Terms and Conditions.

Welcome to Lexigo. These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of Lexigo services and the Lexigo website, including any browser extensions, online applications, mobile applications and other downloadable apps we provide (collectively, “Lexigo”).

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the lexigo.com website and any associated products including, but not limited to; fred.lexigo.com, app.lexigo.com (the "Service") operated by Lexigo Global Pty Ltd ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Definitions

"Services" means our content, services, apps and other products or services provided from time to time.

"We" means Lexigo Global Pty Ltd ACN 146 336 950.

“Website/s” means lexigo.com and associated domains, including but not limited to fred.lexigo.com and app.lexigo.com.

"You" means any user of our Services or Websites.

Nature of Information

Any information provided under our Websites, including blog posts or articles, or as a result of the use of our Services are of a general nature only.

 

Use of Our Services

 

1.     You may be required to register an account with us in order to use some of our Services.

2.     By registering an account, you agree that all information provided by you is true and correct and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

3.     You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

 

Use of Our Website

 

1.     Whilst we will use our best endeavours to ensure that our Websites are free from viruses, we make no such warranty that they are, and it is your responsibility to ensure that our Websites do not expose you to any viruses or other code that is harmful or may cause harm.

2.     You must only use our Websites for lawful purposes, which may include:

·        browsing any part of our Websites solely in order to view them; or

·        using our Services.

3.     Email addresses, contact forms and any other communication forms that appear on our Websites are for professional communications only and must not be used to send unsolicited messages.

4.     You must not in any way reproduce, publish, communicate or adapt any part of our Websites, including these terms and conditions and any blog posts, without our prior written consent. Unless otherwise indicated, we own or license all copyright in our Websites and their contents, and reserve all rights in relation to copyright material.

 

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Lexigo Global Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lexigo Global Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

1.     All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Services belong to us.

2.     By creating an account, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services.

3.     You must not copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Services to anyone else.

4.     In using the Services, you must not infringe the copyright, trademarks, design rights, patents and other intellectual property rights or privacy rights of others.

 

Your Content

1.     You retain ownership of any intellectual property rights that you hold in content that you upload, store, send or receive when using our Services.

2.     You grant us a worldwide licence to host and store your content. Unless otherwise requested by you, this license continues even if you stop using our Services.

 

Links to Other Websites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by Lexigo Global Pty Ltd.

 

Lexigo Global Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lexigo Global Pty Ltd 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

 

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

 

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

 

Limitation of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service. To the extent permitted by law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of our Websites or our Services. Any condition or warranty regarding our Websites or our Services that would otherwise be implied (by statute or otherwise) into these terms and conditions is excluded.

 

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

Our Websites may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.

 

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.

 

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

 

 

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Lexigo Global Pty Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Lexigo Global Pty Ltd customer support team.

 

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Lexigo Global Pty Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Lexigo Global Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

 

Should automatic billing fail to occur for any reason, Lexigo Global Pty Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Free Trial

Lexigo Global Pty Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

 

You may be required to enter your billing information in order to sign up for the Free Trial.

 

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Lexigo Global Pty Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

 

At any time and without notice, Lexigo Global Pty Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

Fee Changes

 

Lexigo Global Pty Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

Lexigo Global Pty Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

 

Certain refund requests for Subscriptions may be considered by Lexigo Global Pty Ltd on a case-by-case basis and granted in sole discretion of Lexigo Global Pty Ltd.

 

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

Lexigo Global Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

 

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

1.     We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.

2.     Parts of our Websites may not be updated regularly and may therefore be out of date.

3.     If any part of any of these terms and conditions is void, then the part that is void may be severed.

4.     These terms and conditions, your use of our Websites and our Services and any dispute arising out of these are governed by the laws of Victoria, Australia.

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms 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.

 

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

 

 

 

Contact Us

 

If you have any questions about these Terms, please contact us:

  • By email: hi@lexigo.com

  • By mail: Tower 4, Level 10, 611 Flinders St. World Trade Centre Vic 3005

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Australia

 

611 Flinders Street

Tower 4, Level 10

World Trade Centre Vic 3005

(Melbourne)

ABN 32 146 336 950

1300 LEXIGO  (+61 3 8630 2930)

Singapore

 

24 Raffles Place

Level 28

Clifford Centre

Singapore 048621

UEN 201907778H

+65 6637 8621

© 2019 Lexigo — Lexigo® & Be Native® are registered trademarks. All rights reserved worldwide.