4. While TYLO uses reasonable efforts to include accurate and up-to-date information in the Website, TYLO makes no warranties or representations as to its accuracy. TYLO assumes no liability or responsibility for any errors or omissions in the content of the Website.
5. When you register with TYLO and/or this Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from TYLO. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Website to TYLO, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of TYLO. No submission shall be subject to any obligation of confidence on the part of TYLO. TYLO shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. TYLO shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Website. Use of the Website is completely at your own risk.
9. Neither TYLO nor any other party involved in creating, producing or maintaining the Website and/or content on the Website shall be liable under any circumstances for any direct, incidental, coincidental, consequential, indirect or punitive damages arising out of your access to or use of the Website. Without limiting the foregoing, all content on the Website is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. TYLO does not warrant or make any representations regarding the use of the materials in the Website, the results of the use of such materials, the suitability of such materials for any user's needs or the likelihood that their use will meet any user's expectations, or their correctness, accuracy, reliability or correction. TYLO does not warrant that use of the materials will be uninterrupted or error-free, that defects will be corrected or that this Website, the content and/or the materials available on this Website are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. TYLO shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. In no event shall TYLO be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data or claims for service interruptions or transmission problems, occasioned by any defect in the Website, the Content and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of the theory of liability. This limitation will apply even if TYLO has been advised or is aware of the possibility of such damages.
12. You agree to indemnify and hold TYLO and each of its officers and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Website, (iv) your use of the Website or any services that TYLO may provide via the Website, and (v) your conduct in connection with the Website or the services or with other users of the Website or the services. TYLO reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide TYLO with such cooperation as is reasonably requested by TYLO.
14. This agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state of Queensland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last updated: November 2022