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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/ OR THE PRODUCTS.

TERMS & CONDITIONS

Welcome to Incannex Limited.

Incannex Limited (ABN 93 096 635 246) (IHC) owns, operates and provides this Website and its related Products subject to the following terms and conditions of use of this Website.

By accessing, browsing, or using this Website and/or using the Products you agree you have read, understood and agree to be bound by these Terms and Conditions and all applicable law and you acknowledge that this Website and/or the Products are available for your use only on the condition that you agree to be bound to these Terms and Conditions. You should read these Terms and Conditions and the IHC Privacy Policy carefully before using this Website.

IHC reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by publishing the amended Terms and Conditions on IHC’s Website. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes and/or the Products.

In these Terms and Conditions:

“IHC”, “us”, “we”, and “our” means Incannex Limited, its director/s, employees and agents, its subsidiaries, its holding companies or subsidiaries of such holding companies,
“Website” means IHC’s website [insert website address].
“You”, “you” and “your” refers to anyone who visits and/or uses this Website and/or the Products, and accepts these Terms and Conditions.
“Website Materials” means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
“Personal Property Securities Register” means the Personal Property Securities Register established by the Personal Property Securities Act 2009 (Cth) and regulations made under it.
“Products” means the products available for sale by IHC and/or other products available through the Website.
“Terms and Conditions” means the terms and conditions set out in this document.
PRIVACY

We have adopted a Privacy Policy that you should refer, to fully understand how we collect and use your information in accordance with the principles of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You can access the IHC Privacy Policy at [insert website address].

Copyright

Images of people, places and/or Products posted on this Website are either the exclusive property of IHC or are used herein with the express permission of IHC. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of IHC or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation of this Website is the exclusive property of IHC and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of IHC. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact IHC by using the contact details provided in these Terms and Conditions. Please note that IHC reserves all of its rights in this regard.

Trademarks

All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/or logos on this Website and used in relation to the Products are the exclusive trademarks and/or registered trademarks of IHC or otherwise licensed by the registered holders of the trademarks. The trademarks, trade dress and service marks of IHC may not be copied, imitated or used, in whole or in part, without prior written permission of IHC. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of IHC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IHC. All other trademarks, registered trademarks, product names and company names or logos used on this Website and/ or the Products are the property of their respective owners and have been licensed by IHC for the use of IHC only. You may not use any trademarks, trade dress, service marks or intellectual property of IHC or its related companies, nor may you place any Meta tags or any other “hidden text” utilising the name of IHC or its related companies, trademarks, or product names without our clear express written consent.

License and Site Access

We grant you a limited license to make personal use only of the Website for consideration and/or purchase of the Products. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.

You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Hyperlinks

Linking to our Website is prohibited.

Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense and IHC accepts absolutely no responsibility and makes no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third party websites.

Your Account

If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. IHC 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 IHC or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify IHC immediately of any unauthorised use of your account and/or password(s), or other breach of security.

ELECTRONIC COMMUNICATIONS

From time to time IHC may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to IHC using your email address to send you IHC newsletters or product or service information updates (as applicable). IHC may also use your email address to send updates to you from time to time about changes to IHC’s Products.

If requested by you, IHC will remove you from its mailing list in accordance with the IHC Privacy Policy.

Termination

Notwithstanding any of these Terms and Conditions, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this website for any reason or no reason. Upon termination, these Terms and Conditions will still apply.

Matter you may submit to the Company

From time to time IHC may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, IHC welcomes your comments regarding our merchandise and Products, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to IHC must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to IHC will become, upon your submission, the sole and exclusive property of IHC. IHC shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that IHC has the right to use such material in any way, including as outlined above and for promotional and advertising purposes, without compensation of any kind to you. If you choose to send material to us, you are forever assigning all rights in such original creative materials to IHC. By submitting any materials of any kind to IHC, you represent and warrant that you hold all necessary rights, titles and licenses to such materials and that your submission of such materials to IHC does not and will not violate or infringe the rights of any third-parties.

IHC has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, IHC reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by IHC necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.

IHC does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities, and specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorised company spokespersons, and their views do not necessarily reflect those of IHC.

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except where otherwise stated in the IHC Privacy Policy. Anything you transmit or post may be used by IHC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, IHC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing services using such information.

Warranties

incannex.com.au is the generic URL for the country specific to IHC.

This Website is provided “as is” and IHC excludes all warranties of any kind to the fullest extent permissible by law. IHC does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.

It may be necessary to interrupt the services provided on IHC’s Website in order to upgrade or maintain them, or for other circumstances beyond IHC’s control. Should IHC need to interrupt the availability of Products on this Website, IHC will use its reasonable endeavours to minimise any interruption to the services.

The Competition and Consumer Act 2010 and other statutes may impose warranties, conditions or obligations upon IHC which cannot by law be excluded (or which can only be limited to a limited extent by law). Other than as expressly provided for in these Terms and Conditions, IHC exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

Except as expressly otherwise provided in these Terms and Conditions, IHC shall not be liable for any loss, harm, injury, death or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from the Products, Website or services provided by IHC to you or for any other reason.

To the extent that IHC are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms and Conditions or for any other reason, such liability is limited to the amount of the price of the Products concerned that you have actually paid to us.

IHC may agree to a higher limitation of liability with you than the limit noted above, but such agreement will only be effective if recorded in writing and signed on IHC’s behalf by an authorised signatory.

You agree that this Website is provided free of charge. IHC shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. IHC may from time to time, publish links to other third party websites on this Website. Contents, hyperlinks or information held on other sites is not the responsibility of IHC. IHC shall not be held liable for any information held on websites which may have links to or from this Website and which are not maintained and controlled by IHC. IHC does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does IHC warrant that material on other websites does not infringe the intellectual property rights of any other person.

By using this Website and/ or the Products, you consent to the Terms and Conditions and disclaimers, as defined by IHC. IHC reserves the right to change these conditions from time to time without giving you prior notice.

Your use of any materials or information provided on this Website and/or the Products is entirely at your own risk. We assume no duty of care to you with respect to this Website and/or the use of the Products.

DISCLAIMER

All information provided on the IHC website is for promotional or educational purposes only. The information provided is not provided as personal advice, nor is the information specific to your own personal situation. If you use the Products or follow any advice shown by IHC you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge us, our agents, directors and any third party associated with IHC from any and all claims or causes of action, known or unknown from any claim whatsoever including (but not limited to) death, injury and/or property damage.

INDEMNITY

You (and your related parties) agree to defend, indemnify and hold harmless IHC, our officers, related entities, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or Products or your breach of any of these Terms and Conditions.

Applicable Law

By accessing, browsing or using this Website, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and IHC or its related companies. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and IHC or any of its related companies.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and IHC with respect to this Website and the Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. The rights provided in these Terms and Conditions are cumulative and not exclusive of any other rights available in any other instrument or at law. These Terms and Conditions are in addition to and are not prejudiced by or merged in any right a party now has or may have. If any of these Terms and Conditions are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining Terms and Conditions. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.

VARIATION

These Terms and Conditions can only be amended or varied by IHC at its own discretion and may not be amended or varied in any other manner.

ASSIGNMENT

IHC may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.

You are unable to assign any of your rights in any purchase of the Products without the prior written permission of IHC.

SEVERANCE

If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.

Contact Us

If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:

Name: Incannex Limited (ABN: 93 096 635 246)

Place of Registration: Australia

Office Address: 3 Fir Street, Dingley Village VIC 3172
Phone: +61 03 9090 7993
Email: enquiries@incannex.com.au