you agree not to:
    • Violate any applicable laws, regulations, or guidelines;
    • Infringe upon the rights of any third party;
    • Use the Website or Total-Ex in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website or Total-Ex;
    • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Website or Total-Ex or to extract data;
    • Attempt to circumvent any content filtering techniques we employ or attempt to access any feature or area of the Website or Total-Ex that you are not authorized to access.
  5. User Competency and Liability Disclaimer Total-Ex is intended for use by trained professionals who are competent in the fields related to managing data for electrical equipment in hazardous areas. While we have implemented controls to mitigate risks, we cannot be held liable or sued for any misuse or intentional bypassing of these controls. Users of Total-Ex are responsible for ensuring their own competence and for using the software in accordance with applicable laws, regulations, and industry standards.
  6. Third-Party Links The Website or Total-Ex may contain links to third-party websites or services that are not owned or controlled by Total-Ex. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Total-Ex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
  7. Disclaimer of Warranties The Website and Total-Ex are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permitted by law, Total-Ex disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  8. Limitation of Liability In no event shall Total-Ex, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Total-Ex; (ii) any conduct or content of any third party on the Website or Total-Ex; (iii) any content obtained from the Website or Total-Ex; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
  9. Indemnification You agree to defend, indemnify, and hold harmless Total-Ex and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Website or Total-Ex, by you or any person using your account and password; (b) a breach of these Terms of Use, or (c) Content posted on the Website or Total-Ex.
  10. Governing Law These Terms of Use shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
  11. Changes We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
  12. Contact Us If you have any questions about these Terms of Use, please contact us at admin@totalex.com.au.

By accessing or using the Website or Total-Ex, you agree to be bound by these Terms of Use. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website or Total-Ex.

Last Updated: March 20, 2024

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