Effective: 29 April, 2023
This Governing Law and Dispute Resolution section outlines the
governing law, jurisdiction, and various methods for resolving disputes
that may arise between RCX Pty Ltd ("RCX," "we," "us," or "our") and its
users in relation to the use of RCX's services, website, or
applications (collectively, "Services"). By accessing or using our
Services, you ("Client,” “user," "you," or "your") agree to the
following terms and conditions:
1. RCX's Responsibility
RCX is committed to providing its Services with reasonable care,
skill, and diligence. However, we cannot guarantee that our Services
will always be uninterrupted, error-free, or completely secure. RCX is
not responsible for any delays, interruptions, or failures in the
provision of our Services that are beyond our reasonable control, such
as internet service outages, power failures, or force majeure events.
2. User Responsibility
You are responsible for your use of RCX's Services and any content or
materials you submit, publish, or display through our Services. You
agree to indemnify, defend, and hold RCX harmless from any claims,
damages, or expenses arising from your use of our Services, any
violation of our Terms and Conditions, Privacy Policy, or Intellectual
Property Agreement, or any third-party claims relating to your content
or actions.
3. Limitation of Liability
To the fullest extent permitted by law, RCX and its affiliates,
officers, directors, employees, and agents will not be liable for any
indirect, consequential, incidental, punitive, or special damages
arising out of or in connection with your use of our Services. This
includes, but is not limited to, loss of profits, business interruption,
loss of data or information, or any other pecuniary loss. RCX's total
liability to you under this Agreement shall be limited to the amount
paid by you to RCX for the Services during the 12 months preceding the
event giving rise to such liability.
4. Force Majeure
RCX shall not be liable for any failure or delay in the performance
of its obligations under this Agreement if such failure or delay is due
to events beyond its reasonable control, including but not limited to,
natural disasters, strikes, acts of terrorism, pandemics, changes in
applicable laws or regulations, or other unforeseen circumstances.
5. No Warranties
RCX provides our Services on an "as is" and "as available" basis. We
make no warranties, express or implied, regarding the quality, accuracy,
completeness, or reliability of our Services or any content or
materials provided through our Services. You acknowledge that the use of
RCX's Services is at your sole risk.
6. Governing Law
This Liability section shall be governed by and construed in
accordance with the laws of Victoria, Australia, without regard to its
conflict of law provisions. Any legal action or proceeding arising under
this Agreement shall be brought exclusively in the courts located in
Victoria, Australia.
7. Severability
If any provision of this Liability section is found to be
unenforceable or invalid, that provision shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect and enforceable.
8. Entire Agreement
This Liability section, together with our Terms and Conditions,
Privacy Policy, Agreements, and Intellectual Property Agreement,
constitutes the entire agreement between you and RCX with respect to the
use of our Services and supersedes all prior or contemporaneous
understandings, agreements, or representations, whether written or oral.
By using RCX's Services, you acknowledge that you have read, understood, and agreed to be bound by this Governing Law and Dispute Resolution Agreement
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