Terms & Conditions
The website at ‘https://www.evolv3.net’ is owned by Evolv3 Innovation Pty Ltd (ACN 653 120 284). In these Terms and Conditions, “us”, “we” and “our” means Evolv3 Innovation Pty Ltd and our related bodies corporate. By accessing and/or using this website and related products and services, you agree to these Terms and Conditions, which include our Privacy Policy (available at [insert hyperlink to Privacy Policy]) (“Terms”). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
1. Registration
You may need to registered to access our website and use our services.
When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number and other contact details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy [insert hyperlink to Privacy Policy].
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure, and are responsible for all use and activity carried out under this user name. You must immediately notify us if you become aware of any unauthorised use of your information, account or other security breaches.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
2. Collection Notice
We collect personal information about you in order to provide you with our specialised services and all the features of our software and for purposes otherwise set out in our Privacy Policy at [insert hyperlink to Privacy Policy].
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, payment systems operators and our business partners), or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to [insert types of entities – see Privacy Policy] located in the European Union and Singapore.
Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us at privacy@evolv3.net.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law (including the Australian Consumer Law) we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website, or if that information is not up-to-date.
4. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
5. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).
Your use of this website, and use of and access to any Content, does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of pages on the website for the purpose of viewing the Content for your own personal use.
6. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent), or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses, Trojan horses or other harmful content that may cause damage to our property or the property of other individuals, or otherwise attempting to interfere or interfering with the operation of our website, network, products and/or services;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is in our reasonable opinion likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, misleading or otherwise, which infringes any intellectual property rights, or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
7. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our services on this website or the Content, including but not limited to warranties or representations that any software or the Content will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, our services, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
8. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the Content on it, or as a result of the inaccessibility of this website and/or the fact that certain Content on it is incorrect, incomplete or not up-to-date.
9. Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond our control, including without limitation the COVID-19 pandemic, any other pandemics or epidemics, acts of God, work stoppages, natural disasters, terrorism, war, civil unrest, governmental action, utilities or communication failure or disruption, or other like event.
10. Severability and waiver
If any court or relevant authority decides that any provision in these Terms is unlawful, void or unenforceable, it shall be severed to the extent necessary and the remaining clauses will continue in full force and effect. The failure of a party to exercise or enforce any right or provision in these Terms shall not constitute a waiver.
11. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.
12. Disputes
If any dispute arises between us, you must first write to us (using the contact details set out at the end of these Terms) and give us an opportunity to resolve the dispute. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date we are notified of a dispute, then either party may contact the other to request mediation or arbitration of the dispute.
13. Contact Us
If you have any questions or comments regarding these Terms, please contact us at:
1/35 Esplanade, Nedlands,
WA 6009 Australia
admin@evolv3.net
Level 3, 1060 Hay Street
Perth, WA 6005
admin@evolv3.net
Effective: 17 December 2023