This product is owned and operated by Encevia Systems Pty Ltd (ABN 46 675 966 588, ACN 675 966 588) (‘Encevia’). By accessing and/or using this product and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.encevia.com/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and must immediately cease using our product(s) if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Encevia and any related bodies corporate.

1  Artificial intelligence

IMPORTANT: This product is not a substitute for professional legal or industrial advice. AI responses provided in our product(s) are general in nature only and may contain inaccuracies.

2  Registration

You must be a registered member to access and use our product(s). This requirement is a condition of these Terms.

When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, age or date of birth, and information relating to your employment. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy, available on our website.

When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

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.

3  Collection Notice

We collect personal information about you in order to process your registration, provide you with access to our product(s), respond to your enquiries, and for purposes otherwise set out in our Privacy Policy, available on our website.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers 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 product(s) to you. We may also disclose your personal information to recipients that are located outside of Australia, including to, e.g., information technology, artificial intelligence, cloud computing, and other third-party suppliers/providers located outside of Australia, such as in the United States of America.

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 the details provided in our Privacy Policy, available on our website.

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.

4  Accuracy, completeness and timeliness of information

The information in our product(s) 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 in our product(s), to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information provided. You should monitor any changes to the information contained in our product(s).

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 product or a linked service. You must take your own precautions to ensure that whatever you select for your use from our product(s) 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 our product(s) (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the product(s) updated. We are not liable to you or anyone else if errors occur in the information in our product(s) or if that information is not up-to-date.

5  Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

6  Purchases

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

7  Linked sites

Our product(s) may contain links to 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 services and have no control over or rights in those linked services.

8  Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this product and in all of the material (including all text, graphics, logos, audio and software) made available on this product (Content).

Your use of this product and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this application or the Content. However, we do grant you a licence to access the product 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 product 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 (all of which are expressly prohibited).

All other use, copying or reproduction of this product, 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 our Content for the purpose of viewing the Content for your own, individual, personal use. This one copy must not be shared with any other party.

9  No commercial use

This product is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this product. You may not use this product, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own application, website, or similar.

10  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 product, 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 product to defame or libel us, our employees or other individuals;

• uploading files that contain viruses that may cause damage to our property or the property of other individuals;

• posting or transmitting to this product any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise 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 product, we have the right to take down this information at our sole discretion and without notice.

11  Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this product or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this product will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this product, any Content, or any feature of this product at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

12  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 product(s) and/or the information or materials contained on it, or as a result of the inaccessibility of this product and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

13  Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of South Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in South Australia.

14  Fair use

Your use of our product(s) must not cause unnecessary loss, or any other damage, to Encevia. This includes, but is not limited to, the use and number of queries asked by you to, e.g., our Artificial Intelligence system(s). Your use of our product will be monitored and, if your usage is substantially different to that of the average user, we reserve the right to take all necessary action to avoid (and recover) any damage or loss to us, including but not limited to the pausing or termination of your account. The sharing of any Content of our product(s) with parties that would not otherwise have access to our product(s) is strictly prohibited. This clause forms a condition of these Terms.

15  Severability of provisions

These Terms incorporate by reference any notices contained in our product(s), on our website, and our Privacy Policy. The Terms constitute the entire agreement with respect to access to and use of this product. If any provision of these Terms is unlawful, void or unenforceable, or conflicts with other information provided by us, then that provision (or information) shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

16  Other

Encevia reserves the right to decline any registration application to any event, product, or otherwise held by Encevia. Other restrictions may apply.

Effective: 19 February 2025.

Encevia Systems Pty Ltd Terms and Conditions of Use v1.0. All rights reserved.