Agreement to Terms of Use and Access

The Terms and Conditions of Use and Access (the “Terms of Use”) apply to the web site being conperior.com, ineofabulam.com, and all associated domain names linked to those web pages (collectively known as the “Site”). The Site is the property of Conperior Pte Ltd (“Conperior”). In this Agreement, “you” and “your” refer to the user of the Site. The words “we,” “our” and “us” refer to Conperior. “Agreement” refers to the terms and conditions stated below, or as amended by us from time to time.

Conperior reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms of Use at any time. Your continued use or viewing of the Site following the posting of changes to the Terms of Use will mean that you accept and agree to the changes. It is your responsibility to check these Terms of Use for changes prior to any subsequent use or viewing of the Site. Provided that these Terms of Use are complied with, Conperior grants you a personal, non-exclusive, non-transferable, limited privilege to enter, view and use the Site.

Content

All text, graphics, user interfaces, forms, images, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Conperior, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Conperior’s express prior written consent.

Information received through the Site may be reformatted, displayed, and printed for your personal, non-commercial use on the condition that you do not change, delete, hide, remove, or in any way make ineffective the trademark, copyright, or proprietary notices therein.

Protected Information

Information which may be received from the Site or viewed via the use of digital rights management software or systems may be viewed only subject to the Terms of Use concerning such Information. Details of any Terms of Use concerning such information may be provided as part of the information package or be accessible from the Site prior to obtaining the information package.

You acknowledge that any information or content viewed with the aid or use of digital rights management systems or software is considered commercial in confidence and is intended to be read by the nominated recipient only. Such information is not to be redistributed, copied, printed, reformatted or otherwise reproduced in any form for the benefit of or dissemination to any other party.

Your Use of the Site

You may not attempt to gain any unauthorized access to any portion of the Site, or any systems or networks connected to the Site or to any Conperior server, by any illegitimate or unlawful means.

You may not breach nor attempt to breach or circumvent any security or authentication measures on the Site or any network connected to the Site. You may not exploit the Site or any service or information made available or offered by or through the Site to reveal or retrieve any personal identification information, other than your own information as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, its hosting systems or Conperior’s systems or networks, or any systems or networks connected to the Site or to Conperior. You agree not to use interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge, falsify nor manipulate user identifiers in order to disguise the origin of any message or transmittal you send to Conperior on or through the Site or any portion or function of the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Conperior or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to create an “account”. For the purposes of the Terms of Use an “account” is any identification information willingly provided to or through the site by yourself which is identifiably separate to, or exclusive to yourself. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under or with your account. You agree to notify Conperior immediately of any unauthorized use of your account or password, or any other breach of its security.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Conperior cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Conperior’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. View Conperior’s Privacy Policy

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure, and that all information transferred to and from the Site will traverse third party networks or infrastructure over which Conperior has no control nor has any liability for whatsoever. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Conperior Site

This Site may contain links to other independent third-party web sites (“Linked Sites”). These links are provided solely as a convenience to our visitors. Such Linked Sites are not under Conperior’s control, and Conperior is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites, and the presence of any link on the Site is not in any way a recommendation by Conperior for you to visit those sites.

Disclaimers

CONPERIOR DOES NOT COMMIT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT RE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CONPERIOR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR THAT THEY WILL BE RECEIVED BY YOU IN THEIR ORIGINAL UNALTERED FORM. CONPERIOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONPERIOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CONPERIOR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CONPERIOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES AND AN ESSENTIAL CONDITION OF THESE TERMS OF USE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Conperior reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Conperior be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Conperior has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Conperior is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Conperior liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the twelve months prior to the date of the initial claim made against Conperior. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply in some situations.

Indemnity

You agree to indemnify and hold Conperior, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Conperior by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Conperior may disclose any information we have about you (including your identity) to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Conperior’s rights or property, or the rights or property of visitors to or users of the Site, including Conperior’s customers. Conperior reserves the right at all times to disclose any information that Conperior deems necessary to comply with any applicable law, regulation, legal process or governmental request. Conperior also may disclose your information when Conperior determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Conperior may preserve any transmittal or communication by you with Conperior through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Conperior determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Conperior, its employees, users of or visitors to the Site, and the public.

You agree that Conperior may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and may cause irreparable harm to Conperior, for which monetary damages would be inadequate, and you consent to Conperior obtaining any injunctive or equitable relief that Conperior deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Conperior may have at law or in equity.

You agree that Conperior may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New South Wales in Australia without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Conperior and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Conperior administers and operates the Site from its location in Sydney, Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use internationally. Conperior reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Unsolicited Idea Submission

By submitting Content or ideas in any form, via chat or any other means, to the Site or to Conperior, you grant Conperior a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or ideas or incorporate such Content or ideas into any form, medium, or technology now known or hereafter developed. Further, Conperior shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas.

Any Content or ideas posted by you to any publicly visible place within the Site shall immediately and irrevocably become public property and available for use by any party for any lawful purpose in any way, including Conperior or its agents and partners.

If you are not the owner of any Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold Conperior harmless if any such Content submitted is in violation of any such rights.

You agree that your ideas will automatically become the property of Conperior without compensation to you, and that Conperior can use the ideas you submit for any purpose and in any way, including giving the ideas to others.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Conperior shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice. ©2018 Conperior Pte Ltd. All rights reserved.