Terms & Conditions

1. Introduction

 

1.1 These Terms and Conditions ("Terms") govern the use of the Pex Publications Pty Ltd ("Pex", "we", "us", or "our") product subscriptions ("Product"). Any person ("User", "Subscriber", or "you") who wishes to use our Product agrees to abide by these Terms.

 

1.2 By subscribing to the Product, you confirm that you are legally capable of entering into binding contracts, and that you agree to be bound by these Terms.

 

2. Subscription and Rights of Use

 

2.1 Upon subscribing to a Pex product, the Subscriber ("You") are granted a limited, non-exclusive, non-transferable license to access and use the Product within your organization. This license extends only to those within your company or organization that you explicitly authorize, and only for internal business purposes. 

 

2.2 The Product may only be accessed and used within the confines of the physical office(s) of your organization. Remote access to the Product is not permitted unless it is by an authorized individual of your organization, and solely for the purposes of your organization. 

 

2.3 The subscription to the Product does not give you any rights in Pex Publications Pty Ltd or our intellectual property, except for the limited rights to use the Product under these Terms.

 

2.4 The Product is solely for the Subscriber's use and benefit. The Subscriber agrees not to use the Product for the benefit of any third party, unless explicitly approved in writing by Pex.

 

2.5 The Subscriber shall not sub-license, distribute, sell or otherwise provide third parties with access to any part or parts of the Product.

 

2.6 The Subscriber agrees to maintain all copyright and other notices contained in the Product on any copies made thereof.

 

2.7 The Subscriber agrees that the restrictions set forth in this section are reasonable in light of the Product's value and the business purposes of these Terms.

 

2.8 Any access to or use of the Product in a manner not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In the event of such a breach, your subscription may be terminated immediately. 

 

2.9 Pex reserves the right to monitor use of the Product to ensure compliance with these Terms. If Pex, at its sole discretion, determines that you have breached these Terms, we may take any action we deem appropriate to protect our interests, including suspending or cancelling your subscription.

 

3. Prohibited Distribution of Product

 

3.1 The Subscriber is expressly prohibited from distributing, transmitting, forwarding, or sharing the Product in any form or manner to:

 

   3.1.1 Other companies: This includes any organisation, corporation, partnership, or business entity that is not part of the Subscriber's own organisation or is not a fully owned subsidiary.

 

   3.1.2 Non-controlled subsidiaries or affiliates: Any organisation, business, or entity that is affiliated or connected to the Subscriber's organisation but not under the Subscriber's full control or ownership.

 

   3.1.3 Contractors: Any individual, group, or business that provides services to the Subscriber's organisation on a contractual basis but is not an employee or part of the Subscriber's organisation.

 

   3.1.4 Consultants: Any individual, group, or company that provides expert or professional advice to the Subscriber's organisation but is not an employee or part of the Subscriber's organisation.

 

   3.1.5 Associates: Any individual or entity that the Subscriber's organisation works with on a regular basis but who is not an employee or part of the Subscriber's organisation.

 

   3.1.6 Non-company individuals: This includes friends, family, acquaintances, or any other individual who is not an employee or part of the Subscriber's organisation.

 

   3.1.7 Any other external party: Any other individual, group, or entity that is not explicitly covered in the above points and is not an employee or part of the Subscriber's organisation.

 

3.2 Any unauthorised distribution of the Product, whether for commercial or non-commercial use, is strictly prohibited. Unauthorized distribution includes, but is not limited to, copying, reproducing, posting, or linking the Product without Pex's explicit permission.

 

3.3 Unauthorized distribution of the Product constitutes a significant breach of these Terms and Conditions. In the event of such a breach, Pex reserves the right to take necessary legal action, terminate or suspend the Subscriber's account, and hold the Subscriber liable for any loss or damage resulting from the breach.

 

3.4 It is the Subscriber's responsibility to ensure that the Product is kept secure and is not distributed beyond the confines of the Subscriber's organisation. Pex reserves the right to investigate and take appropriate action in response to any suspected breach of this clause.

4. Exception to Limitations

 

4.1 The restrictions stated in clause 3 can only be waived if a written request is made to Pex and is granted the prior written approval by an authorised representative of Pex Publications Pty Ltd. 

 

4.2 Approval for exceptions will be given at Pex's sole discretion and may be subject to additional conditions as specified by Pex.

 

5. Consequences of Violation

 

5.1 Violation of these Terms may result in immediate termination or suspension of the Subscriber's access to the Product, without refund or compensation.

 

5.2 Pex also reserves the right to pursue any remedies available at law or in equity for any violation of these Terms, including seeking damages and injunctive relief.

 

6. Intellectual Property Rights

 

6.1 All content, features, and functionality of the Product, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, and the design, selection, and arrangement thereof, are the exclusive property of Pex Publications Pty Ltd, its licensors, or other providers of such material. All intellectual property rights in the Product, including but not limited to copyright and trademarks, are owned by or licensed to Pex. All rights are reserved.

 

6.2 Subscribers are not permitted to use or replicate Pex's intellectual property without the express written consent of Pex. This includes, but is not limited to, the reproduction, modification, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Product (whether by linking, framing or any other method), or in any other way exploiting any of the content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be done without Pex's prior express written consent.

 

6.3 In no event will the Subscriber use, or encourage, promote, facilitate or instruct others to use, the Product for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

 

6.4 The Subscriber agrees to respect all intellectual property rights of Pex and its licensors, and agrees to refrain from any activity that could be construed as an infringement of such rights. Any violation of this clause may result in the termination of the subscription and possible legal action.

 

6.5 Pex and its associated logos are trademarks of Pex Publications Pty Ltd. Other trademarks, service marks, graphics, and logos used in connection with the Product may be the trademarks of their respective owners. The Subscriber is granted no right or license with respect to any such trademarks, service marks, graphics or logos.

 

6.6 In the event the Subscriber submits comments, suggestions, or other feedback regarding the Product (collectively, "Feedback"), such Feedback will become the property of Pex. Pex will be free to adopt such Feedback for any of its products or services, use it in any way, without any obligation to compensate the Subscriber.

 

7. Modification of Terms

 

7.1 Pex Publications Pty Ltd reserves the right to revise these Terms at any time, at its sole discretion. Any changes will be effective immediately upon posting on the Pex website or through direct communication with the Subscriber. 

 

7.2 It is the Subscriber's responsibility to review these Terms for any changes. Continued use of the Product following the posting of revised Terms signifies acceptance of the changes.

 

8. Governing Law and Jurisdiction

 

8.1 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of Australia.

 

8.2 Pex Publications Pty Ltd is based in Australia. As such, by using our Product, you acknowledge and agree that your use of the Product, and any dispute or claim arising out of such use, will be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

 

8.3 You agree that any dispute or claim you may have against Pex must be resolved by a court located in Australia, unless agreed upon otherwise by both parties. You agree to submit to the personal jurisdiction of the courts located within Australia for the purpose of litigating all such claims or disputes.

 

8.4 This choice of jurisdiction does not prevent Pex from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

 

8.5 If you are using the Product from a location outside of Australia, you are responsible for compliance with all local laws and regulations that may apply. 

 

8.6 Any cause of action or claim you may have with respect to these Terms or the Product must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is permanently barred.

 

8.7 If any provision in these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

 

9. Contact

 

9.1 If you have any questions about these Terms, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

These Terms and Conditions are effective as of Jan 1, 2023