Description of services
Through its network of Web properties, Nintex provides you with a variety of resources, including information pages, download areas, communication forums, developer tools and web service APIs (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these terms and conditions.
This agreement forms the conditions of supply of material on, use of and access to the Services. Your continued use of the Services 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 Services.
While Nintex has endeavoured to ensure that all information provided by the Services 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 Services or Nintex's failure to provide access to the Services or information updates.
Accuracy of information and disclaimer of warranties
All material on the Services 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 Services 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 Services 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 provided by the Services, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
General information only - non advisory
The material on the Services 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 on the Services 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 Services to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nintex and its product logos are registered trademarks owned by Nintex USA LLC and Nintex Pty Ltd. Other trademarks are displayed on the Services and these belong to third parties. Nothing displayed on the Services should be construed as granting any licence or right of use of any logo, masthead or trade mark, without the express written permission of the relevant owner.
As a condition of your use of the Services you warrant to Nintex that you will not use the Services 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:
- use any automated scripting tools or software;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
- upload, post, e-mail, transmit or otherwise make available using the Services any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- breach any applicable laws or regulations.
Nintex has no obligation to monitor any user's use of the Services, 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 Services.
Third party services
Websites and web service APIs operated by third parties (collectively “Third-party Services”) may be accessed from or through the Nintex Services. These Third-party Services are not under the control of Nintex and nor does Nintex have any responsibility for the contents, operation, availability, or accuracy of any such Third-party Services. If you access any such Third-party Services you do so entirely at your own risk.
Member account, password, and security
If any of the Services requires you to open an account, register, or pass secure credentials, you must complete such process by providing current, complete and accurate information. You are entirely responsible for maintaining the confidentiality of your account details including any passwords or other security keys. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Nintex immediately of any unauthorized use of your account or any other breach of security. Nintex will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Nintex or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Limitation of liability
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:
- In the case of services supplied or offered by Nintex:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied;
- In the case of goods supplied or offered by Nintex:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of having the goods repaired.
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:
- the use of or access to or any inability to use or access the Services or any material on the Services;
- unauthorised access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Services.
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 Services.